Nelson City Council Minutes - 13 December 2018
Minutes of a meeting of the Nelson City Council
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 13 December 2018, commencing at 9.05a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg (from 11.19am), K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker
In Attendance: Chief Executive (P Dougherty), Acting Group Manager Infrastructure (M Parfitt), Group Manager Environmental Management (C Barton), Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald) Team Leader Governance (R Byrne) and Governance Adviser (J Brandt)
Apologies : Councillor Dahlberg for lateness
Opening Prayer
Councillor Skinner gave the opening prayer.
1. Apologies
2. Confirmation of Order of Business
Her Worship the Mayor Reese updated the order of business to include:
· Public Forum speaker Christopher Johanser had cancelled
· Item 9: Building an Effective Partnership with Iwi would be considered at 11.00a.m.
· Item 12: Tahunanui Modellers Pond Trial: Way Forward would be considered as the first item after lunch.
· Public Excluded Item 5: Request for Assistance from a Nelson Sporting Group would be considered after Public Forum
There were no updates to the Interests Register.
Her Worship the Mayor Reese noted that for procedural clarity she and Councillor Rutledge would step out for item 13: Code of Conduct – Independent Investigation
Councillors Matheson and Noonan declared a conflict with Item 7.8: Gambling Venue Policy Review Deliberations Report.
Councillor Noonan declared a conflict with Item 10: Bay Dreams - main event and camping.
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Alison McAlpine Jeremy Banks, Tony Bowater and Julie Bensemann were in attendance for Item 5 of the Public Excluded agenda to answer questions and, accordingly, the following resolution was required to be passed: |
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Resolved CL/2018/276 That the Council Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Alison McAlpine, Jeremy Banks, Tony Bowater and Julie Bensemann remain after the public has been excluded, for the Public Excluded agenda as they have knowledge relating to Item 5: Request for Assistance form a Nelson Sporting Group that will assist the meeting. |
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Resolved CL/2018/277 That the Council Excludes the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
5 |
Request for Assistance from a Nelson Sporting Group
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information |
The meeting went into public excluded session at 9.12a.m. and resumed in public session at 11.00a.m.
6. Building an Effective Partnership with Iwi (Agenda item 9)
Document number R9869, agenda pages 59 - 77 refer.
Whaea Jane du Feu supported Kaihautū Pania Lee who presented the report and tabled a Draft Terms of Reference for the Iwi-Council Advisory Group.
Ms Lee advised that the Memorandum of Understanding was 13 years old and did not reflect the current relationship with iwi.
Attendance: Councillor Dahlberg entered at 11.19a.m.
Resolved CL/2018/278 That the Council Receives the report Building an Effective Partnership with Iwi (R9869) and its attachments (A1994125 and A2109475); Agrees that staff initiate work on the review of the Memorandum of Understanding between Tangata Whenua o Whakatū and the Nelson City Council; Agrees that staff initiate work on the development of an iwi engagement and partnering strategy; Agrees that an Iwi-Council Advisory Group be formed to support the review of the Memorandum of Understanding and strategy development; and Delegates Mayor Rachel Reese, Deputy Mayor Paul Matheson, Councillors Dahlberg and Lawrey to be members of the Iwi-Council Advisory Group. Confirms the draft Terms of Reference for the Iwi-Council Advisory Group attached (A2109475); and Updates the Nelson City Council Delegations Register to reflect the above changes |
1 A2109475 Terms of Reference Iwi-Council Advisory Group |
7.1 15 November 2018
Document number M3897, agenda pages 17 - 29 refer.
Resolved CL/2018/279 That the Council Confirms the minutes of the meeting of the Council, held on 15 November 2018, as a true and correct record. |
7.2 27 November 2018 - Extraordinary Meeting
Document number M3953, agenda pages 30 - 33 refer.
Resolved CL/2018/280 That the Council Confirms the minutes of the extraordinary meeting of the Council, held on 27 November 2018, as a true and correct record. |
Document number M3766, agenda pages 34 - 51 refer.
Resolved CL/2018/281 That the Council Confirms the minutes of the meeting of the Council, held on 20 September 2018, as a true and correct record. |
9. Recommendations from Committees (Agenda item 7)
9.1 Works and Infrastructure Committee - 15 November 2018
9.1.1 Recycling - Update on international markets
Resolved CL/2018/282 That the Council Agrees to consider through the 2019/20 Annual Plan the additional costs resulting from the ongoing low global commodity prices, for the 2019/20 financial year at an estimated cost of between $132,000 and $192,000 funded 50% from the current reserves in the Solid Waste account and 50% through increased landfill charges. |
9.1.2 Hanging Baskets Activity Review
Resolved CL/2018/283 That the Council Approves foregoing $16,000 budgeted income in the Annual Plan 2019/20 from business contribution towards hanging baskets in order to maximise the number of baskets that are hung within the City; and Approves that the hanging baskets be funded from the Parking and CBD Enhancement cost centre, street parking meters maintenance account (5510 2010 0415). |
9.1.3 Nelson Regional Sewerage Business Unit - Business Plan 2018-19 and Bell Island Resource Consent
Resolved CL/2018/284 That the Council Approves the Nelson Sewerage Business Unit Business Plan 2018-19 (A2086495) noting that this now better reflects Nelson City Council’s Long Term Plan and Nelson City Council’s environmental aspirations. |
9.1.4 Waimea Road - Proposed Amendment to the Speed Limits Bylaw
Resolved CL/2018/285 That the Council Agrees a bylaw to set a permanent speed limit is the most appropriate way of addressing safety issues on Waimea Road between Market Road and the Beatson Road roundabout; and Agrees the proposed amendments to the Speed Limits Bylaw 2011 (210) are the most appropriate form of bylaw and do not give rise to any implications under the New Zealand Bill of Rights Act 1990; and Agrees a summary of the Statement of Proposal Amendment to the Speed Limits Bylaw 2011 (210) is not required; and Adopts the Statement of Proposal (A2069647 of Report 9765) relating to the lowering of the speed limit along Waimea Road from 240m south of Market Road (Market Road) through to 200m north of the Beatson Road roundabout (Beatson Road roundabout); and Approves commencement of the Special Consultative Procedure (A2069647 of Report R9765), with the consultation period to run from 14 December 2018 to 15 February 2019; and Approves the consultation plan (A2079928 of Report 9765) and agrees: (a) the plan includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and (b) the plan will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation. |
9.1.5 Seafield Terrace remediation - supplementary information
Acting Group Manager Infrastructure Marg Parfitt updated Council that following the Works and Infrastructure Committee meeting on 15 November New Zealand Transport Agency (NZTA) had advised that with the cost of $1.4m their preferred solution was to leave the road as is and fund the cost of frequent repair. An alternative way to remediate was to fund the work through the low risk low cost budget. NZTA would fund 51% up to $1 million and had suggested this path. The Chair of the Works and Infrastructure Committee had amended the recommendation to reflect this.
Resolved CL/2018/286 That the Council Approves the Enhanced “Scaled-up do minimum” option as the preferred remedial solution as detailed in Attachment 2 (A2038309) of report R9621 (A2088021) for Seafield Terrace, noting a preliminary revised estimated capital cost of $1.4 Million with an expected 51% NZTA Funding Assistance Rate up to $1 million; and Notes that design will commence in the current 2018/19 financial year with request for funding for consents and construction ($1.4 Million) to be made through the 2019/20 Annual Plan; and Approves unbudgeted expense of $70,000 in the 2018/19 financial year to cover costs incurred to date and to commence detailed design of the preferred option. |
Her Worship the Mayor Reese thanked the community who worked on the project to this point, noting it had been very constructive.
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Resolved CL/2018/287 That the Council Adopts the Transport Asset Management Plan 2018-28 (A1755799), amended to reflect the approved Long Term Plan 2018 – 2028. |
9.2 Sports and Recreation Committee - 20 November 2018
9.2.1 Marsden Valley Reserve - options to manage wild deer populations
Resolved CL/2018/288 That the Council Confirms that the practice of culling deer within the Marsden Valley Reserve should continue. |
9.2.2 Haulashore Island Manuka Motu Wharf Review
Resolved CL/2018/289 That the Council Approves the Haulashore Island Manuka Motu wharf remaining closed for use by vessels, but retained in the short term for its landscape values only; and Considers a full wharf refurbishment or replacement in the Long Term Plan 2021-31. |
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Resolved CL/2018/290 That the Council Confirms the continuation of the Marina Advisory Group to advise on matters pertaining to the management of Nelson Marina; and Approves the Marina Advisory Group to work through a process to advise the Sports and Recreation Committee on future Marina management once they are in a more informed position. |
9.3 Planning and Regulatory Committee - 22 November 2018
9.3.1 Deliberations on Environmental Monitoring and Science Charges
Resolved CL/2018/291 That the Council Approves the Revised Schedule of Annual Environmental Monitoring and Science Charges (A2098732). |
9.4 Planning and Regulatory Committee - 22 November 2018
9.4.1 National Policy Statement Urban Development Capacity Assessment 2018
Resolved CL/2018/292 That the Council Considers all matters relating to the receipt and adoption of the National Policy Statement on Urban Development Capacity Assessment 2018. |
9.4.2 Biosecurity Annual Review
Resolved CL/2018/293 That the Council Approves the Operational Plan for the Tasman-Nelson Regional Pest Management Strategy 2018-19 (A2081604), specifically as it relates to Nelson City Council’s area. |
9.5 Community Services Committee - 27 November 2018
9.5.1 Community Partnerships Activity Management Plan 2018 - 2028
Resolved CL/2018/294 That the Council Adopts the Community Partnerships Activity Management Plan 2018 – 2028 (A2012013) to reflect the approved Long Term Plan 2018 - 2028. |
Resolved CL/2018/295 That the Council Considers all matters relating to the future of Nelson City Council’s community housing with a view to developing a proposal for community consultation in 2019. |
9.6 Governance Committee - 29 November 2018
9.6.1 Bishop Suter Trust - Statement of Expectation 2019/20
Resolved CL/2018/296 That the Council Confirms the general matters to be included in the Bishop Suter Trust Statement of Expectation 2019/20 letter as those identified in paragraphs 4.1 to 4.14 of report R9824; and Confirms the following specific matters to be included in the Bishop Suter Trust Statement of Expectation letter: · Governance succession plan; and · Resilience; and · Good employer obligations; and · Climate Change responsiveness, including risk resilience, mitigation and adaption; and · Development of the relationship with Tasman District Council with a view to increasing funding from that source. |
9.7 Advice from Regional Transport Committee - 3 December 2018
9.7.1 Regional Land Transport Plan variation - Saltwater Creek Bridge
Resolved CL/2018/297 That the Council Approves the inclusion of $1.2 Million in the Nelson Regional Land Transport Plan 2015–21 for Saltwater Creek Bridge in the 2018/19 financial year. |
9.7.2 Nelson Southern Link and Rocks Road Walking Cycling Project
That the Council Endorses the amended outline scope for the Nelson Southern Link and Rocks Road Walking and Cycling project (A2102066 of Report 9734) that will enable the Detailed Business Case to commence. |
The recommendation was left to lie until officers could provide clarification on the business case.
Attendance: Councillor Acland left the meeting at 11.46a.m.
9.7.3 Proposed Champion Road underpass
Councillor Rutledge advised officers had met with Tasman District Council officers and more information had come to hand. He requested that the matter be left to lie until the Council meeting on 21 March 2019.
Recommendation to Council
That the Council
Commits to the allocation of a maximum of $470,000 as a grant payable to Tasman District Council for the Champion roundabout and underpass project as part of the 2019/20 Annual Plan.
Resolved CL/2018/298 Item of business to lie on the table That the Council Leaves the item Proposed Champion Road underpass to lie on the table until the Council meeting on 21 March 2019. |
9.8 Planning and Regulatory Committee - 6 December 2018
9.8.1 Gambling Venue Policy Review Deliberations Report
Attendance: Councillors Matheson and Noonan declared an interested and left the room at 11.50a.m.
Attendance: Councillor Acland returned to the meeting at 11.53a.m.
Resolved CL/2018/299 That the Council Adopts the Gambling Venue Policy (A2090535).
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9.9 Sports and Recreation Committee – 13 December 2018
9.9.1 Referral of Powers - Request for Assistance from a Nelson sporting group |
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Resolved CL/2018/300 That the Council Considers all matters relating to a request for assistance from a Nelson sporting group. |
Attendance: Councillors Matheson and Noonan returned to the meeting at 12.04p.m.
Document number R9907, agenda pages 58 - 58 refer.
Resolved CL/2018/301 That the Council Receives the report Mayor's Report (R9907); and Updates the Delegations Register to include Community Facilities e.g. toilets as the responsibility of the Community Services Committee. |
Her Worship the Mayor presented her report, noting that she would continue with a verbal update later in the meeting.
11. Bay Dreams - main event and camping
Document number R9843, agenda pages 78 - 106 refer.
Attendance: Councillor Noonan considered that she did not have an open mind on the issue, and left the meeting at 12.06p.m.
Group Manager Community Services, Roger Ball and Manager Community Partnerships, Mark Preston-Thomas presented the report and tabled further information from community engagement meetings and relating to the need to confer powers of Council under regulation 3 and 14 of the Camping Grounds Regulations 1985.
Mr Ball advised the community engagement meetings had been well received and most questions were answered by the presentation provided by Mr Toby Burrows, Bay Dreams representative. He answered questions on costs to ratepayers and camping ground safety plans.
Attendance: Councillor Barker left the meeting from 12.18p.m. until 12.19p.m.
Resolved CL/2018/302 That the Council Receives the report Bay Dreams - main event and camping (R9843) and its attachments (A2098483, A2098482, A2101448, A2101838, A2101859 and A2110800); and Agrees that Council has taken reasonable steps to assess and consider the views of persons likely to be affected by the Bay Dreams event in light of its moderate significance (having had regard to the report and officers' verbal briefing on the outcomes of community engagement); and Agrees that the proposed use of Trafalgar Park (A2098483) as the main venue for the Bay Dreams music event from 3 – 5 January 2019 is consistent with both the classification and purposes of recreation reserves and with the Management Plan that applies to Trafalgar Park; and Agrees that the proposed use of Saxton Field reserve (A2098482) for camping associated with the Bay Dreams music event from 3 – 5 January 2019 is consistent with both the classification and purposes of recreation reserves and with the Management Plan that applies to Saxton Field; and Delegates the powers conferred on Council as administering body of recreation reserves by section 53 of the Reserves Act 1977 to the Chief Executive; and Consents to the temporary use of Saxton Field Reserve as a camping ground associated with the Bay Dreams music event from 3 - 5 January 2019 under section 44(1) of the Reserves Act 1977; and Notes that permission for up to 1500 people to camp at Rutherford Park from 3 -5 January 2019 as part of the Bay Dreams event will be granted by the Chief Executive in accordance with the Rutherford and Trafalgar Parks Reserves Management Plan, subject to Council’s internal process requirements being met by the event organiser; and Agrees to impose a temporary ban on the consumption and possession of alcohol at Saxton Field between 07:00am on 3 January 2019 to 09:00pm on 5 January 2019 pursuant to clause 6.15 of the Urban Environments Bylaw 2015; and Delegates the powers conferred on Council under regulations 3 and 14 of the Camping-Grounds Regulations 1985 to the Chief Executive; and Updates the Officer Delegations Manual to reflect the above changes. Receives the community feedback from affected neighbours relating to the proposed Bay Dreams festival activities. |
1 A2110800 Bay Dreams - Addendum to Council report 13 Dec - December 2018 |
12. Code of Conduct - Independent Investigation (Agenda item 13)
Document number R9900, agenda pages 272 - 308 refer.
Attendance: Her Worship the Mayor Reese and Councillor Rutledge declared an interest and left the meeting at 12.28p.m.
Deputy Chair Councillor Matheson presided.
Attendance: Councillor Noonan returned to the meeting at 12.29p.m.
Manager Governance and Support Services, Mary Birch, and Senior Legal Adviser, Fiona McLeod presented the report. Ms Birch confirmed that the next step in the Code of Conduct process was to prepare a report for Council, the Code of Conduct Panel or a Committee which had been given appropriate delegations. She reiterated that this item was a procedural matter and the complaint, terms of reference or investigation were not a matter for discussion today.
Ms McLeod answered questions on interactions with the Office of the Auditor General, membership of the Panel or Committee and clarified that it was up to the Chief Executive to consider the nature of the complaint and then decide the decision making body.
Chief Executive, Pat Dougherty confirmed that he had followed the Code of Conduct (the Code), which had been adopted by elected members, rigorously and reiterated that the Code stated the decision making body was the full Council (ruled out) the Panel (only two members) or a delegated Committee.
Mr Dougherty answered questions on Code of Conduct outcomes, upholding penalties and the length of time the process had taken. When asked what the complaint was he advised that once he had determined that the Panel or Committee would make a decision and a meeting date had been confirmed, all elected members would be provided with the Code of Conduct Complaint, Independent Investigator’s Terms of Reference and the Independent Investigator’s Report. The meeting to decide on any penalty or outcomes would be an open meeting, he reminded members that while they could attend the meeting they could not take part in the discussion or decision making process.
When asked who determined an ‘interested party’, Mr Dougherty explained that at the time there were only two people not conflicted as many members had been involved or had witnessed Councillor Rutledge’s behaviour in the Chamber. When questioned why Councillor Fulton had not been included on the panel Ms Birch confirmed this was because at the time Councillor Fulton had other code of conduct complaints in progress.
Councillor Dahlberg called a Point of Order under Standing Orders section 24.2b - language – use of disrespectful, offensive or malicious language. Councillor Dahlberg felt Councillors Acland and Fulton had been disrespectful by inferring he was not impartial.
Attendance: Councillors Acland, Fulton and Lawrey left the meeting at 12.47p.m.
The meeting adjourned from 1.00pm until 1.44p.m. at which time Councillor Acland, Fulton and Lawrey returned to the meeting.
The Deputy Chair reconvened and addressed the Point Of Order raised by Councillor Dahlberg.
Councillor Dahlberg asked for a ruling on his Point of Order as he felt Councillor Acland had called his integrity into question mentioning his friendship with Councillor Rutledge and questioning his impartiality. Additionally Councillor Fulton had mentioned that previous Code of Conduct complainants did not get apologies and friendships were impacting on whether a member was appointed to a Panel
When asked to explain Councillor Acland advised he was asking what the interpretation of interest was, he had inferred nothing disrespectful and was genuinely concerned that this needed to be addressed.
Councillor Fulton added that she did not intend to be disrespectful to Councillor Dahlberg in any way.
Councillor Matheson ruled against the point of order.
Resolved CL/2018/303 That the Council Receives the report Code of Conduct - Independent Investigation (R9900) and its attachments (A1745031); Approves the establishment of a Code of Conduct Committee; Appoints a Code of Conduct Committee to consider the independent investigator’s report on the matter of the Code of Conduct complaint lodged against Councillor Mike Rutledge relating to events on 17 May 2018; Delegates the power to determine the penalty or other form of action to be imposed, if required, in accordance with the Code of Conduct and Local Government Act 2002 processes to the Code of Conduct Committee; and Appoints Councillor Dahlberg (Chairperson), Councillor Noonan, John Peters and John Murray as members of the Code of Conduct Committee. |
The meeting adjourned from 2.03p.m. until 2.10p.m. at which time Her Worship the Mayor Reese and Councillor Rutledge returned to the meeting.
13. Tahunanui Modellers Pond Trial: Way Forward (Agenda item 12)
Document number R9823, agenda pages 248 - 271 refer.
Manager Utilities, David Light, presented the report along with Mr John Gilbertson and members of the Tahuna Modellers Pond Working Party members.
Mr Gilbertson gave a presentation on the Diatomix trial on the Modellers Pond and tabled supporting information. He confirmed that the Working Party were firmly of the opinion that the trial was working and asked that Council allow it to continue.
Mr Light confirmed that the resource consent for the trial was for 18 months so the effect of the trial could be monitored and as at the current point in time they did not know the long term effects.
Councillor Walker, Chair of the Working Party, noted that the pond was the Tahunanui retention stormwater pond. Stormwater flowed to a pump station below Centennial Park then was pumped into the retention pond (Modellers Pond). As it was a stormwater pond all rubbish and effluent settled into the pond. The Working Party were requesting a longer trial period in order to determine the effect during the hot summer months.
Extension of Meeting Time |
Resolved CL/2018/304 That the Council Extends the meeting time beyond six hours, pursuant to Standing Order 4.2. |
Chief Executive, Pat Dougherty, confirmed that officer advice was that they did not think the trial would work, the Working Party had a different view.
Her Worship the Mayor acknowledged the volunteer labour, thanked the Modellers Pond Working Party for their work and for attending the meeting.
Resolved CL/2018/305 That the Council Receives the report Tahunanui Modellers Pond Trial: Way Forward (R9823) and its attachments (A2078208, A2106756 and A2094762); and Notes that officers do not support continuing with the trial beyond the three month initial period; and Approves on the recommendation of the Working Party to proceed with the Diatomix trial as per Option 3 of Report R9823 (for a further five months) noting the Working Party’s desire to supply and install an alternative pump at their own cost; and Approves additional unbudgeted operational funding of $130,000 in the current 2018/19 financial year to continue with the Diatomix trial for a further five months – ending April 2019; and Requests an update, on the outcome of any further trial period, be reported back to the full Council.
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1 John Gilbertson Modellers Pond Working Group Presentation Council 13Dec2018 2 John Gilbertson Modellers Pond Working Party Council 13Dec2018 3 John Gilbertson Modellers Pond Working Party Summary Council 13Dec2018 |
The meeting adjourned from 3.34p.m. until 3.56p.m. at which time Councillor Matheson left the meeting.
14. National Policy Statement on Urban Development Capacity: Housing and Business Capacity Assessments for Nelson and the Nelson Urban Area (Agenda item 11)
Team Leader City Development, Lisa Gibellini and Strategy and Environment Senior Analyst, Chris Pawson presented their report and tabled an amendment to Appendix B, labelled Figure 1 (attached).
Document number R9826, agenda pages 107 - 247 refer.
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Resolved CL/2018/306 That the Council Receives the report National Policy Statement on Urban Development Capacity: Housing and Business Capacity Assessments for Nelson and the Nelson Urban Area (R9826) and its attachments (A2099700, A2080812 and A2110772); and Approves the submission of the reports to the Ministry of Housing and Development as required by the NPS-UDC; and Notes the recommendations in the attached HBA reports (A2099700 and A2080812); and Amends the table in Appendix B labelled Figure 1 to replace it with the table in tabled document A2110772. |
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1 A2110772 Appendix B Figure 1 Muritai Street development built form sensitivity testing |
15. Advice from Regional Transport Committee – 3 December 2018 (reconvened) |
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9.7.2 |
Nelson Southern Link and Rocks Road Walking Cycling Project Acting Group Manager Infrastructure, Marg Parfitt clarified that the final business case would be completed in September 2020. |
Attendance: Councillor Lawrey left the meeting from 4.00p.m. until 4.02p.m. |
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Resolved CL/2018/307 That the Council Endorses the amended outline scope for the Nelson Southern Link and Rocks Road Walking and Cycling project (A2102066 of Report 9734) that will enable the Detailed Business Case to commence. |
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Her Worship the Mayor presented an appliqued, Christmas tree sculpture made by Accounting Officer Julianne Smith, as part of the 12 Days of Christmas raffle being run by the Finance Depart to support Fifeshire Foundation. Mayor Reese had won the prize for 13 December, which included the tree, and she advised she would be donating the items to Women’s Refuge.
Mayor Reese updated Council on the vigil for Grace Mullane held the previous night, at which she had been speaking. She reiterated that family violence to women was not OK. Statistics around violence towards women and towards families was dreadful and increased at this time of year. She hoped that people coming together would contribute to a community that was empathetic, kind and focused on what was important. |
That the Council Excludes the public from the following parts of the proceedings of this meeting. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
1 |
Council Meeting - Public Excluded Minutes - 15 November 2018 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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Recommendations from Committees Works and Infrastructure Committee 15 November 2018 Graham Street and part of Roger Street – proposed road stopping Community Services Committee 27 November 2018 Queens Garden Toilets Update Governance Committee 29 November 2018 Nelmac Limited – matters for Statements of Expectations 2019/20 Strategic Property Central City Maitai Mountainbike Hub Location Regional Transport Committee 3 December 2018 Electronic Bus Ticketing |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
3 |
Classification of Greenmeadows under the Reserves Act 1977
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege |
4 |
Options for Council's Community Housing
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into public excluded session at 4.21p.m. and resumed in public session at 5.31p.m.
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PUBLIC EXCLUDED: Classification of Greenmeadows under the Reserves Act 1977 (Agenda item 3) |
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Decision (CL/2018/319) and Attachments A2084230 and A209729 are available on Council’s website Decisions Released from Public Excluded Session |
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Resolved CL/2018/319 That the Council Receives the report Classification of Greenmeadows under the Reserves Act 1977 (R9565) and its attachments (A2097295 and A2084230); and Sportsfields and tennis courts: Resolves under s16(1) of the Reserves Act 1977 to classify the part of Greenmeadows (being part of Record of Title NL114/188) where the sportsfields and tennis courts are located as shaded green in Attachment 1 (A2097295) as Recreation Reserve under s17 of that Act; and Resolves under s16(1) of the Reserves Act 1977 to classify the land in Record of Title 473412 (being part of Greenmeadows and part of Isel Park) as shaded green in Attachment 1 (A2097295) as Recreation Reserve under s17 of that Act; Determines that, under s16(5) of the Reserves Act 1977, public notice seeking submissions or objections on the proposed classification of this part of Greenmeadows and Isel Park as shaded green in Attachment 1 (A2097295) is not necessary as the proposed classification is substantially the same as the purpose for which these parts of reserve were held and administered immediately before the commencement of that Act; and Delegates to the Chief Executive authority to take the steps necessary to prepare and approve a survey plan and prepare and place notice in the New Zealand Gazette classifying this part of Greenmeadows and Isel Park as shaded green in Attachment 1 (A2097295) as Recreation Reserve and to register the Gazette notice against the Record of Title; and Community facility: Resolves to give public notice under s16(4) of the Reserves Act 1977 of its intention to classify the part of Greenmeadows (being part of Record of Title NL114/188) as shaded orange in Attachment 1 (A2097295) as Local Purpose (Community Purposes) Reserve under s23 of that Act, noting that a survey plan will be prepared and approved by the Chief Executive; and Road reserve: Resolves to give public notice under s16(4) of the Reserves Act 1977 of its intention to classify the part of Greenmeadows (being part of Record of Title NL114/188) as shaded red in Attachment 1 (A2097295) as Local Purpose (Road) Reserve under s23 of that Act, noting that a survey plan will be prepared and approved by the Chief Executive; Public notification: Delegates to the Chief Executive authority to take all steps necessary to prepare and place public notices in accordance with the Reserves Act 1977 on the proposed Local Purpose (Community Purposes) Reserve and Local Purpose (Road) Reserve classifications; and Delegates a Greenmeadows Reserve Hearings Panel, as a subcommittee of Council, authority to consider, hear and deliberate on submissions or objections on the proposed Local Purpose (Community Purposes) Reserve and Local Purpose (Road) Reserve classifications; and Appoints three members to the Greenmeadows Reserve Hearings Panel; being an independent member (Chairperson), the Chair of the Sports and Recreation Committee and the Chair of the Community Services Committee; and Delegates to the Chief Executive the authority to appoint the independent member (Chairperson) of the Greenmeadows Reserve Hearings Panel; and Approves the Terms of Reference in Attachment 2 (A2084230) for the Greenmeadows Reserve Hearings Panel to consider, hear and deliberate on the proposed Local Purpose (Community Purposes) Reserve and Local Purpose (Road) Reserve; and Agrees that the public notification processes are initiated within 18 months. Reserve management plan: Notes that the Reserve Management Plan for Sportsgrounds will be a matter for the Sports and Recreation Committee’s consideration once the Greenmeadows classification process has been completed; and Release of information: Agrees that only the decisions and attachments (A2084230 and A209729) relating to Report (R9565) be released from public excluded business; and Agrees that Report (R9565) be excluded from public release at this time. |
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PUBLIC EXCLUDED: Request for Assistance from a Nelson Sporting Group (Agenda item 5) |
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Decision (CL/2018/309) and Attachments A2098586 and A2101860 are available on Council’s website Decisions Released from Public Excluded Session |
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That the Council Receives the report Request for Assistance from a Nelson Sporting Group (R9880) and its attachments (A2098586 and A2101860); and Approves a reduced rate of $35,000 per annum for the Nelson Giants’ use of Trafalgar Centre for 2018/19 and 2019/20; and Agrees that the decision (CL/2018/309) only be released from public excluded business; and Agrees that Report (R9880) and Attachments (A2098586 and A2101860) be excluded from public release at this time. |
There being no further business the meeting ended at 5.31p.m.
Confirmed as a correct record of proceedings:
Chairperson Date