Nelson City Council Minutes - 12
December 2019
Present: Her
Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, 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)
and Governance Advisers (E Stephenson and E-J Ruthven)
Apologies : Nil
Opening
Karakia
There was an opening karakia,
followed by a moment of silence acknowledging those who had lost their lives
and those who were critically injured in the 9 December 2019 Whakaari eruption.
1. Apologies
There were no apologies.
2. Confirmation of
Order of Business
Her Worship the Mayor Reese
advised that the order of business would be adjusted in order to progress the
meeting efficiently.
3. Interests
There were no updates to the
Interests Register.
Councillor McGurk subsequently
declared an interest in an item on the Confidential Status Report –
Community Housing: Approval of Terms of Sale and left the meeting for the
verbal update on that matter.
Councillor Rainey subsequently declared
an interest in Item 2.3 – Nelson Centre of Musical Arts – External
Review of Business Model and Item 2.4.1 Nelson Cycle Lift Society –
Accountability Report on Community Outcomes Grant in the confidential section
of the meeting and left the meeting for consideration of those items.
4. Public Forum
4.1 Ludovic
Romany - 5G
Mr Romany talked about health and
safety with reference to 5G, including electromagnetism and cellular
inflammation. Mr Romany referred to a Natural Medicine journal and stressed the
need for a precautionary principle. He suggested a moratorium to protect people
until it was known that 5G was safe.
4.2 Dai Mitchell - 5G
Mr Mitchell asked for a show of
hands of Elected Members that knew anything about 5G a year ago. He reminded Council
about its duties regarding public land and its duty to ensure it had a safe
roading network. He felt that if it was agreed that 5G was harmful, it was
going to be a problem for Council. He spoke of case law as it applied to
unformed roads and the Queen’s highways, which included non-council land.
5. Confirmation of
Minutes
5.1 14
November 2019
Document number M6533, agenda
pages 11 - 22 refer.
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Resolved CL/2019/242
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That the Council
1. Confirms the minutes
of the meeting of the Council, held on 14 November 2019, as a true and
correct record.
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Bowater/Noonan Carried
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6. Recommendations from
Committees
6.1 Infrastructure Committee - 21
November 2019
6.1.1 Infrastructure
Quarterly Report to 30 September 2019
The recommendation from the 21
November 2019 Infrastructure Committee regarding additional funding for capital
projects that were included in the Infrastructure Committee Quarterly Report were
dealt with in a separate report on the agenda (Item 11 – Infrastructure
Capital Projects Supplementary Report: Additional Funding), which included full
decision-making considerations.
6.2 Environment Committee - 28
November 2019
6.2.1 Plan
Change 27 Approval
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Resolved CL/2019/243
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That the Council
1. Approves Plan Change 27 to become
operative.
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Noonan/Edgar Carried
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6.3 Community Services Committee -
28 November 2019
6.3.1 Library
security - request for unbudgeted expenditure
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Resolved CL/2019/244
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That the Council
1. Approves
unbudgeted expenditure of up to $33,000 for community safety services within
libraries.
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Lawrey/Bowater Carried
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7. Mayor's Report
Document number R13642, agenda
pages 23 - 23 refer.
A request for funding for the
Danish delegation’s visit in March 2020 was tabled (A2316262). Mayor
Reese answered questions regarding the visit. She encouraged Elected Members to
take up Equip and SOLGM development courses.
Mayor Reese spoke of
Council’s strategic priorities, which included the importance of modal
shift, the Maitai River Precinct, localism and housing in the context of
climate change risk and resilience and noted the upcoming Housing symposium on
25 February.
The resignation and service of
LGNZ Chief Executive, Malcolm Alexander was acknowledged.
Her Worship the Mayor thanked
the Chief Executive and staff for their work in 2019.
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Resolved CL/2019/245
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That
the Council
1. Receives
the report Mayor's Report (R13642); and
2. Approves
expenditure of up to $20,000 from the Climate Change Reserve towards the
project management of the visit from Denmark scheduled for March
2020.
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Her Worship the Mayor/Fulton Carried
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Attachments
1 A2316262 - Request for funding for the Danish March 2020
visit
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8. 5G in New Zealand
Document number R13676, agenda
pages 24 - 39 refer.
Group Manager Environmental
Management, Clare Barton, noted a spelling correction in paragraph 2.1 of the
agenda report, which should read Joe Rifici, not Rafici.
The addition of the Ministry of
Business, Innovation and Employment to clause 3. of the recommendation was
suggested.
A request was made to publish the
5G in Aotearoa New Zealand paper by the Office of the Prime Minister’s
Chief Science Advisor on Council’s website.
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Resolved CL/2019/246
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That
the Council
1. Receives
the report 5G in New Zealand (R13676)
and its attachment (A2311616); and
2. Agrees that the Group Manager
Environmental Management facilitates a public workshop as early as possible
in 2020 to provide an opportunity for information exchange on 5G matters; and
3. Agrees to send an invitation to the
Ministry for the Environment, the Office of the Prime Minister's Chief
Science Advisor and the Ministry of Business, Innovation and Employment
to attend and speak at the public workshop; and
4. Invites representatives of 5G Free
Nelson and interested parties to participate at the public workshop; and
5. Notes that going forward, all
public forum requests regarding 5G will be directed to the public workshop
rather than to Council meetings.
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Fulton/Rainey Carried
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9. Schedule of Meetings
2020
Document number R13650, agenda
pages 40 - 54 refer.
Manager Governance and Support
Services, Mary Birch, spoke to the report and answered questions regarding
scheduling of meetings and workshops.
The addition of the two
amendments to the schedule was discussed and agreed.
It was noted that there would be
further amendments to the schedule, including accommodating the Danish
delegation’s visit.
Attendance:
Councillor Noonan left the meeting at 12.15p.m.
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Resolved CL/2019/247
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That
the Council
1. Receives the report Schedule of
Meetings 2020 (R13650) and its attachment (A2308328)
2. Adopts
the schedule of meetings for the 2020 calendar year as set out in Attachment
1 (A2308328), with the following amendments:
· 25
February 2020 is freed up to allow attendance to the Local Government New
Zealand Housing Symposium
· the
proposed January 2020 workshops are rescheduled for February 2020.
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Edgar/Sanson Carried
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Attendance: Councillor Noonan returned to the meeting at 12.17p.m.
10. Parking and Vehicle Control
Bylaw changes to accommodate new parking technology
Document number R11510, agenda
pages 55 - 124 refer.
A document containing corrections
to the agenda report was tabled (A2315014), together with a tracked changes
copy of the Parking and Vehicle Control Bylaw (A2264843).
Manager Transport and Solid Waste, Marg Parfitt,
accompanied by Legal Adviser, Madeline Austin, spoke to the errors in the
consultation document, which were considered to be minor.
The meeting was adjourned at
12.23p.m. and reconvened at 1.00p.m. Councillors Rainey and Skinner were not
present.
Discussion on Item 10 - Parking
and Vehicle Control Bylaw changes to accommodate new parking technology, was
paused and the Community Action Nelson presentation was accorded precedence.
11. Community Action Nelson
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Mary Ellen O’Connor and
Kindra Douglas provided a PowerPoint presentation introducing Community
Action Nelson and on the issue of housing in Nelson (CAN) (A2313976) and
tabled supporting information (A2315179).
Attendance: Councillor Skinner returned to the meeting at
1.04p.m.
Discussion took place regarding
the presentation and what CAN would like to see Council doing in relation to
housing during the coming term.
Attendance: Councillor Rainey returned to the meeting at 1.14p.m.
CAN offered it’s assistance in the Perception stream
of the Intensification Action Plan (IAP) and suggested an interactive
opportunity in town where the IAP could be showcased.
Mayor Reese noted that Council had an absolute commitment
to housing and that she would continue engagement with CAN.
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Attachments
1 A2313976
Community Action Nelson Housing Issues PowerPoint
2 A2315179
Community Action Nelson tabled supporting document
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12 Parking and Vehicle
Control Bylaw changes to accommodate new parking technology (revisited)
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Ms Parfitt answered questions and, following discussion
regarding section 7 of the bylaw, it was noted that Ms Parfitt would look
into criteria and definition for reserved parking by permit.
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Resolved CL/2019/248
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That
the Council
1. Receives the report Parking and
Vehicle Control Bylaw changes to accommodate new parking technology (R11510)
and its attachments (A2304375 and A2283924) and;
2. Determines that the amendments do
not give rise to any implications under the New Zealand Bill of Rights Act
1990 and the amended Parking and Vehicle Control Bylaw is the most
appropriate form of Bylaw; and
3. Adopts the Parking and Vehicle
Control Bylaw as amended and appended to this report as Attachment 1
(A2304375); and
4. Determines that the Parking
and Vehicle Control Bylaw will come into operation on 1 July 2020.
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McGurk/O'Neill-Stevens Carried
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Attachments
1 A2315014 - Corrections to R11510 - Parking and Vehicle
Control Bylaw changes to accommodate new parking technology
2 A2264843 - Tracked Changed version of the Parking and
Vehicle Control Bylaw 2011
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13. Infrastructure Capital Projects
Supplementary Report: Additional Funding
Document number R13669, agenda
pages 125 - 132 refer.
Manager Capital Projects, Lois
Plum, Manager Utilities, David Light, and Manager Transport and Solid Waste,
Marg Parfitt, presented the report and answered questions on additional funds
being requested.
In response to a question, Ms
Parfitt explained the increased amount for funding for the Railway Reserve
Underpass, in clause 4. of the recommendation, was because when the matter was
considered by the Committee, the estimate was provisional and a significantly
increased estimate had now been received. Discussion took place on the reasons
for this.
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Resolved CL/2019/249
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That
the Council
1. Receives the report Infrastructure
Capital Projects Supplementary Report: Additional Funding (R13669); and
2. Approves additional funding of
$420,000 to progress the St Vincent Sewer renewal in 2019/20; and
3. Approves the additional funding of
$700,000 in 2019/20 and funding of $2,100,000 in 2020/21 (an additional $1.8M
over the Long Term Plan) to complete the Saxton Creek Upgrade between
Champion Road and Main Road Stoke; and
4. Approves the additional
funding of $244,000 in 2019/20 to complete the Railway Reserve underpass and
associated civil approach works, noting that the culvert underpass has been
ordered and that officers are to still make application for NZTA subsidy.
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McGurk/O'Neill-Stevens Carried
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14. Exclusion
of the Public
Emma Moran, of DLA Piper, was in
attendance for Item 5 of the Confidential agenda to answer questions and,
accordingly, the following resolution was required to be passed:
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Resolved CL/2019/250
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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, Legal Adviser, DLA Piper,
remain after the public has been excluded, for Item 5 of the Public Excluded
agenda (Greenmeadows Centre – Way Forward), as she has knowledge
relating to this issue that will assist the meeting.
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Her Worship the Mayor/Edgar Carried
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Resolved CL/2019/251
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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:
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Her Worship the Mayor/Edgar Carried
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Item
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General subject of each matter to be
considered
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Reason for passing this resolution in
relation to each matter
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Particular interests protected (where
applicable)
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1
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Council Meeting - Public Excluded Minutes - 14
November 2019
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Section 48(1)(a)
The public conduct of this matter would be likely to
result in disclosure of information for which good reason exists under
section 7.
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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
· Section
7(2)(i)
To enable the
local authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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2
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Recommendations from Committees
Infrastructure Committee
21 Nov 2019
Recycling – the Way Forward
Regional
Transport Committee 2Dec 2019
Public
Transport: Move to a Gross contract
Governance
and Finance Committee 5 Dec 2019
Nelson Centre of
Musical Arts – External Review of Business Model
Sports and Recreation Committee 10 Dec 2019
Nelson Cycle Lift Society – Accountability
Report on Community Outcomes Grant
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Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
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The withholding of the information is necessary:
· Section 7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
· Section
7(2)(b)(ii) To protect information where the making available of the
information would be likely unreasonably to prejudice the commercial position
of the person who supplied or who is the subject of the information
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3
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Council Status Report - Confidential
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Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
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The withholding of the information is necessary:
· Section 7(2)(g)
To maintain legal
professional privilege
· Section
7(2)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
· Section
7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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4
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Workplace Improvement Accommodation Options: Next
Steps
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Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
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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
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5
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Greenmeadows Centre - Way Forward
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Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
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The withholding of the information is necessary:
· Section 7(2)(g)
To maintain legal
professional privilege
· Section
7(2)(h)
To enable the local
authority to carry out, without prejudice or disadvantage, commercial
activities
· Section
7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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6
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Appointment of General Manager Nelson Regional
Sewerage Business Unit and Nelson Tasman Regional Landfill Business Unit
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Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
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The withholding of the information is necessary:
· Section 7(2)(a)
To protect the privacy of
natural persons, including that of a deceased person
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7
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Purchase of land for Nelson Regional Sewerage
Business Unit purposes
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Section 48(1)(a)
The public conduct of this
matter would be likely to result in disclosure of information for which good
reason exists under section 7
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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
· Section
7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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The meeting went into public excluded session at 2.18p.m.
and resumed in public session at 5.06p.m.
2.3 Governance and Finance
Committee - 5 December 2019
2.3.1 Nelson
Centre of Musical Arts - External Review of Business Model
This matter was discussed in the confidential
section of the meeting. Recommendation 6 was dealt with in the confidential
section of the meeting and the remaining recommendations 1,2,3,4,5 and 7,
below, were considered in open meeting.
Her Worship the
Mayor noted that it was appropriate that the meeting had received officer
advice and discussed negotiations in confidential session and made the below
decisions in open meeting.
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Resolved CL/2019/252
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That the Council
1. Approves Council taking on the
Nelson Centre of Musical Arts’ additional debt of $148,551 in order to
reduce the cost of debt financing for the Nelson Centre of Musical Arts; and
2. Agrees that the additional loan of
$148,551 will be interest free to Nelson Centre of Musical Arts in line with
the existing loan of $680,000; and
3. Requires the Nelson Centre of
Musical Arts to repay the amalgamated loan of $828,551, including the
existing loan to Council of $680,000; and
4. Agrees to increase the mortgage
over the building to $828,551; and
5. Sets the loan repayment terms for
Nelson Centre of Musical Arts at $33,000 per year repayable by 31 March 2045,
payable quarterly commencing in March 2020, with repayment terms subject to
review every five years; and
7. Agrees to provide an additional
operational grant of $40,000 in unbudgeted expenditure to Nelson Centre of
Musical Arts to cover a budget shortfall in the second half of 2019/20,
noting this will bring total operational funding for Nelson Centre of Musical
Arts in 2019/20 to $225,000; and
8.
Notes that officers will include the total operational funding (CPI
adjusted) for future years in the Draft Annual Plan 2020/21 and the Draft
Long Term Plan 2021 – 2031.
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Sanson/Edgar Carried
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Attendance: Councillor McGurk
left the meeting at 5.15p.m.
Prior to closing the meeting, Her
Worship the Mayor advised that she would write a letter of support on behalf of
the Council for the Gondola (Nelson Cycle Lift) proposal, as it would be a
recreational asset for the city and for tourism. She clarified that any
commitment for funding would go through the draft Annual Plan process and would
require public consultation.
Closing
Karakia
There was a closing karakia.
Restatements
It was resolved while the public was
excluded:
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2.1
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PUBLIC EXCLUDED: Recycling - The Way Forward
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That the Council
1. Approves the continuation of
recycling in Nelson with reduced commodities (as detailed in Report R10530)
with additional funding of $385,000 per
annum being sourced for the 2020/21 year from the Solid Waste Reserve
account, noting that the additional cost cannot be covered by the Local
Disposal Levy of $2.4M that will be received from the Nelson Tasman Regional
Landfill Business Unit that year; and
2. Notes that during the change in
recycling regime from 1 July 2020, with respect to plastics 3 to 7,
contamination rates could increase until Nelsonians settle into the new
regime and approves the extra cost of up to $10,000 being funded from the
Solid Waste Reserve account; and
3. Notes that if a viable market for
plastics 5 is found that Council will continue to collect them; and
4. Approves Council accepting:
i) A shared 50/50 risk
profile for all commodities (except fibre) resulting from an increase or
decrease in commodity prices; and
ii) A lower threshold for fibre
of -$20/tonne and an upper threshold of $100/tonne for a 50/50 shared risk
profile; and
noting
that any savings or additional costs achieved through this arrangement will
be credited/charged to the Solid Waste Reserve Account; and
5. Notes that funding of recycling
will have to be reviewed during the 2021/31 Long Term Plan preparation
process; and
6. Agrees
that the decisions be made publicly available; and
7. Agrees
that Report R10350 remain confidential at this time and notes that Attachments A2288261 and A2288267 are publicly
available.
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2.4
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PUBLIC EXCLUDED: Nelson Cycle Lift Society -
Accountability Report on Community Grant Outcomes
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That the Council
1. Agrees that the Nelson Cycle Lift
Society has met its requirements to provide a completed business case and
annual accounts in order to satisfy the requirements of the Community Grant;
and
2. Agrees that the decision only be
made publicly available; and
3. Agrees
that Report (R13630) and Attachments (A2240890, A2294055, A2294056 and
A2294053) remain confidential at this time.
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3
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PUBLIC EXCLUDED: Greenmeadows Centre - Way Forward
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That the Council
5. Agrees
that this decision, report and its contents, including any negotiated
financial settlement, remain confidential on the basis that disclosure would
prejudice Council's negotiating position.
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4
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PUBLIC EXCLUDED: Appointment of General Manager Nelson
Regional Sewerage Business Unit and Nelson Tasman Regional Landfill Business
Unit
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That the Council
3. Approves
that the decisions only be made publicly available once the appointment has
been finalised.
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5
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PUBLIC EXCLUDED: Purchase of land for Nelson Regional
Sewerage Business Unit purposes
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That the Council
5. Approves
that the decision be made publicly available once the land has been
purchased.
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There being no further business the meeting ended at 5.16p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 6: Mayor's Report
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Council
13 February 2020
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REPORT R13766
Mayor's
Report
1. Purpose
of Report
1.1 To
update Council on current and key strategic matters that have arisen.
1.2 To
provide for an update to the delegations to the Tenders Committee.
2. Summary
2.1 Council
adopted the Delegations Register on 14 November 2019, this included adopting
the Delegations, Terms of Reference and Memoranda of Understanding for
Committees and Business Units which are single purpose committees established
by Nelson City Council and Tasman District Council.
2.2 A
minor amendment to the Tenders Committee delegation has been requested.
3. Recommendation
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That the Council
1. Receives the report Mayor's Report
(R13766) and its attachments (A2335353); and
2. Updates the Delegations Register to
reflect the amended Tenders Subcommittee Delegations (A2335353).
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4. Background
4.1 Council
resolved the following at its meeting on 14 November 2019:
Resolved CL/2019/234
Adopts the Delegations Register (A1183061) with
amendments as tabled (A2299527, A1437349, A1739267 and A2288940); and
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;
4.2 Following
the first Tenders Subcommittee meeting the Chief Executive requested that the
reporting procedure noted in the Delegation Register be amended.
5. Discussion
Mayor’s Discretionary Fund
5.1 The Mayor covered the cost of $1,692.50 from her
Mayoral Discretionary Fund for subscription membership for NCC to the New
Zealand Green Building Council (NZGBC) until June 2020.
5.1.1 Membership provides the Council with access to a group
of progressive businesses from all aspects of the building and property
industry, with an aim to accelerate the development and adoption of
market-based green building practices. Active participation in the NZGBC
can lead to business relationships and new opportunities. The NZGBC was
established in July 2005 and in 2006 became a member of the World Green
Building Council (WorldGBC). The WorldGBC is an international not-for-profit
organisation that aims to move the global property industry and built
environment towards sustainability, with Green Building Councils being
established in various countries around the world. NZGBC is also a member
of the Construction Industry Council.
5.2 The Mayor donated $500.00 to the Nelson Youth Theatre
Company from the Mayoral Discretionary Fund. Nelson Youth Theatre Company
performed at Nelson’s Christmas Celebration lunch for senior citizens
hosted by the Mayor and also stepped in as waiting staff to help serve lunch to
the guests.
5.3 The Mayor donated $150.00 to a fund set up to purchase
an e-bike for Sean Thomas. Sean is unwell and Peter Myers, who is a
friend of Sean’s, has reached out to his friends and organisations in the
community with whom Sean has had a lot of contact with over the years asking
for contributions. Sean is well known to many people in Nelson through
his community work and has been a great friend and help to the Council.
Tenders Subcommittee
5.4 The Delegations Register states that the decisions
made by the Tenders Subcommittee should be reported to the next meeting of the
relevant Committee. It has been noted that the Quarterly report would be the
appropriate mechanism to provide this reporting. It is recommended that the
wording of the procedure be amended to reflect this. A copy of the
Tenders Subcommittee delegation showing the proposed amendment is attached
(A2335353).
Directors
Appointment Policy
5.5 Some ambiguity exists in in the way our Policy for
Appointment of Directors/Trustees of Council Controlled Organisations and
Council Controlled Trading Organisations has been interpreted over time. When
the Policy was first adopted it did not seek to bar elected members from
applying to a recruitment process and having the opportunity to be selected on
merit.
5.6 I have requested that officers provide a brief report
to a future meeting to add this clarification to the policy.
Author: Rachel
Reese, Mayor of Nelson
Attachments
Attachment 1: A2335353
Updated Tenders Subcommittee Delegations ⇩
Item 7: Nelson Tasman
Climate Charter
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Council
13 February 2020
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REPORT R13757
Nelson
Tasman Climate Charter
1. Purpose
of Report
1.1 To
approve signing of the Nelson Tasman Climate Charter on behalf of Council.
2. Summary
2.1 Nelson
City Council has allocated funding in the Annual Plan 2019/20 to support the
establishment of a Climate Forum. A Charter (A2332108) will be available
for individuals and groups (including councils) to sign at the launch of the
Climate Change Forum on 29 February 2020. Draft Operating Procedures were
prepared by a Working Group and are attached for information. These will be
considered by the Forum for approval at its first meeting.
3. Recommendation
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That the Council
1. Receives the report Nelson Tasman
Climate Charter and its attachment (A2332108); and
2. Authorises Her Worship the Mayor to
sign the Nelson Tasman Climate Charter on behalf of Nelson City Council; and
3. Agrees that having signed the
Nelson Tasman Climate Charter, Council will participate in the Nelson Tasman
Climate Change Forum.
4. Appoints the Her Worship the Mayor,
the Chairperson of the Environment Committee and Council’s Climate
Change Champion as the Nelson City Council representatives on the Nelson
Tasman Climate Change Forum.
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4. Background
4.1 At
its Annual Plan 2019/20 deliberations meeting on 4 June 2019 Council passed the
following resolution:
Resolved
CL/2019/089
Approves a
total of $254,500 for climate change initiatives from general rates, comprised
of: establishment of a climate forum and climate taskforce ($30,000);
appointment of a new “Climate Champion” ($124,500) and to fund the
$100,000 specified in the Annual Plan 2019/20 consultation document
4.2 A
Working Group has been set up by members of the community to establish the
Climate Forum. It includes representatives from a range of sectors including
business, agriculture, community, environmental groups and others. The
group is working on connecting with iwi, and staff from both councils have
attended meetings as observers.
4.3 The
membership of the Forum is intended to be widely inclusive, with no one
organisation owning direction. The kaupapa is one of collaborative
decision-making directed by the need for urgent action to reduce greenhouse gas
emissions and manage climate impacts. The Forum will not be a legal entity and
has no delegated authority to make decisions on behalf of its members.
4.4 The
Forum will be launched on 29 February at a high profile event with the
Honourable James Shaw, Climate Change Minister, as the keynote speaker.
Invitations and a copy of the Charter have been distributed and 150 acceptances
have been received so far.
4.5 At
the inaugural meeting of the Forum, participants will be invited to show their
commitment to the goals of the Forum by signing the Charter.
5. Discussion
5.1 This
report requests approval for the Mayor to sign the Charter on behalf of
Council. This issue would normally have been a matter for the Environment
Committee, however its next meeting is after the inaugural meeting of the
Forum.
5.2 Mayors
of both Nelson and Tasman, together with staff from both councils and community
members have reviewed the content of the Charter and draft Terms of Reference
and are comfortable with the content of these documents. It is recognised that
this is a rapidly developing area with many unknowns, and there may be times
where Council direction and the intentions of the Forum may not be in complete alignment.
However the Forum is intended to have a wide membership from across the
community so it is to be expected that it will accommodate a range of
approaches as long as members are committed to action.
5.3 The
Forum Working Group sought the Mayor’s advice on whether the Climate
Forum should be a Nelson only entity or a combined Nelson-Tasman entity. It was
agreed that having the Climate Forum operate across the two districts was
preferable, as it better reflects the realities with respect to community
collaboration and responses to likely impacts and opportunities. This is
reflected in the Charter wording, which emphasises collective, sustained and
collaborative action. Responding with urgency, and developing innovative
approaches are also key aspects of the Forum.
5.4 Council
representation and attendance on the Forum would be undertaken by the Mayor,
the Chair of Environment Committee and the Climate Change Champion. Council
will need to comply with the usual decision making requirements of the Local Government
Act in considering whether to act on any decisions or recommendations of the
Forum. The Charter explicitly acknowledges that members will participate in the
Forum in accordance with relevant legislation and that the Forum’s
decisions do not bind members to any specific action, including funding.
5.5 For
the Forum to be successful, support and engagement by a broad range of parties
across the region is critical. Council signalling leadership and support by
endorsing the Charter will be a vital part of the Forum’s success.
Membership is also in line with the strong support for accelerated action on
climate change expressed by large numbers of submitters to the most recent
Annual Plan consultation.
5.6 It
is likely that significant Council and community action will be required as a
result of the Climate Change Response (Zero Carbon) Amendment Bill being
enacted. Supporting the Forum is expected to have a positive role to play in
seeing Council and the community respond to the new legislation.
5.7 Tasman
District Council has not indicated any financial support for the Forum but
staff have attended Working Group meetings as observers.
5.8 Marlborough
District Council was invited to join the Working Group and be part of
establishing a Te Tauihu Climate Forum but, while supportive, has chosen not to
participate at this stage.
6. Funding
6.1 Council
has allocated $30,000 for the establishment of a Climate Forum and a Climate
Taskforce. The Climate Forum is an independent community initiative supported
by Council funding which, at this stage, is primarily expected to cover the
costs of an independent facilitator for the Working Group, the costs of
organising the Summit and meeting related costs. No grant has yet been made as
the Working Group is not a legal entity and so has been negotiating with a
third party to receive and distribute the grant on its behalf.
6.2 The
Forum Working Group has made a request to Nelson City Council for further
funding to support ongoing facilitation and development of a regional climate
change strategy. Consideration of this funding request will be the subject of
discussions through Annual Plan 2020/21 workshops. In considering any ongoing
funding for the Forum, the Council will need to ensure that its funding support
is wholly or principally for the benefit of the Nelson district (Local
Government Act 2002 section 12(2)). The Working Group is aware that it will
need to find additional sources of financial support to cover activity for the
broader region.
7. Climate
Impact
7.1 Climate
impact is a key driver in this recommendation. Signing the Nelson Tasman
Climate Charter has significant meaning in terms of Council leadership, as well
as in supporting whole-community action through the reduction of greenhouse gas
emissions and adaptation to the impacts expected from climate change. The
work of the Forum should also contribute to community understanding of the
actions required for adaptation to climate change.
8. Options
8.1 The
options are to decide to sign, or not to sign, the Nelson Tasman Climate
Charter at the inaugural meeting of the Nelson Tasman Climate Forum.
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Option 1: Approve the signing
of the Nelson Tasman Climate Charter - Recommended
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Advantages
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· Consistent
with Council’s Declaration of a Climate Emergency
· Signals
support for community collaboration on climate change
· Supports
the Nelson Tasman Climate Forum as an authoritative voice for change
· Provides
a mechanism for integrating Council and community action
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Risks and Disadvantages
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· Risk of
direction being advocated by Forum diverging from Council direction
· Public
perception that Council should support all Forum activities, including with
funding
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Option 2: Do not approve the
signing of the Nelson Tasman Climate Charter
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Advantages
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· Reduces
risk of pressure on Council to undertake actions not consistent with Council
direction
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Risks and Disadvantages
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· Public
perception that Council does not support community collaboration to act on
climate change
· Conflict
with action stated by Council to establish the Forum
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9. Conclusion
9.1 Collaboration
will be key to a successful response to the climate emergency, therefore
officers recommend that the Nelson Tasman Climate Charter be signed by Council.
Author: Chris
Cameron, Climate Change Champion
Attachments
Attachment 1: A2332108 Nelson
Tasman Climate Forum - Charter and draft Operating Procedures - 21Jan2020 ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
This recommendation supports the future environmental,
social and economic wellbeing of Nelson by encouraging community
collaboration to tackle the impacts of climate change. The recommendation
also supports the development of a consistent regional approach to taking
urgent action on reducing greenhouse gas emissions.
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2. Consistency
with Community Outcomes and Council Policy
The recommendation supports many of the community
outcomes but in particular
· Our
communities are healthy, safe, inclusive and resilient
· Our unique
natural environment is healthy and protected
· Our region
is supported by an innovative and sustainable economy
Our Council provides leadership and fosters
partnerships, a regional perspective and community engagement
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3. Risk
There is a
risk that Council will be seen as the sole source of any ongoing funding
required by the Climate Forum. There is reputational risk if there is
divergence between Council and the Forum, given how dynamic this area
is. There is a risk that the Forum will struggle to provide sufficient
common ground between those in the wider community wanting strong and
immediate action and those seeking a more moderate response. These risks are
considered low to medium.
The reputational risk to Council from not signing
the Nelson Tasman Climate Charter is assessed as medium to high, given that
through a resolution Council approved funding for the establishment of a
Climate Forum, and has declared a Climate Emergency.
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4. Financial
impact
There is no immediate financial impact of this
decision beyond the financial support already being provided. The Climate
Forum is, however, requesting further funding be included in the Annual Plan
2020/21.
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5. Degree
of significance and level of engagement
This matter is of low significance given the Climate
Charter acknowledges that the Forum has no delegated authority to make
decisions that bind its members and therefore no engagement with the wider
community is planned. Membership is in line with the strong support for
accelerated action on climate change expressed by large numbers of submitters
to the most recent Annual Plan consultation.
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6. Climate
Impact
This decision may significantly improve
Council’s ability to provide leadership and support whole-community
action to respond to the impacts expected from climate change.
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7. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report. The Forum Working Group has engaged with a range of
potential participants across the Māori community, and partnership with Māori
is a fundamental component of the work to be undertaken by the Climate Forum.
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8. Delegations
The Environment Committee has the
following delegations.
5.4
Areas of Responsibility:
· Climate change resilience overview (adaptation and
mitigation)
5.6.2
Delegations:
The
committee has all of the responsibilities, powers, functions and duties of
Council in relation to governance matters within its areas of responsibility,
except where they have been retained by Council, or have been referred to
other committees, subcommittees or subordinate decision-making bodies.
However, because the first meeting of the Environment
Committee in 2020 is after the Climate Summit when the Charter is to be
signed, this matter will be considered by Council, in accordance with the
Delegations Register, as below:
5.2.2
On the recommendation of the Chief Executive, and with the agreement of the
Chair of the relevant committee, subcommittee or subordinate decision-making
body and Mayor, matters within the area of responsibility of a particular
committee, subcommittee or subordinate decision-making body may be considered
directly by Council instead. If this occurs, the Chair of the relevant
committee, subcommittee or subordinate decision-making body will report to
the following meeting of the committee, subcommittee or subordinate
decision-making body regarding the reason for doing so, and the outcome of
the matter at the Council meeting.
Both the Mayor, and the Chair of the Environment Committee
have agreed with this approach being taken in the case of this report.
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Nelson City Council
