Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 10 August 2017, commencing at 9.04am
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: Acting Chief Executive (D Hammond), 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), Manager Communications (P Shattock), Executive Officer (M Joubert), Risk and Procurement Analyst (S Vaughan), Administration Adviser (L Canton), and Youth Councillor (L Ly)
Apology: Councillor Fulton for lateness
Opening Prayer
Councillor Skinner gave the opening prayer.
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Resolved CL/2017/281 That the Council Receives and accepts the apology from Councillor Fulton for lateness. |
2. Confirmation of Order of Business
Her Worship the Mayor advised that the Acting Chief Executive had withdrawn agenda item 20.4 Internal Audit – Annual Plan to 30 June 2018, in accordance with Standing Order 9.9 Withdrawal of agenda items.
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
There was no public forum.
5. Confirmation of Minutes
5.1 14 June 2017 - Extraordinary Meeting
Document number M2677, agenda pages 18 - 21 refer.
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Resolved CL/2017/282 That the Council Confirms the minutes of the extraordinary meeting of the Council, held on 14 June 2017, as a true and correct record. |
5.2 22 June 2017
Document number M2698, agenda pages 22 - 50 refer.
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Resolved CL/2017/283 That the Council Confirms the minutes of the meeting of the Council, held on 22 June 2017, as a true and correct record. |
6. Status Report - Council - 10 August 2017
Document number R8135, agenda pages 51 - 59 refer.
Acting Chief Executive, David Hammond, Group Manager Infrastructure, Alec Louverdis, and Senior Strategic Adviser, Nicky McDonald, answered questions.
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Resolved CL/2017/284 That the Council Receives the Status Report Council 10 August 2017 (R8135) and its attachment (A1168168). |
Document number R8104, agenda pages 60 - 67 refer.
Her Worship the Mayor presented the report and answered questions about the proposed change to the Chief Executive Recruitment Group membership.
Her Worship the Mayor, seconded by Councillor Rutledge, moved the recommendation in the Mayor’s Report.
Councillor Lawrey, seconded by Councillor McGurk, moved an amendment to the second clause of the motion
That the Council
Amends the membership of the Chief Executive Recruitment Group by adding Councillor Courtney.
The amendment was put and lost on a show of hands.
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Resolved CL/2017/285 That the Council Receives the Mayor's Report (R8104) and its attachment (A1808047) ; and Amends the membership of the Chief Executive Recruitment Group by substituting Councillor Courtney for Councillor Acland. |
Attendance: Councillor Matheson left the meeting from 9.55am to 9.58am.
Her Worship the Mayor invited Youth Councillor Linda Ly to speak about her upcoming attendance at the Model United Nations conference in the United States.
8. Upper Trafalgar Street - Summer Closure
Document number R7764, agenda pages 68 - 74 refer.
Group Manager Community Services, Chris Ward, and Executive Officer, Michelle Joubert presented the report and answered questions about the proposed trial.
Attendance: Councillor Fulton joined the meeting at 10.21am.
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Resolved CL/2017/286 That the Council Receives the report Upper Trafalgar Street - Summer Closure (R7764); and Approves informal consultation with stakeholders on the proposed temporary closure of the section of Trafalgar Street between Selwyn Place and Hardy Street (Upper Trafalgar Street) to traffic from 1 December 2017 to 31 March 2018; and Notes that following informal consultation with stakeholders on the proposal to temporarily close Upper Trafalgar Street, a further report will be presented to the Council for a decision on the temporary closure. |
9. Whakamahere Whakatu Nelson Plan - Designations
Document number R7355, agenda pages 75 - 102 refer.
Group Manager, Alec Louverdis, and Reuben Petersen of Opus International Consultants presented the report.
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Resolved CL/2017/287 Receives the report Whakamahere Whakatu Nelson Plan – Designations (R7355) and its attachments (A1774347, A1774346, A1774349 and A1774348); and Approves retaining the existing designations with or without modification to text and mapping, as detailed in Table 1 of report R7355 for inclusion in the proposed Whakamahere Whakatu Nelson Plan and subject to that process; and
Approves removing the designations as detailed in Table 2 of Report R7355. |
10. 40 Frenchay Drive Easement for Purposes of Electricity Supply - Amendment to previous Resolution of 8 September 2016
Document number R8143, agenda pages 103 - 108 refer.
Group Manager Corporate Services, Nikki Harrison presented the report.
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Resolved CL/2017/288 That the Council Receives the report 40 Frenchay Drive Easement for Purposes of Electricity Supply - Amendment to previous Resolution of 8 September 2016 (R8143) and its attachment (A1803572); and Grants the amendment to now grant the easement in gross, meaning granting the easement to Network Tasman Limited rather than to the property, in favour of Network Tasman Limited over the area shown on the plan marked “A” (Attached One, A1803572) over Lot 31 DP 487620, adjoining the boundary with Lot 29 DP 487620 with all costs associated with the easement to be met by The Hammock Hill Trust as owner of 40 Frenchay Drive; and Confirms the easement be agreed to under section 48(1)(d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation. |
Attendance: The meeting adjourned from 10.36am to 10.42am.
11. Elected Members' Code of Conduct
Document number R7755, agenda pages 109 - 149 refer.
It was noted that the elected members who had worked to progress the Code of Conduct (the Code) through to its adoption wished to make one further amendment to remove the third paragraph from section 6 of the Code relating to contact with the media.
Councillor Dahlberg, seconded by Councillor Courtney, moved a motion
That the Council
Receives the report Elected Members' Code of Conduct (R7755) and its attachments (A1745031, A1808134 and A1808138); and
Adopts the Nelson City Council Code of Conduct (A1745031) with an amendment to remove the third paragraph of section 6 Contact with the media, commencing “Members are encouraged…”.
Councillor Lawrey, seconded by Councillor Acland, moved an amendment to the second clause of the motion
That the Council
Adopts the Nelson City Council Code of Conduct (A1745031) with an amendment to add a paragraph to section 6 to state “6.3 Elected members will not use anonymity or fake names to comment in online forums on council matters or council-related matters”.
Councillors debated the amendment and a variety of views were expressed.
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The amendment was put and a division was called:
The amendment was lost 6 - 7. |
Attendance: Councillor Lawrey left the meeting from 10.58am to 11.08am.
Councillors debated the substantive motion and a variety of views were expressed.
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Resolved CL/2017/289 That the Council Receives the report Elected Members' Code of Conduct (R7755) and its attachments (A1745031, A1808134 and A1808138); and
Adopts the Nelson City Council Code of Conduct (A1745031) with an amendment to remove the third paragraph of section 6 Contact with the media, commencing “Members are encouraged...”. |
12. Notice of Motion - Tahunanui Cycle Network
Document number R8062, agenda pages 150 - 152 refer.
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Resolved CL/2017/290 That the Council Receives the report Notice of Motion - Tahunanui Cycle Network (R8062). |
Councillor Walker advised he did not wish to proceed with the Notice of Motion and the motion lapsed.
Document number R8007, agenda pages 153 - 161 refer.
Group Manager Infrastructure, Alec Louverdis presented the report.
Her Worship the Mayor and Councillor Walker nominated Councillor Lawrey to the advisory group and Councillor Lawrey accepted.
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Resolved CL/2017/291 That the Council Receives the report Tahunanui Cycle Network (R8007) and its attachment (A1795358); and Approves the alternate delivery model as detailed in report R8007 as a mechanism that could successfully deliver the Tahunanui Cycle Network project; and Approves the composition of an Advisory Group to include the Chair of the Works and Infrastructure Committee, Councillor Lawrey, a representative of Bicycle Nelson Bays, a representative of NZTA and officers, to move this project forward; and Approves the Draft Terms of Reference for the Tahunanui Cycling Advisory Group (Attachment one, A1795358); and Approves the allocation of $80,000 in the current financial year (2017/18) to allow work to proceed to enable a preferred option to be presented to the Works and Infrastructure Committee; and Agrees that a final option for implementation will be presented to a future Works and Infrastructure Committee for approval in March 2018. |
14. Risk Management Policy and Risk Criteria - Recommendation from Audit Risk and Finance Sub-Committee
Document number R8091, agenda pages 162 - 173 refer.
Risk and Procurement Analayst, Steve Vaughan, presented the report and answered questions about reporting frequency and the Local Government Excellence Programme report.
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Resolved CL/2017/292 That the Council Receives the report Risk Management Policy and Risk Criteria - Recommendation from Audit Risk and Finance Sub-Committee and its Attachments (A1553263 and A1545157). |
15. Regional Pest Management Joint Committee - 26 April 2017
Document number R8191, agenda pages 174 - 176 refer.
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Resolved CL/2017/293 That the Council Receives the unconfirmed minutes of a meeting of the Regional Pest Management Joint Committee, held on 26 April 2017. |
16. Nelson Tasman Regional Landfill Business Unit - 15 June 2017
Document number R8130, agenda pages 177 - 180 refer.
Attendance: Councillor Fulton left the meeting at 11.20am.
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Resolved CL/2017/294 That the Council Receives the unconfirmed minutes of a meeting of the Nelson Tasman Regional Landfill Business Unit, held on 15 June 2017. |
17. Nelson Regional Sewerage Business Unit - 10 March 2017
Document number M2405, agenda pages 181 - 184 refer.
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Resolved CL/2017/295 That the Council Receives the unconfirmed minutes of a meeting of the Nelson Regional Sewerage Business Unit, held on 10 March 2017. |
18. Regional Transport Committee - 19 June 2017
Document number M2693, agenda pages 185 - 186 refer.
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Resolved CL/2017/296 That the Council Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 19 June 2017. |
19. Hearings Panel - Other - 20 June 2017
Document number M2700, agenda pages 187 - 188 refer.
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Resolved CL/2017/297 That the Council Receives the unconfirmed minutes of a meeting of the Hearings Panel - Other, held on 20 June 2017. |
20. Audit, Risk and Finance Subcommittee - 27 June 2017
Document number M2711, agenda pages 189 - 198 refer.
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Resolved CL/2017/298 That the Council Receives the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 27 June 2017. |
20.1 Liability Management Policy review
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Resolved CL/2017/299 That the Council Adopts the amended Liability Management Policy (A1765543). |
20.2 Carry Forwards (Interim) 2016/17
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Resolved CL/2017/300 That the Council Approves continuing work on 2016/17 projects within the 2016/17 approved budgets, noting a final report on carry forwards will come to the Audit, Risk and Finance subcommittee on 8 September 2017. |
20.3 Council Risk Management Policy and Risk Criteria
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Resolved CL/2017/301 That the Council Approves the Risk Management Policy (A1553263) as amended by the Chairperson of the Audit, Risk and Finance Subcommittee and the Risk & Procurement Analyst to include clarification of escalation of continued tolerance (table 3 of the Policy) and the role of governance in the areas of responsibility (clause 6 of the Policy), and adopts the Council Risk Criteria (A1545157). |
20.4 Internal Audit - Annual Audit Plan to 30 June 2018
Acting Chief Executive, David Hammond, advised that the item was withdrawn in accordance with Standing Order 9.9 as the programme was not achievable with current resource and required further consideration.
20.5 Health and Safety Governance Charter review
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Resolved CL/2017/302 That the Council Approves the revised Health and Safety Governance Charter (A1767136). |
21. Commercial Subcommittee - 27 June 2017
Document number M2715, agenda pages 199 - 205 refer.
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Resolved CL/2017/303 That the Council Receives the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 27 June 2017. |
21.1 Forestry Update report - June 2017
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Resolved CL/2017/304 That the Council Confirms that block BROOK-22.02 be harvested if economically feasible. |
21.2 Capital Expenditure Programme 2016-17 - Requests for change
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Resolved CL/2017/305 That the Council Approves, with respect to project 2570 Smart Building Improvements, that $48,000 of current year budget be transferred to 2017-18; and Approves, with respect to project 1198 Civic House capital programme, that $326,000 of current year budget be transferred to 2017-18. |
22. Works and Infrastructure Committee - 29 June 2017
Document number M2727, agenda pages 206 - 210 refer.
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Resolved CL/2017/306 That the Council Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 29 June 2017. |
23. Sports and Recreation Committee - 4 July 2017
Document number M2733, agenda pages 211 - 219 refer.
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Resolved CL/2017/307 That the Council Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 4 July 2017. |
23.1 Reserve Management Plan for Sportsground Reserves - Classification of Land
Senior Strategic Adviser, Nicky McDonald, answered questions relating to the proposed classification for Greenmeadows.
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Resolved CL/2017/308 That the Council Classifies Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) under s16(2A)(g) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act; and Classifies Victory Square (being title NL2D/352) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and Classifies part of Botanics Sportsfield (being title NL127/106) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and
Determines that, under s16(5) of the Reserves Act 1977, public notice seeking feedback on the proposed classifications of Victory Square, Botanics Sportsfield and Greenmeadows is not necessary as the classifications proposed are substantially the same as the purpose for which the reserves were held and administered immediately before the commencement of the Reserves Act 1977; and Delegates the Chair of the Sports and Recreation Committee to approve the survey plan for the proposed classification for Greenmeadows; and Delegates the Chief Executive to take the steps necessary to prepare and place notices in the Gazette in order to classify Botanics Sportsfield (being title NL127/106), Victory Square (being title NL2D/352) and Greenmeadows (being title NL114/188) and to give notice of the resolution to classify Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) to the Commissioner at the Department of Conservation. |
23.2 Network Tasman Easement - Greenmeadows Reserve
Attendance: Councillor Barker declared an interest and did not participate in discussion or voting on this item.
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Resolved CL/2017/309 That the Council Grants the easement in gross, meaning granting the easement to Network Tasman Limited rather than to property, in favour of Network Tasman Limited over the area shown on the plan marked Plan “A” Attachment One (A1776981) of the Greenmeadows Reserve with all legal costs associated with the easement over Greenmeadows Reserve to be met by Nelson City Council as the property owner benefitted by the easement. Confirms the easement be agreed under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation. |
24. Community Services Committee - 13 July 2017
Document number M2753, agenda pages 220 - 225 refer.
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Resolved CL/2017/310 That the Council Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 13 July 2017. |
24.1 Adoption of the Youth Strategy
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Resolved CL/2017/311 That the Council Adopts the Youth Strategy (A1580206). |
25. Planning and Regulatory Committee - 27 July 2017
Document number M2772, agenda pages 226 - 231 refer.
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Resolved CL/2017/312 That the Council Receives the unconfirmed minutes of a meeting of the Planning and Regulatory Committee, held on 27 July 2017. |
25.1 Draft Terms of Reference for the Co-ordination Group for the Waimea Inlet
Group Manager Planning and Regulatory, Clare Barton, answered questions relating to the group membership and voting rights.
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Resolved CL/2017/313 That the Council Agrees to adopt the terms of reference (A1779297) for the Co-ordination Group for the Waimea Inlet with an amendment to add a revision clause; and Appoints Councillor Dahlberg as Nelson City Council’s representative on the Co-ordination Group for the Waimea Inlet. |
25.2 Proposal for Top of the South Conservation Partnership: Memorandum of Understanding
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Resolved CL/2017/314 That the Council Approves that Nelson City Council signs the Memorandum of Understanding (A1777693) between partners in the Kotahitanga mō te Taio Alliance; and that Her Worship the Mayor be delegated the authority to sign on Council’s behalf. |
26. Governance Committee - 27 July 2017
Document number M2775, agenda pages 232 - 236 refer.
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Resolved CL/2017/315 That the Council Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 27 July 2017. |
26.1 Adoption of final Statements of Intent 2017/18: Nelson Regional Development Agency and Bishop Suter Trust
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Resolved CL/2017/316 That the Council Approves the draft Statement of Intent of the Bishop Suter Trust (A1724813) as the Final Statement of Intent for the 2017/18 year; and Approves the draft Statement of Intent of the Nelson Regional Development Agency (A1790437) as the Final Statement of Intent for the 2017/18 year. |
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Resolved CL/2017/317 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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2 |
Extraordinary Council Meeting - Public Excluded Minutes - 14 June 2017 |
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. |
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3 |
Council Meeting - Public Excluded Minutes - 22 June 2017 |
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)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. · 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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4 |
Status Report - Council - Public Excluded - 10 August 2017
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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 · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · 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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5 |
Appointment of Trustee - Tasman Regional Sports Trust (Sports Tasman)
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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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6 |
Appointment of Trustee - Nelson Municipal Band 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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7 |
Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 27 June 2017 |
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). |
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8 |
Commercial Subcommittee Meeting - Public Excluded Minutes - 27 June 2017 |
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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities. · 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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9 |
Community Services Committee Meeting - Public Excluded Minutes - 13 July 2017 |
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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10 |
Governance Committee Meeting - Public Excluded Minutes - 27 July 2017 |
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. |
The meeting went into public excluded session at 11.48am and resumed in public session at 12.12pm.
28. Re-admittance of the Public
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Resolved CL/2017/318 That the Council Re-admits the public to the meeting. |
There being no further business the meeting ended at 12.13pm.
Confirmed as a correct record of proceedings:
