Agenda of Planning and Regulatory Committee

Planning and Regulatory Committee Minutes - 5 July 2018

Minutes of a meeting of the Planning and Regulatory Committee

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

On Thursday 5 July 2018, commencing at 9.07a.m.

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

In Attendance: Group Manager Environmental Management (C Barton), Team Leader Governance (R Byrne), Governance Adviser (R Terry) and Youth Councillors Cassie Hagan and Alex Hunter

Apologies: Nil

1. 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, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 29 May 2018

Document number M3522, agenda pages 6 - 12 refer.

Resolved PR/2018/039

That the Planning and Regulatory Committee

Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 29 May 2018, as a true and correct record.

Barker/Fulton Carried

6. Chairperson's Report

Her Worship the Mayor noted she was still busy with the new Government and had been meeting with Ministers around fresh water and the three waters review by the Department of Internal Affairs. There was likely to be a briefing of Council around those issues in the future, probably around October.

7. Warrant of Fitness for Rental Housing

Document number R8802, agenda pages 13 - 18 refer.

Manager Building, Martin Brown, presented the report and answered questions on rental housing warrant of fitness, including an App called Rental Housing WOF. He noted that there had been no further update from central government regarding warrant of finesses for rental housing and no further action would be taken until changes were made at central government. There was discussion around promoting the App and possibly putting a link to the App on the Council website.

Resolved PR/2018/040

That the Planning and Regulatory Committee

Receives the report Warrant of Fitness for Rental Housing (R8802) and its attachment (A1983465); and

Agrees that Officers only report further where there is any alteration to Central Government position on a Warrant of Fitness for rental housing.

Barker/Her Worship the Mayor Carried

8. Draft Waimea Inlet Action Plan

Document number R9296, agenda pages 19 - 46 refer.

Environmental Programmes Adviser, Leigh Marshall presented the report. She noted that since the report had been prepared, two further meetings of the coordination working group had taken place and there had been some minor changes to the Action Plan, including Environmental Wellbeing now being the first priority.

Ms Marshall said there would be a further report to come to the 22 November 2018 Planning and Regulatory meeting, detailing the timeframes and the resources required in order to achieve the outlined actions and targets.

Resolved PR/2018/041

That the Planning and Regulatory Committee

Receives the report Draft Waimea Inlet Action Plan (R9296) and its attachment (A1964502); and

Requests officers to prepare a report recommending which draft Waimea Inlet Action Plan targets Nelson City Council should sign up to, either as lead or supporting agency.

Dahlberg/Walker Carried

9. Environmental Monitoring Charges - Statement of Proposal

Document number R9311, agenda pages 47 - 66 refer.

Environmental Programmes Adviser, Richard Frizzell, presented the report noting that changes in central Government had resulted in increasing requirements for environmental monitoring work. Mr Frizzell answered questions on the type of activities that would be charged and the Special Consultative Procedure process. He noted that many other Councils were already charging and the introduction of these charges would bring the Council in line with best practice.

Group Manager Environmental Management, Clare Barton answered questions relating to the proposed charges highlighting that those being charged would be consent holders that were benefitting from resources and monitoring, instead of the cost being covered by the general public.

Resolved PR/2018/042

That the Planning and Regulatory Committee

Receives the report Environmental Monitoring Charges - Statement of Proposal (R9311) and its attachments (A1979547, A1986399 and A2000121); and

Endorses the Statement of Proposal Draft Fees and Charges for Environmental Monitoring and Science – Resource Consents Activity (A1979547) for final Council approval, and subsequent Special Consultative Procedure.

Acland/Paine Carried

Recommendation to Council PR/2018/043

That the Council

Approves the establishment of charges for its Environmental Monitoring and Science programme as provided for under Section 36 of the Resource Management Act 1991; and

Approves the Statement of Proposal Draft Fees and Charges for Environmental Monitoring and Science – Resource Consents Activity (A1979547) and commences a Special Consultative Procedure under section 83 of the Local Government Act 2002, for feedback on the proposed charges; and

Agrees that a summary of the Statement of Proposal is not required.

Acland/Paine Carried

The meeting was adjourned at 9.39a.m and reconvened at 9.43a.m.

10. Nelson Tasman Land Development Manual - Authority to Complete Review

Document number R9388, agenda pages 67 - 70 refer.

Team Leader City Development, Lisa Gibellini presented the report. There was discussion around the importance of the Nelson Tasman Land Development Manual and how it links to urban design outcomes for land use, environmental outcomes and public spaces.

Resolved PR/2018/044

That the Planning and Regulatory Committee

Receives the report Nelson Tasman Land Development Manual - Authority to Complete Review (R9388); and

Refers to Council all powers of the Planning and Regulatory Committee relating to:

· the Draft Nelson Tasman Land Development Manual and its release for public feedback, and

· the Draft Nelson Resource Management Plan change for public feedback.

Dahlberg/Fulton Carried

Recommendation to Council PR/2018/045

That the Council

Considers all matters relating to

· the Draft Nelson Tasman Land Development Manual and its release for public feedback; and

· the Draft Nelson Resource Management Plan change for public feedback.

Dahlberg/Fulton Carried

There being no further business the meeting ended at 9.49a.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 7: Implementation of the Freedom Camping Bylaw

Planning and Regulatory Committee

23 August 2018

REPORT R9512

Implementation of the Freedom Camping Bylaw

1. Purpose of Report

1.1 To report on the implementation of the Freedom Camping Bylaw (the Bylaw) over summer 2017/18.

2. Summary

2.1 Generally, the implementation of the Bylaw over summer 2017/18 was successful. Specific issues relating to freedom camping arose at QEII Drive Gardens (QEII Drive) and the Maitai Cricket Ground carpark (Maitai Cricket Ground).

3. Recommendation

That the Planning and Regulatory Committee

Receives the report Implementation of the Freedom Camping Bylaw (R9512) and its attachment (A1845805); and

Agrees that any potential review of the Freedom Camping Bylaw 2017 will commence after the findings of the Government’s Freedom Camping Working Group have been published.

4. Background

4.1 The Bylaw was adopted by Council on 5 September 2017 and took effect on 1 December 2017. A copy of the Bylaw is contained in Attachment 1.

4.2 The Bylaw prohibits camping in non-self-contained vehicles within Nelson, apart from at official campgrounds or private accommodation providers. For certified self-contained vehicles, the Bylaw imposes restrictions in relation to the areas where camping in self-contained vehicles is permitted and the maximum number of self-contained vehicles that are permitted in these areas.

5. Discussion

Enforcement

5.1 The enforcement of the Bylaw over summer 2017/18 went smoothly. The approach taken by officers was to inform campers of the rules during the evening patrol and if necessary, issue infringement notices during the following morning patrol.

5.2 During the period 1 December 2017 to 31 March 2018, a total of 718 verbal warnings were given and 220 infringement notices were issued.

5.3 Payment was received in relation to 105 notices, 15 notices were cancelled on appeal and 100 notices were sent to the District Court for non-payment.

5.4 Staff from Environmental Investigations Ltd report that the majority of freedom campers complied with the requirements of the Bylaw.

Campgrounds

5.5 It is likely that the Bylaw had a positive effect in relation to the number of visitors utilising Council’s Brook campground. The campground reported an increase of 4,713 campers over summer 2017/18 compared to the same period in the previous year.

Issues at QEII Drive and Maitai Cricket Ground

5.6 Freedom camping in self-contained vehicles is permitted in the QEII Drive car park. At the Maitai Cricket Ground freedom camping is permitted for up to a maximum of two self-contained vehicles.

5.7 While campers using these areas are in self-contained vehicles, it seems that some campers are choosing not to use their on-board toilet facilities and are using nearby bushes instead or, in the case of campers at QE II Drive, crossing State Highway 6 to use the facilities in Neale Park.

5.8 At the Maitai Cricket Ground, in addition to the above-mentioned issue, the presence of campers in the car park is also making it difficult for users of the sports field to access the area for early morning sports practices.

Complaints and infringement notices

5.9 Council received one complaint about freedom camping at the Maitai Cricket Ground and fifteen complaints about freedom camping at QEII Drive. The high number of complaints relating to the QEII Drive area are thought to be at least partly due to the high visibility of freedom campers at this site.

5.10 The above-mentioned numbers relate only to complaints that required a regulatory response, for example an inspection at a site. Complaints about freedom camping generally are not included above.

5.11 Thirty-nine infringement notices were issued to campers at QEII Drive and seven notices were issued at the Maitai Cricket Ground. A comparison of the number of infringement notices issued at the various sites indicates that the highest number of notices were issued at QEII Drive. The second highest number of notices (22) were issued at Tahunanui Beach carpark and beach.

Next steps

5.12 A number of options are available to mitigate the issues at QEII Drive and the Maitai Cricket Ground over the coming summer 2018/19. These include increased signage at the sites, focussed monitoring of the sites by staff and publicity about the infringement notices being issued at these sites.

5.13 If the options set out above do not have the desired effect, consideration could then be given to relying on clause 9 of the Bylaw. Clause 9 of the Bylaw provides that the Chief Executive may temporarily close or restrict freedom camping in any area under certain circumstances for example, where it is considered necessary to prevent damage to the local authority area or to protect the safety of persons.

5.14 In order to rely on clause 9, the problems that are occurring will need to be properly evidenced. It will also be essential to show that any action taken under clause 9 is necessary in the particular circumstances (for example, to prevent damage to the local authority area) and that it is a proportional response to the problems. To ensure that the risks around relying on clause 9 are fully understood, it is suggested that legal advice be sought on this clause before it is applied.

5.15 It should be noted that a section of the carpark at QEII Drive falls outside the Bylaw and is owned by the New Zealand Transport Agency (NZTA). Previous advice is that any restrictions that are put in place for this site, whether temporary or permanent, would apply only to the section of the carpark which is within the local authority area and controlled or managed by the local authority.

5.16 Permanently restricting or prohibiting freedom camping at QEII Drive and the Maitai Cricket Ground would require an amendment of the Bylaw. The Freedom Camping Act 2011 requires the use of the special consultative procedure in order to amend the Bylaw. This is a lengthy process and it would be difficult to undertake and complete this work in time for the coming summer 2018/19.

5.17 Additionally, it would be useful to allow the Bylaw to remain unchanged for a further summer. This would enable officers to embed Council processes around the current Bylaw and allow for the collection of data which would support future decisions on any proposed amendments to the Bylaw.

5.18 It is also suggested that a review of the Bylaw only be considered once the findings of the Freedom Camping Working Group have been published. Further details about the Group are set out below.

National Freedom Camping Working Group

5.19 A Freedom Camping Working Group was established in April 2018 to review the issues relating to freedom camping in New Zealand. The group was announced following a meeting between the Minister of Tourism and mayors and deputy mayors from across the country and is made up of individuals from across local government, industry and key Central Government agencies.

5.20 The purpose of the Group is to provide recommendations to the Minister of Tourism on policy, regulatory and implementation options for improved management of freedom camping in New Zealand. This will include issues associated with the impact of freedom camping on local communities and the environment while allowing local communities to take advantage of the opportunities presented by freedom camping.

5.21 The Group was expected to provide an outline of their planned work schedule by 31 July 2018. It is recommended that any potential review of the Bylaw only be commenced once the findings and the recommendations of the Group have been have published.

6. Conclusion

6.1 Generally, the implementation of the Bylaw over summer 2017/18 was successful. Specific issues which arose at QEII Drive and the Maitai Cricket Ground will be considered as part of any future Bylaw review process and if necessary, could be mitigated through temporary measures next summer.

Michelle Joubert

Executive Officer

Attachments

Attachment 1: A1845805 - Freedom Camping Bylaw 2017 ⇩

Item 8: Review of Council's Gambling Policy

Planning and Regulatory Committee

23 August 2018

REPORT R9358

Review of Council's Gambling Policy

1. Purpose of Report

1.1 The purpose of this report is to inform the Council of the review undertaken on its Gambling Policy, and advise on the options for responding to the review.

2. Summary

2.1 Nelson City Council adopted its first Gambling Policy in 2004 in response to the requirements of the Gambling Act 2003 and the Racing Act 2003. The policy sets out the requirements for territorial authority consent to establish and operate Class 4 and Totalisator Agency Board (TAB) venues within the Nelson district.

2.2 Council is required to review its Policy within three years of each prior review. Consequently this review is a statutory requirement and not in response to any particular issues arising.

3. Recommendation

That the Planning and Regulatory Committee

Receives the report Review of Council's Gambling Policy (R9358) and its attachments (A1971833 and A2008367); and

Notes that a review of the Council’s Gambling Policy, which is required under the Gambling Act 2003 and Racing Act 2003, has been undertaken and is outlined in this report.

Recommendation to Council

That the Council

Approves the Statement of Proposal to Amend the Gambling Policy (A2008367) for public consultation; and

Agrees that a summary of the Statement of Proposal Gambling Policy Review is not required; and

Approves the proposed process and timeframes for consultation set out in the report Review of Council's Gambling Policy (R9358).

4. Background

Legislative Requirements

4.1 The Gambling Act 2003 and the Racing Act 2003 both require territorial authorities to have a policies stating whether new non-casino gaming machine venues and/or standalone TABs are allowed within a district and, if so, where they may be located. The Gambling Act policy may also specify a limit on the number of Class 4 electronic gaming machines (EGMs) (known as pokies), and provide for relocation of existing venues.

4.2 In determining the policy, both the Gambling Act 2003 (s101(4)) and the Racing Act 2003 (s65D) set out that the territorial authority may have regard to any relevant matters, including:

· the characteristics of the district and parts of the district; and

· the location of kindergartens, early childhood centres, schools, places of worship and other community facilities; and

· the cumulative effects of additional opportunities for gambling in the district.

4.3 And additionally under the Gambling Act:

· the number of gaming machines that should be permitted to operate at any venue or class of venue; and

· how close any venue should be permitted to any other venue; and

· what the primary activity at any venue should be.

4.4 An amendment to the Gambling Act was made in 2013. This amendment required councils to consider the option of allowing relocation of venues, whilst retaining their licence for Class 4 machines. The intent of the Act was to provide a mechanism for EGMs to be moved from high deprivation communities, more vulnerable to gambling harm, to areas of less deprivation.

4.5 For any amendments to, or replacements of, a policy, the territorial authority is required to use the special consultative procedure (SCP) as described under the Local Government Act 2002 (s83).

Previous Council Decisions

4.6 At the previous review completed in 2016, Council decided to retain the current policy without change. The current cap on the number of EGMs able to operate in the city is 273.

4.7 The review of the Policy since its introduction in March 2004 is set out in the table below.

Year	Policy development / review	Consultation type	Policy description
2004	Class 4 and TAB Policy adopted by Council	SCP	Cap of gaming machines introduced (328) as well as restrictions on the location of Class 4 gaming venues and TAB venues
2007	Policy review (Included a Social Impact Assessment^{^[1]})	SCP	Removal of the objective “ To allow those who wish to participate in gambling to do so within the city” New rules introduced (such as 100m and age restriction measures). Further reduction on gaming machine cap to 301
2010	Policy review involving a Judicial review and High Court decision in 2010 meant that the 2007 Policy was carried forward	SCP
2013	Policy review	SCP	Further reduction on gaming machine cap to 273
2016	Policy review	Pre-consultation with key stakeholders	No changes – relocation considered but decision to not include at this time

5. Discussion

Review of Current Policy

5.1 To carry out the review of the current Policy officers have undertaken a broad analysis of relevant information which is contained in Attachment 1: Information Document: Review of gambling in the Nelson district. The Planning and Regulatory Committee also held a workshop, the Gambling Policy review, on 5 July 2018. Suggestions from that workshop have been considered in the preparation of this report and the Statement of Proposal (SOP).

5.2 The following sections provide information on the trends that Council might consider in deciding how to respond to the review.

Class 4 Electronic Gaming Machines

5.3 In New Zealand, people spend more on Class 4 gaming (non-casino) than any other type of gambling.

5.4 Since the introduction of the Gambling Act 2003, EGM venue and machine numbers have been steadily decreasing in Nelson, in alignment with national trends. There are currently 11 venues in Nelson operating EGMs, seven in the central business district, one in Kirks, two in Tahunanui and one in Stoke. The total number of machines operating is 154 machines. A further 26 machine licences are active, although not currently in use, which brings the total number of machines allowed to operate in Nelson, at 31 May 2018, to 180.

5.5 The Department of Internal Affairs has indicated that the Suburban Club licence will lapse towards the end of August, if they have been unable to find a new venue to operate their machines from. Of the 180 EGMs, the Nelson Suburban Club holds a licence for 18.

5.6 Despite the decline in venues and machine numbers, the total expenditure (the amount spent by players minus player winnings) from EGMs in Nelson for 2017 was just over $10m which was an increase of 10% from 2016.

5.7 This reflects the national trend in gaming machine expenditure which has risen by $64m ($40m inflation adjusted) in four years, from $806m for the year 1 July 2013–30 June 2014 to $870m for the year 1 July 2016–30 June 2017. It is not possible to determine whether the local or national increase has been generated by local residents or visitors to the region.

5.8 The following table shows Class 4 gaming expenditure in Nelson:

5.9 Since 2015, Council has received the following applications:

Year applied	Venue type	Applicant	Location	Application status
2017	Class 4 (9 EGMs)	NZCT	Malbas, 131 Bridge St	Approved
2016	Class 4	Pub Charity	Little Rock Bar & Nightclub, 165 Bridge St	Declined (proximity to Church)
2016	TAB / Class 4	NZ Racing Board	Unit A, 54 Vanguard St	Approved but later withdrawn by the applicant
2015	TAB / Class 4	NZ Racing Board	Shop 6, 126 Trafalgar St	Declined (proximity to ATM)

TAB’s

5.10 Nelson does not currently have any standalone TAB venues, but has publican managed TAB outlets or self-serving kiosks at four of the 11 venues operating EGMs. As these are not owned and operated by the New Zealand Racing Board, territorial authority consent is not required. Council last had an application for a standalone TAB venue in 2015 which was declined due to it not meeting the Policy requirement to be more than 100m from an ATM.

Gambling Harm

5.11 One of the purposes of the Gambling Act 2003 is to reduce the harm caused by gambling, and councils were required to consider the social impact of gambling within their district at the time of adopting the initial policy.

5.12 The objective of Council’s Gambling Policy reflects this intent through its objective: To support and promote harm minimisation principles for gaming activities within the Nelson city area.

5.13 Under the Gambling Act s4 harm is defined as: harm or distress of any kind arising from, or caused or exacerbated by, a person’s gambling and includes personal, social or economic harm suffered by the person; their spouse, family or wider community; in the workplace or by society at large.

5.14 The Ministry of Health (MoH) is responsible for services for problem gamblers and people affected by others’ gambling. The MoH provides a number of reports, including its overarching gambling strategy, ongoing research into problem gambling and its effects and the number of people receiving help.

5.15 MoH data on problem gambling presentations shows that 97 Nelson clients received face to face help in 2017 and that 40 of these were new clients. It also reports that presentations peaked (both in Nelson and New Zealand) in 2010 but have since been in decline along with Gambling Helpline client figures. However pub based gaming machine use continues to be the primary area of concern for those seeking help.

5.16 Research from the Health Promotion Agency’s Gambling Report 2016 suggests that although the prevalence of gambling harm is relatively low for the total population, it continues to be high among those who gamble regularly.

5.17 Additionally, the report’s findings highlight a correlation between people who live in areas of high deprivation with an increased risk of problem gambling. Being impacted by someone else’s gambling was also significantly higher for those living in an area of high deprivation.

5.18 It is recommended that for the purposes of considering deprivation in Nelson that areas with a level eight or higher (as defined by the New Zealand Index of Deprivation) are considered. Statistics New Zealand mesh blocks in Nelson with a deprivation of eight or higher are Tahunanui, Broad’s, the CBD (Trafalgar), Nelson Airport, Isel Park, Kirks, Grampians, Toi Toi and Washington (refer to maps in Attachment 1:A1971833).

Gambling Benefits

5.19 Approximately 40% of the net proceeds from EGMs is required to be returned to a society’s authorised purpose, often through community grants, a function which is monitored by the DIA. There are two types of society; those that apply funds to their own purposes e.g. clubs, and those that make grants to other bodies for community purposes. Most societies endeavour to return grant money back to the communities the money came from although some have specific authorised purposes, such as Air Rescue Services, which returns a significant amount of its proceeds annually to the Canterbury West Coast Air Rescue Trust.

5.20 The majority of Nelson grants are returned to sporting organisations, including for community facilities, however grants are also made for education, health and social activities. The district also benefits from a number of regional grants and details of these as well as grants made to Nelson can be found in page 13 of Attachment 1.

5.21 The Council also directly benefits from receiving society grants from time to time. Grants made to the Council for events since the last review in 2016 are:

Council grants	Summer Festival	Arts Festival	Total received
2016	$15,000	$11,195	$26,195
2017	$8,000	$17,290	$25,290

5.22 Council also benefits through the contribution from society grants to organisations raising their share of community facilities e.g. significant contributions have been made to Saxton Field facilities in this way.

Feedback on the Current Policy

5.23 To assist with the review, officers sought early feedback from Nelson’s Gambling Addiction and Advice Services. Concern was expressed over the number of problem gambling presentations due to Class 4 gambling and there was support for greater regulation in Council’s Policy through measures such as a sinking lid or a limit on the number of EGMs at new venues.

5.24 Officers have also undertaken a People’s Panel survey on whether the public wishes to see changes to the current Policy. Officers will report back on findings at the Committee meeting.

5.25 Other than a request by the New Zealand Racing Board to be notified when the Council was conducting its next policy review or from those making an application for a new venue, Council has not received any further feedback or interest in the Policy since its last review.

6. Options for Responding to the Review of the Policy:

Retain the Current Policy

6.1 Council could choose to retain the current Policy without change. It could potentially make this decision now, or it might decide to first carry out some form of engagement or consultation on a proposal to retain the Policy before making such a decision.

6.2 The advantage of retaining the Policy unchanged is that the Policy appears, for the most part, to be working well and it would save on resources. The disadvantage of retaining the Policy is that the Council would lose the opportunity of making some potentially beneficial amendments to the Policy (discussed in the following section) that may assist both to minimise the harm from gambling and to improve the drafting of the Policy.

6.3 If the Council proposes to retain the Policy unchanged, it should consider whether it is appropriate to carry out some form of engagement or consultation before making a final decision. Council could choose to consult on the current Policy without changes with the intent of seeking confirmation from the community that the Policy is delivering its desired outcomes.

6.4 The Policy was last consulted on in 2013, and rolling over the Policy without carrying out any form of engagement or consultation would mean that the community would not get the opportunity for input on the Policy until 2021/22, which would be nine years without input.

6.5 The advantage of not carrying out some form of engagement or consultation is that it would save considerable resources for the community and Council by not having to go through a special consultative process. However, the disadvantage of not carrying out some form of engagement or consultation is the lack of community input on the matter.

6.6 If the Council’s preference is to retain the current Policy, officers recommend that the Council carry out some form of engagement or consultation given that the last consultation process was undertaken in 2013 and that EGM expenditure has increased in the last 12 months.

6.7 The Council is required to consider the views and preferences of interested and affected persons in making a decision about whether or not to retain the current Policy. This does not necessarily oblige the Council to carry out some form of engagement or consultation, but such engagement or consultation could help identify such views. The Council ultimately has some discretion in determining whether or not to undertake any engagement or consultation and, if so, what form it should take, although it should have regard to the level of significance of the matter in making this call and the Council’s policy on significance and engagement.

Amend the Policy

6.8 As a result of the review, the Council may wish to amend the Policy. The possible amendment options are set out below. In amending the Policy the Council could choose to increase the cap on the number of machines allowed to operate in Nelson. However, given the harm reduction objectives of the Policy this option has not been included in the table below. Note: all the options set out below require a Special Consultative Procedure (SCP).

6.9 The Council can choose any one, or a combination of, the following options set out below. Officers are recommending that options 1 and 4 be consulted on. These options are recommended as they are likely to reduce the number of machines across the city as well as work towards fewer machines in high deprivation areas which are more vulnerable to gambling harm.

6.10 Under option 1, the cap on machine numbers would be reduced to 162 (the number of machines expected to be licensed at 20 September 2018 when the SOP is adopted by Council). Under option 4, the Policy would be amended to provide that new venues could not generally be located in areas of high deprivation. In addition, prohibited locations would include the area in Tahunanui zoned suburban commercial, as this is a likely location for machines which is on the edge of an area of higher deprivation.

6.11 It is also suggested that the CBD (Trafalgar) be exempt from this location prohibition. The reason the CBD is proposed to be exempt is that although this area is identified as deprivation eight, housing is limited in this area and it is the main entertainment area for the city.

Option 1: Reduce the cap on machines to 162 (currently 273)
Advantages	· In alignment with Council’s objective to support harm minimisation principles as it limits the number of machines able to operate in the Nelson district
Risks and Disadvantages	· This option is most effective when the cap is reduced to the number of active licences as no new venues would be able to be established. Reducing the cap to a level which continued to allow for new venue applications, in practice, may not be an effective tool to reduce gambling harm · Not likely to be supported by societies or clubs who may want to apply for consent for a new Class 4 or TAB venue · Not likely to be supported by community groups reliant on gaming society grants
Option 2: Introduce a sinking lid
A sinking lid policy would result in no new venues being able to be established and therefore a reducing number of machines if existing venues relinquished their licences
Advantages	· In alignment with Council’s objective to support harm minimisation principles as no new venues could be established within the Nelson district · Likely to be supported by those concerned with the harm caused by gambling
Risks and Disadvantages	· May, over time, reduce the money returned to the community through grants, and therefore is unlikely to be supported by community groups reliant on gaming society grants · Existing venues may be more reluctant to relinquish their licences knowing these could not be reinstated
Option 3: Introduce a limit on the number of Class 4 machines allowed at a new venue (e.g. 5 machines)
Advantages	· In alignment with Council’s objective to support harm minimisation principles as new Class 4 venue applications would only be able to establish a smaller number of machines for gaming activity · Likely to be supported by those concerned with gambling harm
Risks and Disadvantages	· Not likely to be supported by (or may discourage) societies or clubs who may want to apply for a new venue consent · May not be supported by community groups reliant on gaming society grants
Option 4: Provide that new venues cannot be located in high deprivation areas, being areas with an average deprivation of eight or higher (excluding the CBD)
Advantages	· Would safeguard Nelson’s more vulnerable communities as venues would be restricted from being established there · Likely to be supported by those concerned with gambling harm and those from high deprivation communities
Risks and Disadvantages	· May result in venues being established in new areas where no venues currently exist (not zoned open space recreation or residential) such as Port Nelson or Saxton
Option 5: Introduce a relocation policy.
A relocation policy is a policy setting out if and when a territorial authority will grant a consent to allow existing venues to relocate within its district
Advantages	· Would allow for relocation of machines in the event of a natural disaster and create more certainty for venue operators and corporate societies · Would allow venue operators and corporate societies operating in high deprivation areas to consider moving their machines without losing their machine licences
Risks and Disadvantages	· In practice is unlikely to lead to the relocation of venues in high deprivation areas (such as Tahunanui and Stoke) as these are longstanding venues serving their local communities · Would not result in a reduction in the number of venues or EGMs operating in Nelson
Option 6: Introduce new, or remove any existing, requirements to the Policy
This option provides for consideration of other changes to the Policy not covered by options 1-5 above, for example, removal of the 100m proximity rule. If Council wishes to modify the Policy using this option then the SOP will need to include full details of what these changes are and their advantages and disadvantages.
Advantages	· This option could assist to further achieve the Policy’s objectives
Disadvantages	· Any changes suggested at the meeting might require further research on their specific advantages and disadvantages prior to their being included in the SOP

6.2 In addition to the above options, officers are also recommending a number of editorial changes be made. This is because the review of the current Policy highlighted that some of the current Policy statements fall within the jurisdiction of the Department of Internal Affairs or the New Zealand Racing Board rather than that of a council. Other editorial changes have been recommended to provide greater clarity in the practical application of the Policy, e.g. for applicants making an application and staff assessing the application, or for information only.

6.3 The proposed changes are:

Policy section	Proposed changes	Reason for change
Policy title	Amend the title from Gambling Policy to Gambling Venue Policy	Better describes the intent and function of the Policy
1. Objective To support and promote harm minimisation principles for gaming activities within the Nelson city area	Amend the clause to: To have regard to the social impact of gambling within the Nelson City Council district in determining applications for consent relating to new Class 4 and TAB venues	The proposed objective is more closely aligned to the purpose of the legislation as set out in the Gambling Act 2003 and the Racing Act 2003
1.1.6 / 1.1.7 / 1.3.3 /1.3.4	Provide a definition of how the 100 metre rule is to be measured as follows; a 100 metre radius from any public entrance to the venue.	Application of policy to new venue applications is clear for both the applicant and officers
1.1.4 The venue not being primarily used for operating gaming machines	Remove the clause	This is an existing requirement of the DIA in granting approvals and regulating ongoing compliance with licensed operators. Gambling Act 2003 (s65(2)(j))
1.1.5 No more than 25% of the venue floor area being dedicated to Class 4 gambling activities	Remove the clause	This rule does not obviously fit within the scope of a policy as allowed under section 101(3) of the Gambling Act
1.1.8 Operators having measures in place to ensure that people under the age of 18 cannot access the gambling machines	Remove the clause	This is an existing requirement of the DIA in granting approvals and regulating ongoing compliance with licensed operators. Gambling Act 2003 (s67(1)(b))
1.1.9 Best practice being demonstrated in the applicants proposed harm minimisation policy including the gaming machines being sited where there is natural light and clocks visible	Remove the clause	Regulation of harm minimisation is the role of the DIA. See Gambling Act 2003 (s65(2)(d))
1.3.5 Operators having measures in place to ensure that people under the age of 18 cannot access the premises	Remove the clause	Underage betting is currently an offence under the Racing Act 2003 (s63(2)(a)) and is the responsibility of the NZ Racing Board to oversee
1.3.6 Best practice being demonstrated in the applicant’s proposed harm minimisation policy	Remove the clause	It is a function of the NZ Racing Board to develop or implement, or arrange for the development or implementation of, programmes for the purposes of reducing problem gambling and minimising the effects of that gambling. Racing Act 2003 (s9(1)(f))
1.4 Application fees will be set by Council from time to time and shall include: 1.4.1 The cost of processing the new application, including any consultation and hearing involved 1.4.2 The cost of reviewing the Policy every three years	Remove the clause from the table and reinsert as standalone amended text as follows: Application fees will be set by Council from time to time and shall include the cost of processing the new application. The Council will comply with section 150 of the Local Government Act 2002 in setting such fees	Fees are not something that is specifically within the scope of the policy (under section 101(3) of the Gambling Act and section 65D(3) of the Racing Act), hence they have been removed from the list of rules. That said, it is helpful to still mention fees in the policy, so that potential applicants are alerted to them, and so they have been moved to be stand-alone text.

6.4 The advantages of removing the clauses noted above is that the Policy is more closely aligned with the legislation. The disadvantage is that some members of the public might be concerned that removal of these clauses could increase the likelihood of the new venue applications being approved by Council.

6.5 There are some other very minor editorial changes that have not been noted in the table above. This is because these do not substantively change the Policy but have been suggested to more accurately reflect the requirements of the legislation. A copy of all the suggested editorial changes can be found in the attached Statement of Proposal (SOP) A2008367.

Statement of Proposal

6.6 If Council wishes to amend the Policy it will need to adopt a SOP and consult on it using the SCP. Officers have prepared a draft SOP based on the recommended options set out in this report. Council can adopt the draft SOP as attached or amend it before going out for consultation:

Option 1: Adopt the attached SOP for consultation. This is the recommended option.
Advantages	· Allows the community to be consulted on their views in the matter, and complies with the council’s statutory obligations to consult using the SCP
Risks and Disadvantages	· Requires time and resources from the community and Council
Option 2: Amend the attached SOP and then undertake consultation
Advantages	· Provides Council the opportunity to make more significant changes if necessary
Risks and Disadvantages	· May require further time and delay the proposed timeline for the Gambling Policy review

7. Consultation

7.1 If the review leads the Council to conclude that the Policy should be amended, it is obliged to use the Special Consultative Procedure (SCP), due to section 101 of the Gambling Act and section 65E of the Racing Act, and which is described under section 83 of the Local Government Act 2002 (LGA).

7.2 The LGA requires the territorial authority to give public notice, and such other notice as the local authority considers appropriate, of the SOP and the consultation being undertaken.

7.3 Additionally the Gambling Act 2003 requires notice be given to the following stakeholder groups within its district:

· each society that holds a Class 4 licence

· organisations representing Māori in the district.

7.4 The Racing Act 2003 requires notice to be given to:

· The New Zealand Racing Board

· organisations representing Māori in the district.

7.5 Under s87(3) of the LGA a SOP must include:

a) the proposed changes;

b) the reasons for the changes;

c) what alternatives to the changes are reasonably available.

7.6 Section 83 of the LGA 2002 requires Council to consider whether a summary of the SOP “is necessary to enable public understanding of the proposal.” The proposed SOP is five pages long and a summary would require at least two pages. Therefore, a summary is not considered necessary to assist with public understanding of it.

7.7 The public consultation process provides an opportunity for the public and other stakeholders to engage in the process and a structured way in which Council can respond to any concerns that may be raised. The proposed timeframe is outlined below:

Draft Statement of Proposal to Council for approval	Planning and Regulatory Committee – 23 August 2018 Council – 20 September 2018
Statement of Proposal publicly notified and open for submissions	24 September 2018
Consultation closes	24 October 2018
Hearings by Planning and Regulatory Committee	13 November 2018
Deliberations by Planning and Regulatory Committee	29 November 2018
Policy adopted by Council	13 December 2018
Department of Internal Affairs provided with updated copy and stakeholders notified of decision	By the end of December 2018

8. Conclusion

8.1 Council has a statutory requirement to review its Gambling Policy by March 2019. This review has been undertaken, as outlined in this report, and Council needs to decide how to respond to the review, in particular, whether to roll over the current policy or consult on the current Policy or amend it.

8.2 Officers are recommending amendments be made to the Policy, and that the Council consult on these proposed amendments. The amendments primarily relate to reducing the cap on machine numbers and preventing new venues from being located in high deprivation areas, but also include editorial changes to improve the Policy. The proposed amendments are set out in the attached SOP. The consultation process would commence in September and the final Policy be adopted by the end of December 2018.

8.3 If, however, the Council proposes to roll over the current Policy, rather than make amendments, officers recommend that the Council carry out some form of engagement or consultation on a proposal to retain the Policy. Given that the last consultation process was undertaken in 2013 and that EGM expenditure has increased in the last 12 months, consultation with the public to obtain their views on the Policy is likely to be appropriate.

Gabrielle Thorpe

Policy Adviser

Attachments

Attachment 1: A1971833 - Information document: Review of gambling in the Nelson district ⇩

Attachment 2: A2008367 - Draft Statement of Proposal ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Council is required by the Gambling Act 2003 and Racing Act 2003 to have gambling venue policies in performance of its regulatory functions. Under legislation the Policy must undergo a review every three years.

2. Consistency with Community Outcomes and Council Policy

Controlling the number of gambling venues, machines and their location contributes to the community outcome, Our communities are healthy, safe, inclusive and resilient and is consistent with the principles in Council’s Social Wellbeing Policy 2011 for a happy, healthy community where people have access to necessary services and facilities and feel connected to each other and to the city.

Consulting with the community on proposals to amend the Policy contributes to the community outcome, Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement

3. Risk

There is a risk that the community would not support Council rolling over the Policy as this would mean that the community would have to wait nine years before having the opportunity to have a voice in the matter. However, there are a wide range of views of what is considered appropriate for gambling regulation, such as found in Council’s Gambling Policy, from those who enjoy recreational gambling or recognise the benefit the community receives from Gaming Trust money to those concerned with the harm gambling causes. Therefore there is a risk that the proposed draft objectives and amendments may not be supported by sectors of the community, however this risk will be mitigated through the consultation, hearing and deliberation process.

4. Financial impact

The financial impact of the application of the Policy to new venue consent requests is covered through the applications fees and charges and existing business work programmes by Council officers. There will be an additional cost of undertaking a SCP on proposed changes to the Policy but these will be met within existing budgets.

5. Degree of significance and level of engagement

This matter will be of low to medium significance to most members of the community, particularly those who do not gamble, but of high significance to businesses, gaming societies and community groups who rely on the proceeds of gaming machines. It will also be of high significance to support groups, individuals and families affected by the negative effects of gambling. Overall the level of significance is medium. Given this level of significance Council would then normally consider what level of consultation it would undertake, however, this step is not required as under the Gambling Act 2003 and the Racing Act 2003 Council is required to consult on any changes to the Policy using a SCP.

6. Inclusion of Māori in the decision making process

It is a requirement of the Gambling Act 2003 and the Racing Act 2003 to provide notice of the proposed draft policy to organisations representing Māori in the Nelson district. This will happen as part of the public consultation period by way of notification of the proposed draft changes directly to organisations representing Māori in the Nelson district.

7. Delegations

The Planning and Regulatory Committee has the following delegations to consider the review of Council’s Gambling Policy.

Areas of Responsibility:

· Public health

Powers to Decide:

· To hear and deliberate on submissions for Special Consultative Procedures, or other formal consultation requirements arising from legislation, falling within the areas of responsibility

Powers to Recommend:

· Statements of proposals for Special Consultative Procedures, or proposals for other formal legislative consultation procedures, falling within the areas of responsibility

Item 9: National Policy Statement on Urban Development Capacity - Quarterly Monitoring Report to March 2018

Planning and Regulatory Committee

23 August 2018

REPORT R9571

National Policy Statement on Urban Development Capacity - Quarterly Monitoring Report to March 2018

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 January to March 2018 quarter is the fourth of these reports.

2.2 The trends shown in the monitoring report are broadly consistent with those detailed in the December 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 continue to increase, and affordability remains an issue although the increase has slowed from 15% in the year to March 2017 to 8.5% in the year to end March 2018.

2.4 Demand for social housing continues to grow with an increase of 47 applicants since March 2017 to 100 applicants in total on the Housing Register.

2.5 Residential building consents for new dwellings in Nelson over the last 12 months number around 50-60 new dwellings per quarter.

2.6 The new price-cost ratio indicator recently released by the Ministry of Business Innovation and Employment (MBIE) for medium growth areas shows that land costs are just above the ‘acceptable’ level as a proportion of the total cost of new houses.

2.7 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 on Urban Development Capacity - Quarterly Monitoring Report to March 2018 (R9571) and its attachment (A2019000); 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 The NPS-UDC 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 but the price-cost ratio indicator is available for this monitoring report.

5. Discussion

Housing Market

5.1 Between the beginning of 2014 and 2017 building consents for new dwellings declined while estimated household numbers 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 are 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. For the purposes of monitoring, the MBIE data is used to allow consistency with the rest of the measure produced by MBIE.

5.2 While building consents for new dwellings in Nelson have increased there is still an overall undersupply in the Nelson-Tasman market.

5.3 Across the combined Nelson City - Tasman District area, prices increased 8.5% during the year ended March 2018, compared with a 15% increase in the year ended March 2017.

5.4 The shortage of new housing is despite Nelson having an estimated ten 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 Housing Affordability Measure (HAM) Buy measure for Nelson City and Tasman District has been updated to cover the period up to March 2017. A summary of the trends for this data from the last report is included below.

5.6 The MBIE HAM Buy measure for Nelson City and Tasman District 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 2017, 86.3% of first-home buyer households in Nelson, and 84.5% 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 since then. The measure indicates that at March 2017, 68.1% of rental households in Nelson, and 65.1% for Tasman, cannot comfortably afford typical rents.

5.8 The new price-cost ratio indicator recently released by MBIE for medium growth areas shows that land costs are just above the ‘acceptable’ level as a proportion of the total cost of new houses with a ratio of around 1.5 for Tasman and 1.6 for Nelson.

5.9 Commercial and Industrial Property Market

5.10 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.

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

Author: Chris Pawson, Strategy and Environment Senior Analyst

Attachments

Attachment 1: NPS-UDC Monitoring Report to March 2018 (A2019000) ⇩

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

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The Planning and Regulatory Committee has powers “To perform all functions, powers and duties relating to the areas of responsibility conferred on Council by relevant legislation and not otherwise delegated to officers”. Included in the “areas of responsibility” is the responsibility for the District and Regional Plan, which must give effect to the National Policy Statement on Urban Development Capacity.

Planning and Regulatory Committee

23 August 2018

REPORT R9348

Environmental Management Report for 1 April - 30 June 2018

1. Purpose of Report

1.1 To provide:

(a) A quarterly update on activity and performance for the Council’s planning, regulatory, science, city development and environment functions.

(b) To provide an annual summary on Environmental Management Group activities.

2. Summary

Activity

Level of service needed

Achievement

Building

Compliance with statutory timeframes.

Developing consistent working methodologies.

Statutory time limits have continued to be met for processing of building consents.

Inspection target timeframes are now back well within 72 hours with most being achieved in 48 hours from request.

Nelson City Council is continuing to work with Tasman District Council on the Alpha 1 online end to end consent system noting this is entering the implementation stage with a planned October 2018 Go Live date.

Activity	Level of service needed	Achievement
Consents and Compliance	Delivery of all statutory regulatory functions. Compliance with statutory timeframes.	90% compliance with resource consent timeframes was achieved.
Science and Environment	Delivery of all programmes. Compliance and reporting against relevant policy statements and standards.	Project Maitai/Mahitahi four year programme has been completed. Further work in the Maitai/Mahitahi and other catchments will be managed through the Healthy Streams programme. There has been a focus on developing a land management programme. The waste minimisation programme has re-started for the Team. The Regional Pest Management Plan is progressing. Council has become a member of CEMARS. The Environmental Monitoring consent fees statement of proposal has been prepared. Delivery of the State of the Environment monitoring and reporting for air quality, freshwater quality and quantity, biodiversity (terrestrial and freshwater), and estuarine health to the Council, Ministry for the Environment, LAWA (regional council web portal) and the community. Data analysis undertaken for the annual report. The development of soil, marine, and additional biodiversity monitoring programmes.
Planning	Resource management plans are current and meet all legislative requirements.	The focus in this quarter was finalising technical work, and completing peer review.
City Development	Coordinated growth with infrastructure. A well planned city that meets the community’s current and future needs.	One Special Housing Area (Ngati Rarua SHA) was recommended in March to the Minister. Five SHAs (three new SHAs and two amendments) were gazetted in April: Saxton and 1A Hill Street, Tasman Heights, 381 Nayland Road, 40 Tasman Street and amendments to Bayview and Wastney SHAs. The fifth quarterly monitoring report required by the National Policy Statement – Urban Development Capacity (NPS –UDC) has been completed and is included in the Planning and Regulatory Committee 23 August agenda.

3. Recommendation

That the Planning and Regulatory Committee:

Receives the Environmental Management Report for 1 April - 30 June 2018 (R9348) and its attachments (A1985228, A2002980, A2002680, A1786147 and A2002639); and

Approves the Nelson City Council Dog Control Activity Report 2017-2018 in Attachment 2 to Report R9348 (A2002980); and

Approves the Nelson District Licensing Committee Annual Report 2017-2018 in Attachments 3 to 5 to Report R9348 (A2002680, A1786147 and A2002639).

4. Background

4.1 The report and attachment detail the performance monitoring of the Council’s regulatory and non-regulatory activities, how these activities have changed over time and identifies their strategic direction.

4.2 The Dog Control Activity Report is required to be sent to the Secretary for Local Government under the Dog Control Act 1996 section 10A(3) and (4). The report summarises the categories of dog registration and types of complaints and enforcement action taken in the last financial year.

4.3 The Sale and Supply of Alcohol Act 2012 section 199(1) requires every territorial authority to send an annual report to the Alcohol Regulatory and Licensing Authority. The report summarises the activities of the District Licensing Committee and Licensing Inspectors over the last year including the number and type of alcohol licence applications received.

5. Discussion - Building

Achievements

5.1 The Nelson City Council Building Consent Authority (BCA) has consistently processed building consents and certificates of acceptance within the statutory time limit of 20 working days throughout the year. Additionally there have been no breaches of this time limit for granting building consents since June 2017. (See Attachment 1 for a full summary of the statistics for this financial year.)

5.2 The implementation stage for the Digital Building Control Solution system across Nelson City Council and Tasman District Council has commenced. This system will drive more consistency and industry standardised processing and inspections and will automate key manual processes.

5.3 The Building (Earthquake-Prone Buildings) Amendment Act 2016 transition continues to track to the timeframes. The key work package from the new legislation, the territorial authority (TA) role in identification of Priority Buildings, is planned for late in 2018.

Trends

5.4 Building consent applications, whilst 9% lower than 2016/17, were still 3% higher than 2013/14 and 22% higher than 2014/15. The general indication is that the trend is for a higher volume than in some previous years.

5.5 The high numbers of building consents applied for and granted in the prior year 2016/17 have ensured a busy year for inspections staff. Annual inspections numbers have topped the last five years with a total of 7443. Q4 inspections alone were the highest number undertaken over the same period month on month for the last five years.

Strategic direction and focus

5.6 The BCA continues to work hard to meet all requirements to maintain IANZ accreditation. The next accreditation reassessment is due in June 2019. As such, with changes in the Ministry of Business Innovation and Employment’s assessment framework, preparation for this will be a key focus over the next 10 months.

5.7 The online Digital Building Control Service solution will be implemented later this year across Nelson City Council and Tasman District Council. This is planned to drive a more collaborative and aligned approach. This is also intended to provide efficiency gains, opportunities for sharing of resources and a more consistent customer experience.

5.8 The next year will see some focus on other TA roles of the team, mainly around commercial building compliance auditing and further development of the Earthquake Prone Building transition work.

Risks and challenges

5.9 Since the change in April 2017 to the GoGet inspections module, there have been a small number of 20 working day breaches for issuing building Code Compliance Certificates. The breaches are because of a manual part in the process which is being changed to be part of the electronic checking system to assist in remedying the issue.

5.10 Moving to a new end to end online solution will create its own risks for the team. It will require some changes to current working practices and has a fair learning curve. It is expected that the six months from Go Live could see risks around time frames but this will be closely monitored.

5.11 The major challenge is around recruitment. The Team Leader role has been vacant for six months and this has added to the team’s and manager’s workload. The next strategy to recruit is in play but attracting candidates in the building control discipline is acknowledged as a challenge nationwide.

Annual summary for 2017/18

5.12 In the last 12 months 908 building consents and amendments have been applied for and 874 granted. Whilst this is less than last year, it is the second highest in the last five years.

5.13 The estimated value of work consented for the year has totalled $167 million compared with $186 million (2016/17) and $122 million (2015/16).

5.14 The Inspection team has topped 7443 inspections undertaken over the 12 months which is the highest number over the last five years.

6. Discussion – Consents and Compliance

Achievements

6.1 The successful prosecution of KB Quarries for the discharge of sediment laden water to Maire stream resulted in a fine of $90,000 with 90% of the fine to be paid to Council. A large portion of these funds will be used to enhance the stream. As a result of this enforcement action, other earthworks contractors have been noticeably more engaged with monitoring officers to ensure best practice methods are employed to prevent discharges.

6.2 Maritime New Zealand has granted the Council $29,000 for the 2018/19 harbourmaster activities, which enables the continued employment of a full-time deputy harbourmaster resulting in more safety patrols on the water.

Trends

6.3 Compliance with statutory timeframes has slipped to 90% on time this year compared to last year’s average of 98%. A late processing discount applied to seven per cent of the total number of consents issued. The total discount amount was $7412.39. The resource consents team have essentially carried two vacancies for the whole year. Timeframes are expected to improve as new staff fill the vacancies.

6.4 Parking enforcement was reduced this year compared to last year as illness and injuries affected officers. Early recruitment and replacement of officers will ensure targets for patrol hours are met going forward.

Strategic Direction and Focus

6.5 Resource consenting is transitioning to electronic processing. The Regulatory Services contract has been reviewed and altered to reflect the required level of service increases in consent and permitted activity monitoring, particularly for the National Environmental Standard – Plantation Forestry.

Risks

6.6 Compliance with consent timeframes may still not be achieved for the next six months while vacancies are filled and new staff get up to speed.

Annual Summary for 2017/18

6.7 The number of consents issued fell by 11% compared to last year but on a per person ratio planners have issued 83 consents each this year compared to 67 each last year. The quality of consents has remained high with only 1% of all consents issued being objected to.

6.8 The Deputy Harbourmaster has carried out safety checks on around 2000 vessels this summer and organised a number of successful education campaigns. The harbourmaster has been involved in the successful rescue of nine people on six different occasions. Without the assistance of rescue organisations, at least one of those incidents would have likely resulted in a fatality.

6.9 Levels of service in the parking enforcement and alcohol inspection activities have been lower than last year due to staff illness and non-work related injuries. Resource consent monitoring activities have been affected by staff needing to dedicate a lot of time to the prosecution and enforcement order processes. Other regulatory activities have been at a similar level or have increased. A new contract with Environmental Inspections Limited commenced on 1 July 2018.

7. Discussion – Science and Environment

Achievements

7.1 Community engagement work in the Wakapuaka catchment resulted in over 5000 trees being provided to landowners alongside the river and its tributaries for riparian planting to support water quality outcomes. There has also been increased uptake of riparian fencing grants across all rural catchments.

7.2 A map showing Nelson’s potential ecosystems was commissioned by Nelson Nature as part of a national Regional Council project to develop a consistent map of potential ecosystems across New Zealand. The map shows the ecosystems that would be present in Nelson if people had never settled here, including areas that are currently devoid of indigenous vegetation (for example urban areas). The mapping will be used for prioritising biodiversity management at both a regional and national level.

7.3 Nelson Nature completed a report identifying priority sites for management of Significant Natural Areas (SNA) on private land, and has supported landowners of eight high priority SNAs with weed control contractors this quarter. These sites are situated in the Whangamoa, Wakapuaka, and Todd Valley catchments and represent a range of important or rare ecosystems, including wetlands. There are 165 discrete areas across the Nelson region identified through the Nelson Plan review process as containing significant biodiversity values.

7.4 A survey for infestations of gorse and Spanish heath was completed by Nelson Nature across 700 ha of the Dun Mountain mineral belt. Spanish heath and gorse have the potential to irreversibly modify the rare plant communities of this unique area. The survey found that gorse and Spanish heath are largely absent from the central core of the mineral belt, apart from a couple of small infestations already known. Future management of these weeds will focus on controlling these infestations and preventing future spread.

7.5 The final stretch of the Dun Mountain Trail in the Tantragee Reserve was planted with native vegetation by Nelson Nature following a successful bid to the Ministry of Business, Innovation and Employment (MBIE) for $10,000 project funding earlier this year (matched by another $10,000 from NCC).

7.6 The construction of the wetland at Groom Creek has now been completed through Project Maitai/Mahitahi. A public planting day saw 70 people plant over 1000 trees at a community barbeque. The wetland will be formally opened in September.

7.7 The York Stream/Te Wairepo Project continued to encourage the participation of residents in caring for the York Stream, through the use of behavioural based approaches. A number of events were held during the quarter including a stand at the Victory Matariki event, and a Team Up to Clean Up event which attracted 70 people. Work on improving York Stream will continue through the Healthy Streams programme.

7.8 The Ministry for Primary Industries granted $6500 to Nelson City Council for a commemorative planting event later in July at Branford Park, which will be delivered in partnership with the Nelson RSA and the Friends of the Maitai.

7.9 A fish map web application has been developed to allow widespread access to existing fish survey data. This will allow anyone undertaking work in or around rivers to access the latest fish presence/absence information. The app was used to present the 2013-2018 Wakapuaka fish survey results at the Wakapuaka Burst in to Life technical workshop.

7.10 Surveys to identify and then remediate fish barriers in the Todd Valley and Hillwood Streams were completed. Repeat fish surveys have been carried out for the upper reaches of some urban streams, and the smaller tributaries of the rural streams, to help understand the impact of removing fish barriers and to complement baseline State of the Environment fish monitoring.

7.11 Koaro spawning surveys were undertaken at suitable sites in upper catchments. The Brook Stream still remains the only known spawning site for migratory koaro in the country, with a new spawning site found upstream of the 1868 weir in June.

7.12 Cyanobacteria monitoring data and research from the last five years for the Maitai River were analysed by the Cawthron Institute to provide guidance on conditions likely to provide the highest risk for cyanobacteria blooms. The analysis includes a predictive model for blooms based on live flow data for the Maitai at Avon Terrace. Follow up investigations from the report recommendations are anticipated for the coming summer.

7.13 In conjunction with its Top of the South Marine Biosecurity Partners (Tasman District Council, Marlborough District Council and the Ministry for Primary Industries) the Council purchased a floating dock (Fabdock) that will allow up to 20m long vessels to be treated in emergency situations for harmful marine organisms growing on their hulls.

7.14 An annual survey of vessels, piles and pontoons in the marina for Mediterranean fanworm (Sabella) occurred in June and no Sabella was found during the survey. Mediterranean fan worm (Sabella) was however, discovered on a vessel moored in Nelson Haven in November. The vessel was treated and a follow up survey of the relevant swing mooring area detected no further sign of Sabella. During the annual survey several vessels were found to have Styela clava (clubbed tunicate/sea squirt) on their hulls – this was widely spread and in relatively high numbers, although the organism size was smaller than earlier surveys. The vessels were cleaned.

7.15 The Council’s waste minimisation programme was re-launched in April through activities including the implementation of an ongoing e-waste subsidy programme; the delivery of zero waste event workshops for event organisers; the introduction of Kickstart Compost Month to help divert organic waste from landfill; and support for the development of a new community-owned coastal clean-up programme to replace the Big Beach Clean.

7.16 Nelson College and its prep school joined the Enviroschools programme this quarter, bringing the total number of Enviroschools in Nelson to 16 schools and 10 kindergartens; and a new partnership agreement for delivery of Enviroschools in the Early Childhood sector was signed between Nelson City Council, Tasman District Council, Nelson Tasman Kindergarten Association and the Toimata Foundation. Two events were held in April involving over 700 students; the Heritage Festival Time Travel Challenge and the annual Moturoa Mission.

7.17 Twenty-three applications to the Heritage Project Fund were received for the 2018/19 round, seeking a total of $544,000. The fund of $100,000 will be allocated in July.

7.18 Smoky chimney patrols resumed this winter, along with continuing behaviour change programmes including Good Wood, and Burn Bright campaigns.

7.19 In June Nelson City Council researched and then joined the Enviromark CEMARS (Certified Emissions Measurement and Reduction Scheme) as a first step towards a baseline assessment of Council’s carbon emissions, which will be completed this year.

Strategic Direction and Focus

7.20 The focus for the July to September quarter will be on project reporting for the 2017/18 year, initiating project delivery for the 18/19 year, and preparation for recruitment for three new roles; an Environmental Information Officer, a Coastal Scientist and an Environmental Data Manager.

7.21 The new Healthy Streams programme will begin as a sister programme to Nelson Nature. Nelson Nature will continue to focus on terrestrial biodiversity and Healthy Streams will focus on freshwater health and biodiversity across the whole Nelson region.

7.22 A statement of proposal has been completed for proposed new Environmental Monitoring consent fees, and a special consultative procedure will be followed over the next two quarters regarding the fees.

7.23 The proposed Tasman-Nelson Regional Pest Management Plan was notified on 4 November 2017 and 86 primary submissions and 14 further submissions were received. The joint Regional Pest Management Committee completed deliberations of submissions on the Proposed Tasman-Nelson Regional Pest Management Plan on 2 July 2018, and will meet again within three months to finalise its recommendations to both Nelson City Council and Tasman District Council for adopting the Plan before the end of 2018.

7.24 A comprehensive State of the Environment report for the 2017/18 year will be published in the second quarter of this year, across all the environmental domains where Nelson City Council holds robust data and information. A range of quick reference environmental scorecards reflecting key environmental reporting domains will also be published alongside the report.

7.25 Scope development will continue for new land management; soil monitoring, groundwater monitoring, and marine monitoring work streams to fill the gaps in our state of the environment monitoring and research programme.

7.26 A plan to provide guidance for the development of the Nelson Wildlife Halo is being prepared by Nelson Nature. The plan will identify priority areas for community and Council efforts of predator control and habitat enhancement to protect and enhance native bird populations in Nelson.

7.27 A report analysing the feasibility, cost and priority of proposed Nelson City Council actions in the draft Waimea Inlet Action Plan will be completed and presented to the Planning and Regulatory Committee in November.

7.28 The Ministry for the Environment has started discussion on proposed changes to the National Environmental Standard – Air Quality (NES-AQ). This is likely to alter future AQ monitoring and compliance programmes. Public consultation is scheduled for mid-2019 with implementation early 2020.

Risks

7.29 There was one exceedance this quarter of the National Air Quality Standard for air quality (NES) of no more than 50µg/m3 in Airshed A (51µg/m³ was recorded at the St Vincent St site on 27 June 2018). Total exceedances for the year are reported in the Annual Summary below.

Annual Summary for 2017/18

7.30 In 2017/18 there were two exceedances of the National Air Quality Standards for air quality (NES) in Airshed A. However, the NES requirement for this airshed of no more than three exceedances by 2020 has been met. There were also two exceedances in Airshed B1 (Tahunanui) this year which are likely dust related given the time of day and time of year. The NES requirement for this airshed is no more than one exceedance after 2018 which has not been met. There were no exceedances recorded in Airshed B2 (Stoke) or Airshed C (monitored at Brook Valley and Dodson Valley) in the 2017/18 year.

7.31 Since Air Plan Change A3 allowed the installation of up to 1000 Ultra-Low Emission Burners (ULEBs) into Airshed B2 (Stoke) and 600 into Airshed C (Brook/Atawhai), applications to install 105 ULEBs have been received for Airshed B2 (41 in 2017/18) and 112 for Airshed C (37 in 2017/18).

7.32 An estimated 884 plants were destroyed on private land under the Council’s Taiwan Cherry control programme (151 mature trees; 183 saplings and approximately 550 seedlings).

7.33 Funding was received in this year from MBIE for the Dun Mountain Trail, and $32,000 of this was in relation to enhancement works at Groom Creek and the Tantragee Reserve. The final stretch of the Dun Mountain Trail in the Tantragee Reserve has now been planted.

7.34 Funding of $60,000 was secured by Forest and Bird from the DOC Community Fund to help support Nelson Nature’s weed control programmes on Dun Mountain. The funding will be spent across three years and will hasten the removal of invasive wilding conifer, gorse and heath from the area, reducing the long term costs of these control programmes.

7.35 The last dense infestations of wilding conifers in the Dun Mountain area were controlled by Nelson Nature this year. Five hundred and fifty hectares of dense wilding conifers have been controlled in native forest edges of the mineral belt in the Roding Valley. Next year’s control efforts will focus on controlling any scattered mature conifers remaining in the mineral belt areas.

7.36 Nelson Nature partnered with Landcare Trust to improve water quality outcomes in the Wakapuaka catchment through a project branded ‘Wakapuaka: Bursting into Life!’ The majority of land in the catchment is in private ownership, so the focus has been on working with rural landowners on riparian planting, weed control, stock exclusion, septic tank use, encouraging the use of rainwater collection and awareness of water quality issues.

7.37 The fourth and last year of Project Maitai/Mahitahi was completed with key highlights for the year including the completion of the wetland at Groom Creek, the installation of fish passage through the lengthy St Vincent St culvert, the Walk the Chalk walking symposium at York Stream, the analysis of five years’ worth of cyanobacteria research and data, and the planting of 11,372 native plants in the Maitai catchment (7439 at Groom Creek itself, the remainder through the catchment including York and Brook streams).

7.38 One hundred and fifty four heritage building owners received a total of $68,638 in Rates Remission for Heritage Maintenance over the year.

7.39 Enviroschools regional coordination was brought in-house from January which led to large changes in the organisation and delivery of the programme. New facilitation contracts were signed in December and January, which now include both waste minimisation and active transport components.

7.40 The 1000^th home was insulated under the Warmer Healthier Homes Scheme and the Eco-design Adviser visited 139 homes and spoke to 22 groups on how to keep homes warm, dry and energy efficient.

7.41 A continuous turbidity sensor has been installed in Orphanage Creek at Ngawhatu hydrology site as a trial. This is part of an increased focus to monitor sediment and turbidity in vulnerable catchments.

7.42 The Science and Environment team developed a more co-ordinated approach to State of Environment monitoring and reporting, with greater engagement in regional sector Special Interest Groups and associated monitoring across key environmental domains, including land management, climate change, biodiversity, groundwater, information management and water and air quality.

7.43 Council staff worked with the Nelson Marlborough Health Protection Team to improve communication and manage the public health risk during extreme weather events when bathing water quality limits are exceeded.

8. Discussion - Planning

Achievements

8.1 The focus in this quarter has been on getting the draft Nelson Plan and web map pulled together. The draft Nelson Plan has been through a peer review and workshopped with Council. Amendments and scenario testing is now being completed including changes in line with Committee direction to increase the residential density, adjust “avoid statements” with best practice, and align with the City Vision and operative air quality standards. Draft Section 32 evaluations of Nelson Plan provisions is ongoing including undertaking a cost benefit analysis.

8.2 Additional technical work and stakeholder engagement has been undertaken and will continue to aid the development of the Draft Nelson Plan.

Growth, Development and Urban Form

8.3 Two growth scenarios (comprising a mix of intensification and urban extension) have been prepared to inform the preparation of the Draft Nelson Plan including the extent of zones. The feasibility of intensification and higher density development in existing urban areas has been tested through April and June 2018.

Preparing for the Next Phase of Nelson Plan Development

8.4 Draft Plan provisions have been provided to Market Economics who are undertaking the economic cost benefit assessment of the Plan. Requests for Proposals have been assessed for Eplan and Legal providers. Cultural peer reviewers have been appointed to aid the Iwi Working Group to provide targeted feedback on the Draft Plan.

Strategic Direction and Focus

8.5 Cost benefit analysis and legal peer review will happen through this next phase. There will be further discussions with landowners who will require site specific zoning such as the Port, Airport, Hospital, and quarries.

Risks

8.6 The timing of notification will need to be reviewed as the Plan progresses.

Annual Summary for 2017/18

8.7 2017/2018 involved the finalisation of regional plan/district plan level Nelson Plan workshops and endorsement of the workshop outcomes, then the compilation of the entire Nelson Plan, planning peer review and preliminary consent testing.

8.8 A wide range of technical work and stakeholder engagement has also occurred throughout 2017/2018. This has included engagement with landowners with site specific zoning, heritage, biodiversity, and landscape values along with ongoing discussions with landowners affected by natural hazards. Additional technical work has been undertaken to refine freshwater values and attributes and objectives and limits and understand coastal erosion and inundation and slope risk as well as improving natural hazard mapping.

8.9 Meetings have continued with the Iwi Working Group and Freshwater Management Unit groups to inform the development of draft plan provisions. The Committee also approved Draft Water Quality Primary Contact (Swimmability) targets.

8.10 Plan amendments were approved to update the Nelson Resource Management Plan with new National Environmental Standards for Plantation Forestry although further changes will be report to the next Committee meeting.

8.11 Officers have maintained a watching brief on national policy changes relating to national planning standards, air quality, and climate change.

8.12 The Committee agreed to commence the review of the Dog Control Policy and Bylaw, to be completed by 25 February 2020.

8.13 The Draft Environment Activity Management Plan was approved by the Planning and Regulatory Committee on 3 October 2018. This brought together all the environment activities under one plan for the first time. The adoption of the Environment Activity Management Plan 2018-2028 will be considered in a different report on this agenda following the adoption of the 2018-2028 Long Term Plan.

8.14 Significant progress has been made in resolving boat access issues at Maori Pa Rd, with a draft stakeholder proposal currently sitting with local hapu for consideration, and wider discussions over the hapu’s aspirations for the Delaware Inlet continuing.

8.15 The Planning team had a full complement of staff in the second half of 2017/2018 after having a number of vacancies in the first half of 2017/2018.

9. Discussion –City Development

Achievements

9.1 One Special Housing Area (SHA), Ngati Rarua SHA, was recommended to the Minister of Housing and Urban Development in the last quarter. Cabinet approved the five recommended from the previous quarter: Summerset Retirement Village (Saxton and 1A Hill Street SHAs), Bayview (Atawhai Drive), 381 Nayland Road, 40 Tasman Street and 23 Wastney Terrace which were gazetted in April.

9.2 Developers of a further six SHAs (Brookside Village, Quail Rise, 3B and 3C Hill Street North, 2 City Heights, 31 Tipahi Street and 397 Suffolk Road) are still working with officers to meet Council’s deed and resolution requirements in order that they can be recommended to the Minister.

9.3 City Development officers completed the review of the Development and Financial Contributions Policy 2015 and the Development Policy 2018 is now operative, including the provision of an online calculator tool to assist applicants.

9.4 During the last quarter officers worked with Asset Managers to identify additional infrastructure requirements to support current and future growth areas, resulting in a proposal to better fund transportation issues in the Saxton Area. This work enabled additional funding to support urban development capacity requirements and targets.

9.5 The Ministry of Business Innovation and Employment visited to preview the National Policy Statement – Urban Development Capacity (NPS UDC) Housing and Business Capacity Assessment which is due in December 2018. The Team has made good progress with the assessment and MBIE were supportive of the format, assessment and findings to date.

9.6 The fifth quarterly report required under the National Policy Statement – Urban Development Capacity (NPS UDC) is complete and will be reported to the Planning and Regulatory Committee on 23 August for the March quarter. This includes reporting on new price efficiency indicators.

9.7 Progression of the Nelson Tasman Land Development Manual (LDM) continues with Tasman District Council. Council workshops on the draft have been held and officers are currently considering feedback prior to bringing a report to Council on 9 August seeking approval to release the draft for public feedback.

9.8 City centre stakeholder meetings have separately been held with hospitality groups, retailers and landlords/developers to understand and explore the issues in the city centre, to inform the city centre programme plan.

9.9 The resident’s survey was procured by the team and has now been undertaken, with results yet to be reported back to Council.

9.10 Officers have been working with a number of development customers assisting with the efficiency of Council processes in the pre-application advice space.

Strategic Direction and Focus

9.11 The City Development Team was established in November 2017 and recruitment was completed with a Senior Analyst Environmental Management and Senior City Development Planner starting in early 2018. Development of a program plan for the three Full Time Equivalent (FTE) team has been completed for 2018.

9.12 A third position in the team was approved in the LTP. The role will be titled “City Centre programme lead” and will program, coordinate and prioritise Council’s work in the city centre (policy, projects, events) across the various teams in Council that manage the projects. Recruiting for this position will begin in August.

9.13 Expressions of Interest for SHAs are accepted on a quarterly basis, the next round closes on 2 August 2018.

9.14 The NPS UDC strongly encourages Council to undertake a Future Development Strategy. Following the 1 May Joint Council workshop, officers are working with TDC on a request for proposals to jointly engage a consultant and project manager. Officers have been regularly meeting with the NRDA to ensure alignment between strategies.

9.15 The City Development Team continues to be involved in project analysis to ensure that Council’s investment in infrastructure required to support growth areas is programmed to meet capacity requirements of the NPS-UDC.

9.16 Over the next quarter the Team will be completing feasibility analysis required by the NPS UDC for all residential greenfield development areas, including undertaking consultation with developers on these. All of the work under the NPS UDC is required to ensure that Council has sufficient information to show that those matters Council has control over in the residential housing activity (i.e. zoning and infrastructure provision), are not preventing the supply of housing.

Risks

9.17 Increasingly the Team is required to reprioritise workloads, particularly in relation to the city centre. There is a risk that until the new role is recruited, resources will be diverted away from business as usual.

Annual Summary for 2017/18

9.18 In the eight months that City Development has existed, the following work has been completed:

· 21 SHAs have been gazetted.

· NPS UDC Capacity Assessments have been drafted and feasibility tested.

· The Development Contributions Policy 2018 has been completed.

· The Nelson Tasman Land Development Manual draft has been completed.

Legal Proceedings Update

9.19 The Brook Valley Community Group (BVCG) has challenged:

a) the aerial poison operation of Brook Waimarama Sanctuary Trust;

b) whether the Resource Management (Exemption) Regulations 2017 are unlawful;

c) whether the exemptions under the Regulations apply to s13 RMA (deposit on riverbed) activities as well as s15 RMA (discharge) activities; and

d) whether Council should have required resource consent under Rule FW9.3 of the NRMP (prohibited deposit of toxic material in riverbed).

9.20 The High Court upheld Council (and other respondents') position and awarded costs to Council of $21,460.01. BVCG appealed the substantive and costs decision to the Court of Appeal. The Court of Appeal hearing was 30 May 2018 and no decision has yet been issued.

10. Options

10.1 The Committee can either receive the report and approve the Dog Control Activity Report and the Nelson District Licensing Committee Annual Report for 2017-2018 or seek further information:

Option 1: Receive the report and approve annual reports (the preferred option)
Advantages	· The required reports can be submitted on time to central government. · No additional information will add value to the substance of the reports as the reports are statistical in nature, consistent with previous annual reports for these activities and are considered fit for purpose by staff.
Risks and Disadvantages	· If the information contained in the reports is not clear central government may misinterpret the level of activity for these functions in Nelson.
Option 2: Seek further information
Advantages	· To ensure both Council and central government clearly understand the level of activity should this be required.
Risks and Disadvantages	· The reports are delayed in being submitted to central government.

Mandy Bishop

Manager Consents and Compliance

Attachments

Attachment 1: A1985228 Building and Consents and Compliance statistics ⇩

Attachment 2: A2002980 Nelson City Council Dog Control Activity Report 2017-2018 ⇩

Attachment 3: A2002680 DLC Annual Report to ARLA ⇩

Attachment 4: A1786147 Annual Return for the Alcohol Regulatory and Licensing Authority 2017-2018 ⇩

Attachment 5: A2002639 Current list of Licensed Premises July 2018 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Section 10 of LGA 2002 requires local government to perform regulatory functions in a way that is most cost-effective for households and businesses. This quarterly report identifies the performance levels of regulatory and non-regulatory functions.

2. Consistency with Community Outcomes and Council Policy

The Council’s Long Term Plan includes performance measures for various activities and this report enables the Council to monitor progress towards achieving these measures.

The Environment work programme addresses a number of community outcomes by protecting our environment and our heritage, sustainably managing our urban and rural environments, co-ordinating our growth and infrastructure planning, keeping our community safe through statutory compliance and making people aware of hazard risk, engaging with iwi and our community and establishing key partnerships, and taking a business friendly approach while promoting environmental management best practice.

3. Risk

Staff vacancies have the potential to impact work programmes. Recruitment for these roles is well advanced.

4. Financial impact

No additional resources have been requested.

5. Degree of significance and level of engagement

This matter is of low significance.

6. Inclusion of Māori in the decision making process

No consultation with Māori has been undertaken regarding this report.

7. Delegations

The Planning and Regulatory Committee has the responsibility for performance monitoring of Council’s Regulatory activities as set out in section 6.3 of the Delegations Register. The Committee has the power to perform functions relating to areas of responsibility conferred on by Council – these areas include dog control and alcohol licensing.

[1] Carried out with Quigley and Watts LTD and NMDHB Public Health Service