Resolved EC/2019/045

That the Environment Committee

1.        Receives and accepts the apologies from Her Worship the Mayor for lateness.

Fulton/Courtney                                                                            Carried

Claire Williams gave a Power Point presentation (A2308187) and highlighted her concerns regarding the use of plastic bags to dispose of dog waste.  She suggested Council consider using cornstarch bags, composting stations or portable easy-clean devices to reduce the volume of dog waste in plastic bags sent to landfill, and answered questions.

Attachments

1    A2308187 - Claire Williams - Power Point presentation

Zane Mirfin, Markham Phillips and Peter Ruffell spoke on behalf of the Delaware Bay Access Working Group.  They spoke about the value of Delaware Bay to recreational fishers both as an important food resource, and as a safe, all-weather, all-tide access point to Tasman Bay. 

Mr Mirfin tabled documents including a pamphlet outlining a proposed option for basic enduring access to Delaware Bay (A2320759), and requested a regional approach to managing access points to Tasman Bay along with Tasman District and Marlborough District Councils.

Attendance:  Her Worship the Mayor joined the meeting at 10.18a.m.

Mr Phillips spoke about the Cawthron Report, and showed a Power Point presentation (A2308203).  He explained that the proposed limited access way rested on gravel substrate, chosen to limit environmental impacts as much as possible.  Mr Ruffell explained the importance of fishing as a family activity, and having a safe access point to Tasman Bay.  Together, they emphasised their wish to work with all parties to protect Delaware Bay. 

Mr Mirfin, Mr Phillips and Mr Ruffell answered questions about high-tide access and the potential effects of the proposed access-way on the ecological footprint of the estuary.

Attachments

1    A2320759 - Zane Mirfin, Markham Phillips and Peter Ruffell - Tabled document

2    A2308203 - Zane Mirfin, Markham Phillips and Peter Ruffell - Power Point presentation

David Sissons gave a Power Point presentation (A2306577).  He outlined the Waimea Inlet Action Plan and spoke about improvements in the ecology of the Waimea Inlet.  He noted there were still issues to be addressed, particularly regarding contaminants and sediment entering the inlet via the stormwater system.  He emphasised the importance of coastal planting and the continual support of projects promoting this, such as Nelson Nature.

Attachments

1    A2306577 - David Sissons, Waimea Inlet Coordination Group - Power Point presentation

Anaru Stephens, of Huria Matenga Trust, Ratapu Hippolite, of Ngāti Koata, and Kura Stafford, of Ngāti Tama, presented their public forum presentations regarding Delaware Bay access collectively.

Mr Stephens gave a Power Point presentation (A2308234).  He spoke about the history of Delaware Bay, including the location of ancient pa sites and urupā (burial grounds), and land sales in the area.  He noted that vehicle access onto Delaware Bay estuary had increased, including driving over urupā with consequential destruction and removal of taonga in the area, and this went beyond just launching or retrieving boats. 

Mr Stephens emphasised the importance of the estuary ecology, and the potential for damage to the estuarine environment by vehicles accessing the estuary, compacting sand, and damaging cockle beds and sea grass.  He added that Delaware Bay estuary could be an important research site to assist with the rehabilitation of other estuaries in Te Tauihu.  Mr Stephens answered questions regarding the interference with wāhi tapu, and damage from vehicles to the estuary.

Mr Hippolite, representing Ngāti Koata, spoke about the importance of maintaining kaitiaki oversight of the estuary.  He noted that, under the Nelson Resource Management Plan, resource consent was required for vehicle access onto the estuary, and he emphasised that Council should take enforcement action to prevent vehicle access.

Ms Stafford spoke on behalf of Ngāti Tama ki te Waipounamu Trust, deed holder of Delaware Bay estuary.  She gave a Power Point presentation (A2309850), and spoke about Te Ao Maori and Maori-world values.  She acknowledged the importance of applying the principles of kaitiakitanga over the entirety of the Delaware Bay environment, and the number of areas of cultural significance on and around the estuary.  She outlined the values of whenua tūpuna, wāhi tapu and the protection of Te Taiao, and suggested a rahui to restrict access of vehicles onto the estuary.

Ms Stafford, Mr Stephens and Mr Hippolite answered further questions regarding the proposed limited accessway and how that would impact on providing kaitiakitanga over the estuary, and the consideration of other options prior to moving to a resource consent process.

Attachments

1    A2308234 - Anaru Stephens, Huria Matenga Trust - Power Point presentation

2    A2309850 - Kura Stafford, Ngāti Tama - Power Point presentation

Document number R10245, agenda pages 9 - 30 refer.

Property and Facilities Asset Planner, Paul Harrington, presented the report.

Ru Collin, Chief Executive of the Brook Waimārama Sanctuary, gave a Power Point presentation (A2308227).  Mr Collin answered questions regarding pest incursions into the Sanctuary, the planned re-introduction of species programme, the reasons for cancelling the reintroduction of rowi at this time, the Sanctuary’s education programme, and its proposed entry fees and operating hours.

Attendance: Councillor Lawrey left the meeting from 11.57a.m. to 12.04p.m.

Resolved EC/2019/046

That the Environment Committee

1.        Receives the Report Brook Waimarama Sanctuary Trust annual update (R10245) and its attachment the Brook Waimarama Sanctuary Trust Annual Report 2018/19 (A2286565).

Noonan/Sanson                                                                            Carried

Attachments

1    A2308227 - Brook Waimarama Sanctuary Trust - Power Point presentation

The Chair presented her report and tabled further information about the Danish delegation visit (A2308567).  She answered questions regarding the possibility of establishing a southern hemisphere climatorium in Nelson.

Resolved EC/2019/047

That the Environment Committee

1.    Receives the report Chairperson's Report (R13601); and

2.    Appoints Elected Members to a liaison role as follows:

Fulton/Skinner                                                                              Carried

Attachments

1    A2308567 - Chairperson's Report - Tabled document

The Chair explained that the committee would likely need further information to enable an informed decision regarding vehicle access at Delaware Bay, and suggested that the item be left to lie on the table at this point.  She suggested wording for a motion directing this to occur.

Attendance:  Her Worship the Mayor and Councillor Rainey returned to the meeting at 12.57p.m., Councillor Bowater returned to the meeting at 12.58p.m, and Councillors McGurk and O’Neill-Stevens returned to the meeting at 1.00p.m.

Group Manager Strategy and Communications, Nicky McDonald, answered questions regarding the proposed wording of the motion, and confirmed there was no requirement that reports be received by the committee.

During discussion, the Committee emphasised that Council wished to engage with all parties on this matter.  It was noted that the proposed motion should not specify exactly how such engagement was undertaken, rather allow flexibility for Council to engage constructively and appropriately with iwi and other interested parties.

Attendance:  The meeting adjourned from 1.11p.m. to 1.13p.m.

Councillor Fulton, seconded by Councillor Edgar, moved:

That the Environment Committee:

1.      Directs officers to seek further information, including specialist legal advice as required, to assist decision making on the options to address matters relating to Delaware Bay Estuary as raised in report R10204, including potential issues under the Resource Management Act 1991, the Local Government Act 2002 and the Marine and Coastal Area (Takutai Moana) Act 2011; and

2.      Leaves the item Delaware Bay Estuary - Vehicle Access to lie until the Environment Committee meeting proposed to be held on 5 March 2020.

During debate, and with the agreement of the mover and seconder, the words “and as raised in the public forum” were added to clause one of the motion.

It was further noted that enforcement of the current Nelson Resource Management Plan in relation to vehicles accessing Delaware Bay estuary was not a matter for elected members to engage in, and it was for the Chief Executive to respond to this matter.

Resolved EC/2019/048

That the Environment Committee:

1.   Directs officers to seek further information, including specialist legal advice as required, to assist decision making on the options to address matters relating to Delaware Bay Estuary as raised in report R10204 and in the Public Forum, including potential issues under the Resource Management Act 1991, the Local Government Act 2002 and the Marine and Coastal Area (Takutai Moana) Act 2011; and

2.    Leaves the item Delaware Bay Estuary - Vehicle Access to lie until the Environment Committee meeting proposed to be held on 5 March 2020.

Fulton/Edgar                                                                                 Carried

Manager Environmental Planning, Matt Heale, presented the report, accompanied by Property and Facilities Asset Planner, Paul Harrington, Debra Bradley, consultant, Kerry Anderson, external legal adviser, and Brent Edwards, Environmental Inspections Limited.

They answered questions regarding the management of grazed reserves and the proposal that these become on-lead areas; the proposed establishment of a dog exercise park; and the wording of the Statement of Proposal relating to the consideration of all submissions.

Attendance:  Her Worship the Mayor declared an interest and left the meeting at 1.41pm.

Mr Heale answered further questions regarding the proposed removal of the Good Dog Owner Policy and the limit on dog numbers per property; education measures for all users of shared pathways; and the potential for protecting ecologically sensitive areas by making these on-lead areas.

Attendance:  Councillor Noonan left the meeting at 1.47p.m, and Councillor Lawrey left the meeting from 1.53p.m to 1.58p.m.

Attendance:  The meeting adjourned from 2.03p.m. to 3.04p.m, to accommodate the start of the Community Services Meeting.  During the adjournment, Ms Glenice Paine left the meeting and Councillor Noonan returned.

Councillor McGurk, seconded by Councillor O’Neill-Stevens, moved the recommendation in the officer report, with the inclusion of an additional clause:

10.   Notes that further work will be undertaken to consider whether additional ecological areas are considered and included with restricted dog access, with any necessary decisions and any consequential changes to relevant documents be delegated to the Chair and Deputy Chair of the Environment Committee.

Resolved EC/2019/049

That the Environment Committee

1.    Receives the report Review of the Dog Control Policy and Bylaw (R12538) and its attachments (A2298783, A2145324, A2145327, A2298620, A2145304, A2145310 and A2122940); and

2.    Determines that the Bylaw should continue, with amendments, and that the Policy is also amended to reflect those amendments; and

3.    Agrees that a Bylaw (and updated Policy) is the most appropriate way of addressing the perceived problems with the current Policy and Bylaw; and

4.    Agrees the proposed amendments to the Dog Control Bylaw 2013 (221) 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

5.    Agrees a summary of the Statement of Proposal Amendments to the Dog Control Policy and Dog Control Bylaw 2013 is necessary to enable public understanding of the proposal; and

6.    Adopts the Statement of Proposal (A2145304 of Report R12538) and the Summary of the Statement of Proposal (A2145310 of Report 9973); and

7.    Approves commencement of the Special Consultation Procedure, with the consultation period to run from 27 January to 28 February 2020; and

8.    Notes that a separate report will be prepared in 2020 to review fees and charges in light of Policy and Bylaw changes; and

9.    Approves the approach set out in the Communications Plan (A2298620 of Report R12538) and agrees:

(a)   the plan includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

(b) the plan will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation; and

10.   Notes that further work will be undertaken to consider whether additional ecological areas are considered and included with restricted dog access, with any necessary decisions and any consequential changes to relevant documents be delegated to the Chair and Deputy Chair of the Environment Committee.

McGurk/O'Neill-Stevens                                                                 Carried

Manager Environmental Planning, Matt Heale, presented the report.

Resolved EC/2019/050

That the Environment Committee

Receives the report Plan Change 27 Approval (R9694).

McGurk/Edgar                                                                               Carried

Recommendation to Council EC/2019/051

That the Council

Approves Plan Change 27 to become operative.

McGurk/Edgar                                                                               Carried

Environmental Programmes Adviser, Richard Frizzell, presented the report.  He answered questions regarding education tools for pests not included in the Pest Management Plan, ant control measures, and the management of marine pests.

Attendance:  Her Worship the Mayor returned to the meeting at 3.26p.m.

Resolved EC/2019/052

That the Environment Committee

1.    Receives the report Biosecurity Annual Review (R12562) and its attachments (A2288852 and A2262413); and

2.    Approves the Operational Plan for the Tasman-Nelson Regional Pest Management Plan 2019/20 (A2262413), specifically as it relates to Nelson City Council’s area.

Rainey/Bowater                                                                            Carried

Manager Environmental Planning, Matt Heale, Team Leader City Development, Lisa Gibellini, and Senior City Development Planner, Alastair Upton, presented the report.  Mr Upton answered questions regarding development proposals for high productivity land.

Resolved EC/2019/053

That the Environment Committee

1.    Receives the report Omnibus of Submissions to National Policy Statement and Environmental Standard Proposals (R12542) and its attachments (A2280520, A2275062, A2277745, A2270025); and

2.    Approves retrospectively the attached Nelson City Council submissions on the proposed National Policy Statement Urban Development (A2280520 and A2280523); the Freshwater Proposals (A2277745); and the New Zealand Biodiversity Strategy (A2270025).

Her Worship the Mayor/McGurk                                                     Carried

Manager Environmental Planning, Matt Heale, Manager Consents and Compliance, Mandy Bishop, Manager Science and Environment, Jo Martin, Manager Building, Patrick Schofield, and Team Leader City Development, Lisa Gibellini, presented the report. 

They answered questions regarding the proposal to establish a Governance Liaison Group for the Nelson Plan, Dog Control income and the provision of bags for dog waste, air quality, freedom camping enforcement, Building Unit Code Compliance issues, and the integration of climate change into city centre planning.

The meeting acknowledged Matt Heale’s input to and support of the committee during his time with Nelson City Council.

Attendance:  Her Worship the Mayor, and Councillors Noonan, Sanson and Courtney left the meeting at 4.05p.m.

Resolved EC/2019/054

The Environment Committee

1.    Receives the report Environmental Management Group - Quarterly Report - 1 July-30 September 2019 (R12534) and its attachments (A2281289, A2044411 and A2288730); and

2.    Approves the establishment of a Governance Liaison Group for the Nelson Plan to include the Deputy Chair of the Environment Committee; and

3.    Approves amending the indicative timeline for the Draft Nelson Plan to provide a Council briefing ahead of release of the Draft in December 2019 with community engagement to run from February to May 2020.

O'Neill-Stevens/Edgar                                                                   Carried