Agenda of Planning and Regulatory Committee

N-logotype-black-wide Planning and Regulatory Committee

5 April 2018

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 22 February 2018 7 - 15

Document number M3291

Recommendation

That the Planning and Regulatory Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 22 February 2018, as a true and correct record.

6. Status Report - Planning and Regulatory Committee - 5 April 2018 16 - 18

Document number R9169

Recommendation

That the Planning and Regulatory Committee

Receives the report Status Report - Planning and Regulatory Committee - 5 April 2018 (R9169) and its attachment (A1736802).

7. Chairperson's Report

8. National Policy Statement - Urban Development Capacity Quarterly Monitoring Report 19 - 40

Document number R8924

Recommendation

That the Planning and Regulatory Committee:

Receives the report National Policy Statement - Urban Development Capacity Quarterly Monitoring Report (R8924) and its attachment A1927466; and

Agrees to the report being circulated to the Ministry of Business, Innovation and Employment and placed on Council’s website.

9. Draft Water Quality Primary Contact Targets 41 - 48

Document number R8846

Recommendation

That the Planning and Regulatory Committee:

Receives the report Draft Water Quality Primary Contact Targets (R8846) and its attachments (A1924208 and A1923665); and

Notes the draft water quality primary contact targets of 100% for E-coli in Nelson’s fourth order rivers; and

Authorises officers to consult on water quality targets as part of stakeholder engagement on the Nelson Plan; and

Requests that a report is brought back to the Planning and Regulatory Committee to finalise water quality targets so that the public and Minister for the Environment can be advised by 31 December 2018 in accordance with National Policy Statement Freshwater Management requirements.

10. Changes to the Nelson Resource Management Plan to Give Effect to the National Environmental Standard for Plantation Forestry 49 - 65

Document number R9128

Recommendation

That the Planning and Regulatory Committee:

Receives the report Changes to the Nelson Resource Management Plan to Give Effect to the National Environmental Standard for Plantation Forestry (R9128) and its attachments (A1929734 and A1923819); and

Requests officers to consider whether changes should be made to the Nelson Plan forestry provisions as part of the Nelson Plan review.

Recommendation to Council

That the Council

Approves that changes be made to the Nelson Resource Management Plan in accordance with A1923819 of Report R9128 in order to implement the National Environmental Standard for Plantation Forestry.

11. Exclusion of the Public

Recommendation

That the Planning and Regulatory Committee

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	Status Report - Planning and Regulatory Committee Public Excluded - 5 April 2018	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)

Status Report - Planning and Regulatory Committee Public Excluded - 5 April 2018

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

12. Re-admittance of the public

Recommendation

That the Planning and Regulatory Committee

Re-admits the public to the meeting.

Note:

· Youth Councillors Estella Grant and Bek Fell will be in attendance at this meeting. (delete as appropriate)

Planning and Regulatory Committee Minutes - 22 February 2018

Minutes of a meeting of the Planning and Regulatory Committee

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

On Thursday 22 February 2018, commencing at 1.15pm

Present: Her Worship the Mayor R Reese (Presiding Co-Chairperson), Councillor B McGurk (Co-Chairperson), Councillors L Acland, I Barker, B Dahlberg, K Fulton, S Walker and Ms G Paine

In Attendance: Councillors P Matheson and M Rutledge, Chief Executive (P Dougherty), Group Manager Strategy and Environment (C Barton), Team Leader Governance (R Byrne), Governance Adviser (R Terry) and Youth Councillors (J Stallard and L Funaki)

Apologies: Nil

1. Apologies

Councillor Acland gave his apologies for early departure.

2. Confirmation of Order of Business

Her Worship the Mayor R Reese advised that due to an urgent Council matter, the meeting would be adjourned briefly to attend to this.

The Meeting adjourned at 1.18pm and reconvened at 1.42pm.

Her Worship the Mayor welcomed the Youth Councillors to the meeting and thanked Group Manager Strategy and Environment Clare Barton for her assistance with the recovery effort for ex-Cyclone Gita.

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 23 November 2017

Document number M3148, agenda pages 9 - 16 refer.

Resolved PR/2018/001

That the Planning and Regulatory Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 23 November 2017, as a true and correct record.

McGurk/Dahlberg Carried

6. Status Report - Planning and Regulatory Committee - 22 February 2018

Document number R8985, agenda pages 17 - 19 refer.

Resolved PR/2018/002

That the Planning and Regulatory Committee:

Receives the report Status Report - Planning and Regulatory Committee - 22 February 2018 (R8985) and its attachment (A1736802).

Walker/Paine Carried

7. Chairperson's Report

Her Worship the Mayor R Reese thanked the Council for signing off on the Long Term Plan consultation document today to go to Audit. She noted that the Activity Management Plan and the Asset Management Plans had a strong focus on environmental outcomes, including for infrastructure.

8. Nelson Tasman Hospice - Authority to Consider Development Contributions

Document number R8895, agenda pages 20 - 22 refer.

Group Manager Strategy and Environment Clare Barton presented the report.

Resolved PR/2018/003

That the Planning and Regulatory Committee:

Receives the report Nelson Tasman Hospice - Authority to Consider Development Contributions (R8895); and

Refers to Council all powers of the Planning and Regulatory Committee relating to development contributions associated with the Nelson Tasman Hospice.

McGurk/Acland Carried

Recommendation to Council PR/2018/004

That the Council

Considers the matter of the Nelson Tasman Hospice Development Contributions.

McGurk/Acland Carried

9. Authority to Review the Development and Financial Contributions Policy 2015

Document number R8922, agenda pages 23 - 25 refer.

Group Manager Strategy and Environment Clare Barton presented the report.

Resolved PR/2018/005

That the Planning and Regulatory Committee:

Receives the report Authority to Review the Development and Financial Contributions Policy 2015 (R8922); and

Refers to Council all powers of the Planning and Regulatory Committee relating to the review of the Development and Financial Contributions Policy 2015.

Her Worship the Mayor/Dahlberg Carried

Recommendation to Council PR/2018/006

That the Council

Undertakes the review of the Development and Financial Contributions Policy 2015.

Her Worship the Mayor/Dahlberg Carried

10. Strategy and Environment Report for 1 October - 31 December 2017

Document number R8786, agenda pages 26 - 70 refer.

Manager Consents and Compliance Mandy Bishop, Manager Building Martin Brown and Manager Environment Matt Heale presented the report and answered questions on the Freedom Camping Bylaw and processes around the Regional Pest Management Plan.

Attendance: Councillor Acland left the meeting at 1.56pm.

Resolved PR/2018/007

That the Planning and Regulatory Committee:

Receives the report Strategy and Environment Report for 1 October - 31 December 2017 (R8786) and its attachments (A1875041 and A1898960).

McGurk/Dahlberg Carried

11. Resource Management and Special Housing Areas charges

Document number R8852, agenda pages 71 - 81 refer.

Manager Consents and Compliance Mandy Bishop presented the report.

Resolved PR/2018/008

That the Planning and Regulatory Committee:

Receives the report Resource Management and Special Housing Areas charges (R8852) and its attachment (A1822386).

McGurk/Dahlberg Carried

Recommendation to Council PR/2018/009

That the Council:

Approves the charges as under the Resource Management Act 1991 and Housing Accord and Special Housing Areas Act 2013 (A1822386) to commence from 21 March 2018.

McGurk/Dahlberg Carried

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

Document number R8801, agenda pages 82 - 99 refer.

Manager Roading and Utilities Margaret Parfitt presented the report and answered questions on the timing of the pedestrian crossing at Main Road Stoke and parking facilities for buses in Nelson.

Following a Public Forum speaker at the Council meeting earlier in the day, questions were asked regarding the construction of a pedestrian refuge on Main Road Stoke. Ms Parfitt explained that pedestrian demand to cross the road between Songer Street and the Putaitai Street traffic lights would increase with the completion of the Greenmeadows Centre.

Resolved PR/2018/010

That the Planning and Regulatory Committee:

Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R8801) and its attachments (A1902961 and A1897288); and

Approves amendments detailed in the report R8801 to the following schedules of the Bylaw, Parking and Vehicle Control (2011) No 207;

· Schedule 4: Time limited parking

· Schedule 8: Special parking areas

· Schedule 9: No stopping

As per Option 1 in report R8801 without changes.

Barker/Walker Carried

13. Dog Control Policy and Bylaw Review

Document number R8633, agenda pages 100 - 142 refer.

Manager Environment Matt Heale presented the report and explained the process required for the Dog Control Policy and Bylaw review. He answered questions about the bylaw review timeframes and process.

Resolved PR/2018/011

That the Planning and Regulatory Committee:

Receives the report Dog Control Policy and Bylaw Review (R8633) and its attachments (A1903755, A1903757, and A1903747);and

Commences the review of the Dog Control Policy and Bylaw, noting that the review will be completed by 25 February 2020; and

Refers to Council all powers of the Planning and Regulatory Committee relating to the Dog Control Policy and Bylaw.

Fulton/McGurk Carried

Recommendation to Council PR/2018/012

That the Council:

Undertakes the review of the Dog Control Policy and Bylaw.

Fulton/McGurk Carried

14. Biosecurity Annual Review

Document number R8870, agenda pages 143 - 190 refer.

Environmental Programmes Adviser Richard Frizzell and Co-ordinator Biosecurity Paul Sheldon from Tasman District Council presented the report and answered questions on the Regional Pest Management Strategy and issues with Argentine ants in Nelson and Tasman.

Mr Sheldon advised that the Regional Pest Management Plan proposal no longer identified Argentine Ants as a pest. Ms Barton advised this would be communicated to the public along with suggestions for managing the ants.

Mr Frizzell tabled a replacement paper for Attachment 1 (A1917759).

Attendance: Councillor Fulton left the meeting at 3.02pm.

Resolved PR/2018/013

That the Planning and Regulatory Committee:

Receives the report Biosecurity Annual Review 2016-17 (R8870) and its attachments (A1895116, A1902534 and A1895113); and

Approves the 2017-18 Biosecurity Operational Plan for the Tasman and Nelson Regions, specifically as it relates to Nelson (A1895113).

Barker/Paine Carried

Attachments

1 A1917759 - Planning Regulatory Committee 22Feb2018 Biosecurity Annual Review - Attachment 1 Figure 1

15. Exclusion of the Public

Resolved PR/2018/014

That the Planning and Regulatory Committee

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

Barker/Paine 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	Planning and Regulatory Committee Meeting - Public Excluded Minutes - 23 November 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)(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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage
2	Status Report - Planning and Regulatory Committee Public Excluded - 22 February 2018	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)

Planning and Regulatory Committee Meeting - Public Excluded Minutes - 23 November 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)(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)(h)

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

· Section 7(2)(j)

To prevent the disclosure or use of official information for improper gain or improper advantage

Status Report - Planning and Regulatory Committee Public Excluded - 22 February 2018

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 3.03pm and resumed in public session at 3.07pm.

Please note that as the only business transacted in public excluded was to confirm the minutes and receive the status report, 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.

16. Confirmation of Minutes

23 November 2017

Document number M3150, agenda pages 3 - 5 refer.

Resolved PR/2018/015

That the Planning and Regulatory Committee

Confirms the minutes of part of the meeting of the Planning and Regulatory Committee, held with the public excluded on 23 November 2017, as a true and correct record.

Walker/Barker Carried

17. Status Report - Planning and Regulatory Committee Public Excluded - 22 February 2018

Document number R8988, agenda pages 6 - 8 refer.

Resolved PR/2018/016

That the Planning and Regulatory Committee

Receives the report Status Report - Planning and Regulatory Committee Public Excluded - 22 February 2018 (R8988) and its attachment (A1863070).

Walker/Paine Carried

18. Re-admittance of the Public

Resolved PR/2018/017

That the Planning and Regulatory Committee

Re-admits the public to the meeting.

McGurk/Barker Carried

There being no further business the meeting ended at 3.07pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 8: National Policy Statement - Urban Development Capacity Quarterly Monitoring Report

Planning and Regulatory Committee

5 April 2018

REPORT R8924

National Policy Statement - Urban Development Capacity Quarterly Monitoring Report

1. Purpose of Report

1.1 To ensure decision-makers are well-informed about urban development activity in both Nelson and Tasman, as required by the National Policy Statement on Urban Development Capacity (NPS-UDC) and to seek agreement to release the monitoring report.

2. Summary

2.1 The NPS-UDC requires Council to monitor property market indicators on a quarterly basis, including prices, rents, resource and building consents, and housing affordability. The attached report for the September and December 2017 quarters is the third of these reports.

2.2 The trends shown in the monitoring report are broadly consistent with those detailed in the June 2017 quarterly report.

2.3 The monitoring report shows there is an undersupply of residential housing across the Nelson Urban Area (Nelson and Richmond), that house prices and rents continue to increase, and affordability remains an issue. Residential building consent numbers in Nelson have increased

2.4 Further investigation is required into the other factors affecting the supply of affordable homes. These barriers include land banking, lending rules, construction industry capacity constraints, the market’s limited provision of smaller houses, and rising building costs.

2.5 Commercial and industrial building activity in the Nelson Urban Area has been relatively stable since 2010.

3. Recommendation

That the Planning and Regulatory Committee:

Receives the report National Policy Statement - Urban Development Capacity Quarterly Monitoring Report (R8924) and its attachment A1927466; and

Agrees to the report being circulated to the Ministry of Business, Innovation and Employment and placed on Council’s website.

4. Background

4.1 The National Policy Statement on Urban Development Capacity (NPS-UDC) came into effect in December 2016. The NPS-UDC includes a policy (PB6) that requires local authorities to monitor a range of indicators on a quarterly basis including:

· Prices and rents for housing, residential land and business land by location and type; and changes in these prices over time;

· The number of resource consents and building consents granted for urban development relative to the growth in the population; and

· Indicators of housing affordability.

4.2 This policy aims to ensure that local authorities are well-informed about demand for housing and business development and applies to local authorities that have a medium or high growth urban area within their district or region. Nelson City has the Nelson Urban Area within its boundaries, and the Nelson Urban Area has been defined by the NPS-UDC as medium growth.

4.3 Local authorities are encouraged to publish the results of their monitoring.

4.4 The Ministry for the Environment has provided guidance on the monitoring requirements and, together with the Ministry of Business, Innovation and Employment (MBIE), has provided an online dashboard of data on local housing markets. The online dashboard was publicly released on the MBIE website on 7 July 2017.

4.5 Further information has been provided from Nelson City Council resource and building consent data.

4.6 The report includes data for both Nelson and Tasman local authorities, recognising the connected, cross-boundary property market both Councils share. The NPS-UDC also strongly encourages both Councils to work together to implement the policies.

4.7 The indicators for housing affordability are still being finalised with MBIE and as a result are not detailed in this round of reporting. At this stage only high growth urban areas are reporting on that data.

5. Discussion

Housing Market

5.1 Between the beginning of 2014 and 2017 consents for new dwellings have declined while estimated household numbers have increased, indicating an apparent under-supply of housing in Nelson. Since the beginning of 2017, building consents for new dwellings have increased at a similar rate to demand but still behind due to the lower starting point. There is a significant inconsistency between the data presented by MBIE and the raw data from Statistics NZ. This likely relates to a time lag in processing the data by one or other of the organisations. Further work is being done to understand the differences.

5.2 Although new dwellings have exceeded growth in Tasman households, an overall under-supply in the combined Nelson-Tasman market could be contributing to an increase in house prices in both areas. This trend has continued over the last two quarters, although on an annual basis building consents for new dwellings in Nelson have increased.

5.3 Across the combined Nelson City - Tasman District area, prices increased 11% during the year ended December 2017, compared with a 14% increase in the year ended December 2016.

5.4 The shortage of new housing is despite Nelson having an estimated nine years’ worth of dwelling capacity on land which is zoned, serviced or planned to be serviced, and feasible for residential development. Other factors that can influence house and section prices include:

· land development and construction costs (especially on hillsides)

· size and quality of new dwellings

· timing of release by developers

· ability for developers to obtain financing

· land banking

· increasing demand for visitor/non-resident accommodation.

5.5 The MBIE Housing Affordability Measure (HAM) data has not been updated since the last report. The summary of the trends for this data from the last report is included below.

5.6 The MBIE HAM Buy measure for Nelson and Tasman Districts suggests that housing affordability was at its worse in 2007/2008, with around 88% of first home buyer households below the 2013 national benchmark of affordability. Since then, the measure has been at least 80% for both areas. The measure indicates that at March 2016, 81% of first-home buyer households in Nelson, and 83% for Tasman, could not comfortably afford a typical ‘first-home’ priced house.

5.7 The MBIE HAM Rent measure for Nelson City and Tasman District suggests that rental affordability worsened between 2004 and 2014 but has improved in the region since then. The measure indicates that at March 2016, 67% of rental households in Nelson, and 66% for Tasman, cannot comfortably afford typical rents.

Commercial and Industrial Property Market

5.8 There is limited information at this stage on prices and rents for business land.

6. Options

6.1 Quarterly monitoring of property market indicators is a mandatory requirement under the NPS-UDC. Officers will be working with MBIE in the next quarter to clarify the inconsistency in the data between MBIE and Statistics NZ.

6.2 Council’s website will be updated to include the quarterly monitoring report and the report will be provided to MBIE.

Chris Pawson

Strategy and Environment Senior Analyst

Attachments

Attachment 1: A1927466 NPS UDC Monitoring Report Dec2017QTR 3and4.pdf ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Monitoring property market indicators informs Long Term Plan decision-making on infrastructure projects to ensure sufficient development capacity is provided to meet future demand for housing and business land.

2. Consistency with Community Outcomes and Council Policy

Monitoring joint indicators with Tasman demonstrates an understanding we need to collaborate to provide the best and most efficient service to our communities.

Being well-informed on property market indicators and urban growth helps achieve the community outcome of an urban environment that is well planned, including thinking and planning regionally and ensuring affordable housing. Monitoring the market for business land helps achieve the community outcome of a region which is supported by an innovative and sustainable economy.

3. Risk

The information contained in the report should inform Council about property market trends. There is some risk in using an experimental data series for housing affordability but other data sources, such as the Massey University affordability measure, also indicate the region is experiencing housing affordability pressures.

There is a risk that the business property market isn’t well understood at this stage and more work is planned to monitor prices for different types of business land.

4. Financial impact

MBIE data is provided at no cost. The purchase of other data is of minimal cost and is included in existing budgets.

5. Degree of significance and level of engagement

This matter is of low significance because the recommendation is to receive the report and no other decisions are required.

6. Inclusion of Māori in the decision making process

Māori have not been specifically included in the preparation of this report.

7. Delegations

The Planning and Regulatory Committee has the responsibility for considering the District and Regional Plan, which must give effect to the National Policy Statement on Urban Development Capacity.

Item 9: Draft Water Quality Primary Contact Targets

Planning and Regulatory Committee

5 April 2018

REPORT R8846

Draft Water Quality Primary Contact Targets

1. Purpose of Report

1.1 To endorse draft water quality targets for Escherichia coli (E-coli) in Nelson’s fourth order rivers to meet the requirements of the National Policy Statement Freshwater Management (NPSFM).

2. Recommendation

That the Planning and Regulatory Committee:

Receives the report Draft Water Quality Primary Contact Targets (R8846) and its attachments (A1924208 and A1923665); and

Notes the draft water quality primary contact targets of 100% for E-coli in Nelson’s fourth order rivers; and

Authorises officers to consult on water quality targets as part of stakeholder engagement on the Nelson Plan; and

3. Background

3.1 Amendments were made to the NPSFM on 7 September 2017 that require Regional Councils to set, and make public, draft water quality targets by 31 March 2018. Final targets are required by 31 December 2018.

3.2 The purpose of these targets is to increase the number of rivers and lakes that are suitable for primary contact (swimming), nationally. The NPSFM sets an interim national target of 80% compliance by 2030 and a final target of 90% by 2040.

3.3 These targets only apply to rivers and lakes meeting certain characteristics such as size. In Nelson the relevant fourth order rivers are Whangamoa, Wakapuaka, Maitai, and Roding. There are no lakes in Nelson that meet the characteristics for recreation purposes.

3.4 In 2017 the Ministry for the Environment (MfE) produced the Clean Water Report which included national swimmability maps (Attachment 1) that were based on compliance with two human health attributes, E-coli for rivers and cynobacteria - planktonic for lakes. The maps indicated that all relevant rivers in Nelson meet the national targets for primary contact (% exceedances over 540cfu/100ml). In terms of the NPSFM targets the issue for Nelson is then how to maintain these standards over time rather than what is needed to do to meet these targets.

3.5 A governance group and taskforce comprising MfE and Ministry Of Primary Industries (MPI) officials and staff from Regional Councils was set up to help Councils meet its NPSFM reporting obligations. The taskforce has compiled information on work committed or underway in each region to improve water quality for swimming, and the associated likely costs. The information for each Region is presented in a report that will be made publicly available before 31 March 2018 (a draft was reviewed by council staff in January 2018). A copy of this report will be tabled at the meeting.

3.6 Councils have not had the opportunity to consult with their communities about what rivers and lakes they should focus on for improvements and within what timeframes, and so most are intending to use the results in the report as their draft targets and as a starting point for discussion. The MfE and MPI taskforce supports this approach.

3.7 The information in the taskforce report indicates that a draft regional target for Nelson of 100%, is realistic and achievable. The information sheet (Attachment 2) fulfils the reporting requirements under the NPSFM and has been compiled so that reporting is managed in a consistent manner across all regional councils. This information sheet template was received by Council in early March 2018.

3.8 Given reporting timelines a letter has been sent to the Minister advising of Nelson’s Draft water quality primary contact (swimming) targets using the information sheet template. This letter was authorised by the Mayor on the basis that this matter would be retrospectively reported to the Planning and Regulatory Committee.

3.9 Running in parallel to the national primary contact target work, officers have been working with Freshwater Management Unit (FMU) groups to develop water quality and quantity objectives, limits, and targets for the Nelson Plan. The preliminary Draft Nelson Plan is currently going through the peer review and consent testing phase. Any changes resulting from this review phase will be reported ahead of release to statutory stakeholders (including FMU groups) and Iwi partners. Feedback from stakeholders and Iwi along with results of economic analysis will then be incorporated into the Nelson Plan before the release of the final draft to the wider community in August 2018. This will allow feedback on Draft primary contact targets before these need to be finalised in December 2018 to meet NPSFM requirements.

4. Discussion

Draft Target of 100% Swimmability for Nelson’s Fourth Order Rivers

4.1 Council has advised the Minister for the Environment that Nelson’s fourth order rivers will continue to meet the primary contact targets for E-coli (refer Attachment 2).

4.2 According to the MfE Clean Water Report Nelson’s fourth order streams meet the primary contact targets for E-coli and are currently rated as follows:

· Whangamoa - Good

· Wakapuaka – Excellent in the upper reaches and Fair in the lower reaches

· Maitai - Excellent

· Roding (upper reaches) - Excellent

4.3 Council has included a number of projects in the Annual Plan and draft 2018-2028 Long Term Plan (LTP) that aim to maintain and enhance water quality in these rivers. This includes initiatives such as Nelson Nature, the Maitai/Mahitahi project (for 2017/2018), Healthy Rivers, inflow and infiltration funding and “Wakapuaka:Bursting into Life”. Council has also included a Level of Service in the draft LTP stating that 100% of pristine water bodies are maintained at their current state as a minimum. These initiatives support Nelson continuing to meet primary contact targets for E-coli.

4.4 Advice has been sought from MfE about the level of engagement required on draft targets. Advice is that this is a matter for Councils to consider depending on the significance of the issue for individual regions. Given that Nelson is not seeking change to our current state it is considered that engagement is best managed via the Nelson Plan process.

4.5 Engagement on water quality targets will be undertaken with key stakeholders as part of the Nelson Plan development through mid-2018. A draft Nelson Plan will then be reported to Council in mid/late 2018. If changes are made to the water quality targets as part of this process the Minister will be advised of final targets by December 2018 in accordance with the NPSFM.

5. Options

5.1 At this stage Nelson is 100% compliant with national primary contact targets for E-coli. Officers will provide a summary of community feedback and a Section 32 economic assessment to Council as part of the development of the Nelson Plan. These matters will be explored over April-November 2018. Results of this work will be used to inform Council’s final primary contact targets that need to be reported to the Minister by December 2018.

Matt Heale

Manager Environment

Attachments

Attachment 1: A1924208 - Clean Water 2017 Map.pdf ⇩

Attachment 2: A1923665 - NPSFM Draft swimmability targets March 2018_1.pdf ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The proposal meets the Council obligations under the Resource Management Act 1991 (RMA). It is considered that this approach is the most efficient way to achieve the purpose of the Local Government Act.

2. Consistency with Community Outcomes and Council Policy

The proposal is consistent with Council’s community outcomes and Nelson 2060 goals because the recommendation aids in protecting our natural environment and ensuring our rivers are safe for contact recreation

3. Risk

The proposal is low risk as the draft targets will be discussed with key stakeholders and iwi partners as part of the Nelson Plan engagement before they are finalised in December 2018.

4. Financial impact

The costs associated with Nelson Plan development are funded within the Annual Plan and anticipated within the Draft 2018-2028 LTP. The recommendations will not add to these anticipated costs.

5. Degree of significance and level of engagement

This matter is of medium significance because a large portion of the community will be affected by how we manage freshwater but the draft targets are in line with existing levels of service so no significant change is proposed. Further engagement on targets will be undertaken as part of the Nelson Plan development.

6. Inclusion of Māori in the decision making process

Further engagement on water quality targets will be undertaken via the Iwi working Group as part of the Nelson Plan development and a wider consultation programme with Māori.

7. Delegations

The Planning and Regulatory Committee has the power to decide matters relating to resource management.

Item 10: Changes to the Nelson Resource Management Plan to Give Effect to the National Environmental Standard for Plantation Forestry

Planning and Regulatory Committee

5 April 2018

REPORT R9128

Changes to the Nelson Resource Management Plan to Give Effect to the National Environmental Standard for Plantation Forestry

1. Purpose of Report

1.1 To consider amendments to the Nelson Resource Management Plan (NRMP) to implement the National Environmental Standard Plantation Forestry (NESPF).

2. Recommendation

That the Planning and Regulatory Committee:

Requests officers to consider whether changes should be made to the Nelson Plan forestry provisions as part of the Nelson Plan review.

Recommendation to Council

That the Council

Approves that changes be made to the Nelson Resource Management Plan in accordance with the Summary of Nelson Resource Management Plan Amendments to implement the National Environmental Standard for Plantation Forestry (A1923819) of Report R9128 in order to implement the National Environmental Standard for Plantation Forestry.

3. Background

3.1 The NESPF was gazetted in early August 2017 with an implementation date of 1 May 2018. A National Environmental Standard overrides any provision in a plan. The NESPF requires that amendments be made to regional and district plans to align with the regulations without the need to go through the Resource Management Act (RMA) first schedule process (notification, submissions, and hearings).

3.2 At the November 2017 Planning and Regulatory Committee meeting the following information was reported which reflects Nelson Plan workshop outcomes:

· Make amendments to the NRMP by 1 May 2018 in accordance with the NESPF.

· Consider more stringent controls for Significant Natural Areas and Freshwater as part of the Nelson Plan, where needed.

4. Discussion

NESPF

4.1 A summary of the NESPF regulations is provided at Attachment 1 (A1929734).

4.1 The NESPF governs forestry operations and requires Council to align their resource management plans with the regulations by 1 May 2018.

4.2 The NESPF applies to any forest of at least 1 hectare that has been planted specifically for commercial purposes and will be harvested.

4.3 The NESPF regulations cover core plantation forestry activities that have potential environmental effects:

· afforestation (planting new forest);

· pruning and thinning-to-waste (selective felling of trees where the felled trees remain on site);

· earthworks;

· river crossings;

· forestry quarrying (extraction of rock, sand, or gravel within a plantation forest or for operation of a forest on adjacent land);

· harvesting; and

· mechanical land preparation replanting.

4.4 Officers have discussed the implementation of the NESPF with local forestry stakeholders and have attended workshops with the Ministry of Primary Industries (MPI) to understand the implications of the regulations.

4.5 There are a number of consenting and monitoring systems that Council needs to put in place by May 2018 in order to implement the NESPF. New systems to manage implementation are currently under development including:

· Charging for permitted activity monitoring has been approved as provided for in the regulations;

· Consideration of harvest plans that forestry companies are required to submit to Council for all erosion susceptibility classification zones so that forestry operations can be permitted;

· Forest Practice Guides will be produced by MPI that will be helpful to operators and Council officers to determine whether the proposed forestry methods are best practice and will achieve the outcomes sought by the NESPF; and

· Council officers need to engage with industry and the community on what is required to be compliant, where the responsibility lies and determine a risk based monitoring strategy.

NRMP Changes

4.6 As noted, Council is required to update the NRMP to align with the NESPF by 1 May 2018. The update will be automatic and no public notification process is required.

4.7 Attachment 2 (A1923819) provides a summary of how the NRMP needs to be amended to accord with the NESPF. The Council can elect to be stricter than the NESPF in order to achieve improved biodiversity and freshwater outcomes. These matters will need further assessment and will be considered as part of the Nelson Plan process following statutory stakeholder, iwi partner, and wider community feedback throughout 2018. There is little risk in amending the NRMP to align with the NESPF in the meantime given the short time period of overlap, forestry areas are outside significant biodiversity areas, and forestry companies are not planning to undertake significant works that have not been consented in the short term. Officers are also working with forestry stakeholders, Tasman District Council, and MPI in the development of the Nelson Plan and implementation of the NESPF.

4.8 The changes proposed to the NRMP are to reflect where any provisions duplicate or conflict with the NESPF. The NRMP currently duplicates standards in the NESPF across a number of rules including vegetation clearance, earthworks, freshwater, setbacks, and hazardous substances. These provisions are proposed to be amended with an advisory note to refer the Plan user to the NESPF.

4.9 As noted, small scale forestry (less than 1.0ha) is not covered by the NESPF. Therefore small scale operations will still be subject to general NRMP requirements.

4.10 It is recommended that the changes outlined in Attachment 2 are adopted.

5. Options

5.1 Council is required to make changes to the NRMP to implement the NESPF prior to 1 May 2018. The Council has the option to make stricter provisions for matters relating to freshwater and biodiversity. The freshwater and biodiversity provisions of the NRMP are subject to significant change as part of the Nelson Plan review. It is not considered efficient or effective to alter the NRMP biodiversity and freshwater standards when these provisions are subject to significant change and further community engagement throughout the remainder of 2018.

Matt Heale

Manager Environment

Attachments

Attachment 1: Overview of Forestry Regulations (A1929734) ⇩

Attachment 2: Summary of NRMP Amendments to implement the NESPF (A1923819) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The immediate changes to the NRMP are required by the NESPF under the Resource Management Act so the proposal to make these changes now is appropriate. The further consideration of forestry provisions as part of the Nelson Plan engagement is the most efficient means of achieving the purpose of the Resource Management Act and meets the efficiency and effectiveness requirements of the Local Government.

2. Consistency with Community Outcomes and Council Policy

The proposal aligns with Community Outcomes and Nelson 2060 goals by appropriately managing our natural environment and involving the community, key stakeholders, and Iwi partners in the development of the future provisions. In particular the proposal aligns with Nelson 2060 Goal 2 and 3 and the following community outcome:

“Nelson’s unique natural environment is healthy and protected”

3. Risk

Officers have worked closely with key stakeholders in the development of the Nelson Plan. The immediate changes to the NRMP are required by the NESPF. There may be some concern that these changes do not go far enough in the biodiversity and freshwater area however these matters will be considered further in the development of the Nelson Plan. There is limited risk with this approach because there is a short time period of overlap between NRMP changes and the Draft Nelson Plan release, forestry areas are outside significant biodiversity areas, and forestry companies are not planning to undertake significant works that have not been consented in the short term. Officers are also working with forestry stakeholders, Tasman District Council, and MPI in the development of the Nelson Plan and implementation of the NESPF to mitigate any risks with NESPF implementation.

4. Financial impact

The costs associated with changes to the NRMP relate to staff time and have been factored into the Nelson Plan budget. The recommendations will not add to these anticipated costs. The NESPF allows for monitoring to be on charged to applicants as part of the resource consent process.

5. Degree of significance and level of engagement

This matter is of medium significance given the number of people affected by the change. However, the NESPF requires Councils to make changes to the NRMP without going through the formal submission and hearing process. Key stakeholders are aware of this and will be involved in future changes considered in the development of the Nelson Plan.

6. Inclusion of Māori in the decision making process

Iwi were involved in the development of the NESPF and have been involved in the development of the Nelson Plan. In particular, members of Council’s Iwi Working Group have had input to the development of the Nelson Plan and will have three months to provide feedback on the Draft Nelson Plan in mid-2018 as requested. Wider input from Māori can occur when the Draft Nelson Plan is publically released.

7. Delegations

The Planning and Regulatory Committee has the power to decide matters relating to changes to the NRMP.