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AGENDA

Ordinary meeting of the

 

Planning and Regulatory Committee

 

Thursday 22 August 2019

Commencing at 9.00a.m.

Council Chamber

Civic House

110 Trafalgar Street, Nelson

 

Pat Dougherty

Chief Executive

 

Membership: Her Worship the Mayor Rachel Reese (Chairperson), Councillor Brian McGurk (Presiding Chairperson), Councillors Luke Acland, Ian Barker, Bill Dahlberg, Kate Fulton, Stuart Walker and Ms Glenice Paine

Quorum: 4

 

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.


Guidelines for councillors attending the meeting, who are not members of the Committee, as set out in Standing Order 12.1:

·      All councillors, whether or not they are members of the Committee, may attend Committee meetings

·      At the discretion of the Chair, councillors who are not Committee members may speak, or ask questions about a matter.

·      Only Committee members may vote on any matter before the Committee

It is good practice for both Committee members and non-Committee members to declare any interests in items on the agenda.  They should withdraw from the room for discussion and voting on any of these items.

 


N-logotype-black-widePlanning and Regulatory Committee

22 August 2019

 

 

Page No.

 

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Public Forum

5.       Confirmation of Minutes

5.1      28 May 2019                                                                               6 - 15

Document number M4253

Recommendation

That the Planning and Regulatory Committee

1.    Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 28 May 2019, as a true and correct record.

6.       Chairperson's Report 

7.       Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019                                                    16 - 52

Document number R10198

Recommendation

That the Planning and Regulatory Committee

1.    Receives the report Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019 (R10198) and its attachments (A2208049, A2044411, and A2178045).

8.       Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy                                                                       53 - 92

Document number R9240

Recommendation

The Planning and Regulatory Committee:

1.     Receives the report Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy  (R9240) and its attachments (A2097637, A2077485, A2053947, A2060286); and

2.     Agrees to consult using the special consultative procedure on:

(a)     the proposed areas with sufficient traffic (pedestrian and vehicular), for prioritisation of unreinforced masonry hazards and routes of strategic importance (in terms of recovery and emergency response); and

(b)       the proposed amended Policy for Dangerous, Insanitary and Affected Buildings.

 

Recommendation to Council

That the Council

1.      Approves the Statement of Proposal (A2097637) and its attachment (A2077485) detailing proposed areas with sufficient traffic and the proposed routes of strategic importance; and

2.      Approves the Statement of Proposal (A2053947) and its attachment (A2060286) detailing the proposed Dangerous, Insanitary and Affected Buildings Policy; and

3.      Approves that a summary of the Statement of Proposal is not required for the proposed Dangerous, Insanitary and Affected Buildings Policy; and

4.      Approves the consultation approach (set out in section 6 of this report R9240) and agrees:

(a) the approach 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 approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

 

9.       Overview of 'Environment Aotearoa 2019'               93 - 132

Document number R10267

Recommendation

That the Planning and Regulatory Committee

1.    Receives the report Overview of 'Environment Aotearoa 2019' (R10267) and its attachment (A2199011).

 

10.     Resource Management Compliance Monitoring and Enforcement Performance                                     133 - 260

Document number R10365

Recommendation

That the Planning and Regulatory Committee

1.    Receives the report Resource Management Compliance Monitoring and Enforcement Performance (R10365) and its attachments (A2228004, A2227983 and A2228044).

       

 

Note:

·               Youth Councillors Ollie Ranson and Grier Rollinson will be in attendance at this meeting.

 

  


Planning and Regulatory Committee Minutes - 28 May 2019

 

 

Minutes of a meeting of the Planning and Regulatory Committee

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

On Tuesday 28 May 2019, commencing at 10.04a.m.

 

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

In Attendance:   Councillors Lawrey, Matheson and Rutledge, Group Manager Environmental Management (C Barton), and Governance Adviser (E Stephenson)

 

Apology:             Councillor Walker

 

 

1.       Apologies

Resolved PR/2019/019

 

That the Planning and Regulatory Committee

1.    Receives and accepts an apology from Councillor Walker.

Her Worship the Mayor/Dahlberg                                                  Carried

 

2.       Confirmation of Order of Business

Her Worship the Mayor advised that the meeting would adjourn for a briefing at around 11.00a.m.

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      4 April 2019

Document number M4131, agenda pages 9 - 13 refer.

Resolved PR/2019/020

 

That the Planning and Regulatory Committee

1.    Confirms the minutes of the meeting of the Planning and Regulatory Committee, held on 4 April 2019, as a true and correct record.

McGurk/Her Worship the Mayor                                                    Carried

  

6.       Chairperson's Report

Document number R10212, agenda pages 14 - 15 refer.

Her Worship the Mayor commended the high quality of the Annual Plan submissions that related to the Planning and Regulatory Committee and said that she felt this reflected the value of the partnerships that councillors and staff had built with the community through long-standing projects.

The Mayor said that more work was ongoing with the Ministry for the Environment and with Local Government New Zealand on the Regional Policy Statement on Freshwater Management, she endorsed the  collaborative model used and said that she was hoping to see legislation changes going forward in partnership with the community.

The Mayor noted the Release of the Environment Aotearoa report, which included some of Nelson City Council’s data, and said this highlighted the challenge for every nation to improve environmental outcomes, as climate change was an increasing risk, noting the importance of working on responses now.  She encouraged Elected Members to read the report, noting that officers would bring a summary of the report to a future Committee meeting.

Resolved PR/2019/021

 

That the Planning and Regulatory Committee

1.    Receives the Chairperson's Report (R10212).

 

Her Worship the Mayor/Fulton                                                      Carried

7.       Waimea Inlet Action Plan

Document number R9513, agenda pages 16 - 53 refer.

Environmental Programmes Adviser, Leigh Marshall, advised of two minor amendments to the agenda report:

·    The table on pages 44 – 51, contained an incorrect action target date, which should be July 2020, not 2019

·    Page 51, Action 8.1.3, relating to risk to public access - No amendment was required for Nelson as this would be immediately dealt with by Council’s enforcement processes.

Ms Marshall answered questions regarding maintaining recreational opportunities, wider group and iwi engagement, flexibility and ability for the plan to adapt, frequency of reviews and compatibility with the Biodiversity Strategy.

Resolved PR/2019/022

 

That the Planning and Regulatory Committee

1.       Receives the report Waimea Inlet Action Plan (R9513) and its attachments (A2099296 and A2178524).

 

Dahlberg/Fulton                                                                           Carried

Recommendation to Council PR/2019/023

 

That the Council

1.       Approves Nelson City Council as lead or support agency to the specific targets identified in Report R9513 (highlighted in green in Attachment 2 A2178524); and

2.       Approves that Nelson City Council supports, in principle, specific targets identified in Report R9513, subject to future funding decisions (highlighted in yellow in Attachment 2 A2178524); and

3.      Adopts the Waimea Inlet Action Plan 2018-2021 (A2099296).

 

Dahlberg/Fulton                                                                           Carried

 

8.       Nelson Tasman Land Development Manual - Hearing Panel Recommendation and Proposed Plan Change 27

Document number R9875, agenda pages 54 - 632 refer.

Team Leader City Development, Lisa Gibellini, spoke to the report, noting a change to clause 4 of the recommendation, changing from councillors to Resource Management Act (RMA) hearing commissioners to hear submissions, as the RMA timeframe meant that the hearing would be close to the October 2019 local elections. Discussion took place on previous practice and Tasman District Council’s (TDC) approach and it was agreed to revisit this subject later in the meeting.

Ms Gibellini highlighted the key changes to the Nelson Tasman Land Development Manual (LDM) and answered questions regarding footpaths.

The meeting was adjourned at 10.37 a.m. and reconvened at 10.47a.m.

Ms Gibellini, Manager Transport and Solid Waste, Marg Parfitt and Engineering Adviser Sue McAuley answered further questions regarding footpath crossfall requirements noting that TDC did not agree with an alternative design, which is why it wasn’t included in the LDM, however it could still be used for council projects.

It was noted that the LDM was not a statutory document. Further questions were answered regarding compliance with standards and the consenting pathway. The importance of regularly reviewing the LDM to reflect updates in technology and latest best practice was highlighted. The need for an index was noted, and it was confirmed that this would be addressed under the delegation to make minor edits.

Further questions were answered regarding streetscaping, biodiversity corridors and carbon footprints and discussion took place regarding carbon offsetting, emissions and biodiversity outcomes, noting that these matters would be considered for the next review.

The meeting was adjourned at 11.15a.m. and reconvened at 1.20p.m. Councillor Fulton was not present.

Attendance: Councillor Fulton returned to the meeting at 1.22p.m.

Further discussion took place regarding the adequacy of the performance outcomes in light of Council’s recent decision to focus on climate change, it was noted that the LDM was an operational document helping to achieve high amenity and good urban design that sat under a number of other strategic documents. A suggestion was made that improved performance outcomes could be addressed under the minor amendments delegation and that if this did not happen, councillors would be advised.

Further discussion took place regarding climate change and future LDMs, inability to enforce practice notes, consent conditions to ensure compliance, grass berms, strategic misalignment in some areas to be teased out over the next few years and the strong market for people making choices based on environmentally sustainable design.

It was reiterated that the alternative footpath design could be used as standard policy/practice. It was noted that only one submission had been received so far on Proposed Plan Change 27, therefore the recommendation proposing RMA hearing commissioner(s) was appropriate.

Resolved PR/2019/024

 

That the Planning and Regulatory Committee

1.    Receives the report Nelson Tasman Land Development Manual - Hearing Panel Recommendation and Proposed Plan Change 27 (R9875) and its attachments (A2184910), (A2184905), (A2184907), (A2185147), (A2184908), (A2184906), and (A2184904); and

2.    Receives the recommendation from the Nelson Tasman Land Development Manual hearing panel (A2184910); and

3.    Approves the public notification of proposed Plan Change 27 (A2184907) and Section 32 (A2185147) under the Resource Management Act 1991 on 1 July 2019; and

4.    Delegates to Resource Management Act hearing commissioner(s) to hear submissions on Proposed Plan Change 27 and make recommendations to the Planning and Regulatory Committee.

 

Acland/McGurk                                                                            Carried

Recommendation to Council PR/2019/025

 

That the Council

1.   Adopts the Nelson Tasman Land Development Manual 2019 (A2184905) under the Local Government Act 2002, noting that it will take effect on 1 July 2019; and

2.   Adopts the practice notes on Coastal and Freshwater Inundation (A2184904), Bioretention (A2184908) and Wetlands (A2184906) as guidance documents; and

3.   Delegates the Chairperson of the Planning and Regulatory Committee and the Group Manager Environment authority to approve minor technical wording amendments, or correction of errors to the Nelson Tasman Land Development Manual 2019 and proposed Plan Change documents to improve readability and/or consistency prior to 1 July 2019.

 

Acland/McGurk                                                                            Carried

 

9.       Review of Building Unit fees and charges

Document number R10231, agenda pages 633 - 652 refer.

Resolved PR/2019/026

 

That the Planning and Regulatory Committee

1.    Receives the report Review of Building Unit fees and charges  (R10231) and its attachments (A2145308, A2183274, and A2183512).

 

Paine/Dahlberg                                                                            Carried

Recommendation to Council PR/2019/027

 

That the Council

1.    Approves the fees and charges as proposed in Attachment 1 (A2145308) of Report R10231 to be effective from 1 July 2019.

 

Paine/Dahlberg                                                                            Carried

 

10.     Navigation Safety Bylaw review

Document number R10159, agenda pages 653 - 737 refer.

Deputy Harbourmaster, Amanda Kerr, was present for this item. Manager Consents and Compliance, Mandy Bishop answered questions regarding mooring areas. A correction to the agenda report on pages 657 and 668 was noted, there were two Option 2s, one of which should be Option 3. 

Resolved PR/2019/028

 

That the Planning and Regulatory Committee

1.    Receives the report Navigation Safety Bylaw review (R10159) and its attachments (R10026 and A2178235).

 

McGurk/Paine                                                                              Carried

Recommendation to Council PR/2019/029

 

That the Council

1.    Notes the review of the Navigation Safety Bylaw 2012 (No. 218); and

2.    Determines amendments to the Navigation Safety Bylaw 2012 (No. 218) are the most appropriate way of addressing the navigation safety problems identified by the review; and

3.    Determines the proposed amendments to the Navigation Safety Bylaw 2012 (No. 218) 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

4.    Determines a summary of the Statement of Proposal Proposed Changes to the Navigation Safety Bylaw 2012 (No. 218) is not required; and

5.    Adopts the Statement of Proposal Proposed Changes to the Navigation Safety Bylaw 2012 (No.218) (A2178235); and

6.    Approves the commencement of the Special Consultative Procedure (A2178235), with the consultation period to run from 21 June to 24 July 2019; and

7.    Approves the consultation approach (set out in paragraphs 5.9 and 5.10 of Report R10026) and agrees:

(a)  the approach 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 approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

 

McGurk/Paine                                                                              Carried

 


 

 

11.     Planning and Regulatory Committee - Quarterly Report - 1 January-31 March 2019

Document number R10019, agenda pages 738 - 830 refer.

Group Manager Environmental Management, Clare Barton, Manager Consents and Compliance, Mandy Bishop, Manager Environment Matt Heale, Acting Manager Building, Mark Hunter, Team Leader City Development, Lisa Gibellini and Team Leader Science & Environment, Jo Martin, answered questions regarding the Quarterly Report, including:

·    Report format and colour coding consistency with other quarterly reports

·    Building Services income

·    Recruitment

·    The Alpha One system

·    City centre development

·    The Nelson Plan and iwi input

·    An air quality exceedance incident

·    There had been no appeals to the Regional Management Pest Plan

·    Water quality.

Attendance: Councillor Barker left the meeting from 2.25 p.m. until 2.28p.m.

It was noted that The Nelson Plan vision would be a recommendation to Council to approve as a working draft.

It was noted that a report on compliance monitoring and enforcement metrics and the results of a peer review on Council’s processes would be presented to the next committee meeting, and there would be a press release on Thursday 30 May.

Questions were answered regarding the Kotahitanga mō te Taiao Strategy process, implications for the Nelson Plan and the values of nature referred to in the document. It was agreed that a separate report would be included in the Council agenda to provide more detail on this recommendation to Council as it was a substantive document.

The recommendation to approve the City Centre Programme six key moves (A2184278) was removed as this issue would be dealt with at another meeting.

The meeting was adjourned at 2.58p.m. and reconvened at 3.01p.m.

The motion was taken in parts.

Resolved  PR/2019/030

 

That the Planning and Regulatory Committee

1.    Receives the report Planning and Regulatory Committee - Quarterly Report - 1 January-31 March 2019 (R10019) and its attachments (A2151814, A2181696, A2181967, A2181946, A2184278, A2182016, and A2159046).

Dahlberg/Fulton                                                                           Carried

Resolved PR/2019/031

That the Planning and Regulatory Committee

2.    Amends the October 2018 Planning and Regulatory Committee Resolution PR/2018/057 as follows:

 

Delegates authority to review Draft Nelson Plan content ahead of reporting to the Planning and Regulatory Committee to an Elected Member Working Group comprising Her Worship the Mayor, Councillor McGurk, and two members of the Committee with Making Good Decisions certification, namely Councillor Fulton and Councillor Barker; and

 

Approves amending the indicative timeline for the release of the Draft Nelson Plan to statutory and key stakeholders and iwi to August 2019 following further internal testing, legal review, and Working Group  Planning and Regulatory Committee workshops, and Iwi Working Group review.

Dahlberg/Fulton                                                                           Carried

Recommendation to Council PR/2019/032

 

That the Council

1.    Adopts the Kotahitanga mō te Taiao Strategy (A2159046); and

2.  Approves the Nelson Plan Vision (A2182016) as the working draft for the Nelson Plan.

 

Her Worship the Mayor/McGurk                                                    Carried

       

 

There being no further business the meeting ended at 3.03p.m.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date

       


 

Item 7: Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019

 

 

Planning and Regulatory Committee

22 August 2019

 

 

REPORT R10198

Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019

     

 

1.       Purpose of Report

1.1      To provide a quarterly update on Environmental Management Group functions:  Building, City Development, Consents and Compliance, Planning, and Science and Environment.  As this reports on the fourth quarter, it is also the annual report.  In addition, the report provides a legal proceedings update relating to the Environmental Management Group functions.

 

 

2.       Recommendation

That the Planning and Regulatory Committee

1.    Receives the report Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019 (R10198) and its attachments (A2208049, A2044411, and A2178045).

 

 

3.       Summary

Activity

Level of service

Achievement

Building

 

Compliance with statutory requirements.

As previously outlined, the Alpha One System is causing issues.  There have been building consents not completed within the 20 day time limit given loss of sight in the System (59 in the fourth quarter, 12 in the third quarter and 29 over the second quarter).

Discussions with Alpha One are under way to get changes made to the system.

 


City Development

Coordinated growth with infrastructure.

A well planned City that meets the community’s current and future needs.

The Housing and Business Capacity Assessment has been completed and adopted by Council.

The Future Development Strategy was adopted by the Joint Committee on 26 July.

The joint Nelson Tasman Land Development Manual has been completed and adopted by Council.

Development of the City Centre Programme is progressing and will be reported to Council on 19 September.

Consents and Compliance

Compliance with statutory requirements.

Compliance with resource consent timeframes averaged 89% for the quarter. Applications being lodged have slowed but staff vacancies are still having an impact.  Statistics are included in Attachment 1 (A2208049).


Planning

Resource management plans are current and meet all legislative requirements.

Councillor briefings have been held for the Draft Nelson Plan over May-August 2019.

Preliminary engagement on coastal hazards was completed with affected landowners and key stakeholders.

The Kotahitanga mō te Taiao Strategy was adopted in June 2019.

Science and Environment

Compliance and reporting against relevant policy statements and standards.

 

 

 

 

 

 

Delivery of all programmes.

Upgrades to hydrometric monitoring sites were completed to enable real time telemetry of river flow data in the Maitai catchment.

There were no exceedances of the National Environmental Standards for Air Quality in the quarter.

The joint Tasman-Nelson Regional Pest Management Plan was approved and became operational on 1 July.

New monitoring programmes were developed including soil monitoring, wetland identification, freshwater fish spawning surveys and estuarine water quality and health monitoring. The freshwater continuous water quality programme was expanded to include turbidity and suspended sediment monitoring.

The greenhouse gas emissions inventory report and emissions management reduction plan for Nelson City Council operations were completed.

The Maire Stream Remediation project was completed.

The 2018/2019 Nelson Sustainable Land Project funded through MPI’s Hill Country Erosion Fund was delivered in partnership with NZ Landcare Trust. Over 42,000 plants were provided to landowners across the region this planting season.

Approximately 180 deer and goats were removed over a two week period in September in the Maitai/Roding catchment.

A collaborative plan for implementing the Waimea Inlet Management Strategy was completed and approved by Nelson City Council.

4.       Discussion – Financial Results

 

Notes

• Base Expenditure is expenditure that happens year after year, for example yearly contracts or operating expenses.

• Programmed Expenditure is planned, or there is a specific programme of works. For example, painting a building.

• Unprogrammed Expenditure is reactive or unplanned in nature, for example responding to a weather event. Budgets are included as provisions for these expenses which are unknown.

• This table excludes internal interest.

• The above Profit and Loss is categorised by Activity, and includes the same cost centres that are reported to the Planning & Regulatory Committee.


 


       Other Operating Expenditure (excluding internal interest)

 

 

       Capital Expenditure (including capital staff costs)

 

1.  

4.1      Monitoring the Environment expenditure is greater than budget by $11,000. Hill Country Erosion fund expenditure exceeds budget by $151,000. This expenditure will be offset by income from the Ministry of Primary Industries, which had not yet been invoiced at the time of writing this report. Tasman Bay monitoring and research costs are under budget by $30,000. This programme was not delivered due to a vacancy in the coastal scientist role. The allocation of staff costs is under budget by $45,000.

4.2      Environmental Advocacy and Advice expenditure is less than budget by $149,000. The allocation of staff costs is $126,000 behind budget. Air Quality Promotion expenditure is under budget by $19,000. This saving is attributed to the cold weather starting later than usual, as well as efficiencies in the delivery of the programme.

4.3      Developing Resource Management Plan expenditure is less than budget by $76,000. The allocation of staff costs is $55,000 over budget. Nelson Plan expenditure is under budget by $130,000. These cost savings in the current year are a result of the dog control bylaw being delayed and the Draft Nelson Plan workshops extending into the next financial year.

4.4      City Development expenditure is less than budget by $6,000. The allocation of staff costs is $85,000 over budget, due to more time than anticipated coded to City Development. City Development Project expenditure is under budget by $47,000 given the delivery of this programme has only commenced in the last 6 months after recruitment was achieved and a need to develop a Programme Plan before committing to physical works.  Housing Accord and Special Housing Areas Act (HASHA) Consultants costs are under budget by $16,000 as this is subject to the number of applications received.

4.5      The over-spend and under-spend commentary below (paragraphs 4.6 and 4.7) in relation to EIL roles for dog control and food premises reflects the fact the budget lines have not yet been changed to reflect the contracted services.  Overall the EIL services are under budget.

4.6      Dog Control expenditure is greater than budget by $103,000. The cost of providing advice and services is over budget by $42,000. The allocation of staff costs is over budget by $38,000.

4.7      Food Premises expenditure is greater than budget by $83,000. The cost of providing advice and services is over budget by $56,000. The fees for the activity are to be reviewed.

4.8      Enforcing Bylaws expenditure is less than budget by $141,000. The cost of providing advice and services is under budget due to reduced EIL contract prices.

4.9      Resource Consents income is less than budget by $366,000. Resource Consent fees are under budget by $305,000. Fees income has increased by 11% compared to last year, but was budgeted to increase by 42%. More realistic budgets have been set for the 2019/20 year.  Section 36 monitoring recovery income is under budget by $30,000 due to the timing of invoicing.

4.10    Resource Consents expenditure is greater than budget by $279,000. The cost of providing advice and services is over budget by $175,000, due to the new EIL contract price and Tonkin & Taylor geotechnical assessment costs. Contractor costs are over budget by $281,000. This reflects the use of consultants to cover staff vacancies, and is partially offset by staff costs which are under budget by $200,000. 

4.11    Public Counter Land & General expenditure is greater than budget by $70,000. The allocation of staff costs is over budget by $75,000, including more time than budgeted coded to resource consents and scanning.

4.12    Building Services income is greater than budget by $176,000. Building service fee income is over budget, including Building Consent Authority Quality Assurance Levies ($65,000), Insurance Levies ($42,000), Building Warrant of Fitness fees ($37,000) and Building Consent fees ($25,000). Demand for these services are market driven.

4.13    Building Service expenditure is less than budget by $77,000. The allocation of staff costs is under budget by $120,000.  The Building Manager role has been vacant although it is now filled.  Alpha One charges of $74,000 have been incurred against a nil budget.

4.14    Building Claims expenditure is less than budget by $71,000. Multiple claims have been notified in the last few months, and the associated expenditure is expected in the next financial year. 

Key Performance Indicators – Long Term Plan and Environment Activity Management Plan

 

 

4.15    Details of the status of the indicators are contained in Attachment 2 (A2044411). The four LTP indicators not achieved are:

·    83% of non-notified resource consents were issued on time – the target is 100%;

·    95% of fast-tracked resource consents were issued on time – the target is 100%;

·    90% of building consents and code compliance certificates were issued on time – the target is 100%; and

·    A total of 2 summertime exceedances were recorded for the full year in Airshed B1. This is one more than the one exceedance allowed under the National Environmental Standard – Air Quality in this airshed per annum. The source of the particulate matter was unable to be confirmed, however these exceedances are unlikely to be due to wood-burner emissions due to the warm weather at the time.

          Project Reports – Operational

4.16    Operational Project/Programme reports by Business Unit are contained in Attachment 3 (A2178045).  These projects are either achieved or ongoing and on track.

5.       Environmental Management Activity Update by Business Unit

BUILDING

Annual summary

5.1      The BCA has received 974 building consents this year.  This compares to 907 last year.  The value of the work for consents received is $24,69 million higher for the quarter, i.e. $90,79 million this Q4 compared to $66,10 million in Q4 last financial year.  For the full financial year, the value of work has significantly increased to $254,14 million from $165,52 million which is $88,67 million higher than the 2017/18 financial year.  The works include the airport terminal, 2 new retirement villages and multiple townhouse applications. 

5.2      A total number of 100 consents have breached timeframes since the introduction of AlphaOne in October 2018.  In the previous 5 years there were a total of only 5 timeframe breaches.  The loss of visibility of the processing days within the system remains a concern.  The Team is working with the provider to get changes made to better track processing days.  

5.3      IANZ undertook its audit in June.  This has resulted in 32 general non-compliances (GNC).  There were no serious non-compliances.  The Team is working on correcting these matters to achieve accreditation.  Of the 32 non-compliances 18 points raised related to issues with the AlphaOne system. A plan of action (project plan) has been put in place and sent to IANZ, and now the GNC project team is working on the plan and the evidence of implementation needed to address the GNC non-compliances. Under the IANZ assessment report requirements the date for evidence is 2 September 2019.   

Achievements

5.4      Recruitment for the Building Manager position has been successful and Patrick Schofield started on 15 July.  Patrick’s first major task is to clear the IANZ GNCs.

5.5      There has been a significant increase in the number of building consents and amendments being granted in quarter 4 compared to quarter 3 (278 compared to 183).  The amendments have the effect of increasing the processing and inspections staff workloads as there is an area of rework required to complete each one. 

Trends

5.6      A full summary of trends is provided in Attachment 1.

5.7      The total number of building inspections undertaken in quarter four was much lower than the same period last year (1269 compared to 1980).

Strategic Direction and Focus

5.8      The focus in the next quarter is addressing the general non-compliances to achieve re-accreditation with IANZ. 

2.                         Risks and Challenges

5.9      Achieving a highly functioning system relies on the provider making changes.   

CITY DEVELOPMENT

Annual summary

5.10    The City Development Team has completed the following:

1. Housing and Business Capacity Assessment.

2. Future Development Strategy.

3. Recruitment of a City Centre Programme Lead enabling the development of a City Centre Programme Plan and stakeholder engagement.

4. Management of the HASHA gazettal process and assisting applicants.

5. Nelson Tasman Land Development Manual.

Achievements

5.11    The Housing and Business Capacity Assessment for Nelson City and the wider Nelson Urban Area was completed in November and submitted to the Ministry of Housing and Urban Development (MHUD) for review. This piece of work has led to discussions around future servicing, enablement of growth areas and the form of future development.

5.12    The Future Development Strategy (NTFDS) was adopted by the Joint Committee on the 26 July. This strategy has been prepared in response to the issues raised in the Housing and Business Capacity Assessment.  The strategy provides a framework for planning and also future investment in infrastructure.

5.13    The joint Nelson Tasman Land Development Manual has been completed and adopted. This document is the first joint development standard and will give developers and land owners a much higher level of consistency when operating in both areas.

5.14    A city centre focus group has been established and has met three times since February 2019. A landlords and retailers forum has also been established and met three times.

5.15    The City Development Team continue to engage with developers looking to develop sites in and around the city centre.

5.16    The City Development Team took over managing the Urban Design Panel in April 2019. Since then, 10 applications have been received and assessed.

Strategic Direction and Focus

5.17    One of the outcomes of the Future Development Strategy is the development of an Intensification Action Plan. This work will be undertaken in the 2019/20 year.  It will include assessment of regulatory and non-regulatory levers for intensification. 

5.18    With the City Centre Programme Plan almost complete implementation will commence in the 2019/20 year.

5.19    The City Development Team, in partnership with the Transport Asset Managers will be developing a Parking Policy Statement.

5.20    The 2018 census data release has been delayed by Statistics NZ and as a result additional work is planned to understand the likely population and household growth over the term of the next Long Term Plan. It is proposed to work with Tasman District Council officers.

Risks and Challenges

5.21    City Centre business cases to test the feasibility of development in the city centre have not been completed in the 2018/19 year. These will be a priority for 2019/20.

5.22    The virtual officer team to manage roll-out of the City Centre Programme Plan has not yet been established. This will be required early in the 2019/20 to achieve implementation of the Programme Plan.

5.23    Officers will be coming to Council regarding the Intensification Action Plan to define the scope of work.

CONSENTS AND COMPLIANCE

Annual summary

5.24    While resource consent numbers have reduced staff vacancies continue to impact the ability to manage workload and meet timeframes. 

5.25    Additional monitoring resources from 1 July 2018 increased consent monitoring and permitted activity monitoring by 800 hours. As a result staff have had a strong focus on working with the forestry industry to comply with the National Environmental Standards for Plantation Forestry including undertaking regular site inspections. Staff increased monitoring of water permits and urban patrols in the summer low flow restrictions. Smokey chimney patrols continue over winter with less non-compliances to date than previous years.

Achievements

5.26    Permitted activity monitoring of industrial and commercial sites for stormwater discharge and hazardous substance storage has resulted in a number of on-site practice improvements that will directly result in enhancing the quality of storm water discharge from these properties.

5.27    Continued consent monitoring of large scale earthworks and raised awareness in the industry (after the successful prosecution for unlawful sediment discharge from a KB Quarries site), has enabled monitoring officers and earthwork contractors to work more closely together to improve practices. 

5.28    With the help of funding from Maritime New Zealand the deputy harbourmaster continued at full-time hours and conducted over 1500 safety checks, a 50% increase from last year’s total. Five search and rescue operations with other organisations were successfully conducted. The deputy harbourmaster initiated a Women on Water workshop that has seen over 40 participants learn basic boating safety skills as a precursor to day skipper courses. School visits on water safety have been very well received by over 800 students.

5.29    All food businesses in Nelson have transitioned to the Food Act requirements ending the three year transition period. The alcohol licensing process for the Bay Dreams festival was complex and although there were some issues, considering the scale of the event the goal to minimise alcohol related harm was largely achieved.

5.30    Education campaigns for dog control (scoop the poop) and reducing car sales on the side of the road have been successful.

Trends

5.31    Resource consent application numbers have slowed compared to last year.  More Special Housing Area Act resource consent applications are expected to be received prior to the 16 September 2019 deadline (when that Act is repealed).

Strategic Direction and Focus

5.32    Maritime NZ has again approved funds to enable the harbourmaster activities to be full time for the coming financial year (Council covers the cost of 20 hours per week and the harbourmaster vessel). Maritime NZ note these funds should not be relied upon and may not be available for this purpose in the future. Captain David Duncan will be retiring early 2020 so the Council will be liaising with Port Nelson Ltd on the transition and succession for this position.


 

 

Risks and Challenges

5.33    Recruiting an experienced resource consent planner is proving to be very difficult and compliance with statutory timeframes remains a risk while there are vacancies in the team. Councils across the country share this problem. Consultants can assist with processing consents but this usually involves more cost and time to manage the external communications and processing. In addition the experience gained from those consents stays with the consultant.

5.34    Increased information reporting requirements by central government and within the regional and unitary local government sector have highlighted difficulties with current data systems to capture and report on a range of regulatory activities.

PLANNING

Annual summary

5.35    The focus for the 2018/2019 year was the updating of the Draft Nelson Plan following additional technical work, internal officer testing, peer review from planning professionals, and a legal review. Iwi partners have also reviewed the Draft Nelson Plan and councillor briefings have largely been completed. 

5.36    Community and key stakeholder engagement commenced in early 2019 on coastal hazards following Council workshops and preliminary technical work being undertaken in late 2018. 

5.37    Council adopted Swimmable E.coli targets for Nelson’s larger rivers along with the Environment Activity Management Plan 2018-2028.

5.38    Preliminary engagement on the Dogs Bylaw and Policy review was undertaken and changes to the Urban Environment Bylaw to incorporate Kerr Street into the alcohol ban area were adopted.

5.39    The Planning team provided input into the National Planning Standards that took effect in May 2019.  Technical feedback was also provided on the review of the National Environmental Standard Air Quality and a submission was lodged on the International Maritime Organization treaty, Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL) in February 2019. 

5.40    An updated Progressive Implementation Programme (PIP) for implementing the National Policy Statement for Freshwater Management (2017) was notified. Wastewater and stormwater information was provided to the Department of Internal Affairs in response to the national Three Waters Review.

5.41    The Kotahitanga mō te Taiao Strategy was adopted in June 2019.  The Planning and Regulatory Committee received the Ngāti Tama Environmental Management Plan in November 2018 and relevant officers have been trained on how to implement the plan.

5.42    The Planning Team has carried a number of staff vacancies throughout the 2018/2019 financial year.

Achievements

5.43    The focus for the April to June 2019 quarter was briefing Elected Members on the Draft Nelson Plan (13 briefings of approximately 30 topics), uploading the Draft Plan into a preliminary Eplan format, and considering structural changes to the Draft Plan resulting from the National Planning Standards.

Strategic Direction and Focus

5.44    The focus for 2019/2020 will be on making changes to the draft Nelson Plan and associated cost benefit analysis.  An overview of the Draft Nelson Plan will be provided to the new Council in early 2020. There will also be a focus on undertaking the final upload of the Draft Nelson Plan so that people can undertake property searches and provide feedback in an electronic submission system.

5.45    The Draft Nelson Plan will need to be aligned with the NTFDS once it is finalised in July 2019 along with anticipated Government policy change relating to freshwater, urban development, biodiversity, climate change, and air quality.

5.46    Additional coastal hazards technical work will be undertaken building on the community feedback provided to date. 

Risks and Challenges

5.47    Ongoing staff vacancies at the Principal Planner and Planning Adviser level have been challenging for the Planning team particularly given the volume of work involved in councillor briefings and iwi engagement on the Draft Nelson Plan along with extensive coastal hazards engagement.

5.48    A significant amount of national policy change is also anticipated in the coming months that will increase pressure on staff resources.

SCIENCE AND ENVIRONMENT

Annual summary

5.49    The focus for the 2018/19 year was on developing programmes to better meet reporting requirements and information needs, with a focus on the significant natural areas, land management, soil monitoring, estuarine monitoring, freshwater monitoring, Tahunanui Slump monitoring, biosecurity and organisational greenhouse gas emissions programmes.

5.50    Three new staff were recruited to deliver the freshwater monitoring and significant natural areas programmes; and to assist with Nelson Nature operational delivery.

5.51    The Science and Environment team has completed several important initiatives and established a range of new programmes. Key achievements for the year included:

·    completion of the Regional Pest Management Plan;

·    the State of the Environment Report 2018;

·    Council’s carbon emissions inventory report and associated emissions reduction action plan;

·    grant agreements with central government totalling $200,000 in the 18/19 year and $1.2 million for the next 4 years for land management deliverables;

·    extensive goat control in the Maitai/Roding water reserves;

·    implementation of rural drought response;

·    implementation of a Tahunanui Slump monitoring programme;

·    identification of new native fish spawning areas;

·    development of erosion and sediment control guidelines and resources;

·    the establishment of new estuarine monitoring and stormwater education programmes; and

·    the expansion of the Enviroschools programme to include all Nelson schools.

Achievements

Biosecurity

5.52    The joint Tasman-Nelson Regional Pest Management Plan became operational on 1 July 2019. Tasman District Council will continue to be the Management Agency responsible for implementing the Plan for Nelson City. The Nelson City Council will lead control of Sabella and Taiwan cherry.

5.53    An annual survey of vessels, piles and pontoons in the marina and moorings for Mediterranean fanworm (Sabella spallanzanii) occurred in June and two Sabella were found during the survey at marina sites near the original infestation found in 2013. The two worms recovered and cleared were growing just clear of heavy fouling on the underside of pontoons. 

Carbon Measurement and Reduction

5.54    A greenhouse gas emission audit of Council emissions (emissions inventory report) for the baseline year 2017/18 has been completed and audited through the Certified Emissions Measurement and Reduction Scheme (CEMARS), along with an emissions management and reduction plan through the same scheme. An internal CEMARS action plan to deliver greenhouse gas emissions is now being developed.

State of the Environment Monitoring

5.55    The laboratory services contract was renewed as part of a consortium with four other regional councils (West Coast, Tasman, Greater Wellington and Hawkes Bay); which has benefits for developing closer ties with other regional council science teams, as well as securing competitive pricing for analysis.

5.56    Freshwater fish and surveys identified extensive inanga spawning in the lower Maitai, including the spawning habitat created and planted in 2014, and lower Jenkins Creek. Koaro spawning was confirmed at new sites in the Brook and Poorman Valley Streams, and tributaries of the Whangamoa and Maitai.  A project is in progress with the GIS and the Whakatu Nelson Plan teams to map fish spawning habitat across the region.

5.57    The estuarine monitoring programme included fine scale benthic community surveys of Delaware Bay, Kokorua Estuary and a new monitoring site established in the Waimea estuary. A broad scale habitat survey was completed for the Nelson Haven. The monitoring has established a baseline with reporting across all estuaries due in 2022 and 2027.

5.58    Marine sediment quality and benthic communities were monitored in Nelson Port and the lower reaches of the Maitai River as part of the Nelson Port Long Term Monitoring Plan. The Cawthron report and review of trends over the last ten years is due in August 2019.

Water Quality

5.59    The freshwater continuous water quality programme, including water temperature and dissolved oxygen, has expanded to include turbidity and suspended sediment. Suspended sediment sampling of a stormwater event and sensor calibration trials are planned with Cawthron. The reporting of five-yearly water quality trends (sampled monthly) for Activity Management Plans and Land and Water Aotearoa (LAWA) is due to be available in 2020.

5.60    The freshwater sediment quality monitoring programme was completed, as part of the Council’s monitoring of stormwater quality. The review of monitoring and trends will be reported later this year.

5.61    Maitai reservoir biomonitoring of dissolved oxygen, water temperature and plankton sampling was completed working in collaboration with the Infrastructure team and Cawthron. Work is in progress to provide more ‘real-time’ monitoring data from the reservoir to assist managing water quality in the reservoir.

5.62    Cawthron is completing trend analysis on the Nelson macroinvertebrate community index (MCI) data, used as one measure of ecosystem health for freshwater management. The analysis will be used for identifying streams with declines in MCI, developing monitoring plans and checking trends reported on LAWA.

Water Quantity

5.63    Upgrades to hydrometric monitoring sites were completed; a repeater was installed in the Maitai catchment to enable real time telemetry of river flow data from hydrology monitoring sites in the Maitai catchment, the Maitai South Branch flow site was upgraded and the Wakapuaka at Hira flow station was upgraded including the addition of a turbidity sensor.

5.64    Rural water restrictions were enforced for all stream and groundwater takes from mid-January through to the beginning of April. A review of the process for management and communication during low flow periods is being carried out.

Healthy Streams

5.65    The Drains to Harbour stormwater education programme has been undertaken at four schools during Term 2, with a series of community workshops commencing in July 2019.

5.66    Riparian planting has been underway during the Autumn/Winter planting season including extending the riparian margin at Paremata Flats reserve with Forest and Bird.  Supporting landowner restoration of a wetland upstream from the reserve providing connectivity for native fish, further planting along the Maitai River at the old nursery site, and over 6000 plants on private land to enhance river and stream health. In the urban area riparian planting has occurred at Piper’s Park, along Poormans Stream and Todd Valley Stream.

5.67    A successful Manu Hikoi was held in the Wakapuaka catchment in late May to experience and learn about the birdlife in the catchment from the forest to the shore.  Around 100 people attended this event, mostly from within the catchment.

5.68    Fish Passage remediation work continues with barriers to migratory fish being fixed in the Maitai and Brook catchment, and a survey of potential barriers undertaken in collaboration with Nelson Forests in the upper Whangamoa River.

5.69    The Maire Stream Remediation project has been completed, with fish passage established in the pipe beneath Parkers Road, fish surveys undertaken and approximately 2500 plants going into the wider catchment.

5.70    An annual report outlining all the work undertaken in this programme will be made available through the Councillors newsletter once completed.

Nelson Nature

5.71    Nelson Nature contractors completed the first of a multi-year control programme to reduce the impact of animal pests on forest health and water quality in the Maitai/Roding catchment.  Approximately 180 deer and goats were removed over a two week period in September. Reducing the deer and goat to low densities is a necessary next step to enable forest and limestone vegetation to fully recover.

5.72    The threat of wilding conifers and forest weeds to the mineral belt area has been greatly reduced over the last few years due to the efforts of Nelson Nature and the Parks & Facilities Team.

5.73    A collaborative plan for implementing the Waimea Inlet Management Strategy was completed and approved by Nelson City Council, other key agencies, several iwi and community. The recent announcement of $1 Million in funding from MPI’s One Billion Trees Fund for a collaborative project to restore the margins of the Waimea Estuary is testament to the efficacy of the Action Plan.

5.74    The Halo Operational Plan has been completed which aims to enhance native bird populations in Nelson by identifying key focus areas for Council and community trapping and restoration efforts. Over 50 Nelson residents attended a regional community trapping workshop in October, supported by Nelson Nature.

5.75    Nelson Nature supported private landowners of 23 Significant Natural Areas (SNAs) to manage the biodiversity values on their land. There are approximately 160 SNAs in the Nelson Region. SNAs supported this year included remnant wetland, lowland and mineral belt ecosystems and support ranged from advice to help with weed control contractors.

Land Management

5.76    The 2018/2019 Nelson Sustainable Land Project has been completed.  This project was a result of funding through MPI’s Hill Country Erosion Fund, and was delivered in partnership with NZ Landcare Trust.  Over 42,000 plants (36,000 for erosion control and 6,000 for riparian management) were provided to landowners across the region this planting season.

Environmental Education

5.77    The Enviroschools programme ran several workshops for teachers during Term 2 to upskill teachers in the use of new resources and in understanding the programme.

5.78    Students at schools across the City are engaging with Council programmes, including Healthy Streams, Nelson Nature and transport projects.

Eco-building Design

5.79    Demand for the Eco Design Advice service remains strong, with the traditional annual increase in inquiries occurring again this winter.  A series of presentations were given to ex refugee classes at NMIT and English language schools.

5.80    Stage five of the Warmer Healthier Homes programme was completed. Since its inception a total of 1577 homes have been insulated across Nelson, Tasman and Marlborough.

Air Quality

5.81    There were no exceedances of the National Environmental Standards for Air Quality in this quarter. Monitoring is continuing in each of the four airsheds.

5.82    Smoke patrols commenced mid-May mornings and evenings (including weekends) looking for excessively smoky chimneys. During the initial three weeks there were low numbers of non-compliance found, an indication that the ongoing educational programmes have been successful.

5.83    The wood burner behaviour change programme has been focussed on wood burner maintenance, correct lighting and operation to achieve smoke free burning.

Strategic Direction and Focus

5.84    The annual meeting of the Top of the South Marine Biosecurity Partnership was held on 16 August to focus on increasing effectiveness on marine biosecurity programmes in the Region. Biosecurity New Zealand will hold a networking session for practitioners in association with the Partnership meeting.

5.85    Drafting began on the revised New Zealand Biodiversity Strategy and new National Policy Statement on Indigenous Biodiversity (NPSIB). The NPSIB will set out objectives and policies to help councils, communities and landowners change the way native biodiversity is managed. A regional workshop was held in January to gather early input as Nelson is considered a leader in the development of collaborative biodiversity strategy due to the long running Nelson Biodiversity Forum and more recently, the Kotahitanga mō te Taiao Alliance. Draft documents for public consultation of the NZBS is due to be released August 2019 and NPSIB in October 2019.

5.86    The Sustainable Land Project (supported by $1.2 million funding grant for the next 4 years) will primarily focus on forestry as the major land use in the region. This includes advice on better environmental practice in forestry, and restoration of retired forestry land. The programme will aim to build understanding about the complexities (issues and benefits) associated with commercial forestry.

Risks and Challenges

5.87    Further monitoring requirements will need to be considered in light of the numerous amendments to the NPS-Freshwater Management (2017), including an increased requirement for continuous monitoring.

5.88    A Nelson/Tasman estuarine and coastal water quality programme, aligned with the freshwater and sediment monitoring requirements has been designed by NIWA. The direction of the programme will be reported separately to the Committee.

5.89    State of the Environment monitoring is identifying sediment discharges in Orphanage stream. The Science, Planning and Compliance team is working closely with contractors and consultants to address and resolve common issues for development activities that are planned over coming decades.

Waste Minimisation

5.90    The Joint Waste Management and Minimisation Plan review was scheduled for completion in 2018. However, operational delays mean that the plan will not be moved for adoption by Nelson City Council until September 2019. An interim waste minimisation programme has been delivered, and the formal waste minimisation action plan will be developed in partnership with Tasman District Council once the plan has been adopted.

5.91    Levels of service for waste minimisation are being reported through the Works and Infrastructure quarterly report.

6.       Legal Proceedings Update

6.1      For more than two years Ms Walker has challenged the Court decision to order the destruction of her dog after it bit her flatmate. All avenues confirmed the earlier decision or found there were no grounds to appeal. Costs awarded to the Council by the Court have not been paid so Council is seeking a Financial Assessment Hearing for the payment of these costs.

6.2      Prosecutions are occurring for two other dog attack incidents.

6.3      The proceedings against the Council by the Brook Valley Community Group have not succeeded.

6.4      Environment Court mediation will reconvene in August for remedial work on two neighbouring properties. The remediation follows a slip caused by unauthorised earthworks in Farleigh Street. Geotechnical representatives for each property are involved in regarding remedial work.

6.5      Marine and Coastal Area Applications – the Court has now issued its minutes following the second round of case management conferences held in June this year. The overall summary is that these applications are not progressing quickly.

6.6      There are a number of building related legal proceedings and one determination in progress as follows:

a)  Paine and Bowers and others v Carter Holt Harvey Ltd – Part of a Carter Holt Harvey (CHH) Class Action over the Shadowclad product. This is a nationwide claim against CHH.  Council, along with other Councils, has been joined as a third party in relation to a dwelling in Nelson.

b)  Risner v Aurecon v NCC – Building subsidence claim. Council is defending the claim.

c)  Orr, Stringer and Pessione v NCC and others – Weathertight Homes Resolution Services Act 2006 claim.  Council is defending the claim. 

d) Atawhai property – notification of potential claim that may involve Council.

e)  Collins and others v NCC and others – Claim was settled in a Judicial Settlement Conference held in late June 2019.

f)  Mr. M Miller – Determination has been applied for and is with the Ministry of Business, Innovation and Employment. Initial determination document is awaited.

7.       Other Notable Achievements, Issues or Matters of Interest

Workshop update

7.1      A total of 13 Elected Member briefings were held on the Draft Nelson Plan over May, June, and July. The final briefing is scheduled for 26 August.

7.2      A list of the briefing topics is provided below, with a high-level summary of the key matters discussed. A detailed summary of feedback and responses for the first 10 briefings has been provided in a Councillors Newsletter. A detailed summary of the final briefings will be provided in the Councillor’s Newsletter.

·   Nelson Plan overview, and City Vision (7 May) – introduction to Nelson Plan topics and review of the Vision for Whakatū Nelson;

·   Noise, Signs, and Temporary Events (7 May) – Port, Airport, and State Highway engagement, construction noise, inner city noise, directional signs, advertising signs in the Open Space and Recreation Zone, signs on parked vehicles and trailers, digital signage at the Airport, sign height and size, electoral signs, community signage, consent requirements for temporary events.

·   Air Quality (9 May) – National Environmental Standard for Air Quality, airshed boundaries, the Okeo Tube and coal burners, shipping emissions;

·   Coastal Marine Area (9 May) – functional need to locate in the zone, iwi agreements with council, scientific research structures;

·   Freshwater (21 May) – reasonable domestic use definition, maximising efficiency and use of water, 2030 date for elimination of wastewater overflows, fish passage barriers, harvesting and storage of rainwater;

·   Landscape, Biodiversity, Conservation Zone (28 May) – consistency of terminology, new urban areas, stakeholder engagement, rural subdivision, biodiversity corridors, indigenous biodiversity, no net loss;

·   Natural Hazards (Overview) (12 June) – property prices and insurance, subdivision consent, section 72 Building Act notices;

·   Natural Hazards (Flooding) (12 June) - flood modelling parameters, matters of discretion;

·   Natural Hazards (Fault and liquefaction) (13 June) – fault and liquefaction risks, slope risk;

·   Riparian Margins, Earthworks, Soil Disturbance, and Vegetation Clearance, Contaminated Land, Hazardous Substances (17 June) – technical reports on land use impacts, productive soils, esplanade requirements, clarity of riparian and coastal margin rules, vegetation clearance threshold, earthworks and existing network utilities, matters of discretion, forestry management plans.

·   Infrastructure and Energy, Open Space and Recreation Zone, Historic and Cultural Heritage, Notable trees (12 July) – discussion of heritage and notable tree protections and non-regulatory methods (e.g. Heritage week); Discussion of appropriate activities for Open Space (in particular commercial activities); Alignment of Infrastructure provisions with national direction. Discussion of provision for renewable energy generation.

·   Growth, Character and Amenity, Inner City Zone, Residential Zone (22 July) – Alignment with the NTFDS, Policy framework for urban form and amenity, climate change impacts, controls for future growth areas, City Centre intensification and parking location, verandas and active frontages, Mixed Use zone retail thresholds, residential intensification approach;

·   Suburban Commercial Zone, Industrial Zone, Special Purpose Hospital Zone, Parking, Rural Zone (23 July) – Clearer delineation between Village and Suburban Centres and allowing residential at ground floor (at the rear of the building) and improved pedestrian linkages to surrounding areas and across the main transport links, tightening of Industrial Zone provisions to preserve Industrial Zone land for industrial purposes and discussion of Industrial Zone amenity, the Mitre 10 Mega site and the St Vincent/Vanguard St industrial area, Discussion of potential Hospital Zone including height, signage and parking, reduction of minimum residential parking standards and impact on on-street parking, appropriate provision of commercial activities in the Rural Zone;

·   Iwi – to be held on 26 August.

 

Author:          Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1:  A2208149 Building and Consents and Compliance statistics 1 Apr - 30 Jun 2019

Attachment 2:  A2044411 Environmental Management LTP performance levels

Attachment 3:  A2178045 Planning & Regulatory Committee Quarterly Report on Operational Projects & Programmes - Environmental Management

 

 

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 Environmental Management 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 on work programmes and statutory timeframes.  Recruitment for these roles is continuing.

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 following delegation:

Areas of Responsibility:

·    Biodiversity

·    Performance monitoring of Council’s regulatory activities

·    Resource management

Powers to Decide:

·      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

       Powers to Recommend:

·        Development or review of policies and strategies relating to the areas of responsibility

 

 


Item 7: Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019: Attachment 1

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Item 7: Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019: Attachment 2

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Item 7: Planning and Regulatory Committee - Quarterly Report - 1 April-30 June 2019: Attachment 3

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Item 8: Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy

 

Planning and Regulatory Committee

22 August 2019

 

 

REPORT R9240

Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy

     

 

1.       Purpose of Report

1.1      To agree to undertake consultation using the Special Consultative Procedure under section 83 of the Local Government Act 2002 for:

(a)     Proposed areas with sufficient traffic (pedestrian and vehicular) for prioritisation of unreinforced masonry hazards and routes of strategic importance (recovery and emergency response).  This is step one in defining priority buildings under the Building (Earthquake Prone Buildings) Amendment Act 2016; and

(b)     The proposed amended Policy for Dangerous, Insanitary and Affected Buildings.

2.       Summary

2.1      The Building (Earthquake-Prone Buildings) Amendment Act 2016 amended the Building Act 2004 and requires territorial authorities to identify priority buildings.  Broadly speaking priority buildings are buildings that either pose a high risk to safety (due to unreinforced masonry in high traffic areas) or have the potential to impede strategic transport routes likely to be needed in an emergency. Priority buildings are subject to shorter timeframes for identification and remediation.

2.2      The Building Act 2004 requires Council to identify areas with sufficient traffic (pedestrian and vehicular) that warrant prioritisation of unreinforced masonry hazards and transport routes of strategic importance (in terms of emergency response) following public consultation using the special consultative procedure.

2.3      Council must then identify priority buildings which are potentially earthquake prone under the Building Act 2004.  Owners of potentially earthquake prone priority buildings will then be required to undertake an engineering assessment.

2.4      Once an engineering assessment is provided by the owners the territorial authority can determine if the building is earthquake prone, and if so verify whether or not it is a priority building under the legislation.

2.5      In addition, the existing Dangerous and Insanitary Buildings Policy (2006) has been reviewed and changes are recommended.  A proposed Dangerous, Insanitary and Affected Buildings Policy is attached. 

2.6      This report and its attachments are provided for the Committee to consider and make a recommendation to Council to approve these for public consultation. 

 

 

3.       Recommendation

The Planning and Regulatory Committee:

1.     Receives the report Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy  (R9240) and its attachments (A2097637, A2077485, A2053947, A2060286); and

2.     Agrees to consult using the special consultative procedure on:

(a)     the proposed areas with sufficient traffic (pedestrian and vehicular), for prioritisation of unreinforced masonry hazards and routes of strategic importance (in terms of recovery and emergency response); and

(b)       the proposed amended Policy for Dangerous, Insanitary and Affected Buildings.

Recommendation to Council:          

That the Council

1.      Approves the Statement of Proposal (A2097637) and its attachment (A2077485) detailing proposed areas with sufficient traffic and the proposed routes of strategic importance; and

 

2.      Approves the Statement of Proposal (A2053947) and its attachment (A2060286) detailing the proposed Dangerous, Insanitary and Affected Buildings Policy; and

3.      Approves that a summary of the Statement of Proposal is not required for the proposed Dangerous, Insanitary and Affected Buildings Policy; and

4.      Approves the consultation approach (set out in section 6 of this report R9240) and agrees:

(a) the approach 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 approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

 

 

4.       Background

4.1      The system for identifying and managing earthquake-prone buildings changed on 1 July 2017, when the Building (Earthquake-Prone Buildings) Amendment Act 2016 commenced, amending the Building Act 2004.

4.2      The new system prioritises identification and remediation of earthquake-prone buildings that either pose a high risk to life safety (due to unreinforced masonry in high traffic areas) or have the potential to impede strategic transport routes that are likely to be needed in an emergency to support emergency services.

4.3      Nelson City is located in a medium seismic risk area as defined in the Act. This means that Nelson City Council must identify buildings that fit within certain potentially earthquake-prone categories, within 10 years (by 30 June 2027). 

4.4      Building owners must strengthen or demolish earthquake-prone buildings within 25 years from the date that a notice is issued.

4.5      The timeframes for priority buildings, however, are half of the timeframes for earthquake-prone buildings outlined in paragraphs 4.3 and 4.4 (i.e. 5 years, by 30 June 2022, and 12.5 years from the date that a notice is issued).

4.6      The process to identify priority buildings requires identification and adoption of the following:

·    Areas with sufficient traffic (under section 133AF(2)(a) of the Building Act 2004), specifically routes where:

(i) parts of an unreinforced masonry building could fall in an earthquake; and

(ii) there is sufficient vehicle or pedestrian traffic to warrant prioritising the identification and remediation of those parts of unreinforced masonry buildings.

·    Transport routes of strategic importance in terms of an emergency response (under section 133AF(2)(b) of the Building Act 2004).

4.7      The amendment to the Building Act 2004 has also provided the opportunity to review and update the existing Dangerous and Insanitary Buildings Policy 2006.  If changes are proposed then consultation must be undertaken using the special consultative procedure (SCP).

5.       Discussion

Earthquake Prone Buildings

5.1      Section 133AF of the Building Act 2004 requires:

5.1.1   The need to identify areas with sufficient traffic to enable the identification of unreinforced masonry buildings as priority buildings is mandatory. 

5.1.2   Identifying routes of strategic importance for emergency response (to enable the identification of buildings that may impede them as priority buildings) is discretionary.

5.2      The first stage is to determine priority buildings which requires consultation with the public using the SCP. 

5.3      If areas with sufficient traffic and transport routes of strategic importance are not identified and adopted at this stage any qualifying building notified in future as being earthquake prone, in these areas, would not be subject to the shorter 12.5 year priority timeframe for remediation. 

5.4      A future SCP would then be required to allow the territorial authority to identify routes of strategic importance to identify priority buildings.

5.5      Whilst noting that identification of transport routes of strategic importance is discretionary under the legislation, to prevent the need for a future SCP the recommendation is that this is included now.

5.6      The territorial authority has produced the Statement of Proposal and other attachments on the proposed areas with sufficient traffic and transport routes of strategic importance for release to the public for consultation.

5.7      Once consultation is completed the areas with sufficient traffic and transport routes of strategic importance will need to be adopted to enable the identification of priority buildings.

Review and update of the Dangerous and Insanitary Building Policy

5.8      It seems timely to review and update the Dangerous and Insanitary Buildings Policy 2006.  This policy requires updating as a result of this amendment, other required changes to general information, and the need to include affected buildings which are covered under sections 121A and 132A of the Building Act 2004. 

5.9      The proposed amended Policy is attached to this report.  In summary the key changes are:

(a)     Editorial changes

(b)     Changes to terms and titles of other stakeholders (i.e. Heritage New Zealand)

(c)     Addition of a section on Affected Buildings as required by Section 132A of the Building Act 2004

6.       Consultation Process

6.1      Under section 78 of the Local Government Act 2002, a local authority must, in the course of its decision-making process, give consideration to the views and preferences of persons likely to be affected by, or have an interest in, the matter.

6.2      In undertaking a SCP the Local Government Act 2002 requires the territorial authority to give public notice, and such other notice as the local authority considers appropriate, of the Statement of Proposal and the consultation being undertaken.

6.3      Under s 87(3) of the Local Government Act 2002 a Statement of Proposal must include:

a) the proposed changes;

b) the reasons for the changes;

c) what alternatives to the changes are reasonably available; and

d) any other information that the local authority identifies as relevant.

6.4      Section 83 of the Local Government Act 2002 requires Council to consider whether a summary of the Statement of Proposal “is necessary to enable public understanding of the proposal.” The proposed Statement of Proposal is not unduly complicated therefore, a summary is not considered necessary to assist with the public understanding of it.

6.5      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:

Proposed Consultation Process and Timeline

Council approve the release of the Statement of Proposals to the public for consultation (SCP)

19 September 2019

Statement of Proposal publicly notified and open for submissions

30 September 2019

Consultation closes

4 November 2019

Planning and Regulatory Committee – Hearing of Submissions

February 2020

Planning and Regulatory Committee – Deliberation of submissions

Early 2020

Council Meeting – Consideration and adoption of the changes

Early 2020

6.6      The following are the key methods proposed to raise public awareness of the consultation process, but these may be amended as the consultation process progresses:

6.6.1   Targeted mail-outs to building owners in the proposed areas, on the proposed routes and owners of buildings that are earthquake prone or notified as potentially earthquake prone.

6.6.2   Information and key dates advertised in Our Nelson and Share newsletters prior to, and near the end of the consultation period.

6.6.3   Nelson City Council website web page and web app.

6.6.4   Media release outlining the proposal and the key issues.

6.6.5   Drop in sessions for the public and targeted to business groups e.g. Uniquely Nelson.

6.6.6   Copies of the Statement of Proposal will be available from the Customer Services Centre and Council libraries and also available on the Council website.

6.6.7   Copies of the Statement of Proposal will be available for councillors to take to any community meetings that they attend during the consultation period.

6.6.8   Advertisements will be placed in local newspapers.

A communications plan has been developed to support the consultation process.

7.       Options

7.1      The identification of areas with sufficient traffic to enable the identification of priority buildings is mandatory. This is a legislative requirement and must occur. The only option would be to delay the timing of this consultation to push it nearer to the June 2022 deadline.

7.2      The territorial authority can only identify these two categories of priority buildings once the community has been consulted with and proposals have been adopted.

7.3      Identification of transport routes of strategic importance is at the discretion of the territorial authority so could be excluded. This report recommends this is included for the reasons advised.

7.4      Revising the Policy is discretionary but it is considered prudent to deal with this at the same given an SCP process has to be undertaken for the mandatory changes.

 

8.       Conclusion

8.1      The territorial authority is required to commence the identification of priority buildings under the amended Building Act 2004. Two categories of these priority buildings can only be identified once proposals have been consulted on using the SCP and adopted by Council.

8.2      In undertaking this work the territorial authority can require information from building owners, in order to determine priority earthquake prone priority buildings and issue earthquake prone building (EPB) notices. This then commences the 12.5 year time frame to get priority earthquake prone buildings demolished or strengthened.

Author:          Bruce Mutton, Structural Engineer

Attachments

Attachment 1:  A2097637 - Statement of Proposal  - Priority Buildings - Aug2019

Attachment 2:  A2077485 - Strategic Transport Routes For Emergency Response - Prioritisation of Unreinforced Masonry Hazards - InfoCouncilA3L - Maps - Jul-Aug2019

Attachment 3:  A2053947 - Statement of Proposal Dangerous, Insanitary and Affected Buildings Policy - Aug2019

Attachment 4:  A2060286 - Dangerous, Insanitary and Affected Buildings Policy 2006 - For Consultation Version including tracked changes - Aug2019

  

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

Section 10 of Local Government Act 2002 requires local government to perform regulatory functions in a way that is most cost-effective for households and businesses. To make the special consultative procedure pick up a number of factors creates efficient time use for officers and other members of Council.

2.   Consistency with Community Outcomes and Council Policy

The work meets community outcomes:

“Our communities are healthy, safe, inclusive and resilient”.

3.   Risk

The special consultative procedure is required under the Building Act 2004.  The main risk is ensuring any resultant earthquake strengthening/demolition works required by the Building Act 2004 are undertaken within the statutory timeframes. This risk is being managed by early commencement of this consultation.

The key location of the areas with sufficient traffic is central Nelson. It is acknowledged the amenity of the City Centre, in part because of the presence of heritage buildings, may be impacted.

4.   Financial impact

No additional resources have been requested. 

5.   Degree of significance and level of engagement

The priority building assessment is of high significance because it will impact owners of potentially earthquake prone buildings and owners of earthquake prone buildings within the areas and on the routes specified. In addition, the proposed amendments to the Policy for Dangerous, Insanitary and Affected Buildings have been assessed as being of low significance.

Consultation with the community is required in the form of a special consultative procedure.

6.   Inclusion of Māori in the decision making process

         No consultation with Māori has been undertaken to date.

 

 

7.   Delegations

The Planning and Regulatory Committee has the responsibility for considering Building Control and powers to recommend statements of proposals for Special Consultative Procedures, or proposals for other formal legislative consultation procedures, falling within the areas of responsibility. The Planning and Regulatory Committee has the power to make a recommendation to Council on this matter.

 


Item 8: Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy: Attachment 1

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Item 8: Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy: Attachment 2

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Item 8: Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy: Attachment 3

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Item 8: Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy: Attachment 4

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Item 9: Overview of 'Environment Aotearoa 2019'

 

Planning and Regulatory Committee

22 August 2019

 

 

REPORT R10267

Overview of 'Environment Aotearoa 2019'

     

 

1.           Purpose of Report

1.1      To present an overview of the ‘Environment Aotearoa 2019’ report published by Statistics New Zealand and the Ministry for the Environment, summarise the environmental issues identified in the report, and highlight what Nelson City Council is doing to address them.

 

 

2.       Recommendation

That the Planning and Regulatory Committee

1.    Receives the report Overview of 'Environment Aotearoa 2019' (R10267) and its attachment (A2199011).

 

3.       Background

3.1      The Environment Reporting Act 2015 (the Act) requires Statistics New Zealand (Stats NZ) and the Ministry for the Environment (MFE) to publish regular reports about the state of the environment. A report on one of five domains (air; marine; freshwater; atmosphere and climate; land) is published every six months, and every three years a synthesis report on the state of New Zealand’s environment as a whole is published.

3.2      On 18 April 2019 MFE and Stats NZ published the first synthesis report under the Act. The report is titled Environment Aotearoa 2019.

3.3      A summary of Environment Aotearoa 2019 is attached (Attachment 1). The summary identifies key national environmental issues, and includes information about why each issue matters, what has changed, and the consequences.


 

3.4      Using five broad themes Environment Aotearoa 2019 outlines the priority environmental issues for New Zealand. An environmental ‘issue’ is defined as a change in the state of the environment that is (partly) caused by human activities (pressures) and has consequences (impacts).

3.5      The data used in Environment Aotearoa 2019 is taken from the latest environmental reports produced by MFE and Stats NZ. It draws on 60 environmental indicators that combine to describe the state and pressures relating to the identified environmental issues.

3.6      The report also identifies data gaps and areas where our knowledge is incomplete. These include insufficient data to identify trends over time, and difficulty in quantifying cumulative effects that are degrading the environment. All of the domains have established monitoring and reporting programmes except the marine and coastal environment, which is developing.

3.7      Environment Aotearoa 2019 uses criteria to assess the significance and urgency of a range of national environmental issues, and identify those that matter most:

3.7.1   Spatial extent and scale: how much of New Zealand is affected by the issue?

3.7.2   Magnitude of change: is the issue increasing in scale and/or distribution, or accelerating?

3.7.3   Irreversibility and lasting effects of change: how hard is it to fix?

3.7.4   Scale of effect on culture, recreation, health, and economy: how much does it affect the things we value?

4.       National environmental issues and Council’s actions

4.1      This report is divided into sections highlighting each of the environmental issues identified in the Environment Aotearoa 2019 report, and the actions that Nelson City Council is taking locally to address these issues.

4.2      The themes and associated issues are listed below with the key statistics provided by MFE describing the change in the state and pressures on the environment.

4.3      The issues and the state indicators are taken directly from the Environment Aotearoa 2019 report. They paint a sobering national picture, however Council is taking a wide variety of positive actions to help address these issues in the Nelson region.


 

4.4      Theme 1: Our ecosystems and biodiversity

Issue 1: Our native plants, animals, and ecosystems are under threat

4.4.1   Current state and pressure indicators:

o   Of species assessed between 2013 to 2016, 90% of seabirds, 80% of shorebirds, and 26% of indigenous marine mammals were classified as threatened with, or at risk of, extinction.

o   Of species assessed in 2017, 76% of indigenous freshwater fish were classified as threatened with or at risk of extinction.

4.4.2   What is Council doing about it?

o   Council is undertaking surveys to identify threatened terrestrial, freshwater and estuarine habitats and species, e.g. the 2019 wetland and marshland mapping survey and threatened lamprey surveys;

o   Council is undertaking habitat restoration programmes, and working with public and private landowners to protect, restore and enhance Nelson’s native ecosystems and species through the Nelson Nature programme;

o   14,000 hectares (33%) of Nelson land with native vegetation cover is protected as public land by Council or the Department of Conservation.

4.5      Theme 2: How we use our land

Issue 1: Changes to the vegetation on our land are degrading the soil and water;

Issue 2: Urban growth is reducing versatile land and native biodiversity.

4.5.1   Current state and pressure indicators:

o   New Zealand had 5% of land (14,000km²) classified as highly erodible in 2012.

4.5.2   What is Council doing about it?

o   Council has received $1.39 million funding from the Ministry for Primary Industries Hill Country Erosion Fund to address erosion on hill country pasture and retired forestry land;


 

o   Council is working with landowners to build capacity and knowledge about sustainable land management practices including erosion mitigation. The Nelson region covers over 42,000 hectares, and of this 52% is not in indigenous bush. Exotic forestry accounts for 27%, 12% is pastoral farming, 8% is in the urban zone, and 6% is in exotic vegetation;

o   Environmental Programmes (Nelson Nature, Healthy Streams, Land Management) are in place for planting of slopes to stabilise erosion prone soils and maintain soil quality;

o   A soil monitoring programme has been implemented across five different land use types. Council is undertaking soil monitoring to:

§ Provide information on the physical, chemical and biological properties of soils;

§ Contribute to the national picture of soil quality.

§ Identify the effects of land uses on long term soil productivity so that any issues can be detected early and monitored as required;

§ Provide information required to determine the effectiveness or regional policies and plans;

o   Nelson and Tasman are updating sediment and erosion control guidance and providing training to contractors and compliance staff to promote best practice at work sites and reduce avoidable sediment discharges;

o   Monthly freshwater monitoring quantifies fine sediment levels occurring in Nelson streams. A programme to establish continuous sediment monitoring is in progress to quantify peak sediment loads entering waterways during storm events, and how this relates to land use activities;

o   The Future Development Strategy prioritises intensification of existing urban areas before providing for any expansion on versatile land. Urban growth and household demand is expected to outstrip Nelson City capacity for housing by 2048. The Nelson population is ageing, a trend that is expected to continue over the next 30 years, with a corresponding increase in demand for one and two bedroom dwellings.


 

4.6      Theme 3: Pollution from our activities

Issue 1: Our waterways are polluted in farming areas

Issue 2: Our environment is polluted in urban areas

4.6.1   Current state and pressure indicators:

o   Of New Zealand’s total river length, 65% had modelled nitrogen concentrations above the expected range for natural conditions between 2013 and 2017.

o   There has been a 70% increase in dairy cattle, and a 44% decrease in sheep in 2017 compared with 1994.

o   Of nitrate leached from livestock, 65% was from dairy, and 15% from sheep in 2017.

o   There was a 627% increase in nitrogen applied from fertiliser in 2015 compared with 1990.

o   Of New Zealand’s total river length, 63% had modelled phosphorus concentrations above the expected range for natural conditions between 2013 and 2017.

o   Of New Zealand's total river length, 12% had modelled E. coli concentrations above the expected range for natural conditions between 2013 and 2017.

o   Of New Zealand’s total river length, 77% had modelled MCI score of excellent or good between 2013 and 2017.

o   Nine out of 12 coastal and estuarine water quality variables had improved between 2008 and 2017.

4.6.2   What is Council doing about it?

o   The Wakapuaka Bursting with Life programme (Healthy Streams) is collaborating with the local community to understand water quality issues, including E.coli sources. This has identified opportunities for fencing to restrict stock access to the waterway, riparian planting, and wetland creation to intercept and reduce contaminated overland run-off;

o   Council has a programme in place for the next four years to work more closely with forestry companies, small forest owners, and iwi owners of plantation forests, to build regional knowledge and achieve better outcomes for freshwater through mitigating the impacts of forestry including sediment and phosphorous inputs;

o   Council is reducing the public health risk from contact with water borne pathogens associated with E. coli, through numerous programmes across the region. These programmes include renewing wastewater pipelines, reducing inflow and infiltration into the wastewater network, and reviewing wastewater pump station storage;

o   The Healthy Streams Programme has implemented a Drains to Harbour programme to educate the community about urban contaminants, and the impact of stormwater runoff into streams and rivers;

o   Air quality in Nelson has shown a steady and significant reduction in PM10 emissions since 2001. The Nelson Air Quality Plan places controls on activities affecting air pollution, including domestic solid-fuel burners, outdoor burning and industrial discharges;

o   Council also runs a behaviour change programme, educating people on how to burn wood cleanly and improve the operation of their wood burners.

4.7      Theme 4: How we use our freshwater and marine resources

Issue 1: Taking water changes flows which affects our freshwater ecosystems

4.7.1   Current state and pressure indicators:

o   Of monitored lake sites, 57% rated poor or very poor (median trophic lake index) between 2013 and 2017.

o   There has been a 94% increase in irrigated agricultural land in 2017 compared with 2002.

4.7.2   What is the Council doing about it?

o   Development of the Whakamahere Whakatū Nelson Plan includes reviewing the amount of water that is allocated or allowed to be taken from rivers. The new Maitai and Roding water abstraction consents have conditions for maintaining a higher residual flow in the South Branch, which will improve water quality and meet Minimum Flow Ecosystem Health requirements during low flow periods;

o   Council is reviewing current freshwater allocations and working with consent holders to reduce over allocation of water resources;

o   Access to real-time water quality and quantity data will be improved through upgrades to infrastructure at hydrometric monitoring sites. The frequency of flow gaugings on smaller streams has also increased to provide more information about flow variability and estimate naturalised flows for setting allocations at the sub-catchment scale;

o   The Healthy Streams programme is working with landowners to encourage rain harvesting, and a reduction in water use alongside educating the community about the effects of over allocating water resources;

4.8      Theme 5: Our changing climate

Issue 1: New Zealand has high greenhouse gas emissions per person

Issue 2: Climate change is already affecting Aotearoa New Zealand

4.8.1   Current state and pressure indicators:

o   Gross CO₂ equivalent emissions increased 19.6% in 2016 compared with 1990 (methane and nitrous oxide from agriculture are the main contributors to CO₂ equivalent gas emissions).

4.8.2   What is the Council doing about it?

o   Council declared a State of Climate Emergency on 16 May 2019, and approved supporting actions and resources through the Annual Plan 2019/20;

o   Council’s organisational greenhouse gas emissions have been measured through the CEMARS (Certified Emissions Measurement and Reduction Scheme) programme, and a reduction target and carbon reduction plan are being developed;

o   Waste minimisation programmes are in place to avoid the creation of waste, recognise the values of resources, and reduce the amount of waste sent to landfill;

o   Council is proactive in supporting programmes to improve public transport links, cycle-ways and building a smart city that requires less fossil-fuel vehicle transport; and is embracing low emission technology, with three electric cars currently in the fleet (and charging points), and electric bicycles available for staff to attend meetings;

o   A project is underway to work with the community to better understand and plan for future hazards related to climate change and sea level rise, such as river flooding, coastal erosion and coastal inundation (flooding) using the Adaptive Pathways approach recommended by MFE;

o   Officers have been heavily involved in Civil Defence responses to recent fires, droughts and extreme weather events;

o   The impact of climate change on both  terrestrial and freshwater eco-systems is being considered through Council’s biodiversity and biosecurity programmes;

o   Council’s Eco Design Adviser service helps to improve the performance, comfort, health energy efficiency and sustainability of homes by providing free independent advice; and Council has contributed to the Nelson Marlborough Healthy Homes Scheme that seeks to install insulation into homes where residents have health needs;

o   Delivery of the Enviroschools programme, which enables teachers and learners to upskill about climate change and prepare for the future.

5.       Conclusion

5.1      Environment Aotearoa 2019 presents factual data at a national level across all environmental domains in a readily understandable way for the community. It highlights priority environmental issues for New Zealand, along with indicators of current state and data gaps.

5.2      Council is undertaking many actions which help to address these issues, which are detailed in Council’s State of the Environment 2018 report. Activities include environmental monitoring and science; and environmental programmes spanning biodiversity, biosecurity, sustainable land and water management, air quality, waste minimisation, community engagement, environmental education, city development, and planning and regulation across all the environmental domains.

5.3      There are presently numerous amendments to environmental legislation that will result in future changes and refinements of Environment Aotearoa 2019 indicators. Nelson City Council is well positioned as a unitary council to respond to these changes by taking a proactive and strategic approach to emerging key environmental issues.

 

Author:          Richard Frizzell, Environmental Programmes Officer

Attachments

Attachment 1:  A2199011 Environment Aotearoa 2019 -Summary

   


Item 9: Overview of 'Environment Aotearoa 2019': Attachment 1

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Item 10: Resource Management Compliance Monitoring and Enforcement Performance

 

Planning and Regulatory Committee

22 August 2019

 

 

REPORT R10365

Resource Management Compliance Monitoring and Enforcement Performance

     

 

1.       Purpose of Report

1.1      To consider the report by Dr Marie Brown on the 2017/18 Compliance Monitoring and Enforcement Metrics for the regional sector.

1.2      To consider the report by the Compliance and Enforcement Special Interest Group (CESIG) that peer reviewed Nelson City Council compliance, monitoring and enforcement practices.

 

 

 

2.       Recommendation

That the Planning and Regulatory Committee

1.    Receives the report Resource Management Compliance Monitoring and Enforcement Performance (R10365) and its attachments (A2228004, A2227983 and A2228044).

 

 

3.       Background

3.1      In 2018 the CESIG established a set of measures to better record compliance, monitoring and enforcement (CME) activities. This was in response to central government concerns on the strengths of local government CME actions. All regional and unitary councils responded to a survey and the CESIG commissioned Dr Marie Brown to analyse and report on the responses.

3.2      Dr Brown’s report was presented to Local Government New Zealand’s Regional Sector meeting on 3 May 2019. The report is included as attachment one to this report (A2228004). The responses to the survey from Marlborough District Council, Nelson City Council and Tasman District Council are included as Attachment two (A2227983).

3.3      The CESIG has also been systematically peer reviewing each Council’s CME processes over the last couple of years. In October 2018 CME managers from Marlborough and Otago councils visited Nelson to peer review this Council’s practices. Their report is included as Attachment three (A2228044).

4.       Conclusion

4.1      Key findings from these reports are:

 

·    Since resourcing has increased in the resource management monitoring area there are adequate levels of staffing to monitor all consents requiring monitoring.

·    Training undertaken by staff should be better programmed and documented.

·    Changes to our current practices on how we input data into our systems and the type of data recorded is required to better capture and report on the CME activities. It is noted that some details on our system capabilities in the peer review are incorrect.

·    Consider the Ministry for the Environment’s Best Practice Guidelines.

4.2      Officers will be reviewing and updating practices based on these recommendations. Officers will also be seeking improvements to current data systems if this is required to enable better capture and reporting of information.

 

 

Author:          Mandy Bishop, Manager Consents and Compliance

Attachments

Attachment 1:  A2228004 CME Metrics Report - Dr M Brown

Attachment 2:  A2227983 CESIG metric responses MDC NCC TDC

Attachment 3:  A2228044 CESIG peer review

   


Item 10: Resource Management Compliance Monitoring and Enforcement Performance: Attachment 1

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Item 10: Resource Management Compliance Monitoring and Enforcement Performance: Attachment 2

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Item 10: Resource Management Compliance Monitoring and Enforcement Performance: Attachment 3

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