Agenda of Council - 23 April 2020

N-logotype-black-wide Nelson City Council

23 April 2020

Page No.

Karakia Timatanga

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 New Life Ministries Incorporated - a request for an exemption to the Development Contribution Levies

5. Confirmation of Minutes

5.1 12 March 2020 9 - 15

Document number M7766

Recommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 12 March 2020, as a true and correct record.

5.2 Extraordinary Meeting - 24 March 2020 16 - 19

Document number M7797

Recommendation

That the Council

1. Confirms the minutes of the extraordinary meeting of the Council, held on 24 March 2020, as a true and correct record.

5.3 Extraordinary Meeting - 9 April 2020 20 - 28

Document number M8806

Recommendation

That the Council

1. Confirms the minutes of the extraordinary meeting of the Council, held on 9 April 2020, as a true and correct record.

6. Recommendations from Committees

6.1 Community Services Committee - 12 March 2020

6.1.1 Update on Council-owned earthquake-prone buildings

Recommendation to Council

That the Council

1. Approves total unbudgeted operating expenditure of up to $60,500 for the closure of the Stoke Memorial Hall, former Stoke Seniors Hall and the Refinery in 2019/20.

6.2 Hearings Panel - Other - 18 March 2020

6.2.1 Findlay Place Easements - Deliberations Report

Recommendation to Council

That the Council

1. Consents to right of way, right to drain wastewater and right to drain water easements over the Local Purpose Reserve (Road) (Lot 17 DP 486996) in favour of Lot 2 DP 366503 under section 48(1) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

7. Mayor's Report 29-31

That the Council

1. Receives the report (R15894); and

2. Approves the purchase of an e-bike for $9,000 (ex GST), to be funded from the Climate Reserve Fund, to be loaned to Community Compost for their food waste collection initiative.

8. New Life Ministries Incorporated - Development Contributions 32 - 109

Document number R13741

Recommendation

That the Council

1. Receives the report New Life Ministries Incorporated - Development Contributions (R13741) and its attachments (A2356963, A1964099, A2356964); and

2. Declines the request from New Life Ministries Incorporated to waiver the development contributions on BC190313; and

3. Directs officers to review the listed exemptions in the DC Policy during the 2021 review in relation to state integrated schools.

9. Effects of setting the 2020/21 rates increase to zero

This report will be distributed via a supplementary agenda.

10. City Centre Programme : COVID19 Opps

This report will be distributed via a supplementary agenda.

11. Nelson City Council Water Restrictions (urban/rural) 110 - 132

Document number R13608

Recommendation

That the Council

1. Receives the report Nelson City Council Water Restrictions (urban/rural) (R13608) and its attachments (A2324759, A2147325, A2083366 and A2267192); and

2. Approves the Maitai Reservoir Level Plan with proposed seasonal restriction stages (A2324759); and

3. Approves the Proposed Nelson City Water Restriction Stage Descriptions (A2267192).

12. Governance Statement 2019 - 2022 133 - 197

Document number R14824

Recommendation

That the Council

1. Receives the report Governance Statement 2019 - 2022 (R14824) and its attachments (A1708727) and (A2356871); and

2. Adopts the Nelson City Council Governance Statement 2019 - 2022; and

3. Delegates to the Chief Executive the authority to approve any minor amendments to the Governance Statement 2019 – 2022 to keep the document up to date during this triennium.

13. Amendments to Delegations Register and Standing Orders 198 - 212

Document number R15894

Recommendation

That the Council

1. Receives the report Amendments to Delegations Register and Standing Orders (R15894) and its attachments (A2356552, A2356632 and A2371254); and

2. Approves the proposed amendments to the Delegations Register as set out in attachment one (A2356552) and attachment two (A2356632); and

3. Approves the proposed amendment to Standing Orders as set out in attachment three (A2371254).

CONFIDENTIAL Business

14. Exclusion of the Public

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	Extraordinary Council Meeting - Public Excluded Minutes - 24 March 2020	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)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Extraordinary Council Meeting - Public Excluded Minutes - 24 March 2020

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)

Karakia Whakamutunga

Nelson City Council Minutes - 12 March 2020

Minutes of a meeting of the Nelson City Council

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

On Thursday 12 March 2020, commencing at 9.02a.m.

Present: Deputy Mayor J Edgar (Chairperson), Councillors T Brand, M Courtney, 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 Adviser (E-J Ruthven)

Apologies: Her Worship the Mayor and Councillor Bowater

Karakia Timatanga

Councillors gave a karakia timatanga.

Councillor Edgar noted the upcoming anniversary of the 15 March Christchurch Mosque shootings and emphasised the importance of unity in responding to hatred and prejudice.

1. Apologies

Resolved CL/2020/010

That the Council

1. Receives and accepts the apologies from Her Worship the Mayor and Councillor Bowater.

Noonan/Courtney Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 13 February 2020

Document number M6686

Resolved CL/2020/011

That the Council

1. Confirms the minutes of the meeting of the Council, held on 13 February 2020, as a true and correct record.

Fulton/Sanson Carried

5.2 Extraordinary Meeting – 5 March 2020

Document number M7738

Resolved CL/2020/012

That the Council

1. Confirms the minutes of the extraordinary meeting of the Council, held on 5 March 2020, as a true and correct record.

Sanson/Fulton Carried

6. Mayor's Report

Document number R15875, agenda pages 15 - 16 refer.

Councillor Edgar presented the Mayor’s Report on behalf of Her Worship the Mayor. She noted that, given the Covid-19 situation, all overseas travel was being reconsidered, and Council was awaiting further information from the Department of Internal Affairs regarding whether the delegation to Tasmania would go ahead at this time.

Councillor Edgar noted the visit to Nelson on 10 March 2020 of Hon Phil Twyford, Minister of Economic Development, and Hon Damian O’Connor, Minister of Agriculture, to meet with key industry and business representatives in the region, along with the Nelson and Tasman Mayors, to understand the impact of Covid-19 on the region.

Resolved CL/2020/013

That the Council

1. Receives the report Mayor's Report (R15875).

O'Neill-Stevens/Rainey Carried

7. Adoption of the Consultation Document and supporting information for the 2020/21 Annual Plan

Document number R14842, agenda pages 17 - 117 refer.

Group Manager Strategy and Communications, Nicky McDonald, Group Manager Corporate Services, Nikki Harrison, and Manager Strategy, Mark Tregurtha, presented the report.

Mr Tregurtha tabled an updated consultation document with changes from the document included in the agenda (A2358301), a formatted consultation document (A2358304) and feedback form (A2358863). He explained the changes in the tabled consultation document.

Councillors considered the consultation document section by section.

Mr Tregurtha, Ms McDonald and Ms Harrison answered questions regarding:

· The order of sections at the front of the consultation document

· Housing intensification, use of sustainable building materials and greening of urban spaces

· Placing a climate lens across the Consultation Document

· The budget for dismantling the Mediterranean Food Warehouse and how this may affect the budget for the Elma Turner Library redevelopment

· The reasons for reduced capital spend in the three waters and flood protection areas

· Loan-funding the final stages of the Nelson Plan development

· Funding of the Marina hardstand project through the closed Marina account

Ms Harrison noted further that the reference on page 35 of the tabled Consultation Document to “Nelson Plan costs of $2 million” should be corrected to state “Nelson Plan costs of $1.22 million”. She added that the correct figures were included on page 31 of the tabled Consultation Document.

Councillors suggested further amendments to the consultation document be considered, as follows:

· Moving the table ‘Visualising Our Direction for the 2020/21 Annual Plan’ to follow the page ‘Iwi and Council partnership’

· Changing the final sentence under Community Housing/Housing Reserve to “The Reserve would allow Council to work with and support partners who have the ability to deliver social and affordable housing solutions for the community”

· In the Maitai River Precinct section, including ‘imagination playground’ in inverted commas

· Including clarification of the amounts from the Climate Change Reserve Fund that have been spent in the current financial year, as well as amounts identified for 2020/2021

· Referencing Council’s review of its Procurement Policy when discussing the Living Wage

· Including a sentence at the bottom of the first paragraph under the Koata Park heading to note “It also has potential to attract significant government and other external funding”

Attendance: The meeting adjourned from 10.22a.m. to 10.41a.m.

Ms Harrison, Ms McDonald and Mr Tregurtha answered further questions regarding:

· The commercial differential, and the average commercial rates rise as against the average residential rates rise

· The increase in stormwater and flood protection charges as against the proposed capital works programme in the Consultation Document

Councillors made additional suggestions for amendments to the Consultation Document:

· Including a side-bar in the climate change section regarding Council’s tree planting programme, noting that tree planting is an effective strategy for combating climate change

· Altering the sentence starting the fourth paragraph under the Housing - Intensification and Affordability section to state This work includes increasing housing supply within existing neighbourhoods which are suitable for residential intensification, in a sustainable way”

· Clarifying the proposed average rates rise is across residential and commercial ratepayers, and including an indication of average rates rises for commercial and residential ratepayers

· Clarifying that Elma Turner Library redevelopment figures are likely to change once costs for dismantling the Mediterranean Food Warehouse building are clarified

Ms Harrison noted a further correction to the climate change line in the Financial Reserves Estimates table, that the ‘withdrawals’ should be $182,500, and the ‘Balance June 2021’ should be $197,500.

Councillor Sanson, seconded by Councillor McGurk, moved the recommendation in the officer report, with the addition of the words “as tabled and amended at the meeting of 12 March 2020” in clause three of the recommendation.

Attendance: The meeting adjourned from 11.22a.m. to 11.27a.m.

Councillors debated the motion.

Resolved CL/2020/014
	*That the Council* *1. Receives the report Adoption of the Consultation Document and supporting information for the 2020/21 Annual Plan (R14842) and its attachments (A2355273 and* *A2355138); and* 2. Adopts the supporting information described in paragraph 5.1 of this report (A2355138); and 3. Adopts the Consultation Document, as tabled and amended at the meeting of 12 March 2020, for the Annual Plan 2020/21 *(A2355273); and*** 4. Agrees that the Mayor, Deputy Mayor and Chief Executive be delegated to approve any minor amendments required to the supporting information or the Consultation Document prior to the start of the consultation period; and 5. Approves the consultation approach (set out in paragraphs 5.2 and 5.3 of this report (R14842)) and agrees that the approach meets the requirements of section 82 of the Local Government Act 2002.
Sanson/McGurk Carried
Attachments 1 A2358301 - Tabled document - Annual Plan Consultation Document, with changes 2 A2358304 - Tabled document - formatted Annual Plan Consultation Document 3 A2358863 - Tabled document - Annual Plan Consultation Document feedback form

8. Exclusion of the Public

Resolved CL/2020/015

That the Council

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

Skinner/Noonan Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Public Excluded Minutes - 13 February 2020	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 · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Public Excluded Minutes - 13 February 2020

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

· Section 7(2)(i)

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

The meeting went into confidential session at 11.49a.m. and resumed in public session at 11.51a.m.

The only business transacted in confidential session was to confirm the minutes of 13 February 2020. In accordance with the Local Government Official Information and Meetings Act 1987, no reason for withholding this decision from the public exists, therefore this decision has been recorded in the open minutes.

9. Confirmation of Confidential Minutes - 13 February 2020

Resolved CL/2020/016

That the Council

1. Confirms the minutes of part of the meeting of the Council, held with the public excluded on 13 February 2020, as a true and correct record.

Skinner/Courtney Carried

10. Re-admittance of the Public

Resolved CL/2020/017

That the Council

1. Re-admits the public to the meeting.

Noonan/Brand Carried

Karakia Whakamutunga

Councillors gave a karakia whakamutunga.

There being no further business the meeting ended at 11.52a.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Nelson City Council Minutes - 24 March 2020

Minutes of an extraordinary meeting of the Nelson City Council

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

On Tuesday 24 March 2020, commencing at 1.00pm

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

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Corporate Services (N Harrison), and Team Leader Governance (R Byrne), via audio-visual link: Group Manager Strategy and Communications (N McDonald)

Apologies : Nil

Opening Prayer

Her Worship the Mayor Reese gave the opening prayer, and councillors sang a waiata.

1. Apologies

Apologies were not taken at this time, to allow councillors joining the meeting via audio-visual link and opportunity to connect to the meeting.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

Councillor McGurk declared an interest in Item 1 on the Confidential Agenda, Community Housing: Revised Negotiating Brief, and left the meeting when the item was discussed.

4. Public Forum

There was no public forum.

5. Mayor's Report

Her Worship the Mayor spoke on the Prime-Minister’s announcement of a COVID-19 Alert Level 4 lockdown in operation from midnight on Wednesday 25 March 2020. She noted that while the community had experience in dealing with emergencies the current situation was very different and would require everyone to stay at home and look out for their neighbours. She encouraged employers to make contact with support services the Government was providing.

Her Worship the Mayor noted that while the Draft Annual Plan was currently open for consultation, when Council came to adopt this it would need to look at different tools to ensure Council operations continue to operate.

Attendance: The meeting adjourned from 1.18p.m. until 1.38p.m.

6. Emergency Provisions for COVID-19

Document number R15935

Manager Governance and Support Services, Mary Birch, presented the report and answered questions on the Chief Executive’s decision on urgency, appointments to the Emergency Committee and the duration of the appointment.

Ms Birch provided an amendment to the recommendation to allow for the resolution to be revoked at any time, noting it was expected to remain in place for the duration of Alert Level 3 and 4.

Resolved CL/2020/018

That the Council

1. Receives the report Emergency Provisions for COVID-19 (R15935) and its attachments Emergency Committee Terms of Reference (A2363612) and Proposed Amendments to Standing Orders (A2335387); and

2. Establishes an Emergency Committee, with a membership of three being, in the first instance, the Mayor, Deputy Mayor and the relevant Committee Chair whose area of responsibility the matter of urgency falls under; and

3. Provides that where a member of the Emergency Committee is unable to fulfil their duties for whatever reason, another Standing Committee Chair will be appointed by the Chief Executive to undertake the role of Emergency Committee member; and

4. Adopts the Emergency Committee’s Terms of Reference (A2363612) and

5. Delegates to the Emergency Committee all Council’s powers, duties, and responsibilities, except for those that cannot legally be delegated; and

6. Agrees that such delegation shall take effect if the Chief Executive determines that:

a. An urgent decision to enable the proper performance of Council functions is required by Council or a Committee or a Subcommittee; and

b. In the circumstances it is not possible or it is impracticable to convene a meeting or obtain a quorum for the Council, Committee or Subcommittee due to the COVID-19 pandemic, and

7. Agrees that any decision made pursuant to this delegation will be binding on Council;

8. Agrees that decisions made pursuant to this delegation will be circulated to all Councillors and the public as soon as possible and be reported at the earliest possible Council meeting; and

9. Notes that the Council may revoke this delegation at any time but it is anticipated that it will remain in force while Alert Level 3 or 4 applies; and

10. Approves the proposed amendments to Standing Orders as set out in Attachment 2 (A2335387).

Noonan/Rainey Carried

7. Exclusion of the Public

Resolved CL/2020/019

That the Council

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

Edgar/Her Worship the Mayor Carried

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: Revised Negotiating Brief	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)

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: Revised Negotiating Brief

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)

· 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)

The meeting went into public excluded session at 2.04p.m. during which time Councillor Courtney joined the meeting at 2.12pm. The meeting resumed in public session at 3.44p.m.

There being no further business the meeting ended at 3.44p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 7: Mayor’s Report

Minutes of an extraordinary meeting of the Nelson City Council

Audio-Visual (Zoom) meeting on Thursday 9 April 2020, commencing at 9.00a.m.

Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, J Edgar (Deputy Mayor), 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), Acting Group Manager Community Services (M Preston-Thomas), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)

Apologies : Nil

Karakia Timatanga

The karakia timatanga (opening prayer) was given by Whaea Jane de Feu.

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5 Mayor's Report

Her Worship the Mayor presented her report (A2370921), which she tabled.
Resolved CL/2020/021
	*That the Council* 1. Receives the Mayor’s Report.
Courtney/Edgar Carried
Attachments 1 Mayor's Report - 9 April 2020 Extraordinary Council meeting

6. Update on the impact of COVID-19 and Council's response

Document number R16944, agenda pages 7 - 30 refer.

Her Worship the Mayor acknowledged Chief Executive, Pat Dougherty’s leadership and the response from the organisation during the COVID-19 emergency. The Chief Executive acknowledged Council’s IT team, the CDEM Group Controller (Group Manager Community Services) Roger Ball and Acting Group Manager Community Services, Mark Preston-Thomas. He answered questions regarding the effect on staff levels and recruitment and acknowledged the positive staff response when discussing the subject of a pay freeze in the next financial year.

Group Manager Corporate Services, Nikki Harrison and Group Manager Strategy and Communications, Nicky McDonald presented the report.

The motion was taken in parts and all decisions were carried unanimously.

6.1 Update on the impact of COVID-19 and Council's response - Receipt of Report

Resolved CL/2020/022

That the Council

1. Receives the report Update on the impact of COVID-19 and Council's response (R16944).

Her Worship the Mayor/McGurk Carried

6.2 Update on the impact of COVID-19 and Council's response - Rates Penalties

Ms Harrison and Ms McDonald answered questions regarding, social capital, criteria, the rates remission policy and payment plans.
Resolved CL/2020/023
	*That the Council* 2. Notes that officers will remit rates penalties on the 2019/20 fourth rates instalment under the Rates Remission Policy using ‘compassionate grounds’ or where an agreed repayment programme is in place.
Sanson/Edgar Carried

6.3 Update on the impact of COVID-19 and Council's response - Annual Plan

Ms Harrison answered questions regarding the effect on future rates levels. Discussion took place on the rating increase scenario to be reported back to the next Council meeting and the uncertainty in these extraordinary circumstances. It was noted the Long Term Plan process would be the time to review service levels and that community input would be required. This was not business as usual, it was about Council’s response to supporting the community in this emergency. Following discussion regarding the level of staff resources required to report on multiple scenarios, a further report on a zero percentage rating scenario was agreed and the recommendation was amended accordingly.
Resolved CL/2020/024
	*That the Council* *3. Notes that officers will report back to the next Council meeting, on a rating scenario of 0% for 2020/21; and;* *4. Agrees that the consultation period for the 2020/21 Annual Plan be extended to 6 May 2020, to enable the public to provide feedback on an appropriate rates rise.*
Edgar/Noonan Carried

The meeting was adjourned from 10.37a.m until 10.51a.m.

There was further discussion regarding rates and it was agreed that a new Rates Remissions Policy be developed and reported back to Council.

6.4 Update on the impact of COVID-19 and Council's response - Inner City Parking

Group Manager Infrastructure, Alec Louverdis, answered questions regarding inner city parking and the Parking and Vehicle Control Bylaw.
Resolved CL/2020/025
	*That the Council* *5. Approves the suspension of charges for parking in the Central Business District until the end of June 2020; and* 6. Notes that steps may be required under the new Parking and Vehicle Control Bylaw, that comes into effect on 1 July 2020, to address the likely delay in installation of the new parking machines due to the COVID-19 shutdown
McGurk/Courtney Carried

6.5 Update on the impact of COVID-19 and Council's response - Lease and Licence Income

Ms Harrison answered questions regarding lease and licence income and payment plans. She confirmed that private tenants should have conversations with their landlords. Clause 8. of the recommendation was amended to clarify that this decision related only to Council tenants.
Resolved CL/2020/026
	*That the Council* *7. Notes the decision by the Chief Executive to grant a three month waiver starting 1 April 2020 of:* *a. Rental and outgoings for tourism and hospitality tenants/licensees holding Council leases and licences; and* *b. Rental for community tenants holding leases and licences; and* *8. Notes that the Chief Executive will consider any requests from other Council tenants/licence holders, including taking into account financial hardship.*
Her Worship the Mayor/Rainey Carried

6.6 Update on the impact of COVID-19 and Council's response - Events Funding

Acting Group Manager Community Services, Mark Preston-Thomas answered questions regarding events funding and future events.
Resolved CL/2020/027
	*That the Council* *9. Agrees that officers will discuss timing of the Fringe Festival with the organisers; and* *10. Notes that the Light Nelson Festival will be considered as part of the Annual Plan deliberations; and* *11. Notes that the 2020 Nelson Arts Festival is cancelled; and* *12. Agrees to invite a proposal from the Arts Festival Trust to replace the cancelled Arts Festival with local events involving regional partners; and* *13. Notes that the April 2020 Heritage Festival has been cancelled; and* *14. Notes that the Annual Plan deliberations report will include recommendations for the Events Fund and Venue Hire Fund; and* *15. Notes that Council-delivered events will be reviewed and adjusted as necessary during the COVID-19 recovery period.*
O'Neill-Stevens/Bowater Carried

6.7 Update on the impact of COVID-19 and Council's response - Support for Community Organisations

The Chief Executive answered questions regarding the proposed amount of funding. He noted that this was crisis funding to help keep community groups going, but that Council did not have enough money to help everyone and groups would need to apply for any available government funding. It was agreed that funding criteria be reported to the next Council meeting and the recommendation was amended accordingly.
Resolved CL/2020/028
	*That the Council* *16. Approves an Emergency Fund of $200,000 to support community organisations impacted by COVID-19; and* 17. Delegates the setting of criteria and distribution of funds to support community organisations from the Emergency Fund to the Mayor, Deputy Mayor and the Chair of the Community Services Committee, with the criteria to be reported to the next Council meeting; and *18. Notes that the criteria for granting funds from the Emergency Fund will include that the organisation has applied for any applicable Central Government support, for example wage subsidies.*
Sanson/Noonan Carried

6.8 Update on the impact of COVID-19 and Council's response - Community Investment Fund

A correction was made to change 2021/22 to 2020/21 in the recommendations. Mr Mark Preston-Thomas answered questions regarding the risk of over subscription for the fund.
Resolved CL/2020/029
	*That the Council* *19. Agrees to remove the $5000 cap on Community Investment Fund applications in 2020/21; and* *20. Agrees to modify the criteria for Community Investment Fund applications in 2020/21 to prioritise projects that reduce the impact of the COVID-19 emergency on vulnerable communities; and* 21. Notes that existing allocation processes utilising the independent panel will be used to make Community Investment Fund allocations.
Edgar/Rainey Carried

As an addendum to the Mayor’s Report, Her Worship the Mayor advised the meeting that she had written to the Chair of the Remuneration Authority to say that her view was that it was appropriate to freeze Elected Members’ remuneration as she believed that it was important to show leadership on this issue. She noted that she had received an appreciative response advising that her suggestion would be taken into consideration.

6.9 Vote of Thanks

Resolved CL/2020/030

That the Council

1. Acknowledges the work of the Nelson Regional Development Agency, the Chamber of Commerce and the Ministry of Business, Innovation and Employment, in relation to the support, assurity and knowledge they have provided.

Her Worship the Mayor/Edgar Carried

7. Exclusion of the Public

Resolved CL/2020/031

That the Council

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

Her Worship the Mayor/McGurk Carried

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	Confidential Update on COVID-19 and its impact on Council contracts	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(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)

Confidential Update on COVID-19 and its impact on Council contracts

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(b)(ii)

To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

· Section 7(2)(h)

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

The meeting went into confidential session at 12.29p.m. and resumed in public session at 2.07p.m.

Karakia Whakamutunga

The karakia whakamutunga (closing prayer) was given by Whaea Jane de Feu.

Restatements

It was resolved while the public was excluded:

PUBLIC EXCLUDED: Confidential Update on COVID-19 and its impact on Council contracts

That the Council

1. Receives the report Confidential Update on COVID-19 and its impact on Council contracts, leases and licences (R16952); and

2. Agrees that the report Confidential Update on COVID-19 and its impact on Council contracts, leases and licences (R16952) remain confidential at this time.

The only other business transacted in confidential session was to readmit the public. In accordance with the Local Government Official Information Meetings Act, no reason for withholding this information from the public exists therefore this business has been recorded in the open minutes.

8. Re-admittance of the Public

Resolved CL/2020/033

That the Council

1. Re-admits the public to the meeting.

Bowater/Rainey Carried

There being no further business the meeting ended at 2.17p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Council

23 April 2020

REPORT R16963

Mayor’s Report

1. Purpose of Report

1.1 To update Council on current matters.

Do not delete this line

2. Recommendation

That the Council

3. Receives the report (R15894); and

4. Approves the purchase of an e-bike for $9,000 (ex GST), to be funded from the Climate Reserve Fund, to be loaned to Community Compost for their food waste collection initiative.

Do not delete this line

2. Discussion

COVID-19

2.1 On Monday this week Prime Minister Jacinda Ardern announced that the COVID-19 Level 4 Lockdown would end at 11.59pm on Monday April 27. Level 3 restrictions will be in place for the following two weeks before Cabinet makes further decisions on May 11. Some things change in Level 3 but a lot remains the same. Over the last month New Zealanders have learned to live life in a new way. Bubbles, physical distancing, essential trips, and working from home are the new normal. But so are wage subsidies, salary cuts, job losses, business failure and financial hardship. Psychosocial impacts are significant and we know that vulnerable populations will be most affected. The impact of COVID-19 on our society is profound and will continue well beyond the removal of level restrictions.

2.2 Projecting the short to medium term impact on Nelson is challenging as we work through the decisions that we need to make as a Council to support our community. As a region with a high degree of non-essential service industries (48%) we can anticipate that a greater proportion of households and businesses may face financial hardship. COVID-19 is presenting a very different economic situation to the Global Financial Crisis in 2007, or the share market crashes of 1987. Knowing the situation is uncertain and different means having a recovery plan becomes critical, innovation and thinking beyond business as usual are essential, and working together as a community will mean more than ever – he waka eke noa, we are all in this together.

2.3 Finally, kindness, compassion and consideration of others are the values and behaviours that have been an essential part of surviving Lockdown. Those values and behaviours will need to continue during Level 3 and 2 for us to be successful, and wouldn’t it be outstanding if they thrived as a new and better way of living in a post COVID-19 society?

Draft Annual Plan 2020/21

2.4 Today’s meeting agenda includes a report that offers a scenario on how a zero rates increase for 2020/21 can be delivered. You should view this as a working model under development of what a recovery plan might look like. The ruler will be run over all costs to find savings. We want to be spending money where it will make a difference by investing in our community. I want to emphasise that the objective is not austerity. To quote Shamubeel Eaqub from his excellent EDNZ webinar last week, ‘Austerity in a crisis is bad – it will make your citizens poor.’ We will need to accelerate capital spend to support our community.

2.5 As background reading I encourage councillors to read the Local Government COVID-19 Response Unit’s Initial Analysis on the financial implications for the Local Government Sector. https://www.dia.govt.nz/diawebsite.nsf/Files/local-government-response-unit/$file/local-government-sector-COVID-19-financial-implications-report-1-initial-analysis.pdf

‘Shovel Ready’ Infrastructure Projects

2.6 Nelson and Tasman have submitted a package of shovel ready projects to Crown Infrastructure Partners. The process to identify and submit projects was managed through the recently established Project Kōkiri. A collaboration between Nelson City Council, Tasman District Council, Nelson Tasman Chamber of Commerce and the Nelson Regional Development Agency. The purpose of Project Kōkiri is to provide clarity and action on the region’s economic restart and recovery plan. A summary document on projects is being compiled and will be tabled at the meeting.

E-bike Purchase for CBD Food Waste Collection

2.1 At the 13 February 2020 Council meeting I indicated my support, following an approach from Community Compost, to purchase a Council owned e-bike and trailer for them to collect food waste in the CBD.

2.2 This promotes diversion from landfill and composting of food waste and is an excellent way to show how small actions can materially reduce emissions, encouraging everyone to engage and take action.

2.3 The cost for this equipment is $9,000 (ex GST), funded from the Climate Reserve Fund. Officers will finalise an agreement to loan the bike to Community Compost who aim to have this initiative up and running by April 2020.

Donations

2.4 I approved the payment of $405.72 from the Mayoral Discretionary Fund to cover the cost of printing the Climate Forum Programme for the launch of the Nelson Tasman Climate Forum, held on 29 February 2020.

Item 8: New Life Ministries Incorporated - Development Contributions

Council

23 April 2020

REPORT R13741

New Life Ministries Incorporated - Development Contributions

1. Purpose of Report

1.1 To decide whether the New Life Ministries Incorporated (NLMI) should be granted a waiver for development contributions (DCs). The DCs relate to additional classroom and toilet facilities approved under Building Consent 190313 for the Nelson Christian Academy (NCA).

1.2 NLMI owns the land upon which the NCA runs a state integrated school. NLMI, the proprietor, is the building consent applicant. NLMI is a registered charitable trust. The governance of the NCA is undertaken by a school board of trustees which is a Crown entity. NCA is not the applicant for the building consent and accordingly it is NLMI that has been invoiced for DCs in relation to the building consent that they applied for and have had granted.

2. Recommendation

That the Council

1. Receives the report New Life Ministries Incorporated - Development Contributions (R13741) and its attachments (A2356963, A1964099, A2356964); and

2. Declines the request from New Life Ministries Incorporated to waiver the development contributions on BC190313; and

3. Directs officers to review the listed exemptions in the DC Policy during the 2021 review in relation to state integrated schools.

3. Background

3.1 The Local Government Act 2002 (LGA) enables Council to recover from development a “fair, equitable, and proportionate portion of the capital cost necessary to service growth over the long term”. The key legislative principles of development contributions (DCs) are:

· Causality: where development effect requires increased capacity or new asset.

· Proportionality: DC proportionate to asset life; i.e. no over-recovery.

· Benefit allocation: Costs allocated to all those who benefit from the assets.

· Transparency: Council must provide information about what and how DCs are used.

· Targeted: $ are spent in the area and/or activity they were collected for.

· Efficiency: consider practicality and administrative efficiency.

3.2 The 2015 Development Contributions Policy contained a number of listed exemptions. Some of these are exemptions required by relevant legislation under the Local Government Act 2002 or other Acts of Parliament. The remainder of the listed exemptions were either rolled over from previous policies or included as a result of Council making a decision on submissions on the proposed 2015 policy.

3.3 In reviewing the 2015 Policy during a workshop Councillors expressed concern that some of the exemptions listed were for private for profit businesses. Councillors also received policy advice that any exemptions over and above those included in the LGA or other Government legislation, can actually start to undermine the Policy. The policy advice also highlighted that as the purpose of DCs is to fund growth and care is required in viewing DCs as a tool to encourage some activities over others.

3.4 This led to an evaluation of all exemptions listed and in particular questions were raised about the continued inclusion of exemptions h to k below which are not required by the LGA or other Government legislation.

(h) Developments undertaken by NMIT

(i) Kindergartens and playcentres

(j) Childcare and day care centres

(k) Integrated schools

3.5 At that same time the DC Working Group also considered whether Hospices should be listed as an exemption. The concerns raised were that the policy needed to be fair and consistent, that it was difficult to justify under the principles of DCs (that developments that increase the demand on the network should pay a fair, equitable, and proportionate portion of the capital cost necessary to service growth) and why there should be these exemptions.

3.6 All these activities are necessary to support the Nelson community, however DCs are about Council’s funding mechanism to support infrastructure investment required as a result of growth. If DC’s are not collected based on the principles set out under the LGA 2002, then the shortfall in funding will need to be met by rates. Council had to consider whether this was fair and equitable, and whether this creates inconsistencies in the application of the Policy.

3.7 In the case of state integrated schools, the discussion noted that schools that were entities of the Crown were exempt by legislation. School boards of trustees are classed as entities of the Crown. In the case of integrated schools the land is not usually owned by the Government or the school’s board of trustees, and it is generally the land owner that applies for the building or resource consent triggering a DC, not the school board of trustees. This is the case with NLMI, the landowner applied for the building consent.

3.8 The 2018 Development Contributions Policy removed exemptions h to k above in section 3.4, which included Integrated Schools from the listed exemptions in the Development Contributions Policy 2015. While the DC Policy was subject to public consultation as part of Council’s Long Term Plan (LTP) process, those affected by the removal of exemptions h to k were not specifically consulted. Exemptions will be considered again under the DC Policy review as part of the LTP process in 2021.

3.9 Council has in the past considered whether the Nelson Tasman Hospice should be given a waiver of DCs of $141,681.77 for its new hospice development. Officers have had a request from St Joseph’s School for a DC waiver of $10,434,94 for their two new classrooms. Both parties were declined a waiver of DCs, the decisions being based on the principles of the purpose of development contributions – that those that benefit from new growth and development pay the costs associated with servicing it. If a waiver had been granted to those parties, this would mean that others would be paying for their development, because in the end, the additional infrastructure network and capacity required has to be paid for by someone. Such a decision would be contrary to the principles of DCs outlined in section 3.1 of this report.

3.10 The Nelson Tasman Hospice subsequently made a submission to the Long Term Plan to request a grant towards the development, which was approved by Council.

4. Discussion

4.1 In May 2019 the NLMI (the charitable trust that owns the land on which NCA operates a state integrated school) applied for a building consent to create a new classroom block including toilet amenities, and to renovate an existing unused building. This attracted a DC of $21,8175.25 which was invoiced on 16 July 2019 but has not been paid.

4.2 The NCA sent in a letter to apply for an exemption on the 25 July 2019 to Council via the Alpha One Building Consent system. The letter was not allocated to officers from that system and it wasn’t until October 2019 when NLMI followed up with officers as to a response that the letter was then sent direct to officers via email. The letter therefore was not received by the General Manager Environmental Management until 23 October 2019. A copy of the letter is included in Attachment 1. The application for an exemption was considered against the policy and declined. The Policy states in section 4.3.6 that:

“The Council’s general policy is that there are no other exemptions (other than those listed). Council will only consider any other application for exemption from payment of a development contribution at its absolute discretion and in exceptional circumstances.”

4.3 The Policy (a copy of which is provided in Attachment 2) then goes on to set out how applications can be made which include needing to be prior to an invoice being issued. The decision to decline is delegated to the Group Manager Environmental Management and the Policy states that a decision to decline will not be subject to further review or reconsideration within the Council. Only if the Council officer recommends the application be granted, is it required to be reported to Council for a resolution to grant.

4.4 NCA was advised of the decision to decline on 5 November 2019. The reasons for the decision were advised as:

The policy states each application can be assessed on its own merits, in making a decision about exemptions Council shall have regard to (i) whether the development is part of a not for profit entity, (ii) any unique contributions that the development makes towards the Nelson City Community Outcomes and (iii) consistency with the general application of the 2018 Policy.

In this case the applicant hasn’t demonstrated that either of matters (i) to (iii) are applicable although they state that they are a non-profit organisation. The Policy also requires that they apply for an exemption prior to an invoice being issued, which they have not done. The change in Councils policy in 2018 specifically removed the exemption provided for State Integrated Schools and Council considered this carefully at the time. Council has recently declined to provide an exemption to St Joseph’s school for their latest classroom extension.

4.5 The Group Manager Environmental Management was not aware of the charitable trust status at the time of the request. NLMI, the owner of the land upon which NCA operates, has since provided officers with documentation that it is a registered charity and has provided an assessment of how it considers its development contributes towards the Nelson City Community Outcomes (refer Attachment 3). There are however no exceptional circumstances that would lead officers to change the original decision to decline. The fact that NLMI is a registered charity is not exceptional in itself, and does not change officers original decision to decline given the policy and key legislative principles require that those who cause and benefit from Councils investment in growth assets should pay a fair and equitable portion.

4.6 The DC Policy does not provide for officers to approve waivers or exemptions, officers are only delegated authority to decline applications. Once an application is declined the Policy states that it “will not be subject to further review or reconsideration within the Council”.

4.7 As discussed in section 4.5, Officers do not consider there are any exceptional circumstances despite the charitable trust status and have not reported any recommendation to Council previously because that would be incorrect process and inconsistent with the Policy. Rather, in this instance, NLMI has requested that Council consider this matter, and officers have prepared this report to assist Council in considering the request.

4.8 If a decision were made to waive the payment of development contributions in this case, section 80 of the Local Government Act 2002 would potentially be engaged. This is because such a decision would potentially amount to a decision of a local authority that is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy adopted by the local authority. When s 80 is engaged, the local authority must, when making the decision, clearly identify:

(a) The decision to waive DC’s would be inconsistent with the policy as outlined above; and

(b) Council would need to identify the specific reasons why it decides to grant the waiver notwithstanding the inconsistency; and

(c) There would be no intention to amend the policy to accommodate the decision at this time, although as identified above the DC Policy will be reviewed as part of the 2021 LTP process.

5. Options

5.1 There are two options for Council to consider:

(i) Decline the request for a waiver of the DC for NCA; or

(ii) Approve the request for a waiver of the DC for NCA.

5.2 The risks, disadvantages and advantages of each of these options is outlined below.

Option 1: Decline the request to waive DCs
Advantages	· The cost of growth related infrastructure is funded by the developments that create the demand. · Reduced financial burden on ratepayers and/or other developers. · Consistency with the Development Contributions Policy and the key legislative principles of development contributions (listed in section 3.1). · Statutorily robust with no risk of appeal because the LGA only provides for objections to be heard by DC Commissioners where a policy has been incorrectly applied. The DC Policy has been correctly applied.
Risks and Disadvantages	· The NCA considers that it is not financially able to afford the development contributions.
Option 2: Approve the request to waive DCs
Advantages	· Financially supports one state integrated school.
Risks and Disadvantages	· The cost of growth related infrastructure is paid for by others (ratepayers) who have not created the demand. · May set a precedent for future applications for escalating objections to Council which the policy is designed to avoid. · Is inconsistent with the Policy and the key legislative principles of development contributions (as described in section 3.1). · Creates a fairness and equity issue with other parties who have paid development contributions (e.g. another state integrated school and the Hospice). · Creates a risk of legal challenge, for example by parties whose applications for exemptions have been or in the future are declined (in accordance with the Council Policy).

5.3 Officers recommend Option 1 Decline the request to waive DCs. If the Council is of a mind to approve the request, alternative wording for a potential resolution has been provided below to ensure that the legal complexities of making a decision that potentially engages section 80 of the Local Government Act are acknowledged.

Approves a waiver of development contributions for New Life Ministries Incorporated on BC190313 and identifies the matters in relation to such a decision in accordance with section 80 of the Local Government Act, including:

(a) The decision to waive the development contribution would be inconsistent with the NCC Development Contributions Policy 2018; and

(b) Specific reasons ………………………… are identified as to why the Council has decided to grant the waiver notwithstanding the inconsistency with the Policy; and

(c) That there is no intention to amend the Policy to accommodate the decision at this time, however the Policy will be reviewed as part of the 2021 LTP process.

5.4 The NLMI, in its submission to Council, also seeks a change to the Development Contributions Policy 2018 to include state integrated schools as listed exemptions. Officers recommend that this is considered as part of the next review of the Policy in 2021.

6. Conclusion

6.1 Officers have considered the request against the provisions of the Development Contributions Policy 2018 and the key legislative principles of development contributions in the Local Government Act and consider that the request should be declined. This would be consistent with both the Policy and the legislative principles. It would also be consistent with recent decisions on exemptions under Council’s Policy. Both the Policy and the LGA provide for Council to recover a fair, equitable, and proportionate portion of the capital cost necessary to service growth from those that create it.

Author: Lisa Gibellini, Team Leader City Development

Attachments

Attachment 1: A2356963 NLMI Request for DC Exemption 25 July 2019 ⇩

Attachment 2: A1964099 Development Contributions Policy 2018 ⇩

Attachment 3: A2356964 NLMI Submission Public Forum ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The recommended decision is consistent with the purpose of Local Government in that it retains the means to fund growth related infrastructure requirements in a manner that meets the key legislative principles of the LGA, is consistent with the DC Policy 2018, is consistent with recent decisions on exemptions under Council’s policy and enables Council to recover a fair, equitable, and proportionate portion of the capital cost necessary to service growth from those that create it.

2. Consistency with Community Outcomes and Council Policy

Option 1 as recommended is consistent with the Policy on Development Contributions 2018.

3. Risk

There is a risk associated with the decision is if Option 2 to approve the waiver is selected including a risk of legal challenge by other parties (based on inconsistency and unfairness in application of its DC Policy) and an increase in applications for waivers and reductions.

4. Financial impact

There are no financial implications for Option 1. If Option 2 is selected then Council will be under-collecting DCs and the costs of this will be borne by ratepayers. There is also a risk that a precedent is set for further objections to be heard by Council which has resourcing and capacity implications.

5. Degree of significance and level of engagement

This matter is of low significance because the recommended Option 1 does not have any financial impact or change Council policy and therefore no wider engagement has been undertaken.

6. Climate Impact

There are no impacts or risk from or to climate change as a result of a decision on this matter.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The relevant extract from the delegations register is in section 5.1.1 as follows:

Council retains all responsibilities, powers, functions and duties in relation to governance matters for the following items:

• Development Contributions and Financial Contributions

Item 11: Nelson City Council Water Restrictions (urban/rural)

Council

23 April 2020

REPORT R13608

Nelson City Council Water Restrictions (urban/rural)

1. Purpose of Report

1.1 To adopt water restriction protocols for Nelson City Council (NCC) that will guide the implementation of staged restrictions to water use or abstraction for all activities in the urban and rural areas.

2. Summary

2.1 Water supplies for the Nelson area predominantly come from the Nelson City Council (NCC) reticulated supply or via private schemes where water is abstracted from streams and rivers.

2.2 In order to responsibly manage these supplies in the event of drought or other supply constraints, NCC must adopt protocols that will support the imposition of water use restrictions across all activities in the city.

2.3 The resource consent for the operation of the NCC Water Supply has set ‘bottom line’ water restriction trigger points based on the water level in the Maitai Dam. These levels represent the latest that restrictions can be imposed to establish effective demand management to protect the water source.

2.4 Restrictions on the water separately abstracted from streams, rivers and bores or wells are established by NCC’s Nelson Resource Management Plan and individual resource consents.

2.5 Given the time delay between imposing water restrictions and the response by customers it is appropriate for NCC to establish trigger levels at earlier stages for the urban supply and for clarity consolidate the urban and rural protocols into one document.

2.6 Tasman District Council (TDC) also supplies water to properties within the NCC area. TDC have recently adopted a comprehensive set of water restriction protocols that NCC are expected to apply to the residential area served by TDC. TDC have agreed that these protocols could be modified where appropriate and used by NCC for our network supply. These now form the basis for the proposed urban restrictions.

3. Recommendation

That the Council

1. Receives the report Nelson City Council Water Restrictions (urban/rural) (R13608) and its attachments (A2324759, A2147325, A2083366 and A2267192); and

2. Approves the Maitai Reservoir Level Plan with proposed seasonal restriction stages (A2324759); and

3. Approves the Proposed Nelson City Water Restriction Stage Descriptions (A2267192).

4. Background

4.1 Council owns and operates the largest of the reticulated water supply networks in the city. Approximately 20,000 properties are connected to the supply and approximately 30,000m³ of water is supplied to the city on peak summer days. The raw water is sourced from the Maitai and Roding Rivers.

4.2 TDC acts as a bulk water supplier to NCC for the residential/school areas adjacent Champion Road and Hill Street North. NCC is responsible for the operation of the NCC portion of the network and customer billing. The NCC water supply bylaw operates in this area and NCC are required to apply appropriate water restrictions to match TDC urban restrictions when these are in place.

4.3 TDC also supplies water directly to the Raewards complex, Alliance freezing works, Wakatu Industrial Estate and the ENZA complex in Nayland Road. Water restrictions are imposed on this area by TDC.

4.4 There are also a number of privately owned and operated rural supplies that draw their raw water from streams, rivers, bores or wells across the city. These vary in size from single to multiple property supplies and restrictions for these takes are set through resource consents or permitted activity standards. Restrictions are triggered by river flow levels set out in the Nelson Resource Management Plan (NRMP).

4.5 When river levels fall, NCC seeks to maintain a reasonable supply of water to the city while meeting the environmental needs of the source streams or rivers. In order to do this restrictions on water takes are necessary.

5. Discussion

5.1 The water behind the Maitai Dam has been exceptionally important for the city water supply and most years has either removed the need for restrictions or delayed the introduction of restrictions to areas supplied by the NCC network. Notwithstanding this, water restrictions are often imposed on the urban and rural areas in summer.

5.2 With effective demand management through restrictions and education the volume of water in the Maitai Dam will provide the city with water security for droughts of 1 in 60 year severity out to approximately 2060.

Water Restrictions in NCC and TDC

5.3 A condition of the new water supply resource consents (Maitai and Roding) is the requirement to implement a range of water restrictions based on the water level in the Maitai Dam. The point where these restrictions start is equivalent to the 65% storage level in the dam.

5.4 During the drought experienced across the region in 2019 Council officers monitored the city water demand and the impact on the dam water level. This identified that while initial restriction stages raise community awareness they do not deliver large reductions in demand.

5.5 To overcome this it is appropriate to introduce water restrictions earlier than required by the resource consent. In the short term the proposed new restriction trigger levels are not expected to alter the return periods where restrictions are imposed.

5.6 The proposed restriction trigger points have also been modified to respond to the seasonal nature of rainfall in Nelson. In essence the closer we get to autumn and winter the more likely it is that rain will fall. This allows NCC the flexibility to draw down the Maitai dam further in these times before restrictions are imposed (see Attachments 1 and 2).

5.7 Attachment 3 sets out when restrictions have been imposed on the city urban supply since 1999.

5.8 Current stage 1 and 2 restrictions (sprinklers only on alternate days and a sprinkler ban respectively) are not uncommon, occurring approximately every 2-5 years. Stage three restrictions (sprinkler ban and hose controls) are rarer occurring approximately every 10-12 years. There are no recorded instances of more stringent restrictions than stage three over the past 20 years.

5.9 In 2019 TDC adopted a comprehensive set of water restriction protocols that were developed to respond to issues raised during the 2018-2019 drought. These protocols describe in some detail what each restriction stage means for residential, business and community activities. In order to better align the NCC and TDC water restrictions TDC have given permission for NCC to adjust the document for NCC conditions and use as required.

5.10 The proposed protocols (see Attachment 4) provide Council and all customers with a document that sets out which activities are subject to restrictions, what the nature of the restrictions are and when they will apply.

5.11 By way of some general examples, residential lawns can be watered until stage 2, public golf club greens until stage 5, premier sports event fields until stage 5, amenity plantings (including under verandah baskets) until stage 4 (trees protected in the NRMP can be watered until stage 5).

5.12 Council will retain an ongoing involvement in setting the level of reduction in water usage required for business activities under the various restriction stages. This proposal reflects the diverse nature of business activities in the city and the importance of the local economy to the region. Some components of these activities such as watering grass and amenity plantings, outdoor washing and pools and water features are straightforward to control with ‘on-off’ restrictions; however the bulk of water used by business activities is critical to the functioning of the business and a reduction in usage by a percentage set by Council as drought events develop is considered more appropriate.

5.13 The proposed protocols have been reviewed by NCC’s Parks and Facilities and Environment teams and amended to reflect their operational priorities.

5.14 Restrictions on rural water takes from bores and wells are set out in the NRMP and individual resource consents. These are based on the levels of water in the streams and rivers. Each river has a specific ‘trigger flow’ and ‘minimum flow’ that when reached is used by Council to initiate the various restriction stages (see Attachment 4). As these levels and restrictions are set in the NRMP Council will review them as part of the development of the Proposed Nelson Plan Whakamahere Whakatū.

Impact of Climate Change

5.15 Predictions of the impact of climate change for the Nelson region suggest the likelihood of ‘wetter wet periods’ and ‘drier dry periods’ into the future as temperatures increase. Some models predict more days in summer with higher temperatures over 25^oC with consequent greater demand for water at the same time that the frequency of extreme rainfall events may also increase.

5.16 On balance the ‘drier dry periods’ are likely to mean that water restrictions will be imposed more regularly. The following table sets out the expectancy for when urban water restrictions are likely to be imposed in today’s environment and a possible scenario for the future.

NCC Proposed Restriction Stage	Description	Exercised frequency (since 1999)	Return period (years)	Return period including potential effects of climate change (years)
0	Dam Full
0	Education about water.		1.6	~1.3
1	Stage 1 restrictions	11	2.7	~2.5
2	Stage 2 restrictions	5	5.5	~5.3
3	Stage 3 restrictions	2	~12.0	~11.0
4	Stage 4 restrictions	0	~50.0	~45.0
5	Stage 5 restrictions	0	>100.0	~100.0
6	Stage 6 restrictions	0	>100.0	~100.0

6. Options

6.1 The following table sets out the two options that Council can consider. Council officers recommend Option 2 be adopted.

Option 1: Adopt resource consent trigger points for urban supplies
Advantages	· Meets requirements of water supply resource consent
Risks and Disadvantages	· Concentrates trigger levels over a very short timeframe · Does not provide a comprehensive set of protocols for different activities
Option 2: Adopt earlier trigger levels and detailed protocols (recommended option)
Advantages	· Allows time for people to adapt and respond to water restriction stages · Provides clarity about the exact nature of restrictions · Reduced usage will potentially allow enhanced flows in source rivers
Risks and Disadvantages	· Nil

7. Conclusion

7.1 In order to maintain an effective water supply during seasonal dry periods or when the network supply is interrupted Council requires water restriction protocols that can be implemented in a timely fashion. The proposed restrictions also offer NCC an opportunity to improve alignment of restrictions between Richmond and Nelson urban supplies.

Author: Phil Ruffell, Senior Activity Engineer - Water Supply

Attachments

Attachment 1: Maitai Reservoir Level Plan with Proposed Seasonal Restriction Stages (A2324759) ⇩

Attachment 2: Resource Consent Water Restriction Trigger Levels and Proposed Trigger Levels (A2147325) ⇩

Attachment 3: Water Restriction History (A2083366) ⇩

Attachment 4: Proposed Nelson City Water Restriction Stage Descriptions (A2267192) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The Nelson City Council Water Supply Bylaw and water restriction stage descriptions sets out how Council will ensure a viable community water supply to support the following purpose of Local Government:

(b) to promote the social, economic, environmental and cultural well-being of communities in the present and for the future.

2. Consistency with Community Outcomes and Council Policy

The Water Restriction Protocols have been developed to support the delivery of the following Council Community Outcome:

· Our communities are healthy, safe, inclusive and resilient

3. Risk

Adopting the proposed water restriction stage descriptions and trigger levels is a low risk as it is intended to be applied in times of drought or water shortage in the Maitai Dam. Adopting restriction stage descriptions and trigger levels helps Council mitigate risks by providing a clear plan to achieve the goal of ensuring there is an adequate supply of water to the Nelson community in times of drought or other network impact.

4. Financial impact

Some minor impact on water supply income is expected as water restrictions impact demand for a short period in the financial year. As restrictions are imposed on a semi-regular basis the impact on income and expenditure levels is recognised and incorporated into budgets.

5. Degree of significance and level of engagement

This matter is of low to medium significance because water restrictions are anticipated in dry summers and regular media releases raise the community awareness of weather conditions and impacts. The need for restrictions is identified in the water supply bylaw which followed a special consultative process with the community.

6. Climate Impact

Water restrictions are typically imposed in response to seasonal dry weather. Having a document that sets out clearly what is expected of Council and the community in terms of reduced water usage supports Council’s leadership role in helping the community adapt to climate impacts.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The Council has the ability to set water restrictions under the Water Supply Bylaw No 223 (2014). Decisions about urban and rural restrictions fall to separate committees. In order to allow the development of one document that contains both urban and rural water restrictions in a timely fashion it is appropriate that the matter is considered by the full Council.

Areas of Responsibility:

Environment Committee

· Regulatory enforcement and monitoring

Infrastructure Committee

· Water

· Bylaws, within the areas of responsibility

Powers to Decide:

· All persons using water supplied to any premises shall comply with any water restriction, which may be imposed by the Council from time to time to manage seasonal or other demands and/or water supply shortages.

Item 12: Governance Statement 2019 - 2022: Attachment 1

Council

23 April 2020

REPORT R14824

Governance Statement 2019 - 2022

Purpose of Report

1.1 To adopt the Nelson City Council Governance Statement 2019 – 2022.

2. Recommendation

That the Council

1. Receives the report Governance Statement 2019 - 2022 (R14824) and its attachments (A1708727) and (A2356871); and

2. Adopts the Nelson City Council Governance Statement 2019 - 2022; and

3. Delegates to the Chief Executive the authority to approve any minor amendments to the Governance Statement 2019 – 2022 to keep the document up to date during this triennium.

3. Background

3.1 Section 40 of the Local Government Act 2002 requires Council to prepare and make publicly available a local governance statement within six months after a local body election.

3.2 A local governance statement is a collection of information about the processes through which the local authority makes decisions and engages with its community. It explains how residents can influence those processes.

4. Discussion

4.1 The local governance statement is required, under Section 40 of the Act, to include:

· the functions, responsibilities, and activities of the local authority

· any local legislation that confers powers on the local authority

· the bylaws of the local authority

· the electoral system and the opportunity to change it

· representation arrangements, including the option of establishing Māori wards or constituencies, and the opportunity to change them

· members’ roles and conduct

· governance structures and processes

· meeting processes

· consultation policies

· policies for liaising with Māori

· the management structure and the relationship between management and elected members

· the remuneration and employment policy

· equal employment opportunities policy

· key approved planning and policy documents

· systems for public access to Council and its elected members

· processes for requests for official information

4.2 A copy of the tracked changes Governance Statement for 2019 - 2022 is included as Attachment 1, identifying the updates that have been made this triennium.

4.3 A copy of the updated Governance Statement 2019 – 2022 is included as Attachment 2.

4.4 Changes were made to the following sections:

4.4.1 Section 2.0 – The Functions, Responsibilities and Activities of the Nelson City Council. This reflects the changes to the Local Government Act which repealed Sections 10 (2) and 11A.

4.4.2 Section 6.4 - Code of Conduct. This section has been expanded to reflect the revised Code of Conduct, adopted on 31 October 2019.

4.4.3 Section 7 – Governance Structures and Processed, Membership and Delegations. Substantive changes were made to reflect this triennium’s committee structure with the establishment of Committees of the Whole with the delegated power to exercise Council’s responsibilities.

4.4.4 Section 8 – the Council Controlled Organisations and Other Organisations. A new section has been added to provide details on the Council Controlled Organisations and Other Organisations. Previously, this information was included in the Delegations Register. The Delegations Register adopted by Council on 14 November 2019 did not include this information as it was felt that it should be captured in the Governance Statement instead.

4.4.5 Section 11 - Policies for Liaising and Relationships with iwi and Māori. This section has been reviewed by Council’s Kaihautū and reflects the current approach in this area as Council continues to strengthen our partnership through:

· the establishment of the Iwi-Council Partnership;

· regular meetings at Governance, Management and operational levels;

· the appointment of iwi representatives to three Council committees;

· the appointment of NCC dual kaumātua Kereopa Ratapu and Melanie McGregor

· the promotion of te reo Māori within Council and within our community.

4.4.6 Section 14 - Remuneration and Employment Policies. It is a requirement under the Local Government Act for a section on this topic to be included. For reasons unknown, it was not included in the previous Governance Statement. A new section has been added to ensure compliance with the legislation.

4.5 Minor updates were made to several other sections of the document to ensure it remains current and reflects any changes Council policy or procedures.

5. Options

5.1 Council is required by legislation to prepare and make publicly available a local governance statement. The adoption of the draft local governance statement will ensure that Council meets its legislative obligations.

5.2 Council can choose to adopt the Governance Statement as presented either in whole, in part or with any required amendments, or not to adopt the Governance Statement as presented.

Option 1: Adoption of Draft Governance Statement as presented or amended as required
Advantages	· Council meets its statutory obligations · Provides the public with information in a timely manner about local authority decision-making, community engagement and how residents can influence those processes.
Risks and Disadvantages	· None
Option 2: Not Adopt the Draft Governance Statement as presented
Advantages	· Allows Council to make further changes to the Draft Governance Statement
Risks and Disadvantages	· Council may fail to meet its statutory obligations

Author: Mary Birch, Manager Governance and Support Services

Attachments

Attachment 1: (A2356871) Draft Governance Statement - 2019 - 2022 - Tracked Changes ⇩

Attachment 2: (A1708727) Draft Governance Statement 2019 - 2022 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The preparation of a local governance statement is a requirement of the Local Government Act 2002. A local governance statement contains information for the community regarding ways to participate in, and influence, democratic processes – enabling democratic decision making.

2. Consistency with Community Outcomes and Council Policy

The preparation of a local governance statement supports the community outcome “Our Council provides leadership and fosters partnerships…and community engagement.”

“Residents have the opportunity to participate in major decisions and information is easy to access.”

3. Risk

The adoption of the local governance statement is a low risk decision because it meets Council’s obligations under the Local Government Act 2002 to prepare and make publicly available a governance statement within the first six months after a local body election and the information that it contains is already publicly available on Council’s website.

4. Financial impact

Nil

5. Degree of significance and level of engagement

This matter is of low significance because it relates to the adoption of a document which compiles information that is already available to the public and therefore no engagement has been undertaken.

6. Climate Impact

This decision will have no impact on the ability of 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 the Governance Statement.

PDF Creator

Item 13: Amendments to Delegations Register and Standing Orders

Council

23 April 2020

REPORT R15894

Amendments to Delegations Register and Standing Orders

1. Purpose of Report

1.1 To amend the Delegations Register to clarify the Chief Executive’s delegated authority with regards to writing off outstanding accounts receivable or remitting fees and charges, and to clarify processes regarding the Hearings Panel – Other; and

1.2 To amend Standing Orders to incorporate a process for elected members to apply for a leave of absence.

2. Recommendation

That the Council

1. Receives the report Amendments to Delegations Register and Standing Orders (R15894) and its attachments (A2356552, A2356632 and A2371254); and

2. Approves the proposed amendments to the Delegations Register as set out in attachment one (A2356552) and attachment two (A2356632); and

3. Approves the proposed amendment to Standing Orders as set out in attachment three (A2371254).

3. Proposed amendments to Delegations Register

3.1 There are several aspects of the Delegations Register which officers suggest should be amended. These relate to the Chief Executive’s delegated authority and the responsibility of the Audit and Risk Subcommittee in relation to writing off outstanding accounts receivable or remits of fees and charges, and the processes and operation of the Hearings Panel – Other.

Chief Executive’s Delegations regarding Write-Offs of Outstanding Accounts Receivable

3.2 At the start of the 2019 triennium Council made a number of changes to the Delegations Register, including 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.

3.3 One of the limitations placed on the Chief Executive’s delegated powers is governance matters retained by Council or delegated by Council to a committee, subcommittee or subordinate decision-making body.

3.4 There is an anomaly in the delegated responsibility of the Audit and Risk Subcommittee, whereby the subcommittee has the power to recommend to the Governance and Finance Committee “to write off outstanding accounts receivable or remit fees and charges of amounts over the Chief Executive’s delegated authority” but the Chief Executive’s delegated powers do not identify the extent of the Chief Executive’s authority to do so.

3.5 In order to remedy this, it is suggested that the Chief Executive’s delegated powers include a limit of $10,000 for writing off outstanding accounts receivable or remitting fees and charges. The proposed changes are as set out in attachment one (A2356552).

3.6 The suggested limit of $10,000 is a higher limit than previously delegated to the Chief Executive, with previous iterations of the Delegations Register requiring subcommittee input for amounts over $2500. The $2500 amount has not changed for a number of years, and officers now suggest that outstanding accounts receivable of up to $10,000 is a more appropriate limit for the Chief Executive to be able to write off before requiring input from the Audit and Risk Subcommittee. The Chief Executive may still choose to refer any outstanding accounts receivable under the amount of $10,000 to the Audit and Risk Subcommittee if he considers the circumstances require subcommittee input.

3.7 The Chair of the Audit and Risk Subcommittee, Mr John Peters, has been consulted regarding the proposed $10,000 limit. He has advised that he is comfortable with the proposed amount of $10,000, given the organisation’s turnover and record of debt management, provided that officers continue to report outstanding accounts receivable to the Audit and Risk Subcommittee.

3.8 It should be noted that the decision to write-off a debt is an administrative one. Although debts are written off from an accounting point of view, records are still kept and if an opportunity to recover any debt arises, action is taken. Most of the balance of Council’s outstanding accounts receivables is with Credit Recoveries Limited, Council’s debt recovery agency, which continues recovery activities. Every possible effort is made to locate and obtain payment from debtors.

Hearings Panel - Other

3.9 There are two aspects of the Hearings Panel – Other delegations where changes would be beneficial:

· Chairing of each Hearings Panel – Other; and

· The Hearings Panel – Other’s responsibilities regarding Parking and Vehicles Bylaw Schedule changes.

3.10 The proposed changes to the Delegations Register in respect of the Hearings Panel – Other are included in attachment two (A2356632) and are discussed in turn below.

Chairing of Hearings Panel - Other

3.11 The Hearings Panel – Other delegated authority includes the responsibility for making certain decisions on behalf of Council under statutory authority, some of which include a right of appeal to the District Court. Therefore, it is appropriate that the chair of each Hearings Panel – Other has appropriate training and experience to be able to chair Panel meetings. It is considered that completion of the ‘Making Good Decisions’ course provides an appropriate level of training to chair these meetings.

3.12 It is suggested that the Delegations Register be amended to state that the chair of each Panel will be an elected member who has previously undertaken the ‘Making Good Decisions’ course.

Clarifying the Hearings Panel – Other responsibilities regarding Parking and Vehicles Control Bylaw Schedule changes

3.13 The Local Government Act 2002 generally requires a special consultative procedure or formal consultation process under section 82 for making changes to bylaws. An exception to this is, where a bylaw leaves a specific matter to be regulated or controlled by Council resolution.

3.14 Part 2 of the Parking and Vehicle Control Bylaw enables Council to specify certain parking and vehicle restrictions in Schedules by resolution. Council may also amend or remove these restrictions in the Schedules by further resolution. In doing so, Council must still apply the usual Local Government Act 2002 decision making principles and in particular assess the significance of any proposed changes and any need for consultation with affected parties.

3.15 Council has delegated the power to change the schedules in the Parking and Vehicle Control Bylaw to the Hearings Panel – Other. It is implicit in this delegation that the Panel must meet the decision-making principles of the Local Government Act 2002 in doing so, as required for all decisions of Council, its committees, subcommittees and subordinate decision-making bodies.

3.16 Examples of the types of schedule changes the Panel might consider include the proposed location of yellow ‘no stopping’ lines, considering time limits on parking spaces (for example, P60, P120 or P180), and considering appropriate locations for bus stops, bicycle or motorbike parks, and mobility parks. Decisions such as these may require community engagement as appropriate, depending on the significance of the proposed change, as part of the provision of information to meet the decision-making principles in the Local Government Act 2002.

3.17 However, if Council was to consider changing the bylaw itself – rather than the schedules – a consultation meeting the requirements of section 156 of the Local Government Act 2002 would be required (either a special consultative procedure or section 82 consultation process). The Infrastructure Committee holds the delegated responsibility for parking, and the delegated authority to undertake community engagement, including all steps relating to special consultative procedures or other formal consultation processes.

3.18 Currently, the Hearings Panel – Other delegated powers to decide include references to ‘public consultation’ alongside the power to change schedules to the Parking and Vehicle Control Bylaw, which raises the suggestion that the Hearings Panel – Other might potentially undertake special consultative procedures or other formal consultation processes relating to changes to the schedules.

3.19 To clarify that the Infrastructure Committee is responsible for any such formal consultative processes on proposed changes to the bylaw, it is suggested that the Hearing Panel – Other delegations be re-worded to remove references to public consultation, and to clarify that the Hearing Panel – Other’s responsibility is to decide on changes to the schedules to the bylaw only. The proposed changes are also included in attachment two (A2356632).

Proposed amendments to Standing Orders

Incorporating Leave of Absence process into Standing Orders

3.20 Attachment three (A2371254) proposes to incorporate an additional appendix 11 to Standing Orders, to outline a leave of absence process for elected members.

3.21 Clause 5(1)(d) of Schedule 7 to the Local Government Act 2002 states that the office of a member of a local authority becomes vacant if the member is absent without leave of the local authority from four consecutive meetings (other than extraordinary meetings) of the local authority.

3.22 It is expected that elected members will usually be available for scheduled meetings, or enter apologies for individual meetings as appropriate. However, there are times at which elected members may need to miss four or more consecutive meetings and to apply for a leave of absence to avoid their office becoming vacant.

3.23 Previously the Nelson City Council Code of Conduct included a process for a Leave of Absence. This was removed from the Code of Conduct adopted by Council at the start of the 2019 triennium. Council’s Standing Orders refer to the ability of an elected member to apply for a leave of absence in clause 12.3, therefore it is appropriate for the Leave of Absence process to be included as an appendix to Standing Orders.

3.24 The proposed process for elected members’ leave of absence has been reviewed and updated. Previously applications for a leave of absence could be included on the confidential agenda of any Council or committee meeting (including retrospectively, when appropriate). The proposed process is for requests to be included in the confidential Mayor’s report for Council meetings. This reflects that decisions regarding leave of absence requests are more appropriately made by Council, rather than by a committee. The proposed process retains the ability for retrospective applications to be made where appropriate.

3.25 The proposed process also notes that requests for a leave of absence will be granted unless there is good reason not to. This reflects the expectation that elected members’ requests for leaves of absence are likely to be rare, and made for genuine reasons, with the result that they are unlikely to be refused.

3.26 In accordance with Standing Order 3.2, amendments to Standing Orders must be made by the Council and by a vote of not less than 75% of the members present.

4. Options

4.1 It is recommended that the proposed updates to the Delegations Register and Standing Orders are adopted. Council can choose to approve the proposed updates to the Delegations Register and Standing Orders, make further amendments or not approve them.

4.2 There are no notable risks or disadvantages associated with adopting the proposed changes beyond those discussed elsewhere in this report.

Author: E-J Ruthven, Governance Adviser

Attachments

Attachment 1: A2356552 - Proposed update to Delegations Register - Chief Executive's delegated powers ⇩

Attachment 2: A2356632 - Proposed updates to Delegations Register - Hearings Panel - Other ⇩

Attachment 3: A2371254 - Proposed update to Standing Orders - Leave of Absence process ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

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

2. Consistency with Community Outcomes and Council Policy

The proposed amendments to the Delegations Register and Standing Orders are consistent with Council’s community outcome of “Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement” as they aim to clarify how the decisions and activities of Council are implemented and managed.

3. Risk

The proposed changes to the Delegations Register and Standing Orders aim to improve clarity regarding procedures and decision-making, thereby reducing the risk of ambiguity.

4. Financial impact

There are no obvious financial implications as a result of incorporating the elected members’ leave of absence process into Standing Orders, or to the proposed changes to the Delegations Register in relation to the Hearings Panel – Other.

The proposed changes to the Chief Executive’s delegated powers regarding writing off outstanding accounts receivable means that higher levels of bad debts may be written off than previously without a committee decision; however the Audit and Risk Subcommittee retains overall oversight of Council’s debtors and legal proceedings.

5. Degree of significance and level of engagement

The matters considered in this report are of low significance because they are largely administrative in nature, aimed at ensuring core Council documents are as clear as possible. Therefore no public engagement has taken place regarding these matters.

6. Climate Impact

The matters considered in this report do not have any impact on climate change.

7. Inclusion of Māori in the decision making process

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

8. Delegations

Council retains responsibility for the Delegations Register and Standing Orders.

Recommendations to start with a verb e.g. approves/notes/allocates. Stick to one idea per clause, each clause must stand alone.