Agenda of Council - 14 November 2019

The hearing and attesting of the written version of the Statutory Declaration by Councillor elect Yvonne Bowater, pursuant to Clause 14 of Schedule 7 of the Local Government Act 2002, is required before she may act as a member of the Nelson City Council. Councillor elect Bowater was unable to attend the inaugural meeting of Council on 31 October 2019.

Councillor elect Bowater is required to read aloud and sign the Declaration.

7. Acknowledgement of Past Service

Elected members will have the opportunity to acknowledge the service of departing members.

8. Mayor's Report 20 - 46

Document number R12566

Recommendation

That the Council

1. Receives the report Mayor's Report (R12566) and its attachments (A2297022, A1667136, A1702206, A1554165 and A2297276); and

2. Appoints the following elected members to other Committees:

Committee	Chair	Deputy Chair	Membership
Joint Shareholders Committee	Alternates between Mayors of each district	None appointed	Mayor Rachel Reese Judene Edgar Rachel Sanson Brian McGurk Gaile Noonan Mel Courtney
Nelson Regional Sewerage Business Unit (Joint)			Brian McGurk Tim Skinner External (Brendon Silcock) Iwi Rep (Frank Hippolite)
Nelson Tasman Regional Landfill Business Unit (Joint)			Judene Edgar Kate Fulton Iwi Rep (Andrew Stephens)
Saxton Field Committee (Joint)	External Appointment		Judene Edgar Tim Skinner
District Licensing Committee	External Appointment (Oke Blaikie)	Kate Fulton	Gaile Noonan External Appointments to 15 Nov 2023: Gail Collingwood Derek Shaw Laurie Gabites David Lewis
Forestry Advisory Group	External Appointment		Mayor Rachel Reese Rachel Sanson Independent External Forestry Expert
Hearings Panel - Other	n/a – Panel constituted as required	n/a – Panel constituted as required	All elected members in rotation (except the Mayor)
Hearings Panel – Resource Management Act	n/a – Panel constituted as required	n/a – Panel constituted as required	Elected members with commissioner accreditation: Mayor Rachel Reese Kate Fulton Brian McGurk Tim Skinner
Resource Management Act Procedures Committee	n/a – Panel constituted as required	Appointed by the Committee	Mayor Rachel Reese Kate Fulton Brian McGurk
Iwi-Council Advisory Group			Mayor Rachel Reese Judene Edgar Matt Lawrey Rachel Sanson
Greenmeadows Working Party			Mayor Rachel Reese Gaile Noonan Mel Courtney Chair of Audit & Risk Committee
Tenders Committee			Mayor Deputy Mayor Chair of the Governance and Finance Committee Chair of the relevant committee with responsibility relating to a tender

3. Approves (subject to their acceptance of the role) the reappointment of:

Committee/Group	External Appointment
Governance and Finance Committee	John Peters John Murray
Environment Committee	Glenice Paine
Audit and Risk Committee	John Peters (Chair) John Murray
Forestry Advisory Group	John Murray (Chair) Peter Gorman (independent External Forestry Expert)

4. Delegates the appropriate Committees of Council, as set out in document A2297276, to determine Councillor Liaison appointments to external organisations and groups that are within the committees’ areas of responsibility; and

5. Appoints Elected Members to liaison roles as follows:

Organisation/Group	Appointment/Liaison
Developer Advisory Group	Mayor Rachel Reese Mel Courtney Matt Lawrey
Urban Design Champion	Pete Rainey
Positive Aging Forum	Yvonne Bowater
Eelco Boswijk Civic Awards	Mayor Rachel Reese Trudie Brand Judene Edgar Kate Fulton Matt Lawrey Pete Rainey
Nelson Youth Council	Rohan O’Neill-Stevens All other Elected Members on rotation
Tasman Bays Heritage Trust Appointments Committee	Mel Courtney Gaile Noonan
Youth Nelson	Yvonne Bowater
Sister Cities Coordinating Group	Trudie Brand
Waimea Inlet Coordination Group	Brian McGurk

6. Notes that Mayor Rachel Reese is a member if the following bodies by legislation or governing documentation:

· Nelson Mayoral Relief Trust

· Mayoral Taskforce for Jobs Steering Group

· Mayoral Taskforce for City Fuures

· Cawthron Institute Board

· Nelson Municipal Band Trust

· Whakatū Marae Committee Inc; and

7. Appoints Gail Collingwood as Sister Cities Coordinator for a period of three years finishing in October 2022.

9. Te Tauihu Intergenerational Strategy 47 - 49

Document number R13586

Recommendation

That the Council

1. Receives the report Te Tauihu Intergenerational Strategy (R13586) and its attachments (A2296947 and A2296946).

10. Delegations Register 2019 50 - 151

Document number R12568

Recommendation

That the Council

1. Receives the report Delegations Register 2019 (R12568) and its attachments (A1183061, A1983271, A1983272, A1342334, A1437349, A1739267, A2288940); and

2. Adopts the Delegations Register (A1183061); and

3. Amends the Memoranda of Understanding governing the Nelson Regional Sewerage Business Unit (A1983271) and the Terms of Reference governing the Nelson Tasman Regional Landfill Business Unit (A A1983272) and the Saxton Field Committee (A1342334), subject to Tasman District Council passing an equivalent resolution; and

4. Amends the Terms of Reference governing the Audit and Risk Subcommittee (A1437349) and the Forestry Advisory Group (A1739267); and

5. Adopts the Terms of Reference for the City Centre Working Group (A2288940); and

6. Revokes the following resolution of Council of 20 March 2018 [CL/2018/023]:

That the Council:

Undertakes the review of the Dog Control Policy and Bylaw. ; and

7. Confirms in accordance with the Delegations Register, that the Environment Committee undertakes a review of the Dog Control Policy and Bylaw.

11. Schedule of Meetings 152 - 154

Document number R11460

Recommendation

That the Council

1. Receives the report Schedule of Meetings (R11460) and its attachment (A2256931); and

2. Adopts the schedule of meetings for the remainder of the 2019 calendar year as set out in Attachment 1 (A2256931).

Confidential Business

12. Exclusion of the Public

Recommendation

That the Council

1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Emma Moran of DLA Piper remain after the public has been excluded, for Item 1 of the Public Excluded agenda (Community Housing: Approval of Terms of Sale), as she has knowledge relating to the terms of sale that will assist the meeting.

Recommendation

That the Council

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

2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Community Housing: Approval of Terms of Sale	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(c)(i) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Nelson City Council Workplace Improvement - Accommodation Options	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Community Housing: Approval of Terms of Sale

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(c)(i)

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

· Section 7(2)(g)

To maintain legal professional privilege

· Section 7(2)(i)

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

Nelson City Council Workplace Improvement - Accommodation Options

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(h)

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

Note:

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

· Lunch will be provided. (delete as appropriate)

Nelson City Council Minutes - 31 October 2019

Minutes of a meeting of the Nelson City Council

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

On Thursday 31 October 2019, commencing at 1.34p.m.

Present: Her Worship the Mayor R Reese (Chairperson), Councillors T Brand, M Courtney, J Edgar, K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Kaihautū, (P Lee), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)

Apology: Councillor Elect Yvonne Bowater

Council’s Chief Executive, Pat Dougherty, opened the meeting.

Elected Members, led by Her Worship the Mayor, processed into the Chamber to a karanga from Whaea Mel.

1. Karakia

Kaumātua Shane gave the karakia and mihi whakatau and the Council waiata was sung.

2. Statutory Declarations

Document number R12544, agenda pages 9 - 10 refer.

Her Worship the Mayor made her statutory declaration, witnessed by the Chief Executive and assumed the chair at 1.40p.m.

Her Worship the Mayor then called on each of the councillors to make their statutory declarations.

3 Mayor's Speech

Her Worship the Mayor gave her inaugural speech.

Kaumātua Shane gave a closing karakia for the ceremonial part of the meeting.

The meeting was adjourned at 2.09p.m. and reconvened at 2.56p.m.

4. Apologies

Resolved CL/2019/216

That the Council

1. Receives and accepts the apology from Councillor Elect Yvonne Bowater.

Noonan/Edgar Carried

5. Confirmation of Order of Business

There was no change to the order of business.

6. Interests

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

7. Statutory Responsibilities of Members

Document number R12511, agenda pages 11 - 18 refer.

Chief Executive, Pat Dougherty noted the requirement under the Local Government Act 2002 to provide explanations of the Local Government Official Information and Meetings Act 1987 and other laws affecting elected members. Mr Dougherty summarised the information in the report.

Resolved CL/2019/217

That the Council

1. Receives the report Statutory Responsibilities of Members (R12511).

Her Worship the Mayor/Sanson Carried

8. Mayor's Report

Document number R12551, agenda pages 19 - 23 refer.

Her Worship the Mayor spoke to her report, noting the change in the name of the City Centre Revitalisation Group to the City Centre Working Group.

The motion was taken in parts.

Resolved CL/2019/218

That the Council

1. Receives the report Mayor's Report (R12551).

Her Worship the Mayor/Fulton Carried

Resolved CL/2019/219

That the Council

2. Appoints Judene Edgar as Deputy Mayor.

Her Worship the Mayor/Fulton Carried

Resolved CL/2019/220

That the Council

3. Establishes five Governing Committees as follows:

Committee	Chair	Deputy Chair	Membership
Infrastructure	Brian McGurk	Rohan O’Neill-Stevens	Trudie Brand Yvonne Bowater Mel Courtney Judene Edgar Kate Fulton Matt Lawrey Gaile Noonan Pete Rainey Rachel Sanson Tim Skinner
Governance and Finance	Rachel Sanson	Gaile Noonan	Trudie Brand Yvonne Bowater Mel Courtney Judene Edgar Kate Fulton Matt Lawrey Brian McGurk Rohan O’Neill-Stevens Pete Rainey Tim Skinner External Appointees x 2
Environment	Kate Fulton	Brian McGurk (Nelson Plan Lead Role)	Trudie Brand Yvonne Bowater Mel Courtney Judene Edgar Matt Lawrey Gaile Noonan Rohan O’Neill-Stevens Pete Rainey Rachel Sanson Tim Skinner External Appointee x 1
Community Services	Matt Lawrey	Yvonne Bowater	Trudie Brand Mel Courtney Judene Edgar Kate Fulton Brian McGurk Gaile Noonan Rohan O’Neill-Stevens Pete Rainey Rachel Sanson Tim Skinner
Sports and Recreation	Tim Skinner	Trudie Brand	Yvonne Bowater Mel Courtney Judene Edgar Kate Fulton Matt Lawrey Brian McGurk Gaile Noonan Rohan O’Neill-Stevens Pete Rainey Rachel Sanson

4. Appoints the following elected members to Single Purpose Committees:

Committee	Chair	Deputy Chair	Membership
Regional Transport	Brian McGurk	Judene Edgar	Mayor Rachel Reese Rohan O’Neill-Stevens NZTA Representative
Chief Executive Employment Committee	Mayor Rachel Reese	Deputy Mayor	Gaile Noonan Pete Rainey
Joint Committee	Alternates between Mayors of each district	None appointed	All Councillors
Civil Defence Emergency Management Group	Alternates between Mayors of each district	None appointed	Mayor Deputy Mayor

5. Appoints the following elected members to a Single Purpose Subcommittee:

Subcommittee

Chair

Deputy Chair

Membership

Audit and Risk

External Appointee

Mayor

Deputy Mayor

Chair of Governance

6. Appoints the following elected members to the City Centre Working Group:

Group

Chair

Deputy Chair

City Centre Revitalisation Group

Pete Rainey

Mel Courtney

Mayor Rachel Reese

Gaile Noonan

Matt Lawrey

Trudie Brand

Her Worship the Mayor/McGurk Carried

9. Annual Report 2018/19 (Agenda Item 9)

Document number R11504, agenda pages 24 - 41 refer.

Group Manager Corporate Services, Nikki Harrison, and Manager Strategy, Mark Tregurtha, were present for this item. Mr Tregurtha spoke to the report and answered questions on Council’s performance and targets.

Jaco Meintjes and Jacques Coetzee, representing Audit NZ, confirmed that the Annual Report 2018/19 appropriately reflected Council’s financial position and performance and that Audit NZ’s final report to Council on areas of improvement would be available in a few weeks.

Resolved CL/2019/221

That the Council

1. Receives the report Annual Report 2018/19 (R11504) and its attachments (A2280336 and A2288268); and

2. Adopts the Annual Report for the year ended 30 June 2019 (A2280336) in accordance with s98 of the Local Government Act 2002; and

3. Receives the draft Audit New Zealand Opinion; and

4. Delegates the Mayor and Chief Executive to approve minor editorial changes as necessary.

Her Worship the Mayor/O'Neill-Stevens Carried

10. Elected Members' Code of Conduct

Document number R12553, agenda pages 42 - 70 refer.

Manager Governance and Support Services, Mary Birch, tabled amendments to the proposed Elected Members’ Code of Conduct. Ms Birch spoke to the amendments and answered questions regarding the complaints process. She noted that Appendices C and D of the Code of Conduct would need to be amended for alignment as a result of the changes. It was clarified that the Code of Conduct could be amended throughout the triennium with a 75% majority of those present.
Resolved CL/2019/222
	*That the Council* *1. Receives the report Elected Members' Code of Conduct (R12553) and its attachment (A1745031); and* *2. Adopts the Nelson City Council Code of Conduct (A1745031), subject to the changes tabled at the 31 October 2019 Council Meeting (A2292439); and* *3. Confirms that the final wording to give effect to these changes is to be approved by the Mayor, Deputy Mayor and Chair of Governance and Finance Committee;* *4. Directs the Chief Executive to develop a panel of independent investigators for approval by Council; and* 5. Notes that a Code of Conduct Committee will be established as part of the process to appoint Elected Members to committees.
Her Worship the Mayor/McGurk Carried
Attachments 1 A2292439 Proposed Changes to the Draft Nelson City Council Code of Conduct

11. Elected Members' Remuneration

Document number R12555, agenda pages 71 - 77 refer.

Manager Governance and Support Services, Mary Birch, was present for this item.

Her Worship the Mayor expressed a desire to gain the agreement of the meeting on the preferred way forward and discussion took place on the options.

Councillor Lawrey, seconded by Councillor Rainey, moved the officer’s recommendation (Scenario 1).

	That the Council 1. Receives the report Elected Members' Remuneration (R12555); and 2. Approves the allocation of Elected Member Remuneration from the Pool in accordance with the Remuneration Authority Local Government Members (2019/2020) Determination Part 2 outlined in Scenario 1: · Deputy Mayor: $62,662 · Chair Infrastructure, Regional Transport Committees, Deputy Chair Environment Committee (Nelson Plan Lead): $62,662 · Chair: $52,143 · Deputy Chair: $44,900 · Councillor: $44,900.
Lawrey/Rainey Carried
Councillor Fulton, seconded by Councillor Noonan, moved the following amendment (Scenario 4):
That the Council 1. Receives the report Elected Members' Remuneration (R12555); and 2. Approves the allocation of Elected Member Remuneration from the Pool in accordance with the Remuneration Authority Local Government Members (2019/2020) Determination Part 2 outlined in Scenario 4: · Deputy Mayor: $62,662 · Chair Infrastructure, Regional Transport Committees, Deputy Chair Environment Committee (Nelson Plan Lead): $57,406 · Chair: $52,669 · Deputy Chair: $45,426 · Councillor: $45,426 Fulton/Noonan
Debate took place on the amendment. Her Worship the Mayor, Deputy Mayor Edgar and Councillor Mel Courtney abstained from voting on both the amendment and the substantive motion. The amendment was put and lost.
The substantive motion was put and carried.
Resolved CL/2019/223
	*That the Council* *1. Receives the report Elected Members' Remuneration (R12555); and* 2. Approves the allocation of Elected Member Remuneration from the Pool in accordance with the Remuneration Authority Local Government Members (2019/2020) Determination Part 2 outlined in Scenario 1: · *Deputy Mayor: $62,662* · *Chair Infrastructure, Regional Transport Committees, Deputy Chair Environment Committee (Nelson Plan Lead): $62,662* · *Chair: $52,143* · *Deputy Chair: $44,900* · Councillor: $44,900.
Lawrey/Rainey Carried

12. Next meeting date

Document number R12545, agenda pages 78 - 78 refer.

Resolved CL/2019/224

That the Council

1. Confirms the next meeting of the Nelson City Council will be held on Thursday 14 November 2019, commencing at 9.00am.

Her Worship the Mayor/McGurk Carried

There being no further business the meeting ended at 4.27p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 8: Mayor's Report

Council

14 November 2019

REPORT R12566

Mayor's Report

1. Purpose of Report

1.1 To update Council on current matters and determine appointments of elected members and external appointees to committees, subcommittees, subordinate decision-making bodies, external groups and organisations.

2. Recommendation

That the Council

1. Receives the report Mayor's Report (R12566) and its attachments (A2297022, A1667136, A1702206, A1554165 and A2297276); and

2. Appoints the following elected members to other Committees:

Committee	Chair	Deputy Chair	Membership
Joint Shareholders Committee	Alternates between Mayors of each district	None appointed	Mayor Rachel Reese Judene Edgar Rachel Sanson Brian McGurk Gaile Noonan Mel Courtney
Nelson Regional Sewerage Business Unit (Joint)			Brian McGurk Tim Skinner External (Brendon Silcock) Iwi Rep (Frank Hippolite)
Nelson Tasman Regional Landfill Business Unit (Joint)			Judene Edgar Kate Fulton Iwi Rep (Andrew Stephens)
Saxton Field Committee (Joint)	External Appointment		Judene Edgar Tim Skinner
District Licensing Committee	External Appointment (Oke Blaikie)	Kate Fulton	Gaile Noonan External Appointments to 15 Nov 2023: Gail Collingwood Derek Shaw Laurie Gabites David Lewis
Forestry Advisory Group	External Appointment		Mayor Rachel Reese Rachel Sanson Independent External Forestry Expert
Hearings Panel - Other	n/a – Panel constituted as required	n/a – Panel constituted as required	All elected members in rotation (except the Mayor)
Hearings Panel – Resource Management Act	n/a – Panel constituted as required	n/a – Panel constituted as required	Elected members with commissioner accreditation: Mayor Rachel Reese Kate Fulton Brian McGurk Tim Skinner
Resource Management Act Procedures Committee	n/a – Panel constituted as required	Appointed by the Committee	Mayor Rachel Reese Kate Fulton Brian McGurk
Iwi-Council Advisory Group			Mayor Rachel Reese Judene Edgar Matt Lawrey Rachel Sanson
Greenmeadows Working Party			Mayor Rachel Reese Gaile Noonan Mel Courtney Chair of Audit & Risk Committee
Tenders Committee			Mayor Deputy Mayor Chair of the Governance and Finance Committee Chair of the relevant committee with responsibility relating to a tender

3. Approves (subject to their acceptance of the role) the reappointment of:

Committee/Group	External Appointment
Governance and Finance Committee	John Peters John Murray
Environment Committee	Glenice Paine
Audit and Risk Committee	John Peters (Chair) John Murray
Forestry Advisory Group	John Murray (Chair) Peter Gorman (independent External Forestry Expert)

4. Delegates the appropriate Committees of Council, as proposed in document A2297276, to determine Councillor Liaison appointments to external organisations and groups that are within the committees’ areas of responsibility; and

5. Appoints Elected Members to liaison roles as follows:

Organisation/Group	Appointment/Liaison
Developer Advisory Group	Mayor Rachel Reese Mel Courtney Matt Lawrey
Urban Design Champion	Pete Rainey
Positive Aging Forum	Yvonne Bowater
Eelco Boswijk Civic Awards	Mayor Rachel Reese Trudie Brand Judene Edgar Kate Fulton Matt Lawrey Pete Rainey
Nelson Youth Council	Rohan O’Neill-Stevens All other Elected Members on rotation
Tasman Bays Heritage Trust Appointments Committee	Mel Courtney Gaile Noonan
Youth Nelson	Yvonne Bowater
Sister Cities Coordinating Group	Trudie Brand
Waimea Inlet Coordination Group	Brian McGurk

6. Notes that Mayor Rachel Reese is a member if the following bodies by legislation or governing documentation:

· Nelson Mayoral Relief Trust

· Mayoral Taskforce for Jobs Steering Group

· Mayoral Taskforce for City Fuures

· Cawthron Institute Board

· Nelson Municipal Band Trust

· Whakatū Marae Committee Inc; and

7. Appoints Gail Collingwood as Sister Cities Coordinator for a period of three years finishing in October 2022.

3. Tasman Mako

3.1 Te Tau Ihu – Marlborough, Nelson and Tasman celebrated the historic victory of the Mako in the Mitre 10 Premiership, and their contribution to our community, with a parade through the centre of Nelson where a haka powhiri was provided by Nelson Boys College and Victory School in a formal ceremony at the Church Steps.

3.2 The ceremony opened with karakia and mihi timatanga given from kaumātua and a supporting waiata by Te Roopu Whakamanamana. This was followed by speeches from Mayors Rachel Reese and Tim King, Marlborough Councillor Mark Peters, Tasman Rugby Union representative Tony Lewis and Hon Nick Smith. The Key to the City of Nelson was presented.

3.3 The Mitre 10 Premiership is the pinnacle of domestic rugby in New Zealand, and to have our team bring home the Cup is really exciting and something we can all feel proud about. The team’s contribution to our community has been exemplary.

4. Local Government New Zealand National Council elections – Regional Sector

4.1 As a unitary authority, Nelson City Council has the option to vote in either the Provincial Sector or the Regional Sector election, but cannot vote in both (Rule D10). Nelson City Council has elected to vote in the Regional Sector election.

4.2 The Mayor has been a Regional Sector representative on the National Council of LGNZ since 2016, appointment is by election.

4.3 LGNZ received two nominations for the two National Council Representative positions for this triennium, and declared Doug Leeder, Chair, Bay of Plenty Regional Council and Rachel Reese, Mayor, Nelson City Council elected to the positions of Regional Sector Representatives on National Council. Doug Leeder has also been appointed Sector Chair. The attached (A2297022) memorandum refers.

4.4 Nelson City Council is in a unique position as a unitary authority to critically assess the potential impacts of Government proposals. Nelson can hone in on matters for both the regional sector and territorial authorities and reflect on impacts in an integrated way, e.g National Policy Statement on Freshwater changes aim to improve the environment but what are the potential costs to the community of needed infrastructure improvements to achieve those improvements.

5. Appointments

5.1 At the Inaugural meeting on 31 October 2019 Council established its governing committees. Several appointments remain and are presented for consideration.

5.2 Council is able to make external appointments to its committees. In doing so, it can consider whether to reappoint previous external appointees or run a full selection process. A decision on this matter is required so that full memberships of committees, subcommittees and subordinate decision-making bodies can be established as soon as possible in the triennium.

5.3 Traditionally Council has made appointments of elected members to various external groups and organisations. In the last term of Council, a review was undertaken to refine the number of appointments and to include a focus on liaison. On this basis these appointments are also presented for consideration.

6. Appointments to Committees

6.1 The recommended appointments to committees, subcommittees and subordinate decision-making bodies endeavours to put together a council structure that spreads workload, respects each person’s skills, interests, experience, and the areas of council business where each person has the capability to make a particular contribution.

6.2 Consideration has been given to the capacity of Elected Members to commit time to multiple roles and positions of responsibility.

7. External Appointments

7.1 An external appointee is a person who is not an elected member and who is appointed to a committee of Council in accordance with Schedule 7, clause 31 of the Local Government Act 2002 (the LGA). They act under the same delegated authority as the elected members on that committee.

7.2 Nelson City Council’s guidelines for making such appointments is set out in the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees (the Policy) and Nelson City Council Selection, Appointment and the Remuneration Policy for External Appointees on Council Subcommittees (A1667136 and A1702206 attached). This process for selection and appointment can be followed for appointments to both governing committees and single purpose committees. It is expected that the process would be varied to meet the requirements of the committee, provided that such variation meets the requirements of the Local Government Act 2002. The Policy is silent on the reappointment of external appointees.

7.3 In the previous triennium, Council reappointed the three external appointments to governing committees in accordance with the appropriate policies. John Murray and John Peters were appointed to the Governance Committee, and Glenice Paine was appointed to the Planning and Regulatory Committee. John Peters was also appointed as Chair of the Audit, Risk and Finance Subcommittee and John Murray as Chair of the Forestry Advisory Group.

7.4 John Murray is a chartered accountant with wide experience in providing business and strategic advice. He is an experienced board member.

7.5 John Peters has worked with a number of private and government boards, and is experienced in performance monitoring and risk management, compliance and mitigation.

7.6 Glenice Paine has a background in the conservation and resource management fields and has an extensive background in leadership and governance within iwi/Māori organisations. She has been a member of Boards of Inquiry for applications to the Environmental Protection Authority for significant national roading and energy projects. Ms Paine was appointed to the Environment Court as a Deputy Commissioner in 2017.

7.7 Peter Gorman is an external forestry expert who provides advice to the Forestry Advisory Group. Peter has extensive experience in forestry management and policy, specialising in climate change and sustainable development.

7.8 Council is now asked to consider whether to fill the external appointment positions, and the process to use for that. Specifically, whether to reappoint for the 2019-2022 triennium John Murray as member of the Governance and Finance Committee and Chair of Forestry Advisory Group; John Peters as member of the Governance and Finance Committee and Chair of the Audit and Risk Subcommittee; Glenice Paine as member of the Environment Committee and Peter Gorman as an adviser to the Forestry Advisory Group.

Reappointment considerations

7.9 In the 2016-19 triennium Council received criticism via the LGNZ Excellence Programme that it had not reinstated the Audit, Risk and Finance Committee in a timely manner following the election. Council had debated the terms and membership of the Committee and did not hold its first meeting of that Committee until May 2017. The report noted that Council could improve this position by ensuring the Committee was reinstated in a timely manner and a meeting held within six months of the election. The first meeting of the Audit and Risk Committee is scheduled within four months of the election.

7.10 Reappointment for a successive term allows the governing committees to commence the triennium in a timely manner with full memberships in place from the outset, rather than waiting for a selection process to be completed. It also avoids an initial period of upskilling and familiarisation for an appointee, allowing Council to maximise each appointee’s contribution over the full term of their appointment. Returning elected members have confirmed their appreciation of the value the three proposed appointees added to the committees and subcommittees.

7.11 The Council’s understanding of risk is developing, and its risk approach is mixed. For instance, issues of systems and network resilience are not fully articulated. Further, not all councillors are involved in the risk approach and many have a different perception of risk.

7.12 A decision to reappoint would be consistent with Council’s approach to the appointment of directors and trustees, CCOs and CCTOs, whereby reappointments may be made if the skills of the candidate are recognised to add value and support the ability to pursue a desired vision and long term strategy.

Proposed Reappointments

7.13 Having weighed up the points outlined above, if Council believes there is sufficient reason to make reappointments, it must be satisfied that the candidates have demonstrated their abilities and contribution over the previous triennium.

7.14 The Policy states that no external appointee may be reappointed for a fourth successive term unless special circumstances are identified. Mr Murray, Mr Peters and Ms Paine were appointed in 2014, if reappointed they this will be their third successive term.

7.15 The Policy also specifies that Council will conduct a review of the effectiveness of the addition of external appointees at the mid-point of the triennium. Due to workload pressures and staff vacancies a review was not timetabled in he last triennium. It is proposed that such a review could be conducted by the end of 2020.

7.16 Governance and Finance Committee

7.16.1 It is considered that both John Murray and John Peters have demonstrated their effectiveness as external appointees to the Governance Committee in the previous triennium.

7.16.2 They have also undertaken roles as Chairs of the Forestry Advisory Group and Audit, Risk and Finance Subcommittee respectively. They have added depth and understanding on related matters reporting to the Governance Committee.

7.17 Environment Committee

7.17.1 The key aspect of an external appointment to the Environment Committee in the 2019-2022 triennium will be to bring a Māori world view on, and expertise in, environmental matters to the Nelson Plan development. Glenice Paine has previously demonstrated her strength in this area.

7.17.2 Her knowledge and effectiveness in these areas, together with her familiarity with the role, means Glenice Paine is best qualified and conversant with the Nelson Plan development, elected members’ knowledge, and the key officers involved.

7.18 Forestry Advisory Group

7.18.1 John Murray provides a depth of financial and strategic advice to the Forestry Advisory Group and Council would benefit from his continued leadership. Mr Murray has had in depth training in approved codes of practice for health and safety in forest operations, with an emphasis on risk management.

7.18.2 Peter Gorman is an experienced forestry expert with an in-depth knowledge of Council’s forestry portfolio. The position is advisory and he does not have voting rights.

7.19 Audit & Risk Subcommittee

7.19.1 Local Government New Zealand’s (LGNZ) guidance on audit and risk committees is clear that to be effective, such committees must have a degree of independence from Council. The guidance recommends that this is achieved by the inclusion of external appointee members who bring additional skills to the committee.

7.19.2 A self evaluation of committee performance was undertaken in the last triennium by the members of the Audit, Risk and Finance Subcommittee and the consensus was that the subcommittee was adding significant value to Council’s performance monitoring and effectiveness.

7.19.3 Should John Peters be reappointed to the Governance and Finance Committee, also reappointing him as Chair of the Audit and Risk Subcommittee would reflect best practice and continue the depth of understanding he has brought to the role in the previous triennium.

8. Appointments to External Organisations

8.1 Engagement with external organisations and other groups is an important role of Council. Elected Member liaison appointments to external organisations and groups exist where a group’s objectives align with Council’s objectives or the group has been initiated by Council.

8.2 Liaison roles may be undertaken by a Elected Member, a council officer, or both, depending on the level required, whether at governance or operational level.

8.3 Liaison roles are determined by the Council Policy on External Appointments (A1554165 attached) and appointed by Council or the Committee aligned with the purpose of the Group (A2297276 attached). While Councillor Bowater’s appointment to the Positive Aging Forum falls within the responsibility of the Community Services Committee, it has been included in this report as the Positive Aging Forum meeting occurs before the Community Services Committee will meet to confirm the appointment.

9. Sister Cities Coordinator

9.1 Gail Collingwood was originally appointed as Sister Cities Coordinator by Council resolution on 12 December 2013 for a three year term. Her appointment was extended for a further three years in 2016, finishing in October 2019.

9.2 Following discussion within the Group, the Sister Cities Coordinating Group has recommended that Gail Collingwood be reappointed as Coordinator, and she has offered to continue in this role.

9.3 Gail Collingwood has a wealth of experience and an in-depth knowledge of Sister City activities. The Group fully endorses her re-appointment.

9.4 There is a small fee paid for this role ($550) and it is expected that Nelson City Council will meet the costs associated with the Coordinator attending the Sister Cities New Zealand conference.

Author: Rachel Reese, Mayor of Nelson

Attachments

Attachment 1: A2297022 Election result - Regional Sector ⇩

Attachment 2: A1667136 Nelson City Council Selection, Appointment and Remuneration Policy for External Appointees on Council Committees ⇩

Attachment 3: A1702206 Selection appointment and remuneration of external appointees on Council Subcommittees policy 2017-2019 ⇩

Attachment 4: A1554165 Council policy regarding representation on external organisations and other groups ⇩

Attachment 5: A2297276 Proposed Appointments to external organisations and other groups 2019 - 2022 ⇩

Item 9: Te Tauihu Intergenerational Strategy: Attachment 2

Council

14 November 2019

REPORT R13586

Te Tauihu Intergenerational Strategy

1. Purpose of Report

1.1 To present the draft Te Tauihu Intergenerational Strategy and seek Council feedback on the draft Strategy.

1.2 Note: Wakatū Incorporation is managing the development of the Strategy and its chair will be in attendance at the Council meeting to make a presentation on the process and outcomes of the Strategy work to date.

2. Summary

2.1 Work on the first stage of the draft Strategy is scheduled to be completed by 1 December 2019. This review of the current draft of the Strategy is Council’s opportunity to provide feedback on its approach, and the conclusions.

3. Recommendation

That the Council

1. Receives the report Te Tauihu Intergenerational Strategy (R13586) and its attachments (A2296947 and A2296946).

4. Background

4.1 The need for a new economic development strategy was the initiating point for this work. In 2018 Wakatū Incorporation offered to co-ordinate the development of the Strategy. With support from Marlborough and Tasman Councils, funding from the Provincial Growth Fund was sought to enable the Strategy to include the whole of Te Tauihu.

4.2 The Chair of Wakatū Incorporation, the three mayors, iwi representatives, council officers, Chambers of Commerce, other businesses and Nelson Marlborough Institute of Technology make up the membership of the Steering Group for the project. Nelson City Council’s contribution is $100,000 over two years.

4.3 The Strategy (attachment one) is still in draft, and it is timely for Council to now provide feedback.

4.4 The content of the Strategy was shaped by over twenty meetings, events and hui that reached over 1,000 people in Te Tauihu (attachment two outlines the input from this process). The Chair of Wakatū Incorporation, Mr Paul Morgan, will be in attendance at the Council meeting and outline the process, content and next steps for the Strategy.

4.5 Incorporating the ideas and feedback from so many participants has meant that the delivery of the project is behind schedule. The input from the public included that the economy could not be separated from the other aspects of community wellbeing. Broadening the strategy to incorporate this approach has also taken additional time.

4.6 Therefore, the Strategy has been prepared to cover the full wellbeing of Te Tauihu and its whānau (people), pūtea (economy) and taiao (environment). This broad approach is aligned with the purpose of local government, to promote the “social, economic, environmental and cultural well-being of communities in the present and for the future”.

4.7 Work is continuing on completing the Strategy, and the version which is attached still contains areas that need to be finished or reviewed. Comments from Council are being sought before the Strategy is completed.

5. Discussion

The vision for the Strategy “how to be a good ancestor”

5.1 The Vision for the Strategy is: To Be a Good Ancestor. The Strategy describes this as “At the heart of the Strategy is the wellbeing of the people and places in Te Tauihu, with a particular focus for the wellbeing of current and future generations and the responsibility we have, as the current generation, to pass on the taonga of Te Tauihu in a better state that when these taonga were placed in our care. This means that we as the people of Te Tauihu needed to think about what wellbeing means to us, which things are the important taonga that need to be protected for future generations, and how these things can be achieved together.”

5.2 The vision is aligned to the purpose of local government and the Strategy includes outcomes were based on current Nelson and Tasman Councils’ Community Outcomes. As part of the development of the next Long Term Plan Council may consider whether it adopts these as updated Community Outcomes. Officers will provide a report to Council in 2020 on this.

The Strategy will sit alongside other Council policies and strategies

5.3 The Strategy is intended to be additional to existing plans and strategies that are operational across the region. It aims to improve regional collaboration by focusing on common key issues. Councils, businesses and institutions will not be bound to deliver on any particular projects or actions. However, as part of the development of the 2021-2031 Long Term Plan Council may wish to consider which of the projects fit within Council’s work programme.

6. Next steps

6.1 At this stage Council is only being asked to receive the draft Strategy and provide feedback. Once the Strategy has been completed a report will be brought to Council on the next steps.

Author: Mark Tregurtha, Manager Strategy

Attachments

Attachment 1: A2296947 Draft - Te Tauihu Intergenerational Strategy (v 23)

(Circulated separately) ⇨

Attachment 2: A2296946 Draft - Te Tauihu Intergenerational Strategy Engagement Summary ⇩

(Circulated separately)

Item 10: Delegations Register 2019

Council

14 November 2019

REPORT R12568

Delegations Register 2019

1. Purpose of Report

1.1 To adopt the Delegations Register for the 2019-2022 triennium, and to approve or update the Memorandum of Understanding or Terms of Reference underlying several committees, subcommittees and subordinate decision-making bodies.

2. Recommendation

That the Council

1. Receives the report Delegations Register 2019 (R12568) and its attachments (A1183061, A1983271, A1983272, A1342334, A1437349, A1739267, A2288940); and

2. Adopts the Delegations Register (A1183061); and

4. Amends the Terms of Reference governing the Audit and Risk Subcommittee (A1437349) and the Forestry Advisory Group (A1739267); and

5. Adopts the Terms of Reference for the City Centre Working Group (A2288940); and

6. Revokes the following resolution of Council of 20 March 2018 [CL/2018/023]:

That the Council:

Undertakes the review of the Dog Control Policy and Bylaw. ; and

7. Confirms in accordance with the Delegations Register, that the Environment Committee undertakes a review of the Dog Control Policy and Bylaw.

3. Background

3.1 The Council Delegations Register sets out the areas of responsibility, functions, powers and duties that Council keeps for itself, or delegates to committees, sub-committees, subordinate decision-making bodies and the Chief Executive.

3.2 There is no legal requirement for Council to keep or adopt a Delegations Register, however it is considered best practice for the delegated responsibility of each committee, sub-committee and subordinate decision-making body to be captured in a Delegations Register and adopted by Council early in each triennium.

3.3 The committees, subcommittees and subordinate decision-making bodies established by Council at its inaugural meeting are unable to meet until Council has resolved the delegations in respect of each one.

3.4 The adoption of Council’s Delegations Register requires the motion to be supported by 50% of the members present.

4. Discussion

4.1 A full review of delegations has been undertaken and proposed changes are discussed in turn below.

Introductory section

4.2 The introductory sections (sections 1 and 2) of the proposed Delegations Register are largely based on those from the Delegations Register of the 2016-2019 triennium.

4.3 The main areas of review in the introductory section are:

4.3.1 An expanded discussion of the difference between governance and management activities, captured in section 1.2. Clarification of these concepts is intended to assist with the interpretation of the committee, subcommittee and subordinate decision-making body delegations, which focus on carrying out Council’s responsibilities, functions, powers and duties in relation to governance matters.

4.3.2 Clarification of the ways in which the Delegations Register may be amended, captured in section 1.3. The principle method for substantive amendments to the Delegations Register is still by resolution of Council, where the intent is clear that the Delegations Register, or a supporting document, such as a Terms of Reference, be amended (whether or not the resolution specifically states that the Delegations Register be amended). However, the Chief Executive has also been given the power to correct minor or typographical errors, to amend membership lists in the schedules, and to include any on-going delegations from committees, subcommittees and subordinate decision-making bodies. Doing so ensures the Delegations Register will stay up to date, without requiring governance time to be spent on minor administrative matters.

4.3.3 Clarification on ambiguity between the provisions, captured in section 2.6. The review of delegations has introduced a new approach, delegating broader powers to the Chief Executive and committees than in previous trienniums. As a result, there may be areas of unforeseen ambiguity. This section has been included to provide an appropriate mechanism to address any such issues. Where there is any uncertainty as to who has the delegated authority to act in respect of a particular matter, the Mayor will decide, in consultation with the Deputy Mayor, taking into account the advice of the Chief Executive.

Delegations to the Chief Executive

4.4 Delegations from Council to the Chief Executive (section 3) have been re-worked to provide greater clarity to the Chief Executive’s powers. The Delegations Register of the previous triennium listed areas in which the Chief Executive could act. However if a matter was not specifically listed in the Delegations Register, the Chief Executive needed to seek the agreement of Council before undertaking any particular action.

4.5 In alignment with Council’s Smart Little City vision, and to assist with lifting Council performance, the Chief Executive requires clear delegated powers to be able to respond efficiently and effectively. Such clarity is obtained by providing a broad delegation of Council’s powers to the Chief Executive, with limitations designed to protect Council’s governance role in providing strategic direction.

4.6 The proposed delegations from Council to the Chief Executive do not include any matters that Council may not delegate by law, any Governance matters retained by Council or delegated by Council to committees, subcommittees or subordinate decision-making bodies, any expenditure not in accordance with the Long Term Plan or Annual Plan, and the awarding of any tenders over the amount of $2,500,000. These limitations ensure that the Chief Executive’s delegated power can only be exercised in accordance with Council’s strategic goals and agreed planning documents.

4.7 Furthermore, the Chief Executive will be mindful of Council’s Significance and Engagement Policy and consider whether, in any particular situation, matters should be referred to the appropriate committee or Council for consideration and decision, rather than action taken under the Chief Executive’s delegated authority.

Governing Committee delegations – Committees of the Whole

4.8 Council has established five governing committees, being the Community Services, Environment, Governance and Finance, Infrastructure, and Sports and Recreation Committees. These committees are all established as ‘committees of the whole’ – that is, all elected members are members of every governing committee.

4.9 The delegations for each committee of the whole set out the areas of responsibility and powers of each committee. The areas of responsibility for each of the governing committees are largely based on the areas of responsibility contained in the governing committee delegations as set out in the 2016-2019 Delegations Register.

4.10 The committees’ powers in the proposed delegations are expressly broad in nature. That is, each committee is delegated the power to exercise Council’s responsibilities, functions, powers and duties in relation to governance matters within the areas of responsibility covered by the committee, aside from the limits contained within the ‘powers to recommend to Council’ (for which the committee has power to consider matters, but not to make a final decision on them).

4.11 The Delegations Register also identifies matters for which Council retains all responsibilities, functions, powers and duties in relation to governance matters (section 5.2). Consideration of matters and decision-making for these items will remain the responsibility of Council, although governance input may be sought at an early stage through specified alternative mechanisms, such as via the City Centre Working Group.

Dog Control Policy and Bylaw

4.12 Due to the high levels of public interest and to enable input from all elected members, the Planning and Regulatory Committee of the previous Council referred all powers relating to the Dog Control Policy and Bylaw to Council at its meeting on 22 February 2018.

4.13 As the Environment Committee is a now a committee of the whole and has responsibility for regulatory matters including dogs, it is appropriate for these powers to be referred back to committee for consideration.

Other Committee Amendments

4.14 A number of minor amendments have been made to other committee delegations in order to provide greater clarity.

Jointly Administered Committees

4.15 Nelson City Council and Tasman District Council have established a number of single purpose Committees. These are:

4.15.1 Joint Committee

4.15.2 Joint Shareholders Committee

4.15.3 Civil Defence and Emergency Management Group

4.15.4 Nelson Tasman Regional Landfill Business Unit

4.15.5 Nelson Regional Sewerage Business Unit

4.15.6 Saxton Field Committee

4.16 In order for each Council to provide an equitable level of support the reference documents and procedures for each joint Committee have been updated so either Council is able to provide administrative support. This will provide for support to be moved between the two councils as needs arise.

4.17 These are minor changes to reflect that the standing orders of the Council providing the support apply and that both Councils keep a record of the minutes. These changes have been applied in the Delegations Register or in the attached reference documents (Attachments Two, Three and Four).

Updated Committee Structure

4.18 At the Inaugural Council Meeting, held on 31 October 2019, Council approved a revised committee structure for the 2019 – 2022 triennium, resulting in changes to the responsibilities and names of some of the governing committees:

Governance and Finance Committee

4.19 The financial responsibilities, previously undertaken by the Audit, Risk and Finance Subcommittee in the last triennium, are now included in the Governance and Finance Committee. The Governance and Finance Committee’s name and areas of responsibility have been updated to reflect these changes.

4.20 Appropriate changes have also been made to the areas of responsibility and terms of reference of the Audit and Risk Subcommittee and the Forestry Advisory Group to reflect these changes (Attachments Five and Six).

Newly established subcommittees and bodies

Tenders Subcommittee

4.21 The Tenders Subcommittee has been established to consider and award tenders that exceed the limits of the Chief Executive’s delegated Authority. The Terms of Reference for the Tenders Subcommittee will be presented to a future Council meeting.

City Centre Working Group

4.22 The City Centre Working Group has been established to provide guidance and direction to officers on the implementation of the city centre programme plan and its associated spatial and delivery plans. The proposed Terms of Reference are included as Attachment Seven.

5. Risk

5.1 It is the case with any delegations register that all possible delegation requirements may not have been specifically identified, leading to a potential risk that the matter is not considered by the appropriate decision making body or officer.

5.2 The Delegations Register for the 2019-2022 triennium takes a different approach from that taken in previous years, with respect to delegating broader power to the Chief Executive and committees. This introduces some risk of uncertainty as there is reliance on an understanding of the separation between governance and management roles in ascertaining who has the power to act in any given situation.

5.3 Officers have considered this risk and have taken steps to mitigate through the introduction of an “ambiguity” section which provides an appropriate mechanism to address such issues if they arise.

6. Options

6.1 Council can choose to adopt the Delegations Register as presented either in whole or in part, or to not adopt the Delegations Register as presented.

Author: E-J Ruthven, Governance Adviser

Attachments

Attachment 1: A1183061 - Delegations Register 2019-2022 ⇩

Attachment 2: A1983271 - Updated Nelson Regional Sewerage Business Unit - Memorandum of Understanding ⇩

Attachment 3: A1983272 - Updated Nelson Tasman Regional Landfill Business Unit Terms of Reference ⇩

Attachment 4: A1342334 - Updated Saxton Field Committee Terms of Reference ⇩

Attachment 5: A1437349 - Updated Audit and Risk Subcommittee Terms of Reference ⇩

Attachment 6: A1739267 - Updated Forestry Advisory Group Terms of Reference ⇩

Attachment 7: A2288940 - proposed City Centre Working Group Terms of Reference ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Adoption of the proposed changes to the Delegations Register assists Council in enabling democratic decision-making as efficiently and effectively as possible.

2. Consistency with Community Outcomes and Council Policy

Adoption of the proposed changes to the Delegations Register assists Council to achieve its community outcomes and policy goals, by providing clear direction regarding how the decision and activities of Council are implemented and managed.

3. Risk

The Delegations Register for the 2019-2022 triennium takes a different approach from that taken in previous years, with respect to delegating broader power to the Chief Executive and committees. This introduces some risk of uncertainty as there is reliance on an understanding of the separation between governance and management roles.

This risk has been mitigated by the introduction of an “ambiguity” section which provides an appropriate mechanism to address any such issues.

4. Financial impact

There are no direct budgetary consequences related to the decision to approve the Delegations Register.

5. Degree of significance and level of engagement

This matter is of low significance. It relates to the adoption of a procedural governance document detailing how the activities and decisions of Council are decided and implemented. Therefore, no public engagement is required.

6. Climate Impact

This decision will have no impact the ability of the Council or District to proactively respond to the impacts of climate change now or in the future.

7. Inclusion of Māori in the decision making process

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

8. Delegations

Council retains full responsibility for the adoption of, and any subsequent amendments to, the Delegations Register.

Item 10: Delegations Register 2019: Attachment 1

PDF Creator