Agenda of Council - 21 September 2017

Jane Hilson from Planscapes (NZ) Ltd, and Iain Sheves from Wakatu Incorporated, will speak about the Special Housing Area applications for 3B and 3C Hill Street.

5. Confirmation of Minutes

5.1 10 August 2017 27 - 46

Document number M2805

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 10 August 2017, as a true and correct record.

5.2 23 August 2017 47 - 55

Document number M2842

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 23 August 2017, as a true and correct record.

5.3 5 September 2017 56 - 60

Document number M2878

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 5 September 2017, as a true and correct record.

5.4 11 September 2017 61 - 64

Document number M2896

Recommendation

That the Council

Confirms the minutes of the meeting of the Council, held on 11 September 2017, as a true and correct record.

6. Status Report - Council - 21 September 2017 65 - 74

Document number R8344

Recommendation

That the Council

Receives the Status Report Council 21 September 2017 (R8344) and its attachment (A1168168).

7. Mayor's Report 75 - 83

Document number R8105

Recommendation

That the Council

Receives the Mayor's Report (R8105) and its attachments (A1830742 and A1830745); and

Amends the Chair and Deputy Chair roles of the Works and Infrastructure Committee on a permanent basis, effective immediately and until further notice , as follows:

Committee	Chair	Deputy Chair
Works and Infrastructure	Stuart Walker	Paul Matheson

Committee

Chair

Deputy Chair

Works and Infrastructure

Stuart Walker

Paul Matheson

8. Proposed Special Housing Areas 84 - 128

Document number R7950

Recommendation

That the Council

Receives the report Proposed Special Housing Areas (R7950) and its attachments (A1823458, A1823527, A1826489, A1826510, A1826472, A1826352, A1823537, A1826536, and A1823510); and

Approves 381 Nayland Road (A1823458) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and

Approves 40 Tasman Street (A1823527) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and

Approves Quail Rise (A1826489) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost:

(i) shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and

(ii) shall provide a traffic safety and capacity assessment of the intersection of Marsden Valley Road and The Ridgeway accommodating projected traffic volumes for the future development of Marsden Valley, and work with Council to identify timing and funding of works required to be identified in the Deed and/or a Private Developers Agreement.

(iii) shall provide plans to Council showing the proposed layout of all future stages of Solitaire Investments Ltd land in Marsden and Ngawhatu Valleys, including showing the lot yield, location of roading, cycling and pedestrian ways and their linkages between the valleys, wastewater network and connections, stormwater devices and reserves network for the approval of the General Manager Infrastructure. The approval of the Group Manager Infrastructure shall be submitted with any application for resource consent under HASHAA.

Approves Atawhai Drive (Bayview Subdivisions Ltd) (A1826510) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and

Approves Tasman Heights (KB Quarries Ltd) (A1826472) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and

1A Hill Street North:

Option 1: Approves 1A Hill Street North (A1826352) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA;

Option 2: Defers approval of 1A Hill Street North (A1826352) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

3B and 3C Hill Street North (Ngati Rarua Street SHA):

Option 1:Approves 3B and 3C Hill Street North (A1823537) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA;

Option 2: Defers approval of 3B and 3C Hill Street North (A1823537) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

23 Wastney Terrace:

Option 1: Approves 23 Wastney Terrace/19 Sunnybank Drive(A1826536) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA;

Option 2: Defers approval of 23 Wastney Terrace (A1826536) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

26 Blick Terrace:

Option 1: Declines to approve 26 Blick Terrace (A1823510) as a potential special housing area as the applicant has not satisfied Council that infrastructure is likely to be provided to support the development.

Option 2: Approves 26 Blick Terrace(A1823510) as a potential Special Housing Area subject to the developer(s) entering into a legal Deed with Council which requires, amongst other matters, that the developer, at its sole cost, shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA;

Option 3: Defers approval of 26 Blick Terrace (A1823510) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

Approves that Her Worship the Mayor recommend those potential areas <……………………………….> to the Minister of Building and Construction for consideration as Special Housing Areas under the Housing Accord and Special Housing Areas Act 2013 as amended by the Housing Legislation Amendment Act 2016.

9. Ghost Light Theatre Funding Request 129 - 153

Document number R8284

Recommendation

That the Council

Receives the report Ghost Light Theatre Funding Request (R8284) and its attachments (A1822421, A1822410, A1822428); and

Approves $16,500 operational funding to assist with the establishment costs of the Ghost Light Theatre, conditional on charitable status being achieved.

10. Upper Trafalgar Street - Summer Closure 154 - 163

Document number R8346

Recommendation

That the Council

Receives the report Upper Trafalgar Street - Summer Closure (R8346) and its attachments (A1826956, A1827678, A1828198, A1826666, A1828129, A1828149, A1828157, A1828146, A1828165) ; and

Approves the temporary closure of the section of Trafalgar Street between Selwyn Place and Hardy Street (Upper Trafalgar Street) in accordance with section 342 and schedule 10, clause 11(d) of the Local Government Act 1974 with the following conditions:

· The trial closure will commence on 1 December 2017 and conclude on 31 March 2018;

· From 9:00am every day to 7:00am on each following day, the street will be closed to all vehicles apart from emergency vehicles and other vehicles specifically authorised by Council’s Network Coordinator;

· Between 7:00am and 9:00am daily only vehicles that are goods service vehicles, emergency vehicles and other vehicles specifically authorised by Council’s Network Coordinator may travel along and stop on Upper Trafalgar Street; and

Confirms that the capital and operational expenditure required for the trial be drawn from the CBD Enhancement Fund and Special Economic Projects Fund, respectively; and

Notes that following the conclusion of the trial, a further report will be brought to Council outlining the results of the trial and options in relation to declaring Upper Trafalgar Street a pedestrian mall.

11. Civic Financial Services - Sale of Building 164 - 171

Document number R8290

Recommendation

That the Council

Receives the report Civic Financial Services - Sale of Building (R8290) and its attachment (A1819686); and

Instructs the proxy to vote in favour of the directors using their best endeavours to achieve a satisfactory price for the sale of Civic Assurance House at the special meeting of shareholders of Civic Financial Services Limited, to be held on 5 October 2017.

12. Administrative Matters Report 172 - 192

Document number R8102

Recommendation

That the Council

Receives the report Administrative Matters Report (R8102) and its attachments (A1820241, A1743623, A1820288, A1820311, and A1819226); and

Confirms the approval of the fixing of the seal in relation to those documents and the warrants of appointment detailed in the Schedule of Documents Sealed (A1819226).

13. Proposed Tasman Nelson Regional Pest Management Plan 193 - 327

Document number R8342

Recommendation

That the Council

Receives the Proposed Tasman Nelson Regional Pest Management Plan (R8342) and its attachment (A1826738); and

Notes that the meeting of the joint Regional Pest Management Committee, held on 29 August 2017, approved the Tasman Nelson Regional Pest Management Plan Proposal for recommendation to Nelson City Council and Tasman District Council to publicly notify for submissions; and

Approves the Tasman Nelson Regional Pest Management Plan Proposal for public notification and request for submissions under Section 70(1(a)) of the Biosecurity Act 1993; and

Authorises the joint Regional Pest Management Committee Chair and Deputy Chair to approve any final amendments arising from this Council meeting prior to its public notification.

Reports From Committees

14. Regional Pest Management Committee - 2 August 2017 328 - 331

Document number R8338

Recommendation

That the Council

Receives the confirmed minutes of a meeting of the Regional Pest Management Committee meeting, held on 2 August 2017 and its attachment.

15. Regional Pest Management Committee - 29 August 2017 332 - 333

Document number R8339

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Regional Pest Management Committee meeting, held on 29 August 2017.

15.1 Proposed Tasman Nelson Regional Pest Management Plan

Recommendation to Council

A separate report regarding this recommendation is Item 13 on the Agenda

16. Saxton Field Committee - Minutes - 30 August 2017 334 - 340

Document number R8396

Recommendation

That the Council

Receives the unconfirmed minutes of the Saxton Field Committee - Minutes - 30 August 2017 .

16.1 Saxton Field Capital Development Projects, Operations and Maintenance Funding Split for Nelson City and Tasman District Councils

Recommendation to Council

That the Nelson City Council

Approve the funding split for Saxton Field Capital Projects and Renewals (excluding any community contribution payable), and Operations and Maintenance accounts, as from 1 July 2018, at 50% from Nelson City and 50% from Tasman District, subject to both Nelson City and Tasman District Councils passing this resolution.

16.2 Proposed Saxton Field Capital Works Programme for Consultation Through Long Term Plans 2018-2028

Recommendation to Council

A separate report regarding this recommendation will be a late item for of this Agenda.

16.3 Saxton Velodrome Funding

Recommendation to Council

That the Nelson City Council

Approves an increase in Nelson City Council’s contribution for the Saxton Velodrome project of $52,000 (up to a maximum of $879,000); and

Notes that Tasman District Council has increased its contribution to $755,540.

17. Commercial Subcommittee - 18 August 2017 341 - 347

Document number M2823

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 18 August 2017.

.1 Forestry Advisory Group - Revised Terms of Reference

Recommendation to Council

That the Council

Approves the revised Terms of Reference for the Forestry Advisory Group (Attachment Two, A1739267), noting that the revised Terms of Reference differ from the Council resolution passed on 8 September 2016, which adopted the recommendations of the Forestry Review, in the following manner – The revised Terms of Reference include :

· Delegated powers of the Forestry Advisory Group to recommend to the Commercial Subcommittee (rather than decide) the approval of budgets, and any other matters relating to commercial forestry operations; and

· Officers having an advisory role only.

Amends the Delegations Register to include the Forestry Advisory Group as set out in Attachment Three (A1799321).

17.2 Haven Precinct Redevelopment - 2017/18 Work Programme

Recommendation to Council

That the Council

Approves the refined ‘Visions and Goals’ for the Haven Precinct;

Visions:

· Continuous and Quality Linkages with the Haven Precinct.

· Reasons to visit, spend time, encourages spaces linked to the coastal environment as a whole.

· Port and Marine underpinning the character of the Precincts Seafaring focus.

· Safe, engaging and attractive.

Goals:

· Public Realm within waterfront space.

· Realistic asset retention, reuse and divestment.

· Reasons to visit, spend time, encourages spaces linked to the coastal environment as a whole.

· Development type – mix of public and private commercial opportunities.

· Increased economic and social activity in the area.

Approves the expenditure of part of the $50,000 operational budget to produce a Haven Concept - Opportunity Proposal to invited interested parties to discuss options around the Haven Precinct Development area.

18. Sports and Recreation Committee - 22 August 2017 348 - 353

Document number M2832

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Sports and Recreation Committee, held on 22 August 2017.

18.1 Saxton Creek Easements - Network Tasman Limited and 187 Champion Road & 205 Champion Road

Recommendation to Council

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 “B”, “C”, “D” and “F” (Attachment One, A1798973) of Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

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 in red (Attachment Two, A1798985) of Esplanade Reserve within Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

Grants the easement to 187 Champion Road and 205 Champion Road over the area shown on the plan marked “A” (Attachment Three, A1798991) of land to be acquired by Nelson City Council as Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; 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.

19. Joint Shareholders Committee - 22 August 2017 354 - 359

Document number M2837

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Joint Shareholders Committee, held on 22 August 2017.

20. Works and Infrastructure Committee - 24 August 2017 360 - 364

Document number M2844

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Works and Infrastructure Committee, held on 24 August 2017.

20.1 Draft Utilities Asset Management Plans 2018-28 (Water Supply, Wastewater, Stormwater and Flood Protection)

Recommendation to Council

That the Council

Approves the Draft Utilities Asset Management Plans 2018-28 (Water Supply (A1620958), Wastewater (A1611752), Stormwater and Flood Protection (A1711433)) as the versions to inform the Long Term Plan 2018-28.

21. Community Services Committee - 31 August 2017 365 - 371

Document number M2861

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 31 August 2017.

21.1 Draft Community Partnerships Activity Management Plan 2018-28

Recommendation to Council

That the Council

Approves the Draft Community Partnerships Activity Management Plan 2018-28 (A1766398) as the version to inform the Long Term Plan 2018-28.

21.2 Draft Property and Facilities Asset Management Plan 2018-28

Recommendation to Council

That the Council

Approves the Draft Property and Facilities Asset Management Plan 2018-28 (A1654726), as the version to inform the Long Term Plan 2018-28.

22. Hearings Panel - Other - 6 September 2017 372 - 376

Document number M2883

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Hearings Panel - Other, held on 6 September 2017.

23. Governance Committee - 7 September 2017 377 - 383

Document number M2887

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 7 September 2017.

23.1 Uniquely Nelson Memorandum of Understanding 2017/18

Recommendation to Council

That the Council

Approves the Uniquely Nelson Memorandum of Understanding 2017-18 (A1818573).

23.2 Significance and Engagement Policy

Recommendation to Council

That the Council

Adopts the amended Significance and Engagement Policy (A1766622); and

Approves the summary of the Significance and Engagement Policy (A1810631)

24. Audit, Risk and Finance Subcommittee - 8 September 2017 384 - 392

Document number M2894

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Audit, Risk and Finance Subcommittee, held on 8 September 2017.

24.1 Intermal Audit – Summary of New or Outstanding Significant Risk Exposures and Control Issues 30 June 2017

Recommendation to Council

Recommendation to Council AUD/2017/041

That the Council

Requests that the Acting Chief Executive reviews Committee and Officer Delegations to ensure project delays are avoided as identified in the report Internal Audit - Summary of New or Outstanding Significant Risk Exposures and Control Issues 30 June 2017 (R8239).

24.2 Health Safety and Wellbeing; Quarterly Report

Recommendation to Council

That the Council

Notes the report Health Safety and Wellbeing; Quarterly Report (R8220) and its attachment (A1775723); and

Acknowledges the assessment of critical health and safety risks contained in the attachment (A1775723).

24.3 Carry Forwards 2016/17

Recommendation to Council

That the Council

Approves the carry forward of $6,298,000 unspent capital budget for use in 2017/18; and

Approves the offsetting of $268,021 of capital spent in 2016/17 against 2017/18 budgets; and

Approves the carry forward of $1,812,113 of unspent operating budget for use in 2017/18; and

Notes savings in 2016/17 capital expenditure of $2,187,000.

24.3 Draft Annual Report 2016/17

Recommendation to Council

That the Council

Notes the draft Annual Report 2016/17 has been prepared and will be audited before being presented to Council for adoption; and

Notes that if there are material changes to the draft resulting from the audit, these will be brought back to the Audit Risk and Finance Subcommittee on 28 September 2017; and

Notes that, if there are no material changes to the draft resulting from the audit, due to timing constraints, the final Annual Report 2016/17 will be presented directly to Council for adoption, rather than via the Audit, Risk and Finance Subcommittee.

25. Chief Executive Employment Committee - 8 September 2017 393 - 398

Document number M2898

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Chief Executive Employment Committee, held on 8 September 2017.

26. Civil Defence Emergency Management Group - 1 August 2017 399 - 404

Document number M2785

Recommendation

That the Council

Receives the unconfirmed minutes of a meeting of the Civil Defence Emergency Management Group, held on 1 August 2017.

Public Excluded Business

27. Exclusion of the Public

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:

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	Council Meeting - Public Excluded Minutes - 10 August 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).
2	Council Meeting - Public Excluded Minutes - 11 September 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)(c)(i) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied. · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
3	Status Report - Council - Public Excluded - 21 September 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)
4	Nelson Farmers Market - lease options	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
5	Strategic Property Acquisition - Stoke	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
6	Saxton Field Committee - Public Excluded - Minutes - 30 August 2017 These minutes contain no recommendations to Council regarding: · Community Lease – Change to Lease Term – Target Shooting Nelson	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)
7	Commercial Subcommittee Meeting - Public Excluded Minutes - 18 August 2017 These minutes contain no recommendations to Council.	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).
8	Sports and Recreation Committee Meeting - Public Excluded Minutes - 22 August 2017 These minutes contain recommendations to Council regarding: · Campgrounds – Advice from Commercial Subcommittee	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).
9	Joint Shareholders Committee Meeting - Public Excluded Minutes - 22 August 2017 These minutes contain no recommendations to Council	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). · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person. · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
10	Works and Infrastructure Committee Meeting - Public Excluded Minutes - 24 August 2017 These minutes contain recommendations to Council regarding: · Road Stopping - Lud Valley	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). · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.
11	Community Services Committee Meeting - Public Excluded Minutes - 31 August 2017 These minutes contain recommendations to Council regarding: · Greenmeadows Centre: User Agreements · Greenmeadows Centre: Kitchen alterations and emergency poser provision	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).
12	Governance Committee Meeting - Public Excluded Minutes - 7 September 2017 These minutes contain recommendations to Council regarding: · Bishop Suter Trust – Appointment of Trustee · Nelmac Limited Director Reapppointments	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).
13	Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 8 September 2017 These minutes contain no recommendations to Council	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.
14	Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 8 September 2017 These minutes contain no recommendations to Council	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.

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Public Excluded Minutes - 10 August 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).

Council Meeting - Public Excluded Minutes - 11 September 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)(c)(i)

To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

· Section 7(2)(i)

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

Status Report - Council - Public Excluded - 21 September 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)

Nelson Farmers Market - lease options

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

Strategic Property Acquisition - Stoke

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

Saxton Field Committee - Public Excluded - Minutes - 30 August 2017

These minutes contain no recommendations to Council regarding:

· Community Lease – Change to Lease Term – Target Shooting Nelson

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)

Commercial Subcommittee Meeting - Public Excluded Minutes - 18 August 2017

These minutes contain no recommendations to Council.

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).

Sports and Recreation Committee Meeting - Public Excluded Minutes - 22 August 2017

These minutes contain recommendations to Council regarding:

· Campgrounds – Advice from Commercial Subcommittee

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).

Joint Shareholders Committee Meeting - Public Excluded Minutes - 22 August 2017

These minutes contain no recommendations to Council

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).

· Section 7(2)(a)

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

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

Works and Infrastructure Committee Meeting - Public Excluded Minutes - 24 August 2017

These minutes contain recommendations to Council regarding:

· Road Stopping - Lud Valley

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).

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

Community Services Committee Meeting - Public Excluded Minutes - 31 August 2017

These minutes contain recommendations to Council regarding:

· Greenmeadows Centre: User Agreements

· Greenmeadows Centre: Kitchen alterations and emergency poser provision

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).

Governance Committee Meeting - Public Excluded Minutes - 7 September 2017

These minutes contain recommendations to Council regarding:

· Bishop Suter Trust – Appointment of Trustee

· Nelmac Limited Director Reapppointments

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).

Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 8 September 2017

These minutes contain no recommendations to Council

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.

Audit, Risk and Finance Subcommittee Meeting - Public Excluded Minutes - 8 September 2017

These minutes contain no recommendations to Council

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.

28. Re-admittance of the public

Recommendation

That the Council

Re-admits the public to the meeting.

Note:

· This meeting is expected to continue beyond lunchtime. (delete as appropriate)

· Lunch will be provided. (delete as appropriate)

· Youth Councillors Emily Rais and Linda Ly will be in attendance at this meeting. (delete as appropriate)

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.

1. Apologies

Resolved CL/2017/281

That the Council

Receives and accepts the apology from Councillor Fulton for lateness.

Walker/Courtney Carried

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.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 14 June 2017 - Extraordinary Meeting

Document number M2677, agenda pages 18 - 21 refer.

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.

Barker/Courtney Carried

5.2 22 June 2017

Document number M2698, agenda pages 22 - 50 refer.

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.

McGurk/Dahlberg Carried

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.

Resolved CL/2017/284

That the Council

Receives the Status Report Council 10 August 2017 (R8135) and its attachment (A1168168).

Her Worship the Mayor/Barker Carried

7. Mayor's Report

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.

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.

Her Worship the Mayor/Rutledge Carried

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.

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.

Barker/Rutledge Carried

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.

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.

McGurk/Courtney Carried

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.

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.

Her Worship the Mayor/Noonan Carried

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.

The amendment was put and a division was called:

For

Mayor Reese (Chairperson)

Cr Acland

Cr Fulton

Cr Lawrey

Cr McGurk

Cr Walker

Against

Cr Barker

Cr Courtney

Cr Dahlberg

Cr Matheson

Cr Noonan

Cr Rutledge

Cr Skinner

Abstained/Interest

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.

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...”.

Dahlberg/Courtney Carried

12. Notice of Motion - Tahunanui Cycle Network

Document number R8062, agenda pages 150 - 152 refer.

Resolved CL/2017/290

That the Council

Receives the report Notice of Motion - Tahunanui Cycle Network (R8062).

Walker/Noonan Carried

Councillor Walker advised he did not wish to proceed with the Notice of Motion and the motion lapsed.

13. Tahunanui Cycle Network

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.

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.

Noonan/Walker Carried

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.

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).

Noonan/Dahlberg Carried

Reports From Committees

15. Regional Pest Management Joint Committee - 26 April 2017

Document number R8191, agenda pages 174 - 176 refer.

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.

McGurk/Fulton Carried

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.

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.

Walker/Barker Carried

17. Nelson Regional Sewerage Business Unit - 10 March 2017

Document number M2405, agenda pages 181 - 184 refer.

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.

Walker/Skinner Carried

18. Regional Transport Committee - 19 June 2017

Document number M2693, agenda pages 185 - 186 refer.

Resolved CL/2017/296

That the Council

Receives the unconfirmed minutes of a meeting of the Regional Transport Committee, held on 19 June 2017.

Matheson/Rutledge Carried

19. Hearings Panel - Other - 20 June 2017

Document number M2700, agenda pages 187 - 188 refer.

Resolved CL/2017/297

That the Council

Receives the unconfirmed minutes of a meeting of the Hearings Panel - Other, held on 20 June 2017.

Noonan/McGurk Carried

20. Audit, Risk and Finance Subcommittee - 27 June 2017

Document number M2711, agenda pages 189 - 198 refer.

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.

Dahlberg/Her Worship the Mayor Carried

20.1 Liability Management Policy review

Resolved CL/2017/299

That the Council

Adopts the amended Liability Management Policy (A1765543).

Dahlberg/McGurk Carried

20.2 Carry Forwards (Interim) 2016/17

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.

Barker/Dahlberg Carried

20.3 Council Risk Management Policy and Risk Criteria

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).

Barker/Dahlberg Carried

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

Resolved CL/2017/302

That the Council

Approves the revised Health and Safety Governance Charter (A1767136).

Matheson/Her Worship the Mayor Carried

21. Commercial Subcommittee - 27 June 2017

Document number M2715, agenda pages 199 - 205 refer.

Resolved CL/2017/303

That the Council

Receives the unconfirmed minutes of a meeting of the Commercial Subcommittee, held on 27 June 2017.

Courtney/Acland Carried

21.1 Forestry Update report - June 2017

Resolved CL/2017/304

That the Council

Confirms that block BROOK-22.02 be harvested if economically feasible.

Courtney/Acland Carried

21.2 Capital Expenditure Programme 2016-17 - Requests for change

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.

Barker/Noonan Carried

22. Works and Infrastructure Committee - 29 June 2017

Document number M2727, agenda pages 206 - 210 refer.

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.

Walker/Skinner Carried

23. Sports and Recreation Committee - 4 July 2017

Document number M2733, agenda pages 211 - 219 refer.

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.

Skinner/Rutledge Carried

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.

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.

Skinner/Rutledge Carried

23.2 Network Tasman Easement - Greenmeadows Reserve

Attendance: Councillor Barker declared an interest and did not participate in discussion or voting on this item.

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.

Skinner/Rutledge Carried

24. Community Services Committee - 13 July 2017

Document number M2753, agenda pages 220 - 225 refer.

Resolved CL/2017/310

That the Council

Receives the unconfirmed minutes of a meeting of the Community Services Committee, held on 13 July 2017.

Noonan/Courtney Carried

24.1 Adoption of the Youth Strategy

Resolved CL/2017/311

That the Council

Adopts the Youth Strategy (A1580206).

Noonan/Courtney Carried

25. Planning and Regulatory Committee - 27 July 2017

Document number M2772, agenda pages 226 - 231 refer.

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.

Her Worship the Mayor/McGurk Carried

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.

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.

Her Worship the Mayor/McGurk Carried

25.2 Proposal for Top of the South Conservation Partnership: Memorandum of Understanding

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.

Her Worship the Mayor/McGurk Carried

26. Governance Committee - 27 July 2017

Document number M2775, agenda pages 232 - 236 refer.

Resolved CL/2017/315

That the Council

Receives the unconfirmed minutes of a meeting of the Governance Committee, held on 27 July 2017.

Barker/Walker Carried

26.1 Adoption of final Statements of Intent 2017/18: Nelson Regional Development Agency and Bishop Suter Trust

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.

Barker/Dahlberg Carried

27. Exclusion of the Public

Resolved CL/2017/317

That the Council

Excludes the public from the following parts of the proceedings of this meeting.

Her Worship the Mayor/Barker 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)
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.
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).
4	Status Report - Council - Public Excluded - 10 August 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)
5	Appointment of Trustee - Tasman Regional Sports Trust (Sports Tasman)	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
6	Appointment of Trustee - Nelson Municipal Band 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
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).
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).
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.
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

Resolved CL/2017/318

That the Council

Re-admits the public to the meeting.

Dahlberg/Her Worship the Mayor Carried

There being no further business the meeting ended at 12.13pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Nelson City Council

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

On Wednesday 23 August 2017, commencing at 9.05am

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 Strategy and Environment (C Barton), Manager Communications (P Shattock), Manager Administration (P Langley), Communications Adviser (N Tuck), Governance Adviser (E-J Ruthven), External legal adviser (K Anderson), and External consultant (J Julian)

Opening Prayer

Councillor Noonan gave the opening prayer.

1. Apologies

There were no apologies.

Councillor Lawrey noted that he would need to leave the meeting at 11.45am.

2. Confirmation of Order of Business

Her Worship the Mayor advised of one late item for the public part of the meeting, and that the following resolution needed to be passed for the item to be considered:

2.1 Confirmation of Minutes - 22 June 2017

Resolved CL/2017/329

That the Council

Considers the item regarding Confirmation of Minutes – 21 June 2017 at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable the confirmation of minutes in accordance with good practice.

Her Worship the Mayor/Dahlberg Carried

Attachments

1 A1831267 - late item - 23 August 2017

3. Interests

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

4. Deliberations on the Proposed City Amenity Bylaw

Document number R8115, agenda pages 4 - 92 refer.

An amended copy of the officer recommendation was tabled (A1825480).

Her Worship the Mayor, seconded by Councillor Rutledge, moved the recommendation in the tabled document:

That the Council:

Receives the report Deliberations on the Proposed City Amenity Bylaw (R8281) and its attachment/s (A1815990, A1816387, A1815313, A1815615, A1816019, A1770725); and

Directs the Chief Executive to prepare an enforcement policy which will include: where a person is homeless and sleeping in the City Centres rather than sleeping as a form of protest, Council officers will work with social agencies to try and find solutions for those persons; and

Agrees that until the enforcement policy is adopted this resolution is Council’s adopted approach to homeless people sleeping in the City Centres rather than sleeping as a form of protest; and

Confirms the amendments to the Bylaw shown in Attachment 1; and

Agrees the amendments are consistent with the New Zealand Bill of Rights Act 1990 and the amended Bylaw is the most appropriate form of Bylaw; and

Adopts the City Amenity Bylaw as amended and appended to this report as Attachment 1; and

Determines the date that the bylaw will commence as being 11 September 2017.

Group Manager Strategy and Environment, Clare Barton, presented the report and explained the proposed alterations to the draft City Amenity Bylaw.

Ms Barton tabled two further items of correspondence received in relation to this matter (A1818948 and A1819100), and answered questions regarding the proposed changes to the officer recommendation.

In response to questions, Acting Chief Executive David Hammond, explained actions Council had taken to understand the extent of homelessness in Nelson, and proposed engagement and cooperation with social agencies to address this issue.

External consultant, Jane Julian, answered further questions regarding the proposed changes to the draft Bylaw as a result of submissions received by Council, and answered questions.

During discussion, several questions regarding legal advice were raised, and Her Worship the Mayor advised the meeting would move into public excluded session in order for these questions to be answered.

Attachments

1 A1825480 - amended officer recommendation

2 A1818948 - correspondence - Arthur Miller

3 A1819100 - correspondence - Hair in the City

5. Exclusion of the Public

It was noted that external legal adviser, Kerry Anderson, and external consultant, Jane Julian, would be in attendance for the Public Excluded part of the meeting to answer questions and, accordingly, the following resolution was required to be passed:

Resolved CL/2017/330

That the Committee

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Kerry Anderson and Jane Julian remain after the public has been excluded, as they have knowledge that will assist the Council; and

Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that Kerry Anderson and Jane Julian possess relates to legal advice in relation to the proposed City Amenity Bylaw.

Barker/Rutledge Carried

Resolved CL/2017/331

That the Council

Excludes the public from the following parts of the proceedings of this meeting.

Barker/Rutledge 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)

Deliberations on the Proposed City Amenity Bylaw

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(g) To maintain legal professional privilege

The meeting went into public excluded session at 10.19am and resumed in public session at 11.08am.

Please note that, as no decisions were made in public excluded, the record of the public excluded part of the meeting has been included in the public minutes.

6. Deliberations on the Proposed City Amenity Bylaw (Public Excluded session)

Attendance: The meeting adjourned from 10..20am to 10.25am, during which time Councillor Lawrey left the meeting.

External legal adviser, Kerry Anderson, answered questions regarding the proposed amendments to the draft City Amenity Bylaw, including its consistency with the New Zealand Bill of Rights Act and its interaction with other bylaws.

Attendance: Councillor Lawrey returned to the meeting at 10.31am.

There was a discussion regarding the wording of clause 13.1. Ms Anderson answered questions regarding proposed alternative wording.

Attendance: Councillor Lawrey left the meeting from 10.51am to 10.52am.

Ms Anderson answered further questions regarding the wording of proposed amendments to further clauses in the draft Bylaw.

7. Re-admittance of the Public

Resolved CL/2017/332

That the Council

Re-admits the public to the meeting.

Her Worship the Mayor/Noonan Carried

8. Deliberations on the Proposed City Amenity Bylaw (continued)

Ms Barton summarised the amendments to the draft bylaw that councillors had requested be considered:

· The definition of ‘sleeping’ and its relationship with the wording of clause 13.1

· The wording of clause 10.2.2 with regards to the distance from the front of shop windows that items could be placed

· A timeline for notification to the applicant of permits applied for under clause 11.3

· The definitions of footpath and road and whether reference to street furniture was required

· Inclusion of a definition of ‘hours of darkness’

· Inclusion of a definition of ‘not for profit’

· The addition of explanatory notes regarding the enforcement policy being included in the officer recommendation

· Copies of extracts from the bylaws of Napier City, Porirua City and Hamilton City Councils with regards to sleeping in the city centre.

Attendance: The meeting adjourned from 11.15am to 12.03pm, during which time Councillor Lawrey left the meeting.

9. Confirmation of Minutes - 21 June 2017

Document number R8280, late items agenda pages 2 - 13 refer.

Resolved CL/2017/333

That the Council

Confirms the minutes of the meeting of the Council, held on 21 June 2017, as a true and correct record.

Noonan/Walker Carried

10. Deliberations on the Proposed City Amenity Bylaw (continued)

Group Manager Strategy and Environment, Clare Barton, tabled a further recommendation incorporating a number of changes as a result of councillors’ deliberations (A1819059), and explained the proposed changes. She also tabled extracts from the relevant bylaws of Napier City, Porirua City and Hamilton City Councils (A1829090).

With the agreement of the meeting, the mover and seconder of the original motion agreed that the wording of the updated recommendation should replace the wording of the original motion.

Councillors discussed the reasons for passing the bylaw and acknowledged the reasons as set out in the officer report.

Councillors discussed the motion, and a division was called:

For

Her Worship the Mayor

Cr Acland

Cr Barker

Cr Courtney

Cr Dahlberg

Cr Matheson

Cr McGurk

Cr Noonan

Cr Rutledge

Cr Skinner

Cr Walker

Against

Cr Fulton

Apology

Cr Lawrey

The motion was carried 11 - 1.

Resolved CL/2017/334

That the Council:

Receives the report Deliberations on the Proposed City Amenity Bylaw (R8115) and its attachments (A1815990, A1816387, A1815313, A1815615, A1816019, A1770725); and

Agrees that until the enforcement policy is adopted, this resolution is Council’s adopted approach to homeless people sleeping in the City Centres rather than sleeping as a form of protest; and

Confirms the amendments to the Bylaw shown in Attachment 1, subject to the following changes:

· delete clause 13.2; and

· replace clause 10.2.2 with “place items on the footpath within 600mm of the frontage of retail or commercial premises in the city centres”; and

· delete “sleep” definition; and

· amend clause 13.1 to read “No person shall sleep or otherwise occupy a footpath or road in the city centres, unless permitted to do so by an authorised officer, during the hours of darkness (being a period of time between half an hour after sunset in one day and half an hour before sunrise in the next day) for a period of two or more continuous hours.”; and

· add to the definitions of “footpath” and “road” the following:

o “and includes any structure fixed to the footpath”; and

o “and includes any structure fixed to the road”; and

· amend Part Four title to read “Events and sleeping; and

· add an explanatory note to clause 13.1 – “Any future enforcement policy will include a provision that, where a person is homeless and sleeping in the city centres rather than sleeping as a form of protest, Council officers will work with social agencies to try to find solutions for those persons as a first response.”

Agrees the amendments are consistent with the New Zealand Bill of Rights Act 1990 and the amended Bylaw is the most appropriate form of Bylaw; and

Adopts the reasons set out in the deliberations report in paragraphs 7.4 to 7.8, subject to the amendments to Attachment 1 identified in these resolutions.

Adopts the City Amenity Bylaw as amended and appended to this report as Attachment 1, subject to the following changes:

· delete clause 13.2; and

· replace clause 10.2.2 with “place items on the footpath within 600mm of the frontage of retail or commercial premises in the city centres”; and

· delete “sleep” definition; and

· add to the definitions of “footpath” and “road” the following:

o “and includes any structure fixed to the footpath”; and

o “and includes any structure fixed to the road”; and

· amend Part Four title to read “Events and sleeping”; and

Determines the date that the bylaw will commence as being 11 September 2017.

Her Worship the Mayor/Rutledge Carried

Attachments

1 A1819059 - amended recommendation following deliberations

2 A1829090 - extracts from Napier City, Porirua City and Hamilton City bylaws

There being no further business the meeting ended at 12.45pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Council

21 September 2017

REPORT R8105

Mayor's Report

1. Purpose of Report

1.1 To update Council on a number of matters.

2. Recommendation

That the Council

Receives the Mayor's Report (R8105) and its attachments (A1830742 and A1830745); and

Amends the Chair and Deputy Chair roles of the Works and Infrastructure Committee on a permanent basis, effective immediately and until further notice , as follows:

Committee	Chair	Deputy Chair
Works and Infrastructure	Stuart Walker	Paul Matheson

3. Discussion

Mayor’s Discretionary Fund

3.1 The Mayor donated $500 from the Mayoral Discretionary Fund to Synergy Dance Crew. This dance crew is a team of seven girls from the Nelson and Tasman region, aged 12-16, who dance hip hop. The crew were placed 3rd in their division at the New Zealand competition in June and were selected to represent New Zealand at the Hip Hop Unite World Championships being held in Amsterdam from 19-22 October this year. Over 3000 athletes representing 20 countries will be competing at this event. The contribution will be put towards the cost of the trip which is $5,000 per dancer.

Project Maitai: York Stream Te Wairepo Project

3.2 The York Stream Te Wairepo project, is a sub project of Project Maitai, and focuses on engaging the community with the care of York Stream. One of the highlights of the project this year was the creation of the Breathe Project, which ultimately took out first place in the Illuminate Festival. The Mayor’s Discretionary Fund supported Illuminate.

3.3 Collaborator and artist Vicki Smith worked with 40 students from four local schools, and also with Cawthron Scientist Roger Young and Council Infrastructure staff. Students decorated acrylic fish, with each fish related to water temperature monitors installed in different sections of York Stream. The monitors sent data to the server connected to a micro controller on the fish which changed colour depending on water temperature. The beautiful work that resulted, was displayed in Nelson Museum, and can now be transported for display in other locations.

3.4 This is a creative and engaging example of Council collaborating with the community, to present science based information in original ways to create a greater understanding of our freshwater ecosystems in our urban environment.

Top of the South – Te Tau Ihu Regional Growth Programme

3.5 The Regional Growth Programme aims to increase investment, jobs and incomes in selected regions around New Zealand, helping to leverage the potential of each region by identifying growth opportunities. The programme has been commissioned jointly by the Ministry of Business, Innovation and Employment (MBIE) and the Ministry for Primary Industries (MPI) who work with key partners and stakeholders in each region – businesses, iwi and Māori, and councils.

3.6 The Nelson Regional Development Agency (NRDA) saw a key opportunity to deliver better economic outcomes for the region through a possible Top of the South Programme. Through discussions, it became clear that a Programme that covered the whole of Te Tau Ihu would have the best outcomes for those involved – the three councils, eight iwi, MBIE, and MPI. There is significant interdependence in the regional economies across the area, in activities including: food and beverages; viticulture; aquaculture; forestry, international education and tourism.

3.7 As a result the Mayors of Nelson City, Marlborough District and Tasman District Councils jointly, with the Chair of the NRDA, wrote to the Minister for Economic Development requesting government consideration of a Te Tau Ihu Regional Growth Programme. Attachment 1 is the letter to the Minister.

3.8 Minister Bridges wrote back on 4 September 2017 to invite the three councils to partner with the Government as part of the Regional Growth Programme (Attachment 2). Typical steps are as follows: firstly, the region initially identifies its key economic opportunities. Next, an economic action plan is developed by regional leaders. These action plans are economic blueprints for the region and identify specific activities that will help increase employment opportunities, household income and investment. Central government agencies then support the region to develop their plans and implement them.

3.9 Through the regional identity project, the NRDA has already a good understanding of opportunities and the likely components of the action plan. It is hoped that this will allow us to move quickly to the implementation phase.

3.10 Mayors and the Chair of NRDA will meet in early October to initiate the Programme. Officers will work with the NRDA and partner councils to discuss the Programme and next steps. A report will presented to Council in the future to develop the opportunity for our city.

Remuneration for additional Chair

3.11 On 8 June 2017, Council resolved that to amend the Chair and Deputy Chair roles of the Works and Infrastructure Committee on a temporary basis, to appoint Councillor Walker as Committee Chair (temporary) and Councillor Matheson as Deputy Chair (temporary), until further notice.

3.12 The Mayor’s report of 10 August 2017 noted that the Mayor and Deputy Mayor have complete confidence in Councillor Walker to be confirmed as the Works and Infrastructure Committee Chair on a permanent basis. A recommendation giving effect to this appointment, and the appointment of Councillor Matheson as Deputy Chair of the Committee, is included in this report.

3.13 Should Council resolve to make these appointments permanent, the total number of Committee Chair positions will increase from four to five, and the number of Deputy Chair positions will reduce from four to three. This means Council will need to resolve an amended remuneration structure to recommend to the Remuneration Authority for an amended Determination.

3.14 Officers are in discussion with the Remuneration Authority to establish whether the pool provided under the previous determination is still available to Council. Once this has been clarified by the Remuneration Authority, a report will come to Council outlining options for an amended remuneration structure which can then be submitted to the Remuneration Authority for an amended determination.

3.15 It should be noted that the Remuneration Authority considers amended remuneration arrangements to take effect from the date of the amended Determination. Officers have signalled the urgency of this matter to the Remuneration Authority.

Remuneration Authority Consultation on Determination

3.16 Chair of the Remuneration Authority, Dame Fran Wilde DCNZ QSO, has advised that the deadline for feedback on the Consultation Document has been extended to Friday 15th December 2017. The Authority is arranging with Local Government New Zealand for webinars on proposed changes to the Determination to be run in October. Councillors will be advised once dates and times are notified for these sessions.

Committee Restructure, City Vision and Governance Review

3.17 Work commenced on a review of our Committee structure. The objective is to achieve governance excellence and delivery of our vision and priorities. Acting Chief Executive David Hammond is undertaking a review of our current structure and will provide me with some initial advice to inform a discussion with elected members. This is a complex exercise as delegations need to reviewed at the same time. An update will be provided at our next Council meeting.

3.18 Development of our City Vision is progressing well, including through the discussions at the 20 September Council workshop. Senior Strategic Adviser, Nicky McDonald, is leading this work supported by Cr Rutledge and Vincent Heeringa of Anthem Consulting. Further engagement with elected members will occur in the last quarter of this calendar year to enable inclusion of the new vision in the Long Term Plan 2018-28.

3.19 As part of good governance practice it is important that all elected members undertake a performance and skills review. This is also relevant to the review of committee structure. I will be arranging for an appropriate review process, possibly the IOD BetterBoards programme, and will update Councillors in the next few weeks on what is required of them. Evaluation will be useful in informing elected member training.

Rachel Reese

Mayor of Nelson

Attachments

Attachment 1: A1820742 Mayor's letter to Minister Simon Bridges Te Tau Ihu Regional Growth Programme ⇩

Attachment 2: A1830745 Letter to Mayor from Hon Simon Bridges re Top of the South-Te Tau Ihu ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The decisions in this report assist Council to provide its infrastructure and public services, and perform its regulatory functions, in as efficient and effective a manner as possible.

2. Consistency with Community Outcomes and Council Policy

The decisions in this report assist Council to achieve its community outcomes and policy goals, by providing clear direction regarding how the decision and activities of Council are implemented and managed.

3. Risk

The decisions of this report are of low risk, and assist in ensuring that Council’s meeting chairmanship and decisions are implemented in a clear and consistent manner.

4. Financial impact

The direct budgetary consequences related to the decisions in this report are minor, and subject to a further decision of Council and subsequent Remuneration Authority Determination. Officers are working with the Remuneration Authority on this and will provide a further report to Council.

5. Degree of significance and level of engagement

These matters are of low significance. They relate to the adoption of a procedural governance document, and a change in committee structure, that support implementation of the activities and decisions of Council. Therefore, no public engagement is required.

6. Inclusion of Māori in the decision making process

There is no requirement to include Māori in this decision-making process.

7. Delegations

The decisions in this report are the responsibility of full Council.

Council

21 September 2017

REPORT R7950

Proposed Special Housing Areas

1. Purpose of Report

1.1 To consider proposed new Special Housing Areas (SHAs).

1.2 To agree that Her Worship the Mayor recommend to the Minister of Building and Construction, SHAs approved as suitable by Council for consideration under the Housing Accord and Special Housing Areas Act 2013 (HASHAA) as amended by the Housing Legislation Amendment Act 2016.

2. Summary

2.1 This report seeks consideration of SHAs at:

· 381 Nayland Road

· 40 Tasman Street

· Quail Rise, Marsden Valley

· Atawhai Drive (Bayview Subdivisions Ltd)

· Tasman Heights (KB Quarries Ltd)

· 1A Hill Street North

· 3B and 3C Hill Street North

· 23 Wastney Terrace

· 26 Blick Terrace

2.2 The SHA requests at 1A Hill Street North, 3B and 3C Hill Street North, 23 Wastney Terrace and 26 Blick Terrace all include land that is either Rural Small Holdings or Rural Zoned. The Housing Accord states a preference for SHAs to be established within existing urban zones. Council needs to consider whether to defer decisions on those SHAs until after a public feedback process has been undertaken to seek the views of those potentially affected by the proposals.

2.3 This report provides an analysis of the advantages, disadvantages and risks of all proposed SHAs to be considered, along with identification of the permitted baseline (i.e. what could currently be allowed through the Nelson Resource Management Plan) for each site. This information is provided to aid Council’s consideration of the SHAs. Developers will present concepts for the proposed SHAs at the public forum where these are available.

3. Recommendation

That the Council

Receives the report Proposed Special Housing Areas (R7950) and its attachments (A1823458, A1823527, A1826489, A1826510, A1826472, A1826352, A1823537, A1826536, and A1823510) ; and

(i) shall design, obtain all necessary consents for, and construct any additional infrastructure, or upgrades to the Council’s infrastructure, required to support the development of the SHA; and

1A Hill Street North:

Option 2: Defers approval of 1A Hill Street North (A1826352) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

3B and 3C Hill Street North (Ngati Rarua Street SHA):

23 Wastney Terrace:

Option 2: Defers approval of 23 Wastney Terrace (A1826536) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

26 Blick Terrace:

Option 3: Defers approval of 26 Blick Terrace (A1823510) subject to a public feedback process to ascertain the views of the community on the proposed SHA with the results reported back to Council.

4. Background

4.1 Council entered into a Housing Accord with the Minister of Building and Housing on 11 June 2015 under HASHAA. The Accord has been extended three times and now terminates on 16 September 2021.

4.2 In order to meet its obligations under the Housing Accord, especially in relation to targets, Council can consider using Special Housing Areas as a tool under HASHAA. Under the Accord Council can recommend the creation of Special Housing Areas to the Minister of Building and Construction.

4.3 To date Council has recommended 28 SHAs to the Minister with a total yield of 1176 residential units.

4.4 As long as Council is an Accord Authority then proposals for new SHAs can be considered and the processing of existing or future resource consents under HASHAA can occur.

4.5 The purpose of this report is to consider new SHA requests under the current Accord received by Council over the last quarter.

4.6 There is some uncertainty as to when these SHAs might be able to be considered by Cabinet given the upcoming election. However the Ministry of Business Innovation and Employment advises that Council can continue to recommend SHAs and these will be processed as soon as they are able.

5. Discussion

5.1 Officers have received requests for further SHAs. Details of the SHA’s, proposed qualifying development criteria and infrastructure requirements are provided in Attachments 1 to 9.

5.2 The criteria used to evaluate SHA suitability and each sites assessment are also summarised in Attachments 1 to 9, along with a map identifying each area. The criteria include the HASHAA requirements that need to be satisfied (infrastructure is likely to be provided and that there is demand for residential housing), consistency with the Accord, and alignment with the Nelson Resource Management Plan.

5.3 A summary of advantages, disadvantages and risks for each proposal is provided in Table 1 below. Matters for consideration common to all SHA proposals, and then particular SHA requirements, are discussed in the following sections 5.4 to 5.17.

Infrastructure Provision

5.4 Some sites already have sufficient infrastructure connections. Other sites require additional connection and/or capacity to be provided. Where this isn’t a project in the Long Term Plan (LTP) the necessary infrastructure will need to be provided by the developer at their cost. Developers are able to seek that projects be included in the LTP and Council can choose to consult with the community on their inclusion via the LTP process.

5.5 Council can choose to require developers to enter into a Deed detailing the specifics of infrastructure requirements that need to be met by the Developer. Officers have evaluated the infrastructure requirements of each SHA and recommend that there is a need for Deeds for this group of SHAs to make clear to developers their responsibility in relation to ensuring sufficient infrastructure capacity/connection to support the development. A disadvantage with entering into a Deed is that it adds officer time and administration to the SHA process and has legal costs associated with it. However this is outweighed by the clarity the Deed provides in identifying who is responsible for costs to provide sufficient infrastructure to serve the SHAs.

5.6 Quail Rise SHA is part of a large greenfield development holding of Solitaire Investments Ltd in Marsden and Ngawhatu Valleys. Development is occurring from both Ngawhatu Valley and Marsden Valley sides of this area at a fast pace. In order to ensure Council can adequately and efficiently plan for infrastructure capacity and connections it is desirable for the proposed overall layout of development in the area to be known. Without this information there is a risk that future stages are held up while infrastructure requirements are determined and therefore housing supply slowed. There is also a risk that infrastructure provision does not occur efficiently or in a manner that enables the most feasible provision of housing supply.

5.7 Officers recommend that for this SHA the applicants be required to submit an overall plan showing the proposed layout of all future stages of Solitaire Investments Ltd land in Marsden and Ngawhatu Valleys, including showing the lot yield, location of roading, cycling and pedestrian ways and their linkages between the valleys, wastewater network and connections, stormwater devices and reserves network for the approval of the General Manager Infrastructure.

Ongoing Infrastructure Connection and Capacity Investigations

5.8 At the time of writing this report officers are unable to advise whether there is sufficient infrastructure connection and capacity provisions for proposed SHAs at 26 Blick Terrace and Quail Rise. The potential infrastructure solutions required to support these SHAs are significant and may affect the feasibility and/or timing of development.

5.9 For Quail Rise a traffic safety and capacity assessment of the intersection of Marsden Valley Road and The Ridgeway accommodating projected traffic volumes for the future development of Marsden Valley, will be required to be undertaken by the applicant before officers can be confident that adequate infrastructure is likely to be provided to support the SHA. A recommendation has been provided to enable this SHA to be approved, subject to the Applicant providing this information and entering into a Deed and/or Private Developer Agreement to ensure the infrastructure provision test of HASHAA is satisfied.

5.10 For 26 Blick Terrace the applicant has committed to undertake capacity and connection analysis prior to the meeting considering this report R7950. Officers will advise at the meeting whether the infrastructure test of HASHAA is able to be satisfied in order to recommend the SHA at that meeting.

Infrastructure Analysis Resourcing

5.11 Officers spend significant time and modelling resources on undertaking infrastructure investigations to support SHA’s. Investigation is required at this expression of interest stage to satisfy the section 16 test in HASHAA (that infrastructure exists or is likely to exist), during preparation and negotiation of Deeds following Council’s approval, and again at resource consent stage in order to satisfy the section 34 test in HASHAA (that infrastructure is sufficient and appropriate). An implication of approving further SHAs is that the Infrastructure Group will need more resourcing.

Urban Design Panel

5.12 Council’s standard Deed template also requires that the approval of the Urban Design Panel is submitted to Council with any resource consent sought under HASHAA. The Deed specifies that the costs of the urban design panel approval process are passed on to the applicant.

Amendments to existing SHAs

5.13 Wastney Terrace and Atawahi Drive (Bayview) proposals include SHAs that were recently gazetted on 17 August. The applicants now wish to add additional areas and/or change the qualifying development criteria of those SHAs. Details of the proposed changes are described in Table 1. They need to be reconsidered by Council and if approved, MBIE have advised the underlying SHAs will be extinguished in favour of the more recent SHA and qualifying development criteria.

Saxton Area SHAs

5.14 Saxton SHA comprising 277 units (Summerset Retirement Village) recently entered into a Deed and Private Developer Agreement with Council and has been recommended to the Minister. Saxton SHA is going to Cabinet for consideration on 18 September and if approved will be gazetted on 21 September.

5.15 This report considers requests for 1A Hill Street (to be part of Summerset Retirement Village) and 3B and 3C Hill Street (to be developed by Wakatu for residential housing) to be considered as SHAs. Both SHAs are now able to be serviced for water, wastewater and stormwater as a result of the Deed and Private Developers Agreement that Summerset Retirement Village entered into with Council.

5.16 Officers are unable to determine the precise transport implications of SHAs in the Saxton area on the Champion Road roundabout until resource consent applications are received. Officers are working with Tasman District Council to identify potential capacity enhancing solutions for the roundabout, and are also progressing the business case for Hill Street North extension. HASHAA provides that the Accord Authority may notify infrastructure providers who have assets adjacent to the site during the resource consent process.

SHAs including Rural Zoned land

5.17 Officers have assessed that the decision on whether to recommend SHAs in Rural Zones is of more than low significance in terms of Council’s Significance and Engagement Policy. This is because the Nelson Housing Accord states a preference for locating SHAs in existing urban zones, these being areas where the community can reasonably expect residential development. Officers have highlighted the risks in terms of recommending these SHAs in their individual assessments in Table 1 below.

Table 1: SHA Advantages, Risks and Disadvantages and the Permitted Baseline that applies under the NRMP
318 Nayland Road
Advantages	The landowner is able to redevelop the site with more efficient building layout and the non-notification presumption provided for by the SHA. Therefore enabling an economically viable redevelopment of the site to occur, and of a density that provides greater housing supply.
Risks and Disadvantages	If the SHA is not approved a development proposal of this density on this site may not proceed under the RMA, and the community may not benefit from the additional residential supply in this location.
Permitted baseline	Three residential dwellings can be erected on site with a minimum site area of 400m², up to a maximum height of 7.5m with 40% coverage. Daylight controls are required from all adjoining residential zone boundaries.
40 Tasman Street
Advantages	The landowner is able to redevelop the site and increase housing supply based on the additional density and non-notification presumption provided for by the SHA. Therefore enabling an economically viable redevelopment of the site to occur, and of a density more appropriate to the city location than what the NRMP currently provides for as of right. Development of this site contributes to Council’s outcomes for residential living in and around the city centre.
Risks and Disadvantages	If the SHA is not approved a development proposal of this density on this site may not proceed under the RMA, and the community may not benefit from the provision of additional residential supply in this city location in the immediate future. The site contains a heritage building (the Green Grocers) and heritage values will need to be assessed as part of the SHA consent process.
Permitted baseline	Two residential dwellings can be erected on site with a minimum site area of 300m², up to a maximum height of 7.5m with 40% coverage. Daylight controls are required from all adjoining residential zone boundaries. Resource consent is required for the removal of a heritage building.
Quail Rise
Advantages	The advantage for this greenfield development site is that it is able to use the HASHAA process to bring greenfield housing supply to the market quickly.
Risks and Disadvantages	If the SHA is not approved the development will be sought under the RMA, and the community may not benefit from the speed of additional residential supply being brought to the market in this location. Efficient provision of infrastructure in this area is hindered by officers being unaware of the overall layout and connections of future stages. This risk can be mitigated by requiring the applicants to submit an overall plan of all future stages prior to making a consent application under HAASHAA. Development in Marsden Valley is also constrained by the capacity of the Marsden Valley Ridgeway intersection however this risk can be mitigated by recommendations proposed for inclusion in the Deed requiring assessment and identification of funding and timing of projects to occur prior to Council recommending the SHA to the Minister.
Permitted baseline	A similar density of lots can be erected on site as proposed under the SHA with a minimum site area of 400m², up to a maximum height of 7.5m with 40% coverage. Daylight controls are required from all adjoining residential zone boundaries.
Atawhai Drive (Bayview Subdivisions Ltd)
The majority of this site has existing SHA status, the applicants wish to add two areas (one of Ruffel Place and the other off Bayview Drive) to the existing SHA, and change the qualifying development criteria to provide for three storeys instead of two.
Advantages	The developer is afforded the fast track consent process and non-notification presumption provided for by HASHAA. Additional density and height based on the qualifying development criteria proposed is able to be achieved thereby enhancing housing supply.
Risks and Disadvantages	If the SHA is not approved, the land is likely to be developed under the RMA process and the standard residential development provisions of the NRMP.
Permitted Baseline	One dwelling per 400m² can be erected on this site (subject to geotechnical and landscape provisions), up to a maximum of 7.5m in height with 40% site coverage. Daylight controls are required from all adjoining residential zone boundaries.
Tasman Heights (KB Quarries Ltd)
Advantages	The developer is afforded the fast track consent process and non-notification presumption provided for by the HASHAA. This site adjoins Highview SHA which was gazetted on 17 August 2017. No further development can occur in this area until the connection of Princess Drive to Waimea Road is made, approval of this SHA will further add to the likelihood of this connection occurring in a timely manner.
Risks and Disadvantages	If the SHA is not approved, the land is likely to be developed under the RMA process and the standard residential development provisions of the NRMP.
Permitted Baseline	One dwelling per 400m² can be erected on this site (subject to geotechnical and landscape provisions), up to a maximum of 7.5m in height with 40% site coverage. Daylight controls are required from all adjoining residential zone boundaries.
1A Hill Street North
Advantages	The developer is afforded the fast track consent process and non-notification presumption provided for by HASHAA. This site is adjoins Saxton SHA enabling more efficient development and layout of Summerset Retirement Village utilising the same HASHAA process.
Risks and Disadvantages	If the SHA is not approved, the land is likely to be developed under the RMA process. This will result in an overly complicated development process for Saxton SHA. The site is zoned Rural and the community may not be anticipating intensive residential development of this site. There is a risk that the adjoining landowners are not supportive of the SHA. This risk is similar to that evaluated by Council for the Saxton, Farleigh and Wakapuaka SHA’s. The Nelson Housing Accord has a particular focus on enhancing supply in existing residential areas. Officers consider that a SHA at 1A Hill Street is suitable as it has proximity the existing Saxton SHA and would become part of the Retirement Village, it is also close to services, schools and transport routes and has a low level of rural productive potential. However approval of a SHA at this location departs from the intention of the Accord and there is a risk that the views of those affected by the decision to establish a SHA have not been considered. An option to mitigate this risk is to defer consideration of this SHA until after a public feedback process has been undertaken.
Permitted Baseline	One dwelling per 15ha can be erected on this site, however the site is only 1999m² and further subdivision of this site under the NRMP would be a non-complying activity.
3B and 3C Hill Street North
Advantages	The site is zoned Rural Small Holdings (High Density) and SHA status will enable residential densities to be achieved. The developer is afforded the fast track consent process and non-notification presumption provided for by HASHAA. This site is adjoining Saxton SHA (Summerset Retirement Village). SHA status will enable more efficient development and layout of this area which is located between Saxton SHA and the existing residential zoned land.
Risks and Disadvantages	If the SHA is not approved, the land is likely to be developed under the RMA process and the Rural Small Holdings provisions of the NRMP. This will result in an overly complicated and slower development process for land adjoining Saxton SHA. The site is zoned Rural Small Holdings and the community may not be anticipating intensive residential development of this site. There is a risk that the immediate adjoining landowners are not supportive of the SHA. This risk is similar to that evaluated by Council for the Saxton, Farleigh and Wakapuaka SHA’s. The Nelson Housing Accord has a particular focus on enhancing supply in existing residential areas. Officers consider that a SHA at 3B and 3C Hill Street is suitable as it has proximity the existing Saxton SHA, is also close to services, schools and transport routes and has a low level of rural productive potential. However approval of a SHA at this location departs from the intention of the Accord and there is a risk that the views of those affected by the decision to establish a SHA have not been considered. An option to mitigate this risk is to defer consideration of this SHA until after a public feedback process has been undertaken.
Permitted Baseline	The Rural Small Holdings (High Density) zoning provides for a density of dwellings with a 1ha average with a 5000m² minimum lot size.
23 Wastney Terrace
The residential zone part of this site has existing SHA status, the applicants wish to add some Rural Small Holdings (Low Density) zoned land to the existing SHA and change the qualifying development criteria to provide for three storeys instead of two.
Advantages	The developer is afforded the fast track consent process and non-notification presumption provided for by the HASHAA. Part of the site is zoned Rural Small Holdings, gazettal as a SHA will enable a greater density to be developed across the mixed zoning.
Risks and Disadvantages	If the SHA is not approved, the land is likely to be developed under the RMA process. The site is zoned Rural Small Holdings and the community may not be anticipating residential development of this site. There is a risk that the adjoining landowners are not supportive of the SHA. This risk is similar to that evaluated by Council for the Saxton, Farleigh and Wakapuaka SHA’s. The Nelson Housing Accord has a particular focus on enhancing supply in existing residential areas. Officers consider that due to the site’s steepness development of the Rural Small Holdings part of the SHA is unlikely to be achieved at usual residential densities, albeit a higher density than that provided for by the Rural Small Holdings Zone. However approval of a SHA at this location departs from the intention of the Accord and there is a risk that the views of those affected by the decision to establish a SHA have not been considered. An option to mitigate this risk is to defer consideration of this SHA until after a public feedback process has been undertaken. There are downstream capacity constraints on the stormwater system in this area. Council has started the design for the upgrade of this system however the project is not scheduled for completion until two years time. The options for the developer to go ahead with the SHA are to install onsite mitigation devices. The upgrade is not designed to provide capacity for the residential development of rural land, and the applicants will be required to mitigate stormwater flows from the rural zoned area.
Permitted Baseline	One dwelling per 400m² can be erected on the part of the site that is residential zoned, (subject to geotechnical and landscape provisions), up to a maximum of 7.5m in height with 40% site coverage. Daylight controls are required from all adjoining residential zone boundaries. One dwelling per 3ha can be erected in the Low Density Small Holdings Zoning.
26 Blick Terrace
Advantages	The developer is afforded the fast track consent process and non-notification presumption provided for by the HASHAA. Part of the site is zoned Rural, gazettal as a SHA will enable a greater density to be developed.
Risks and Disadvantages	Infrastructure connections and capacity to support this SHA are unknown at the time of writing this report. To mitigate this risk the applicant will provide assessment prior to the consideration of this report by Council at which time the officer will advise an appropriate recommendation. If servicing is available and the SHA is not approved, the land may be developed under the RMA process and the standard residential development provisions of the NRMP. Development of the Rural Zoned part of the site will need to go through a non-complying consent process which may make development of this site not economically viable. Part of the site is zoned Rural and the community may not be anticipating intensive residential development of this site. There is a risk that the adjoining landowners are not supportive of the SHA. This risk is similar to that evaluated by Council for the Saxton, Farleigh and Wakapuaka SHA’s. The Nelson Housing Accord has a particular focus on enhancing supply in existing residential areas. Officers consider that a SHA at 26 Blick Terrace is suitable as it has proximity to the city including services, schools and transport routes and has a low level of rural productive potential. However approval of a SHA at this location departs from the intention of the Accord and there is a risk that the views of those affected by the decision to establish a SHA have not been considered. An option to mitigate this risk is to defer consideration of this SHA until after a public feedback process has been undertaken.
Permitted Baseline	One dwelling per 400m² can be erected on the Residential Zoned part of this site (subject to geotechnical and landscape provisions), up to a maximum of 7.5m in height with 40% site coverage. Daylight controls are required from all adjoining residential zone boundaries. One dwelling per 15ha can be developed on the Rural Zoned part of the site.

6. Options

6.1 Council has the option of approving these SHA’s for recommendation to the Minister, or declining to recommend them to the Minister.

6.2 Council also has the option of deferring approval of those SHAs with either Rural or Rural Small Holdings Zoning until after a public feedback process has been undertaken to seek the views of those potentially affected by the decision.

6.3 If Council decides to approve any SHA proposals in this report, it is recommended that they all be subject to entering into a Deed to ensure that the developer acknowledges that the costs and responsibility of providing appropriate and sufficient infrastructure connection and capacity to the sites is to be borne by the developer, unless it is a project included in Council’s LTP.

6.4 If Council approves the SHAs in this report then they will yield approximately a further 305 residential units, on top of the already approved 1176 residential units under HASHAA.

7. Conclusion

7.1 Officers have received requests for SHAs to be approved at 381 Nayland Road, 40 Tasman Street, Quail Rise (Solitaire Ltd), Atawhai Drive (Bayview Subdivisions Ltd), Tasman Heights (KB Quarries Ltd), 1A Hill Street North, 3B and 3C Hill Street North, 23 Wastney Terrace and 26 Blick Terrace.

7.2 Council as an Accord Territorial Authority is able to consider these requests for recommendation to the Minister of Building and Construction.

7.3 Officers have evaluated the requests in accordance with HASHAA and Nelson Housing Accord intentions and commitments, and provided recommendations accordingly.

Lisa Gibellini

Senior Infrastructure Planner

Attachments

Attachment 1: SHA 381 Nayland Road (A1823458) ⇩

Attachment 2: SHA 40 Tasman Street (A1823527) ⇩

Attachment 3: SHA Quail Rise (A1826489) ⇩

Attachment 4: SHA Atawhai Drive (Bayview) (A1826510) ⇩

Attachment 5: SHA Tasman Heights (A1826472) ⇩

Attachment 6: SHA 1A Hill Street North (A1826352) ⇩

Attachment 7: SHA 3B & 3C Hill Street North (A1823537) ⇩

Attachment 8: SHA 23 Wastney Terrace (A1826536) ⇩

Attachment 9: SHA 26 Blick Terrace (A1823510) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The recommendations in this report are consistent with the purpose of local government and directly seek to achieve an increase in housing supply to meet the current and future needs of the community in a cost effective manner.

2. Consistency with Community Outcomes and Council Policy

The recommendations align with the direction set by Council for SHA’s at the 17 December 2015, 3 March 2016, 2 June 2016, 16 & 30 June 2016, 15 December 2016, 23 March 2017 and 8 June 2017 Council meetings and the Nelson Housing Accord. The recommendations are also consistent with achieving greater housing choice goals sought through Council’s Strategic documents, especially the strategic outcomes driving the Nelson Plan review and the community outcome “ Our urban and rural environments are people-friendly, well planned and sustainably managed”.

3. Risk

HASHAA, SHAs and Nelson Housing Accord provide an opportunity for Council to facilitate residential development in urban areas that are otherwise not occurring due to economic viability and process issues. If SHAs recommended in this report are not approved then there is a risk that development of those sites is not enabled, and the goal of furthering the supply of residential units as part of the Housing Accord is not met.

4. Financial impact

All infrastructure required to serve the SHAs is to be provided by the developer, unless it is a project that is scheduled in the Long Term Plan and funded via Development Contributions. Deeds are recommended to be entered into for all SHAs to be approved so that the financial impact of infrastructure requirements not being met by Council is clear to developers.

There is also significant officer time involved in processing SHA approvals, liaising with developers and MBIE, and further assisting in investigating infrastructure requirements. Additional staff resourcing was sought through the Annual Plan and is in the process of being established for the Strategy and Environment Group. However additional resourcing will also be required for the Infrastructure Group as discussed in section 5.11 of this report. All costs of the processing of SHA resource consent applications will be funded by the applicant.

5. Degree of significance and level of engagement

The approval of SHAs located in existing residential zones is of low to medium significance because it does not significantly impact the community. The SHAs proposed at 1A Hill Street, 3B and 3C Hill Street, 23 Wastney Terrace and 26 Blick Terrace (with Rural or Rural Small Holdings Zoning) is of medium to high significance because the community would not necessarily anticipate development of that site under the intentions set out in the Nelson Housing Accord. Council may decide that it needs to seek public feedback on those proposals to provide those who may be affected with an opportunity to have their views heard prior to considering the SHA.

The establishment of SHAs recommended in this report will result in subsequent resource consent applications under HASHAA for such development, and at that time engagement with adjacent landowners will occur if Council’s regulatory arm considers that they are affected. Overall, the establishment of SHAs recommended in this report will assist with increasing housing supply in Nelson which will be of benefit to the wider community.

6. Inclusion of Māori in the decision making process

Maori have not been consulted on this matter.

7. Delegations

No committee of Council has delegations for the Housing Accord and Special Housing Areas Act 2013 and therefore the matter needs to be considered by full Council.

Council

21 September 2017

REPORT R8284

Ghost Light Theatre Funding Request

1. Purpose of Report

1.1 To consider whether to make funding previously approved for the Tiny Nelson Theatre in 2016/17 available for a new theatre development.

2. Recommendation

That the Council

Receives the report Ghost Light Theatre Funding Request (R8284) and its attachments (A1822421, A1822410, A1822428); and

Approves $16,500 operational funding to assist with the establishment costs of the Ghost Light Theatre, conditional on charitable status being achieved.

3. Background

3.1 At its meeting of 15 December 2016 Council approved an allocation of $20,000 unbudgeted operational funding to support establishment of a Tiny Nelson Theatre in the Kirby Lane development (resolution CL/2016/314). The project was seen as contributing to the vitality of the CBD.

3.2 Unfortunately the Kirby Lane development did not proceed as expected and so the theatre project has been forced to look for alternative premises. The theatre has now established itself in a space at the Bridge St Studios, a recent development at 146 Bridge St taking over space vacated by Boulder Apparel and converting it to studio spaces for creative endeavours. The theatre has requested the funding allocated in 2016/17 be made available for its establishment costs in 2017/18.

4. Discussion

4.1 The previous theatre proposal was under the auspices of the Nelson Fringe Arts Charitable Trust. However the opportunity to lease a space at the Bridge St Studios came up at short notice while a number of the Fringe Arts Trust members, including the Chair, were travelling. As the Trust was not be able to move quickly to secure the space Laura Irish, Board member and prime organiser of the original proposal, and her husband, decided to take up the opportunity. They have established an incorporated society and applied for charitable status at the end of July. The Nelson Fringe Arts Charitable Trust has provided a letter of support (see Attachment 1).

4.2 The proposal for what activities the new theatre, known as the Ghost Light Theatre, would offer is the same as put forward last year for TNT (see Attachment 2). Ghost Light wishes to establish itself as an innovative theatre space in the heart of the city providing training, development, work and performance opportunities for a range of artists.

4.3 Another element of the Ghost Light proposal is to provide an affordable space that will be of particular value to emerging artists who are wanting to develop their own work. Ghost Light would be a smaller space suitable for experimental works and allowing the public to see a broader range of performance art in the city.

4.4 As the proposal Council considered last year was from the Nelson Fringe Arts Theatre Trust this gave a level of confidence that the funding would be well spent and outcomes delivered. The Trust’s Board represents a wide range of arts sector experience and has a number of members well known for their contribution to previous community projects. The new proposal has mitigated the risks associated with the move away from the Trust by developing an MOU between the two groups (see Attachment 3). This includes agreement that the Trust will hold all of the 2018 Nelson Fringe Festival workshops at the Ghost Light Theatre to provide some initial operational confidence, as well as retain an option for additional theatre space for the Fringe Festival.

Contribution to city amenity

4.5 This project has a range of goals that contribute to the wellbeing and social capital of the city. It aims to provide a space for Nelson artists to create and perform and for new talent to develop. It will be a small scale venue making more experimental theatre affordable to stage in Nelson.

4.6 A special focus of Ghost Light’s activities would be youth development including providing training in both acting and improvisation to emerging actors, directors and performers. This is a good fit with Council’s recently adopted Youth Strategy.

4.7 The theatre is providing youth intern opportunities, youth acting training, improvisation classes and opportunities for youth to produce their own shows. There are already projects underway with individual groups and in collaboration with the local colleges. This fits with Goal 1: Positive youth development:

· bullet 1: Support initiatives and seek partnerships which enhance young people’s strengths, self-worth, positive choices, family-whanau relationships, resilience and positive mental health and wellbeing

· bullet 2: Facilitate pathways which nurture and celebrate young people’s achievements and leadership opportunities

Ghost Light Theatre will also provide a hub for emerging artists (young performers, actors, directors) to be mentored by more experienced artists and develop their skills so they can access a career path in Nelson. This supports Goal 2: young people can access pathways that support their future in Nelson.

4.8 The project should also have a positive impact on the vitality of the central city. Increasingly the attractiveness of cities to visitors is not simply, or even mainly, the range of retail on offer but the events, activities and civic infrastructure that can be accessed. A small, experimental theatre can be another drawcard to attract visitors into our CBD and contribute to the economic vitality of the city. The Chief Executive of the Nelson Regional Development Agency, Mark Rawson, is supportive of the concept and considers it will add value to the inner city.

Council Funding

4.9 The Ghost Light Theatre is now up and running but still needs financial support to have the space fitted out professionally for sound and lighting. Attachment 2 shows the budget for the first year. The budget has been reviewed by a management accountant from the Finance team who considers it has been competently prepared.

4.10 Ghost Light has requested that the funding of $20,000 which TNT did not draw down in 2016/17 is made available this financial year to fund fit out of the theatre space. This funding has been carried over from 2016/17 and so is available in the Annual Plan 2017/18.

4.11 Given that the costs of the new project are lower than that proposed in 2016/17 due to the cheaper rent and fit out costs, it would seem appropriate that Council’s contribution also be scaled back. If Council wished to contribute it could cover the sound, lighting and technical elements at a cost of $16,500. It would also be appropriate for Council funding to be conditional on Ghost Light achieving charitable status as that will provide assurance that it has an exclusively charitable purpose and is for the public benefit.

Other Support

4.12 The Rata Foundation had approved funding of $10,000 for TNT in 2016/17. Like Council’s support, this funding lapsed when the Kirby Street development did not progress.

4.13 The local community is providing significant in-kind support. Ghost Light has received discounted paint, free theatre curtains, second hand lights, an initial rent holiday, free website design, donations of office equipment, offers of free labour, loans of seating and other assistance.

4.14 The Theatre Royal has also been very supportive towards Ghost Light Theatre providing advice on technical, health & safety, operational systems, and marketing. Assistance has also been provided with the Ghost Light business plan and Ghost Light upcoming events have been added to some of the Theatre Royal marketing materials as a gesture of support.

5. Options

5.1 Option 1, to provide funding to the Ghost Light Theatre, is the recommended option. Officers suggest an appropriate level of funding is $16,500 but Council may choose another amount.

Option 1: Provide funding to TNT
Advantages	· Promotes a vibrant central city able to attract more visitors and thus support economic development · Supports objectives of the Youth Strategy · Provides the community with a new venue for smaller experimental works as well as training opportunities in the performing arts
Risks and Disadvantages	· The viability of a new venture is untested and thus this is a higher risk grant · A grant to a new incorporated society is higher risk than one to an existing, proven trust · Funding not available to be used on other Council projects
Option 2: Provide no funding to TNT
Advantages	· Protects ratepayer funding from risks of venture failure · Allows the funding to be used for other Council projects in future
Risks and Disadvantages	· Council’s lack of support is likely to influence other potential funders/supporters · Lost opportunity to nurture an innovative arts project that can increase the diversity of offerings in the CBD

6. Conclusion

6.1 The Ghost Light Theatre project has, due to the Kirby Lane development not progressing, had to be reworked with a new location and management structure. The objectives of the Ghost Light Theatre and the benefits it will bring to the CBD remain essentially unchanged. It is recommended that Council allocate funding to support the project.

Nicky McDonald

Senior Strategic Adviser

Attachments

Attachment 1: Letter of Support for Ghost Light Theatre ⇩

Attachment 2: Ghost Light Theatre Proposal ⇩

Attachment 3: MOU between Ghost Light Theatre and the Nelson Fringe Arts Charitable Trust ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

A decision to support the Ghost Light Theatre contributes to providing local public services in the performing arts and building the vitality and viability of the city centre.

2. Consistency with Community Outcomes and Council Policy

This decision supports four community outcomes: Our urban and rural environments are people-friendly, well planned and sustainably managed; Our communities have opportunities to celebrate and explore their heritage, identity and creativity; Our communities have access to a range of social, educational and recreational facilities and activities; Our region is supported by an innovative and sustainable economy.

3. Risk

Supporting a new incorporated society with no track record is a higher risk proposal. It is possible the theatre will fail and the ratepayer investment be lost. The MOU with the Nelson Fringe Arts Charitable Trust does help to mitigate that risk. Investing a reduced amount of ratepayer funding also reduces the level of exposure somewhat.

4. Financial impact

Funding of $20,000 for this project has been carried over from 2016/17 and is available in the Annual Plan 2017/18.

5. Degree of significance and level of engagement

This decision is considered of low significance to the general community and no engagement has been be undertaken.

6. Inclusion of Māori in the decision making process

Maori have not been consulted on this matter.

7. Delegations

As this matter relates to the delegations of both the Governance Committee (economic development and tourism) and Community Services Committee (culture and community events) it is being brought to Council for a decision.

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Council

21 September 2017

REPORT R8346

Upper Trafalgar Street - Summer Closure

1. Purpose of Report

1.1 To approve as a trial, the temporary closure of the section of Trafalgar Street between Selwyn Place and Hardy Street (Upper Trafalgar Street) to traffic.

2. Summary

2.1 The report brings the proposal to temporarily close Upper Trafalgar Street to traffic back to Council for consideration following the informal and statutory consultation processes and recommends that the trial closure be implemented.

3. Recommendation

That the Council

Receives the report Upper Trafalgar Street - Summer Closure (R8346) and its attachments (A1826956, A1827678, A1828198, A1826666, A1828129, A1828149, A1828157, A1828146, A1828165) ; and

· The trial closure will commence on 1 December 2017 and conclude on 31 March 2018;

Confirms that the capital and operational expenditure required for the trial be drawn from the CBD Enhancement Fund and Special Economic Projects Fund, respectively; and

4. Background

4.1 On 10 August 2017, Council approved the proposal to undertake informal community consultation on the temporary closure of Upper Trafalgar Street to traffic from 1 December 2017 to 31 March 2018.

4.2 Public consultation was undertaken from 15 August 2017 until 31 August 2017. Feedback was invited via Council’s website and sought by letter from property owners in and near Trafalgar Street, the Police, the New Zealand Transport Agency (NZTA), the Fire and Emergency Services and St John Ambulance Service.

4.3 The proposal was discussed with the business owners in Upper Trafalgar Street on 23 August 2017, with the members of the Nelson Women’s Club on 25 August 2017 and with the Nelson Marlborough District Health Board (NMDHB) and Police on 30 August 2017.

5. Discussion

Summary of Submissions

5.1 A total of 171 submissions were received including feedback from the Police, NZTA, Fire and Emergency Services and St John Ambulance Service. The index to the submissions is in Attachment 1 and a copy of the submissions is in Attachment 2.

5.2 Of the total, 19 are opposed to the proposed closure and 152 are in favour of the closure.

5.3 The issues which raised most concern for those opposed to the closure are traffic problems, loss of parking and difficulty accessing businesses/buildings in Trafalgar Street.

5.4 Of those in support of the closure, the majority (52) support the closure because they are in favour of the street being pedestrian-friendly, traffic free and “for people not cars”. Thirty-one submitters indicated that they wanted the area to a multi-use community space for events, performances and markets.

5.5 A number of submitters, who support the closure, also expressed concerns over loss of parking and other issues.

Statutory Consultation Outcomes

5.6 If approved, the closure would be effected under Section 342 and Schedule 10 Clause 11(d) of the Local Government Act 1974 (the Act).

5.7 In accordance with Clause 11, the Police and the NZTA were consulted on the proposal to close Upper Trafalgar Street. Neither agency has concerns about the proposal.

5.8 The NZTA is supportive of the trial closure and noted “We do not expect any transport issues to arise.” The NZTA’s letter dated 28 August 2017 is in Attachment 3.

5.9 The Police also advised that they had no issues with the trial. The Team Leader Road Policing advised that no issues were foreseen with the trial closure from a Road/Traffic point of view.

5.10 The Alcohol Harm Prevention Unit indicated that there were no issues with the trial closure from an Alcohol Licensing point of view. Licensees would, however, need to be vigilant around the extended areas and ensure compliance with the Sale and Supply of Alcohol Act. A copy of the email from the Police dated 6 September is in Attachment 4.

5.11 Whilst not required by the legislation, feedback was also sought from the Fire and Emergency Services and St John Ambulance Service.

5.12 The Fire and Emergency Services has no issue with the proposal in principle. A copy of Acting Area Commander’s email dated 5 September is in Attachment 5.

5.13 St John Ambulance Service’s Territory Manager Nelson Bays, indicated that the Service is comfortable with the closure. St John indicated that maintenance of a restricted access lane is preferable but that even without an access lane, the Service would still be able to reach an incident in the exact middle of Upper Trafalgar Street (the furthest point from any road) quickly. Removal of traffic from the area may result in increased public safety as there would be a clear segregation between the pedestrian area and vehicles. St John’s email dated 5 September 2017 is in Attachment 6.

Issues raised in submissions from the community

5.14 The following table provides a summary of the main issues raised in submissions received from the community and comments on each matter. A spreadsheet setting out all the submissions and issues is in Attachment 7.

Issue

Comment

Parking and access:

- loss of parking

- loss of mobility parking

- access to businesses / buildings in Upper Trafalgar Street

Twenty-three submitters raised concerns in relation to this issue. Seven of these are from business operators in Upper Trafalgar Street. Concerns over mobility parking and access to buildings were raised by the Nelson Women’s Club and the Nelson Provincial Museum.

Twenty-three submitters supported making Upper Trafalgar Street traffic-free and of these, twelve specifically stated that the loss of parking is not a concern.

There are currently 14 parking spaces in Upper Trafalgar Street, including two mobility parking spaces. These parking spaces would be unavailable during the trial.

If the trial is approved, it would include the temporary designation of two parking spaces in Hardy Street as a mobility parking spaces and a parking space in Selwyn Street as a P2 drop-off/pick-up space as indicated on the map in Attachment 8. The temporary designation of these three parking spaces will be included in the Traffic Management Plan.

There are two large carparks (Montgomery Square and Buxton Square) within a short walking distance from Upper Trafalgar Street as well as parking spaces close by on Selwyn Place and Hardy Street.

Traffic issues

- increased traffic in Church Street, Park Street and Morrison Street

- difficulty reaching Hardy Street and the rest of Trafalgar St as no right turn into Hardy St out of Rutherford St when travelling towards Port

Fifteen submitters were concerned that the closure of Upper Trafalgar Street would cause traffic issues.

The temporary closure of Upper Trafalgar Street would redistribute traffic to other parts of the network and encourage drivers to use the ring road system which may ease congestion in the City.

Whilst the effect of the temporary closure is not expected to be significant, traffic will be monitored and arrangements are in place for traffic counts to be undertaken before and during the trial.

The closure is temporary and will serve to highlight issues that may need to be addressed if the closure were to be made permanent or to take place every year.

Closure will damage business, encourage alcohol misuse, drug use and anti-social behaviour and the space will become deserted

Eleven submitters raised concerns in relation to this issue.

At a meeting on 30 August 2017, these issues were discussed with the Police, Alcohol Harm Prevention Team. As noted earlier, the Police have no issues with the trial closure from an Alcohol Licensing point of view. However, the licensees would need to be vigilant around the extended areas and ensure compliance with the Sale and Supply of Alcohol Act.

The CCTV cameras in the Upper Trafalgar Street have recently been upgraded and the area is well lit.

Four of the eleven are business owners in (or very close to Upper Trafalgar Street) who are worried that the closure will be detrimental to their businesses due to lack of parking, decrease in footfall and/or increase in anti-social behaviour

The expectation is that the closure will draw people to the area. Fifty-two submissions support the closure because the area will be pedestrian friendly and closed to traffic. Thirty-two commented on the area being an ideal venue for outdoor dining and socialising. Thirty-one submitters referenced using the area as a community space with performances and events.

Cost

- Unfair on other businesses in City,

- ratepayer money should not be used to subsidise,

- too expensive,

- waste of money

Nine submitters were concerned about this issue.

The closure will require a one-off investment from Council – the estimated budget for the project is $80,000 (further details regarding the estimated costs are set out below in paragraph 5.15 – 5.21).

However, this should be weighed up against the expected return in terms of community engagement, visitor enjoyment, and the ability to showcase heritage buildings, the Cathedral and our local produce.

Fifteen submitters believe the closure would boost businesses. Thirteen believe visitors/ tourists would enjoy the area.

Thirty-two commented on the area being an ideal venue for outdoor dining and socialising. Thirty-one submitters referenced using the area as a community space with performances and events.

If Upper Trafalgar Street is declared a pedestrian mall for four months every summer, the expectation is that the cost of the trial will in time be rendered neutral through income generated as a result of the extended licences to occupy.

Other issues:

- Thirty-four submitters wished to see the trial become permanent.

- Fifteen suggested that the closure be extended further down Trafalgar Street and other parts of the City.

- Seven submitters mentioned cycling and some of these suggested including additional bicycle racks in the area.

- Five submissions were received in relation to the need for better public transport and issues regarding taxis.

- Four submitters were concerned that Mr Stanton will occupy the area or that homeless people will sleep in the area.

- Three mentioned that the area will be or should be safe for children.

- Two submitters suggested that the results of the trial be monitored.

- One suggested that the area should be smoke-free.

Costs and concept design

5.15 Design of the area has been completed in-house which has saved on costs. A copy of the concept plans/drawings is in Attachment 9.

5.16 The concept includes retaining a centre pathway for pedestrians and emergency vehicles, community seating and a bicycle rack. Café or restaurant areas will be defined by planter boxes and dividers. The intention is to use quality materials and planter boxes which can used elsewhere in the City after the trial ends.

5.17 If the closure is approved, the final design will be completed in collaboration with the business owners.

5.18 Rough order costs for the trial are estimated at $80,000 (including a 20% contingency, excluding some of the installation work and ongoing maintenance costs.) However, some of this expenditure will be on items that can be reused in other parts of the CBD after the trial ends.

5.19 One possibility for funding the capital cost of the trial is to draw on the CBD Enhancement Fund (the Fund). Council allocated $894,000 over five years in the Long Term Plan 2015-25 to a CBD Enhancement Fund to promote the economic health and vitality of the central city.

5.20 The most significant element of spending under the Fund in 2017/18 is the Church Street upgrade at $500,000 which is due to be advertised for tender shortly. There is $94,000 remaining in the Fund for 2017/18. Given the importance of giving different parts of the CBD access to Council enhancement funding, officers recommend the Fund be used to cover the estimated capital costs ($73,000) of the Upper Trafalgar Street closure.

5.21 The estimated project budget includes the extension of liquor licences ($4,500 - $7,000) which is operational expenditure and could possibly be funded from the Special Economic Projects Fund.

6. Options

6.1 The recommended option is that Council approve the temporary closure of Upper Trafalgar Street.

Option 1: Approve closure
Advantages	· Opportunity to create a unique pedestrian friendly space for visitors and Nelsonian’s to enjoy; · Opportunity to test and trial the feasibility of a more permanent closure.
Risks and Disadvantages	· Will require Council investment; · Some in the community are likely to be dissatisfied; · Closure may result in traffic issues, harm businesses and fail to achieve the desired results.
Option 2: Status quo – decide not to proceed with the closure
Advantages	· No cost would be incurred; · No loss of parking.
Risks and Disadvantages	· Some in the community are likely to be dissatisfied; · Lost opportunity to create a unique pedestrian friendly space for visitors and Nelsonian’s to enjoy; · Lost opportunity to test and trial the feasibility of a more permanent closure.

7. Conclusion

7.1 The trial closure is supported by the majority of businesses in Upper Trafalgar Street and those who submitted on the proposal; it is recommended that Council approve the temporary closure.

Michelle Joubert

Executive Officer

Attachments

Attachment 1: Attachment 1 - Index to submissions (A1827678) (Circulated separately) ⇨

Attachment 2: Attachment 2 - Collated submissions (A1826956) (Circulated separately) ⇨

Attachment 3: Attachment 3 - NZTA (A1828129) (Circulated separately) ⇨

Attachment 4: Attachment 4 - Police (A1828149) (Circulated separately) ⇨

Attachment 5: Attachment 5 - Fire and Emergency (A1828157) (Circulated separately) ⇨

Attachment 6: Attachment 6 - St John Ambulance (A1828146) (Circulated separately) ⇨

Attachment 7: Attachment 7 - Submissions Summary (A1828198) (Circulated separately) ⇨

Attachment 8: Attachment 8 - Parking Map (A1826666) (Circulated separately) ⇨

Attachment 9: Attachment 9 - Concept (A1828165) (Circulated separately) ⇨

Important considerations for decision making

1. Fit with Purpose of Local Government

A decision to trial the closure of Upper Trafalgar Street is a discretionary activity which is expected to enhance Nelson’s CBD and contribute to the economic prosperity of businesses.

The closure is also a cost-effective manner in which to test the feasibility of a more permanent closure.

2. Consistency with Community Outcomes and Council Policy

A decision to close Upper Trafalgar Street aligns with the following Community Outcomes:

- Our communities have opportunities to celebrate and explore their heritage, identity and creativity.

- Our urban and rural environments are people-friendly, well-planned and sustainably managed.

3. Risk

The trial closure may

- be detrimental to businesses;

- cause traffic disruption;

- fail to create a lively, vibrant area used by visitors and locals;

- result in increased alcohol misuse and anti-social behaviour

The risks have been assessed as low and are mitigated by the fact that the closure is for a trial period only.

4. Financial impact

The project will require a one-off Council investment of $80,000 of which $73,000 is capital. Part of the cost will be on items that can be reused elsewhere in the CBD after the trial ends. If a decision is subsequently made to declare Upper Trafalgar Street a pedestrian mall, the expectation is that the cost of the trial will in time be rendered neutral through income generated as a result of extended licences to occupy.

5. Degree of significance and level of engagement

The decision to close Upper Trafalgar Street is a matter of medium significance as it will affect the CBD and it is of interest to the community and businesses.

Therefore, community engagement has been undertaken, letters have been sent to property owners in and around Upper Trafalgar Street, meetings held with Upper Trafalgar Street businesses, the Police and the NMDHB and feedback sought from the Police, NZTA, Fire and Emergency Services and St John Ambulance Services.

6. Inclusion of Māori in the decision making process

Māori have not been consulted on this decision.

7. Delegations

This report relates to business, economic development and tourism, temporary road closure, temporary unavailability of parking and alcohol licenses. Responsibility for these areas does not fall clearly to a single Council committee. Therefore the decision required by this report is referred to the Council.

Council

21 September 2017

REPORT R8342

Proposed Tasman Nelson Regional Pest Management Plan

1. Purpose of Report

1.1 To seek authorisation by the Council to notify the Proposed Tasman Nelson Regional Pest Management Plan 2017 - 2027 prepared under Section 70(1(a)) of the Biosecurity Act 1993 and call for public submissions as recommended by the joint Regional Pest Management Committee.

2. Summary

2.1 Nelson City Council and Tasman District Council have operated a joint Regional Pest Management Strategy and an Operational Plan since the introduction of the Biosecurity Act 1993.

2.2 As the current Strategy expires in November 2017 and the Biosecurity Act 1993 requirements have changed since it was prepared, both Nelson City Council and Tasman District Council resolved to prepare a new Regional Pest Management Plan and established a joint Regional Pest Management Committee (Joint Committee) in May 2016 to oversee this process.

2.3 The Joint Committee has met five times to develop the Plan Proposal and consider feedback from key stakeholders. At its last meeting on 29 August 2017 it resolved to recommend the draft Plan Proposal to Nelson City Council and Tasman District Council for public notification and call for submissions.

2.4 Significant consultation with key stakeholder groups has already occurred during the drafting process including pre consultation with key stakeholders and circulating early drafts of the Plan Proposal to them for comment.

2.5 This report seeks agreement to publically notify the draft Plan Proposal for full public submissions.

3. Recommendation

That the Council

Receives the Proposed Tasman Nelson Regional Pest Management Plan (R8342) and its attachment (A1826738); and

Approves the Tasman Nelson Regional Pest Management Plan Proposal for public notification and request for submissions under Section 70(1(a)) of the Biosecurity Act 1993; and

Authorises the joint Regional Pest Management Committee Chair and Deputy Chair to approve any final amendments arising from this Council meeting prior to its public notification.

4. Background

4.1 The Biosecurity Act 1993 was substantially amended in 2012 and additional requirements introduced through the National Policy Direction for Pest Management 2015.

4.2 The legislative changes and new requirement have meant that Nelson City Council and Tasman District Council resolved to prepare a new Regional Pest Management Plan under the new provisions.

4.3 The joint Regional Pest Management Committee comprising three Councillors from each council was established with delegations to oversee preparation of the draft Plan Proposal and to recommend it to each council.

4.4 The Joint Committee has met five times.

4.4.1 At its initial meeting on 29 June 2016 the Joint Committee approved a targeted pre consultation process.

4.4.2 At its next meeting on 21 September 2016 it approved drafting principles to guide preparation of the new Regional Pest Management Plan Proposal (draft Plan Proposal).

4.4.3 On 26 April 2017 the Joint Committee approved completion of the draft Plan Proposal and targeted consultation with the draft and requested additional supporting information on the management of pest species in significant natural areas.

4.4.4 At its fourth meeting on 2 August 2017 it considered the content of the draft Plan Proposal and requested additional advice on management of pest species which fell outside the Proposal.

4.4.5 At its last meeting on 29 August 2017 it resolved to recommend the draft Plan Proposal to Nelson City Council and Tasman District Council for public notification and request for submissions.

4.5 Tasman District Council is considering a report recommending notification of the Plan Proposal at its meeting on 28 September 2017.

5. Discussion

5.1 It is proposed that notification would occur during October and submissions will be received up until 15 December 2017. Following this the joint Regional Pest Management Committee will reconvene to consider the submissions received, the decisions to be issued and the changes (if any) to be made to the Plan Proposal.

5.2 The joint Regional Pest Management Committee will then recommend these decisions and any associated changes to the Plan Proposal to the two Councils for ratification.

Proposed Process Timeline

September 2017	Nelson City Council and Tasman District Council receive joint RPMC recommendation and consider notification of RPMP Proposal for public submissions.
Early October 2017 (if approved)	Public notification of proposal, submissions closing by Christmas.
Oct–Nov 2017	Stakeholder workshops to assist understanding of RPMP proposal.
Jan- Feb 2018	Assessment of submissions, preparation of officers reports and recommendations
March – April 2018	Hearing by the joint Regional Pest Management Committee of submitters (if requested) to: · Consider staff recommendations · Recommend decisions on submissions · Recommend changes to the Plan Proposal
May 2018	Joint Regional Pest Management Committee recommends decisions on submissions and Plan Proposal changes to full Councils
June 2018	Issue of decisions and receipt of any appeals

6. Options

6.1

Option 1: Approve the draft Plan Proposal for public notification
Advantages	· Notification before November 2017 allows the existing regional Pest Management Strategy to continue on force until the Plan Proposal replaces it. · Allows public scrutiny of the document and satisfaction (in part) of the consultation requirements of Section 72 of the Biosecurity Act 1993. · Following close of submissions consideration can then be given to submissions received and if the Council agrees with the submissions made it can accept them in whole or in part and change the Plan Proposal accordingly.
Risks and Disadvantages	· Substantial changes left to submission process.
Option 2: Do not approve draft Plan Proposal for public notification and send it back to joint Regional Pest Management Committee to make substantial changes
Advantages	· Provides for Council to make substantial changes before Plan Proposal is notified
Risks and Disadvantages	· Delay will make it unlikely the Plan Proposal will be notified before the current Regional Pest Management Strategy expires in November 2017. This places the Council at risk of having no access to powers under the Biosecurity Act 1993 until a new Plan is in place.

7. Conclusion

7.1 Nelson City Council and Tasman District Council have resolved to prepare a Regional Pest Management Plan to replace the current Tasman Nelson Regional Pest Management Strategy which expires in November 2017. A joint Regional Pest Management Committee has been established to oversee this process. Consultation has been undertaken with key stakeholders and the draft Plan Proposal has been amended to reflect that feedback. The joint Regional Pest Management Committee has resolved to recommend the draft Plan Proposal to both Nelson City Council and Tasman District Council for public notification and call for submissions. This report seeks Council approval to proceed with that public notification and call for submissions.

Richard Frizzell

Environmental Programmes Officer

Attachments

Attachment 1: Proposed Tasman Nelson Regional Pest Management Plan 2017-2027 (A1826738) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The report and recommendations provide for community consultation on addressing key pest issues across the region. It achieves a consistent and cost-effective approach to pest management across the Nelson-Tasman region by working jointly with Tasman District Council. It also provides a valuable service for the Nelson community, ensuring environmental and economic risks from pests are effectively addressed.

2. Consistency with Community Outcomes and Council Policy

The report and recommendations detail how the Council will manage key pests and align with the vision of “Enhancing community wellbeing and quality of life” by providing a framework for efficient and effective pest management and making best use of available resources. This contributes to the Council’s following Community Outcomes in particular:

· Our unique natural environment is healthy and protected

· Our urban and rural environments are people friendly, well planned and sustainably managed

3. Risk

The report and recommendations avoids the risk of the Council not having any powers to manage pests under the Biosecurity Act 1993 by ensuring a Plan Proposal is in place before the existing Regional Pest Management Strategy expires in November.

4. Financial impact

The Plan Proposal is largely budget neutral as it will cost a similar amount to the Strategy it replaces and this has been provided for in the Council’s Long Term Plan.

5. Degree of significance and level of engagement

This matter is of low significance because the proposal seeks to carry forward existing level of activity and commitments. Interest is largely restricted to industry and conservation groups. Engagement/feedback/consultation will occur in the form of further stakeholder workshops and submissions on the Plan Proposal.

6. Inclusion of Māori in the decision making process

Māori were included in key stakeholder consultation during the drafting process.

7. Delegations

The Council has responsibilities and powers to adopt a Pest Management Plan under the Biosecurity Act 1993. The Regional Pest Management Plan proposal replaces the existing Tasman Nelson Regional Pest Management Strategy. It must be prepared and adopted as prescribed by the provisions of the Biosecurity Act 1993 and the associated National Policy Direction 2015. These requirements have been met.

Minutes of a meeting of the Commercial Subcommittee

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

On Friday 18 August 2017, commencing at 9.00am

Present: Mr J Murray (Chairperson), Her Worship the Mayor R Reese, Councillors L Acland, I Barker, and M Courtney

In Attendance: Councillor G Noonan, Group Manager Infrastructure (A Louverdis), Manager Building (M Brown), Manager Communications (P Shattock) and Team Leader Governance (R Byrne)

Apology: Mr J Peters

1. Apologies

Resolved COM/2017/032

That the Subcommittee

Receives and accepts the apology from Mr Peters.

Barker/Courtney Carried

2. Confirmation of Order of Business

The Chair noted that Item 8: State Advances RFP Response update would be moved to the end of the meeting in order for the officer to provide an update on commercial activities in Public Excluded.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 27 June 2017

Document number M2715, agenda pages 8 - 14 refer.

Resolved COM/2017/033

That the Subcommittee

Confirms the minutes of the meeting of the Commercial Subcommittee, held on 27 June 2017, as a true and correct record.

Courtney/Murray Carried

6. Status Report - Commercial Subcommittee - 18 August 2017

Document number R8204, agenda pages 15 - 16 refer.

Resolved COM/2017/034

That the Subcommittee

Receives the Status Report Commercial Subcommittee 18 August 2017 (R8204) and its attachment (A1777192).

Barker/Courtney Carried

7. Chairperson's Report

There was no update from the Chairperson.

8. Forestry Advisory Group - Revised Terms of Reference

Document number R7620, agenda pages 17 - 30 refer.

Group Manager Infrastructure Alec Louverdis presented the report.

Attendance: Councillor Acland joined the meeting at 9.16am.

The Committee discussed the membership of the Forestry Advisory Group.

Attendance: The meeting adjourned from 9.33am to 9.36am.

Resolved COM/2017/035

That the Subcommittee

Receives the report Forestry Advisory Group - Revised Terms of Reference (R7620) and its attachments (A1799225, A1739267, and A1799321).

Barker/Courtney Carried

Recommendation to Council COM/2017/036

That the Council

· Officers having an advisory role only.

Amends the Delegations Register to include the Forestry Advisory Group as set out in Attachment Three (A1799321).

Barker/Courtney Carried

Councillor Acland requested that his vote against the motion be recorded.

9. Haven Precinct Redevelopment - 2017/18 Work Programme

Document number R7999, agenda pages 31 - 57 refer.

Manager Building, Martin Brown, presented his report and was asked to clarify the extent of the area to be included in the Request for Proposal.

Resolved COM/2017/037

That the Subcommittee

Receives the report Haven Precinct Redevelopment - 2017/18 Work Programme (R7999) and its attachment (A1807600);

Courtney/Barker Carried

Recommendation to Council COM/2017/038

That the Council

Approves the refined ‘Visions and Goals’ for the Haven Precinct;

Visions:

· Continuous and Quality Linkages with the Haven Precinct.

· Reasons to visit, spend time, encourages spaces linked to the coastal environment as a whole.

· Port and Marine underpinning the character of the Precincts Seafaring focus.

· Safe, engaging and attractive.

Goals:

· Public Realm within waterfront space.

· Realistic asset retention, reuse and divestment.

· Reasons to visit, spend time, encourages spaces linked to the coastal environment as a whole.

· Development type – mix of public and private commercial opportunities.

· Increased economic and social activity in the area.

Approves the expenditure of part of the $50,000 operational budget to produce a Haven Concept - Opportunity Proposal to invited interested parties to discuss options around the Haven Precinct Development area.

Courtney/Barker Carried

10. Update on State Advances Request for Proposal
	The Chair requested that this matter be dealt with in Public Excluded to allow Team Leader Property, Peter Hunter, to update the Subcommittee on commercial proposals.

11. Exclusion of the Public

Resolved COM/2017/039

That the Subcommittee

Excludes the public from the following parts of the proceedings of this meeting.

Barker/Her Worship the Mayor 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	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).
2	Public Excluded Status Report – Commercial Subcommittee – 18 August 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)
3.	Update on State advances RFP process.	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.

The meeting went into public excluded session at 9.55am and resumed in public session at 10.23am.

12. Re-admittance of the Public

Resolved COM/2017/040

That the Subcommittee

Re-admits the public to the meeting.

Barker/Courtney Carried

There being no further business the meeting ended at 10.23pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Sports and Recreation Committee

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

On Tuesday 22 August 2017, commencing at 9.04am

Present: Councillor T Skinner (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, M Courtney, K Fulton, B McGurk, M Rutledge (Deputy Chairperson) and S Walker

In Attendance: Group Manager Community Services (C Ward), Manager Parks and Facilities (R Bartlett), Property Parks and Facilities Asset Manager (A Petheram), Team Leader Property (P Hunter), Community Partnerships Adviser (S Stiles), Team Leader Governance (R Byrne), Governance Adviser (J McDougall) and Youth Councillors Emily Rais and Emma Edwards

Apologies: Nil

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There were no changes to the Order of Business.

3. Interests

There were no updates to the Interests Register.

Councillor Barker advised he had an interest in agenda item 9 – Saxton Creek Easements – Network Tasman Limited and 187 Champion Road and 205 Champion Road.

No other interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 4 July 2017

Document number M2733, agenda pages 7 - 15 refer.

Resolved SPO/2017/077

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 4 July 2017, as a true and correct record.

McGurk/Walker Carried

6. Status Report - Sports and Recreation Committee - 22 August 2017

Document number R8230, agenda pages 16 - 17 refer.

Group Manager Community Services, Chris Ward, answered questions on the Status Report.

Resolved SPO/2017/078

That the Committee

Receives the Status Report Sports and Recreation Committee 22 August 2017 (R8230) and its attachment (A1664423).

McGurk/Barker Carried

Attendance: Her Worship the Mayor, R Reese joined the meeting at 9.10am.

7. Chairperson's Report

The Chair gave a verbal report.

Resolved SPO/2017/079

That the Committee

Receives the Chairperson's Report.

Courtney/Walker Carried

Recreation and Leisure

8. Brook Valley Holiday Park - Advice from Commercial Subcommittee

Document number R8005, agenda pages 18 - 27 refer.

Group Manager Community Services, Chris Ward spoke to the report and answered questions.

Resolved SPO/2017/080

That the Committee

Receives the report Brook Valley Holiday Park - Advice from Commercial Subcommittee (R8005) and its attachment (A1814947); and

Notes the feedback provided by the Commercial Subcommittee; and

Confirms that Council will continue to operate the Brook Valley Holiday Park pending a final decision on the structure for Council delivery of its campground activities.

Walker/Fulton Carried

9. Saxton Creek Easements - Network Tasman Limited and 187 Champion Road & 205 Champion Road

Document number R8050, agenda pages 28 - 35 refer.

Attendance: Councillor Barker declared an interest and left the table at 9.23am.

Team Leader Property Peter Hunter spoke to the report, tabled an A3 map of the proposed easements (A1816364) and answered questions.

Resolved SPO/2017/081

That the Committee

Receives the report Saxton Creek Easements – Network Tasman Limited and 187 Champion Road & 205 Champion Road (R8050), and its attachments (A1798973, A1798985 and A1798991).

Rutledge/McGurk Carried

Attachments

1 A1816364 - GIS map of Proposed Easements - Saxton Creek Upgrade

Recommendation to Council SPO/2017/082

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 in red (Attachment Two, A1798985) of Esplanade Reserve within Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; 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.

Rutledge/McGurk Carried

10. Exclusion of the Public

Resolved SPO/2017/083

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Walker/Fulton Carried

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Status Report - Sports and Recreation Committee - Public Excluded - 22 August 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)

Campgrounds - Advice from Commercial Subcommittee

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)

The meeting went into public excluded session at 9.29am and resumed in public session at 10.02am.

11. Re-admittance of the Public

Resolved SPO/2017/084

That the Committee

Re-admits the public to the meeting.

McGurk/Walker Carried

There being no further business the meeting ended at 10.03am.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Joint Shareholders Committee

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

On Tuesday 22 August 2017, commencing at 1.33pm

Present: His Worship the Mayor of Tasman R Kempthorne (Chairperson), Tasman District Councillors S Bryant and T Tuffnell, Her Worship the Mayor of Nelson (R Reese), Nelson City Councillors P Matheson, I Barker, M Courtney, G Noonan, and T Skinner

In Attendance: Tasman District Council: Councillor D McNamara, Chief Executive (L McKenzie), and Corporate Services Manager (M Drummond)

Nelson City Council: Councillor S Walker, Acting Chief Executive (D Hammond), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), and Governance Adviser (E-J Ruthven)

Apologies: Tasman District Councillors P Canton, T King, and D Ogilvie

1. Apologies

Resolved JSC/2017/011

That the Committee

Receives and accepts the apologies from Councillors Canton, King and Ogilvie.

Tuffnell/Matheson Carried

2. Confirmation of Order of Business

It was noted that items on the public excluded agenda would be taken in a different order than they appeared on the agenda.

It was further noted that the covering page of the agenda should be corrected to reflect that Mayor Kempthorne would chair the meeting, and there was no deputy chairpersons for the committee.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 11 April 2017

Document number M2493, agenda pages 7 - 12 refer.

A correction was noted to the list of those present at the meeting, to remove the reference to Chairperson after Mayor Kempthorne, and to remove the reference to Deputy Chairperson after Councillor Matheson.

Resolved JSC/2017/012

That the Committee

Confirms the amended minutes of the meeting of the Committee, held on 11 April 2017, as a true and correct record.

Her Worship the Mayor/Bryant Carried

6. Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust

Document number R8057, agenda pages 13 - 40 refer.

Nelson City Council Group Manager Community Services, Chris Ward, presented the report and answered questions.

Resolved JSC/2017/013

That the Committee

Receives the report Adoption of Final Statement of Intent and Trustee Remuneration: Tasman Bays Heritage Trust (R8057) and its attachment (A1724081); and

Approves the draft Statement of Intent (A1724081) of the Tasman Bays Heritage Trust as the Final Statement of Intent for the 2017/18 year; and

Confirms that the Trustees’ remuneration pool for the Tasman Bays Heritage Trust be increased by 1.3% (being the annual Consumer Price Index change to December 2016) to a maximum of $63,210 for the 2017/18 financial year.

Barker/Courtney Carried

7. Exclusion of the Public

It was noted that representatives of Nelson Airport and Port Nelson would be in attendance for items on the public excluded agenda and, accordingly, the following resolution was required to be passed:

Resolved JSC/2017/014

That the Committee

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that:

· Phil Lough, Martin Byrne and Daryl Wehner remain after the public has been excluded, for Item 4 of the Public Excluded agenda (Port Nelson Limited draft Statement of Corporate Intent 2017/20), as they have knowledge that will assist the Council; and

· Paul Steere, Rob Evans and Simon Orr remain after the public has been excluded, for Item 6 of the Public Excluded agenda (Nelson Airport Limited - Statement of Intent 2017/18), as they have knowledge that will assist the Council; and

Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, the knowledge that

· Phil Lough, Martin Byrne and Daryl Wehner possess relates to the Port Nelson draft Statement of Corporate Intent 2017/20; and

· Paul Steere, Rob Evans and Simon Orr possess relates to the Nelson Airport Limited Statement of Intent 2017/18.

Her Worship Mayor Reese/His Worship Mayor Kempthorne Carried

Resolved JSC/2017/015

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Her Worship Mayor Reese/His Worship Mayor Kempthorne 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)

Joint Shareholders Committee Meeting - Public Excluded Minutes - 11 April 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).

Port Nelson Limited draft Statement of Corporate Intent 2017/20

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)

Port Nelson Limited Directors reappointments

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

Nelson Airport Limited - Statement of Intent 2017/18

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

Nelson Airport Limited Director reappointments

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

Directors remuneration 2017 - Port Nelson Ltd and Nelson Airport Ltd

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(i)

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

The meeting went into public excluded session at 1.47pm and resumed in public session at 3.28pm.

8. Re-admittance of the Public

Resolved JSC/2017/016

That the Committee

Re-admits the public to the meeting.

Noonan/Tuffnell Carried

There being no further business the meeting ended at 3.28pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Works and Infrastructure Committee

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

On Thursday 24 August 2017, commencing at 9.02am

Present: Councillors S Walker (Chairperson), L Acland, B Dahlberg, M Lawrey, P Matheson (Deputy Chairperson), G Noonan, and T Skinner

In Attendance: Councillors I Barker and B McGurk, Group Manager Infrastructure (A Louverdis), Senior Asset Engineer – Utilities (P Ruffell), Administration Adviser (L Canton), and Youth Councillors (S Cronin and L Amos)

Apology: Her Worship the Mayor R Reese

1. Apologies

Resolved WI/2017/043

That the Committee

Receives and accepts the apology from Her Worship the Mayor Reese.

Skinner/Noonan Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

Attendance: Councillor Lawrey joined the meeting at 9.03am.

4. Public Forum

4.1 Rodney Laing and Heather Agnew - New Zealand Post

Rodney Laing, New Zealand Post Area Manager Nelson/Tasman, and Heather Agnew, New Zealand Post Paxster Implementation Specialist, gave a presentation (A1817728) on behalf of New Zealand Post about using Paxsters (motorised vehicles) for delivery on Nelson footpaths. They tabled a document (A1817717) and answered questions relating to the use of Paxters in other centres.

Resolved WI/2017/044

That the Committee

Requests an officer report to a future Committee meeting on New Zealand Post’s application for the footpath operation of electrical vehicles in Nelson.

Walker/Noonan Carried

Attachments

1 A1817717 - tabled document - New Zealand Post Integrated Delivery Agent Summary

2 A1817728 - presentation - New Zealand Post Application for Footpath Operation of Paxster Electric Vehicle

5. Confirmation of Minutes

5.1 29 June 2017

Document number M2727, agenda pages 7 - 11 refer.

Resolved WI/2017/045

That the Committee

Confirms the minutes of the meeting of the Works and Infrastructure Committee, held on 29 June 2017, as a true and correct record.

Matheson/Dahlberg Carried

6. Status Report - Works and Infrastructure Committee - 24 August 2017

Document number R8237, agenda pages 12 - 14 refer.

Group Manager Infrastructure, Alec Louverdis, answered questions about the Church Street Improvement item.

Resolved WI/2017/046

That the Committee

Receives the Status Report Works and Infrastructure Committee 24 August 2017 (R8237) and its attachment (A1150321).

Noonan/Dahlberg Carried

7. Chairperson's Report

Document number R8246, agenda pages 15 - 16 refer.

Resolved WI/2017/047

That the Committee

Receives the Chairperson's Report (R8246).

Walker/Dahlberg Carried

8. Draft Utilities Asset Management Plans 2018-28 (Water Supply, Wastewater, Stormwater and Flood Protection)

Document number R8117, agenda pages 17 - 136 refer.

Senior Asset Engineer – Utilities, Phil Ruffell, presented the report and answered questions relating to flood modelling, wastewater budget, and the water supply testing regime and leakage index.

Resolved WI/2017/048

That the Committee

Receives the report Draft Utilities Asset Management Plans 2018-28 (Water Supply, Wastewater, Stormwater and Flood Protection) (R8117) and its attachments (Draft 2018-28 Water Supply Asset Management Plan (A1813747 and A1620958), Draft 2018-28 Wastewater Asset Management Plan (A1810562 and A1611752), Draft 2018-28 Stormwater and Flood Protection Asset Management Plan (A1809215 and A1711433)).

Dahlberg/Skinner Carried

Recommendation to Council WI/2017/049

That the Council

Approves the Draft Utilities Asset Management Plans 2018-28 (Water Supply (A1620958), Wastewater (A1611752), Stormwater and Flood Protection (A1711433)) as the versions to inform the Long Term Plan 2018-28.

Dahlberg/Skinner Carried

9. Exclusion of the Public

Resolved WI/2017/050

That the Council

Excludes the public from the following parts of the proceedings of this meeting.

Skinner/Dahlberg 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)

Status Report - Public Excluded - Works and Infrastructure Committee- 24 August 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)(i)

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

Road Stopping - Lud Valley

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

The meeting went into public excluded session at 10.03am and resumed in public session at 10.22am.

10. Re-admittance of the Public

Resolved WI/2017/051

That the Committee

Re-admits the public to the meeting.

Acland/Noonan Carried

There being no further business the meeting ended at 10.22am.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Community Services Committee

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

On Thursday 31 August 2017, commencing at 9.04am

Present: Councillor G Noonan (Chairperson), Councillors M Courtney (Deputy Chairperson), M Lawrey, B McGurk, P Matheson and M Rutledge

In Attendance: Councillors I Barker, B Dahlberg, T Skinner and S Walker, Acting Chief Executive (D Hammond), Group Manager Infrastructure (A Louverdis), Senior Strategic Adviser (N McDonald), Manager Community Partnerships (S Raggett), Manager Building (M Brown), Manager Parks and Facilities (R Bartlett), Manager Communications (P Shattock), Team Leader Project Management (S Whyte), Senior Asset Analyst (D Bartkowiak), Community Partnerships Adviser (S Stiles), Leases Officer (J Read), Property and Facilities Asset Planner (J Edmondson), Administration Advisers (J McDougall and E Stephenson) and Youth Councillor Chekodi Fearnley- Fitzgerald

Apologies: Her Worship the Mayor R Reese and Councillor Fulton

1. Apologies

Resolved CS/2017/053

That the Committee

Receives and accepts the apologies from Her Worship the Mayor and Councillor Fulton.

Noonan/Courtney Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 13 July 2017

Document number M2753, agenda pages 7 - 13 refer.

Resolved CS/2017/054

That the Committee

Confirms the minutes of the meeting of the Community Services Committee, held on 13 July 2017, as a true and correct record.

McGurk/Courtney Carried

6. Status Report - Community Services Committee - 31 August 2017

Document number R8257, agenda pages 14 - 16 refer.

Resolved CS/2017/055

That the Committee

Receives the Status Report Community Services Committee 31 August 2017 (R8257) and its attachment (A1157454).

Courtney/Rutledge Carried

7. Chairperson's Report

Document number R8258, agenda pages 17 - 19 refer.

The Chairperson presented the report.

Resolved CS/2017/056

That the Committee

Receives the Chairperson's Report (R8258).

Noonan/McGurk Carried

Community Development

8. Ministry of Youth Development Partnership Fund - Budget Allocation

Document number R8187, agenda pages 20 - 43 refer.

Community Partnerships Adviser, Steve Stiles, presented the report and answered questions about the application process, applicant groups and funding.

Resolved CS/2017/057

That the Committee

Receives the report Ministry of Youth Development Partnership Fund - Budget Allocation (R8187) and its attachment (A1812296); and

Approves the allocation of partnership funding of $24,000 for the application to the Ministry of Youth Development Partnership Fund for 2017/18 from existing budgeted allocations.

Rutledge/Courtney Carried

9. Draft Community Partnerships Activity Management Plan 2018-28

Document number R7926, agenda pages 44 - 69 refer.

Manager Community Partnerships, Shanine Raggett presented the report.

Resolved CS/2017/058

That the Committee

Receives the report Draft Community Partnerships Activity Management Plan 2018-28 (R7926) and its attachment (A1766398).

McGurk/Courtney Carried

Recommendation to Council CS/2017/059

That the Council

Approves the Draft Community Partnerships Activity Management Plan 2018-28 (A1766398) as the version to inform the Long Term Plan 2018-28.

McGurk/Courtney Carried

REPORTS FROM COMMITTEES

10. Draft Property and Facilities Asset Management Plan 2018-28

Document number R8251, agenda pages 70 - 103 refer.

Manager Parks and Facilities, Rosie Bartlett and Property and Facilities Asset Planner, Jock Edmondson presented the report and answered questions regarding the overall vision, categorisation, community housing, usage of facilities, and financial data for the Asset Management Plan.

Group Manager Infrastructure, Alec Louverdis, answered questions about the crematorium and the Trafalgar Centre.

Senior Strategic Adviser Nicky McDonald answered a question about community housing and the Long Term Plan.

Attendance: Councillor Lawrey left the meeting from 9.56am to 9.58am.

Resolved CS/2017/060

That the Committee

Receives the report Draft Property and Facilities Asset Management Plan 2018-28 and its attachments (A1819948 and A1654726).

Courtney/Noonan Carried

Recommendation to Council CS/2017/061

That the Council

Approves the Draft Property and Facilities Asset Management Plan 2018-28 (A1654726), as the version to inform the Long Term Plan 2018-28.

Courtney/Noonan Carried

11. Community Investment Funding Panel - 5 July 2017

Document number M2743, agenda pages 104 - 110 refer.

Resolved CS/2017/062

That the Council

Receives the unconfirmed minutes of a meeting of the Community Investment Funding Panel, held on 5 July 2017.

Noonan/Courtney Carried

12. Exclusion of the Public

Resolved CS/2017/063

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Rutledge/Lawrey 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)

Greenmeadows Centre: User Agreements for Stoke Rugby Football Club, Nelson Cricket Association and Stoke Seniors

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)

Greenmeadows Centre - Kitchen alterations and emergency power provision

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(i)

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

The meeting went into public excluded session at 10.26am and resumed in public session at 11.53am.

13. Re-admittance of the Public

Resolved CS/2017/064

That the Committee

Re-admits the public to the meeting.

Rutledge/McGurk Carried

There being no further business the meeting ended at 11.54am.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Governance Committee

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

On Thursday 7 September 2017, commencing at 9.01am

Present: Councillor I Barker (Chairperson), Her Worship the Mayor R Reese, Councillors M Courtney, B Dahlberg (Deputy Chairperson), G Noonan, M Rutledge and T Skinner

In Attendance: Councillor S Walker, Acting Chief Executive (D Hammond), Senior Strategic Adviser (N McDonald), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), and Governance Advisers (EJ Ruthven and E Stephenson)

Apology: Councillor P Matheson

1. Apologies

Resolved GOV/2017/055

That the Committee

Receives and accepts the apology from Councillor Matheson.

Noonan/Dahlberg Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register.

Councillor Noonan indicated she may have an interest with an item on the public excluded agenda. No further interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 27 July 2017

Document number M2775, agenda pages 7 - 11 refer.

Resolved GOV/2017/056

That the Committee

Confirms the minutes of the meeting of the Governance Committee, held on 27 July 2017, as a true and correct record.

Courtney/Rutledge Carried

6. Status Report - Governance - 7 September 2017

Document number R8288, agenda pages 11 - 13 refer.

Group Manager Community Services, Chris Ward, presented the report and noted an update on prospective third party funding was anticipated by the end of the year.

Resolved GOV/2017/057

That the Committee

Receives the Status Report Governance Committee 7 September 2017 (R8288) and its attachment (A1160658).

Rutledge/Noonan Carried

7. Chairperson's Report

There was no Chairperson’s Report.

Governance

8. Uniquely Nelson Memorandum of Understanding 2017/18

Document number R6488, agenda pages 14 - 36 refer.

Attendance: Her Worship the Mayor joined the meeting at 9.08am.

Simon Duffy, Justine Kennard and Steve Moody, of Uniquely Nelson, joined the meeting. They gave a demonstration of a new website in development, and spoke about Uniquely Nelson activities. They noted the importance of retailers having an online presence, and answered questions.

Group Manager Community Services, Chris Ward, presented the report and answered questions about the Memorandum of Understanding and Uniquely Nelson’s relationship with the Nelson Regional Development Agency.

Resolved GOV/2017/058

That the Committee

Receives the report Uniquely Nelson Memorandum of Understanding 2017/18 (R6488) and its attachments (A1818573 and A1730720).

Courtney/Skinner Carried

Recommendation to Council GOV/2017/059

That the Council

Approves the Uniquely Nelson Memorandum of Understanding 2017-18 (A1818573).

Her Worship the Mayor/Noonan Carried

9. Significance and Engagement Policy

Document number R8100, agenda pages 37 - 49 refer.

Attendance: Her Worship the Mayor left the meeting from 10.14am to 10.15am.

Policy Coordinator, Jane Loughnan, presented the report and answered questions.

Resolved GOV/2017/060

That the Committee

Receives the report Significance and Engagement Policy (R8100) and its attachments (A1766622 and A1810631);

Rutledge/Dahlberg Carried

Recommendation to Council GOV/2017/061

That the Council

Adopts the amended Significance and Engagement Policy (A1766622); and

Approves the summary of the Significance and Engagement Policy (A1810631)

Rutledge/Dahlberg Carried

10. International Relationships Policy

Document number R8047, agenda pages 50 - 67 refer.

Group Manager Community Services, Chris Ward, presented the report and answered questions.

During discussion, the following changes to the policy were agreed:

· Appendix 3, to include an additional point “As necessary, to accompany the Mayor and other delegates when making visits to Sister Cities”; and

· Appendix 4, clause 4(3) to be re-worded to state “The Whakatu Marae could also potentially offer a cultural experience for official visits”.

Resolved GOV/2017/062

That the Committee

Receives the report International Relationships Policy (R8047) and its attachment (A1496780); and

Approves the Draft International Relationships Policy (A1496780) for consultation, as amended.

Dahlberg/Courtney Carried

Finance

11. Rates remissions for the year ending 30 June 2017

Document number R8215, agenda pages 68 - 81 refer.

Group Manager Corporate Services, Nikki Harrison, and Rates Officer, Theo Aitken, presented the report and answered questions.

Attendance: Councillor Noonan left the meeting from 10.50am to 10.54am.

Resolved GOV/2017/063

That the Committee

Receives the report Rates Remission for the year ending 30 June 2017 (R8215) and its attachments (A1793175, A1383906 and A1483852).

Rutledge/Noonan Carried

12. Exclusion of the Public

Resolved GOV/2017/064

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Rutledge/Noonan 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)

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.

Bishop Suter Trust - Appointment of Trustee

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

Nelmac Limited Director reappointments

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

Nelmac Limited Directors remuneration - 2017/18

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(i)

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

The meeting went into public excluded session at 10.58am and resumed in public session at 12.13pm.

13. Re-admittance of the Public

Resolved GOV/2017/065

That the Committee

Re-admits the public to the meeting.

Barker/Rutledge Carried

There being no further business the meeting ended at 12.13pm

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Audit, Risk and Finance Subcommittee

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

On Friday 8 September 2017, commencing at 9.59am

Present: Mr J Peters (Chairperson), Her Worship the Mayor R Reese, and Councillors I Barker, B Dahlberg and Mr J Murray

In Attendance: Councillors G Noonan and S Walker, Acting Chief Executive (D Hammond), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), Manager Organisational Assurance and Emergency Management (R Ball) and Governance Adviser (L Canton)

Apologies: Nil

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 27 June 2017

Document number M2711, agenda pages 9 - 18 refer.

Resolved AUD/2017/037

That the Subcommittee

Confirms the minutes of the meeting of the Audit, Risk and Finance Subcommittee, held on 27 June 2017, as a true and correct record.

Murray/Dahlberg Carried

6. Status Report - Audit Risk and Finance Subcommittee - 8 September 2017

Document number R8299, agenda pages 19 - 21 refer.

Attendance: Her Worship the Mayor joined the meeting at 10.04am

Resolved AUD/2017/038

That the Subcommittee

Receives the Status Report Audit, Risk and Finance Subcommittee 8 September 2017 (R8299) and its attachment (A1753947).

Barker/Dahlberg Carried

7. Chairperson's Report

Attendance: Her Worship the Mayor left the meeting at 10.05am.

The Chairperson gave a brief oral report.

8. Internal Audit Quarterly Report to 30 June 2017

Document number R7588, agenda pages 22 - 37 refer.

Internal Audit Analyst, Lynn Anderson, presented the report and answered questions about the audit recommendations and internal processes.

Attendance: Her Worship the Mayor returned to the meeting at 10.15am.

Resolved AUD/2017/039

That the Subcommittee

Receives the report Internal Audit Quarterly Report to 30 June 2017 (R7588) and its attachment (A1813237); and

Notes that a Subcommittee workshop on the Internal Audit Plan has been scheduled for 14 September 2017.

Barker/Dahlberg Carried

9. Internal Audit - Summary of New or Outstanding Significant Risk Exposures and Control Issues 30 June 2017

Document number R8239, agenda pages 38 - 41 refer.

Internal Audit Analyst, Lynn Anderson presented the report. Ms Anderson and Risk and Procurement Analyst, Steve Vaughan, answered questions.

It was suggested that the delegations issue identified in the report should be addressed as a priority, to better avoid project delivery delays caused by the current lengthy decision-making process for project changes.

Resolved AUD/2017/040

That the Subcommittee

Receives the report Internal Audit - Summary of New or Outstanding Significant Risk Exposures and Control Issues 30 June 2017 (R8239) and its attachment (A1813245).

Murray/Dahlberg Carried

Recommendation to Council AUD/2017/041

That the Council

Dahlberg/Barker

10. Service Delivery Review Quarterly Progress Update - September 2017

Document number R7771, agenda pages 42 - 66 refer.

Policy Adviser, Gabrielle Thorpe presented the report. Ms Thorpe, Senior Strategic Adviser, Nicky McDonald and Group Manager Corporate Services, Nikki Harrison, answered questions about the services reviewed.

It was noted that Section 17a reviews were conducted at a point in time and the Planning and City Development review did not align with Council’s City Vision discussions as it was undertaken before those discussions were completed.

Resolved AUD/2017/042

That the Subcommittee

Receives the report Service Delivery Review Quarterly Progress Update - September 2017 (R7771) and its attachments (A1748571, A1772835, A1809382, A1806918 and A1810637).

Murray/Dahlberg Carried

11. Council Key Risks Quarterly Report 2 Calendar 2017

Document number R8236, agenda pages 67 - 84 refer.

Risk and Procurement Analyst, Steve Vaughan, presented the report and answered questions about the identified risks and management of controls.

Resolved AUD/2017/043

That the Subcommittee

Receives the report Council Key Risks Quarterly Report 2 Calendar 2017 and its attachment (A1811819).

Murray/Dahlberg Carried

12. Health Safety and Wellbeing; Quarterly Report

Document number R8220, agenda pages 85 - 97 refer.

Health and Safety Adviser, Malcolm Hughes, presented the report noting updates since 30 June 2017 to the following items in the report:

· Over Speed Events 2016-17 (item 5b of Attachment 1) were now below 1 event per 100km

· Outstanding H&S Actions (InControl) (item 7 of Attachment 1) had decreased to 13 events in the “Over due > 3mths” category and 18 events in the “Over due < 3mths” category.

Mr Hughes answered questions about the statistics in the report.

It was requested that officers give further consideration to measures to reduce the number of security related incidents at the libraries.

Resolved AUD/2017/044

That the Subcommittee

Receives the report Health Safety and Wellbeing; Quarterly Report (R8220) and its attachment (A1775723).

Peters/Dahlberg Carried

Resolved AUD/2017/045

That the Subcommittee

Requests that officers report back to the subcommittee on security related events at Council libraries including details of controls and treatments.

Dahlberg/Barker Carried

Recommendation to Council AUD/2017/046

That the Council

Notes the report Health Safety and Wellbeing; Quarterly Report (R8220) and its attachment (A1775723); and

Acknowledges the assessment of critical health and safety risks contained in the attachment (A1775723).

Dahlberg/Barker Carried

13. Carry Forwards 2016/17

Document number R7004, agenda pages 98 - 107 refer.

Attendance: Councillor Barker left the meeting at 11.52am.

Senior Accountant, Tracey Hughes, and Manager Capital Projects, Shane Davies, presented the report. Ms Hughes, Mr Davies, and Group Manager Infrastructure, Alec Louverdis, answered questions.

Attendance: Councillor Barker returned to the meeting at 11.53am.

Resolved AUD/2017/047

That the Subcommittee

Receives the report Carry Forwards 2016/17 (R7004) and its attachments (A1801073 and A1801504).

Barker/Dahlberg Carried

Recommendation to Council AUD/2017/048

That the Council

Approves the carry forward of $6,298,000 unspent capital budget for use in 2017/18; and

Approves the offsetting of $268,021 of capital spent in 2016/17 against 2017/18 budgets; and

Approves the carry forward of $1,812,113 of unspent operating budget for use in 2017/18; and

Notes savings in 2016/17 capital expenditure of $2,187,000.

Barker/Dahlberg Carried

14. Draft Annual Report 2016/17

Document number R7805, agenda pages 202 - 205 refer.

Senior Accountant, Tracey Hughes, and Policy Coordinator, Jane Loughnan, presented the report and answered questions.

Resolved AUD/2017/049

That the Subcommittee

Receives the report Draft Annual Report 2016/17 (R7805) and its attachment (A1703959); and

Relinquishes its delegation in regard to recommending the adoption of the Draft Annual Report 2016/17, provided that there are no material changes to the draft resulting from the audit.

Barker/Murray Carried

Recommendation to Council AUD/2017/050

That the Council

Notes the draft Annual Report 2016/17 has been prepared and will be audited before being presented to Council for adoption; and

Notes that if there are material changes to the draft resulting from the audit, these will be brought back to the Audit Risk and Finance Subcommittee on 28 September 2017; and

Barker/Murray Carried

15. Results of 2017 Residents Survey

Document number R7968, agenda pages 108 - 201 refer.

Resolved AUD/2017/051

That the Subcommittee

Defers the item Results of 2017 Residents Survey (R7968) and its attachment (A1789495) to be considered at the Audit, Risk and Finance Subcommittee meeting to be held on 28 September 2017.

Peters/Dahlberg Carried

16. Exclusion of the Public

Resolved AUD/2017/052

That the Subcommittee

Excludes the public from the following parts of the proceedings of this meeting.

Murray/Dahlberg 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)

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).

Service Delivery Review Quarterly Progress Update

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(i)

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

The meeting went into public excluded session at 12.25pm and resumed in public session at 12.32pm.

17. Re-admittance of the Public

Resolved AUD/2017/053

That the Subcommittee

Re-admits the public to the meeting.

Peters/Murray Carried

There being no further business the meeting ended at 12.32pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Chief Executive Employment Committee

Held in Ruma Ana, Civic House, 110 Trafalgar Street, Nelson

On Friday 8 September 2017, commencing at 2.00pm

Present: Her Worship the Mayor R Reese (Chairperson) and Councillor B Dahlberg

In Attendance: Councillor S Walker, Acting Chief Executive (D Hammond), Manager People and Capability (S Vincent), Team Leader Governance (R Byrne) and External Consultant (P Bell)

Apologies: Councillors Luke Acland and Paul Matheson

1. Apologies

Resolved CEE/2017/036

That the Committee

Receives and accepts the apologies from Councillors Acland and Matheson.

Her Worship the Mayor/Dahlberg Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 8 May 2017 – Extraordinary Meeting

Document number M2561, agenda pages 8 - 10 refer.

Resolved CEE/2017/037

That the Committee

Confirms the minutes of the extraordinary meeting of the Chief Executive Employment Committee, held on 8 May 2017, as a true and correct record.

Dahlberg/Her Worship the Mayor Carried

5.2 16 May 2017

Document number M2579, agenda pages 11 - 15 refer.

Resolved CEE/2017/038

That the Committee

Confirms the minutes of the meeting of the Chief Executive Employment Committee, held on 16 May 2017, as a true and correct record.

Dahlberg/Her Worship the Mayor Carried

5.3 13 June 2017 - Extraordinary Meeting

Document number M2672, agenda pages 16 - 18 refer.

Resolved CEE/2017/039

That the Committee

Confirms the minutes of the extraordinary meeting of the Chief Executive Employment Committee, held on 13 June 2017, as a true and correct record.

Her Worship the Mayor/Dahlberg Carried

6. Chairperson's Report

The Chair gave a verbal report and acknowledged the smooth transition the Acting Chief Executive had made in a high pressure Council cycle.

7. Exclusion of the Public

Paul Bell of Intepeople was in attendance for items of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved CEE/2017/040

That the Committee

Confirms, in accordance with section 48(5) of the Local Government Official Information and Meetings Act 1987, that Paul Bell of Intepeople remain after the public has been excluded, for the Public Excluded agenda, as he has knowledge that will assist the Committee;

Notes, in accordance with section 48(6) of the Local Government Official Information and Meetings Act 1987, that the knowledge that Paul Bell possesses relates to the Acting Chief Executive’s performance.

Her Worship the Mayor/Dahlberg Carried

Resolved CEE/2017/041

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Her Worship the Mayor/Dahlberg 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)

Extraordinary Chief Executive Employment Committee Meeting - Public Excluded Minutes - 8 May 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.

Chief Executive Employment Committee Meeting - Public Excluded Minutes - 16 May 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)(c)(i)

· Section 7(2)(a)

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

Extraordinary Chief Executive Employment Committee Meeting - Public Excluded Minutes - 13 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).

People Metrics for quarter ending 30 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)(c)(i)

Staff Survey - Summary of Findings

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

Acting Chief Executive Report to 31 August 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 2.10pm and resumed in public session at 3.35pm.

8. Re-admittance of the Public

Resolved CEE/2017/042

That the Committee

Re-admits the public to the meeting.

Her Worship the Mayor/Dahlberg Carried

There being no further business the meeting ended at 3.35pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Minutes of a meeting of the Nelson Tasman Civil Defence Emergency Management Group

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

On Tuesday 1 August 2017, commencing at 9.00am

Present: Her Worship the Mayor R Reese, Nelson City Councillor P Matheson, His Worship the Mayor of Tasman R Kempthorne and Tasman District Councillor T King

In Attendance: Acting Chief Executive (D Hammond), Councillor Mel Courtney, Nelson City Council Group Manager Infrastructure (A Louverdis), Group Manager Corporate Services (N Harrison), Senior Strategic Adviser (N McDonald), , Emergency Management Officer (R Ball), Policy Advisor, (G Thorpe), and Administration Adviser (R Byrne), Tasman District Council Corporate Services Manager (M Drummond) and Governance Services Officer (H Simpson)

1. Apologies

Apologies were received for absence for lateness from Nelson City Council Mayor R Reese and Tasman District Council Deputy Mayor T King.

2. Interests

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

3. Confirmation of Minutes

3.1 11 April 2017

Document number M2497, agenda pages 5 - 10 refer.

MOVED Cr Matheson/Mayor Kempthorne

That the Civil Defence & Emergency Management Group

Confirms the minutes of the meeting of the Committee, held on 11 April 2017, as a true and correct record.

CARRIED

4. Civil Defence Emergency Management draft Group Plan

Document number R7933, agenda pages 11 - 105 refer.

Attendance: Tasman District Councillor King joined the meeting at 9.05am.

The idea of a centralised Incident Management Team (IMT) was discussed. Mr Ball said that while having a more deployable centralised team would be beneficial, he would not recommend letting local arrangements fall away. He said that mixed models had proven to be successful with a centrally run IMT, while maintaining local volunteer capacity who understood local hazards. Councillors agreed that community response was beneficial and important to maintain. They discussed the necessity of maintaining these teams with regular training and resourcing.

Councillors discussed promoting regular, small stories about Civil Defence Emergency Management (CDEM) locally particularly during peace time, to give awareness of Civil Defence and their profile and to keep the public’s consciousness that CDEM is working well.

Resilience of relay teams was discussed and long term resourcing of Community Controllers in isolated areas, particularly St Arnaud, Takaka and Murchison. Councillors discussed appointing controllers at large, who could be based anywhere. Mr Ball said that positions were resourced locally, with the exception of Murchison, which was the preference. He said that the Murchison community have acknowledged the difficulty with resourcing locally for the Murchison area. He said that in smaller communities, there is an issue with people already undertaking duplicate roles and uptake for Controller roles is low. One suggestion is to consider providing a small honorarium for the roles, which at present are completely voluntary. Councillors discussed the effectiveness of this incentive, which is used by Tasman District Council with community groups.

In response to a question, Mr Ball gave a summary of the process under the amended Act from emergency declaration to recovery. He said the Declaration of Emergency covers the response phase and once that expires the declaration gives power to the Emergency Manager. Mr Ball said that the amendment to the Act turns that role into a statutory appointment with powers by legislation, rather than just relying on those under delegation. He said that the process is essentially the same as the declaration process, with the District Mayor as most effective, followed by the Deputy Mayor and so on.

In response to a question, Nelson City Council Policy Adviser, Gabrielle Thorpe, said that CDEM had thought about information sharing and joint communications between the two Councils.

The importance of keeping the community aware while an event is happening was discussed. Councillors discussed using conference calling from CDEM to local areas and asked whether this had been written into the plan. Mr Ball said that level of operational detail had not been written into the plan but that this was the process that CDEM follow. He said that this is written into the Standard Operating Procedures (SOP) as a step for the Duty Officer or Controller to operate.

In response to a question, Mr Ball confirmed that if the group has not declared an emergency then the Minister can declare a transition notice. He said that groups tended to err on the side of caution with a trend towards declaring earlier rather than later, particularly following recent emergency events of the last 5 years.

Councillors discussed including additional wording within the Controller at Large section to describe the operation supporting that role. They agreed to leave the matter of an honorarium as a discretionary function of each Council through their Long Term Plan processes.

They also discussed separate communication to the 5 year plan, packaged in a way that is enabling, empowering and supportive to the local community.

Councillors noted some minor corrections grammar and figures.

Attendance: Nelson City Council Mayor Reese joined the meeting at 9.55am.

MOVED Cr Matheson/Cr King

That the Civil Defence Emergency Management Group

Receives the report Civil Defence Emergency Management draft Group Plan (R7933) and its attachment (A1794436); and

Approves release of the draft CDEM Group Plan for public consultation.

CARRIED

5. Copy of the report of the Group Emergency Management Office to the CDEM Coordinating Executive Group

Document number R8126, agenda pages 106 - 129 refer.

Funding for Alpine Fault Planning was discussed. Mr Ball said that an event caused by the southern alpine fault was considered to be of low likelihood, but that it would be a large scale event with considerable resourcing requirements.

Councillors again discussed the idea of an honorarium for Controller roles and also discussed funding for Lifelines.

Councillors noted an agreement had been signed to ensure continuity with incident management support groups such as Rural Fire. They also noted Alec Louverdis had completed steps to become a Group Controller and commended him on having been awarded national credentials.

In response to a question, Mr Ball advised Councillors that the reserve fund total was approximately $1million. He said that the total that needs to be retained for depreciation is about half of that amount and that there was potential to use some of the overhead to fund increase or spread over time.

The balance of the report was taken as read.

MOVED Cr King / Cr Matheson

That the CDEM Group

Receives the Report of the Emergency Management Office (R8126); and

Agrees that the CDEM Group should continue to provide personnel and access to the Emergency Operations Centre to support Fire and Emergency NZ; and

Appoints Paul Shattock as the Group’s Public Information Manager for the year July 2017-June 2018.

CARRIED

Reports From Committees

6. CDEM CEG (Coordinating Executive Group) - 14 July 2017

Document number M2760, agenda pages 130 - 135 refer.

Moved Cr Matheson/Cr King

That the CDEM Group

Receives the unconfirmed minutes of a meeting of the CDEM CEG (Coordinating Executive Group), held on 14 July 2017.

CARRIED

7. Exclusion of the Public

MOVED Cr King / Cr Matheson

That the CDEM Group

Excludes the public from the following parts of the proceedings of this meeting.

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Civil Defence Emergency Management Group Meeting - Public Excluded Minutes - 11 April 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.

CARRIED

The meeting went into public excluded session at 9.55am and resumed in public session at 10.00am.

Please note that as the only business transacted in public excluded was to confirm the minutes, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act 1987, no reason for withholding this information from the public exists.

MOVED Cr King/Cr Matheson

That the CDEM Group

Confirms the minutes of part of the meeting of the Civil Defence Emergency Management Group meeting, held with the public excluded on 11 April 2017, as a true and correct record.

CARRIED

8. Re-admittance of the Public

MOVED Cr King/Cr Matheson

That the CDEM Group

Re-admits the public to the meeting.

CARRIED

Tasman District Council Mayor Kempthorne thanked staff for their time and for presenting to the Committee. He provided a brief update of the meeting he had with Civil Defence Minister Nathan Guy at the recent Local Government New Zealand Conference. He said that there had been general discussion about regional civil defence with Nelson Tasman an example of two unitary authorities with joint management. The Minister had been interested to hear the management of that model works well.

Councillors discussed input across New Zealand to the Technical Advisory Group regarding the level of investment made into Civil Defence. Mr Ball said that he hoped that point had been well made throughout this process. He said that Ministry staff had asked for collective input and that input was given from controllers around investment in CDEM operatives and particularly professional development. Initial findings from the review should be available in the next month or so.

There being no further business the meeting ended at 10.13am.

Confirmed as a correct record of proceedings:

Chairperson Date

Option 1: Vote, as shareholder, for the sale of Civic Assurance House to proceed
Advantages	· Potential dividend to Council of $90,235 · Civic Financial Services would not have to deal with the earthquake strengthening of the building
Risks and Disadvantages	· Reduces Civic’s income stream going forward and therefore potential for dividend to Council
Option 2: Vote, as shareholder, for the sale of Civic Assurance House not to proceed
Advantages	· Retains income stream for Civic
Risks and Disadvantages	· Unlikely that Council would ever be able to ‘cash out’ of Civic holding and a dividend goes part way to doing this.