Notice of the ordinary meeting of the

Environment Committee

Kōmiti Taiao

Date:		Thursday 3 September 2020
Time:		9.00a.m.  
Location:		Council Chamber, Civic House
			110 Trafalgar Street


Rārangi take

Chair                 Cr Kate Fulton

Deputy Chair   Cr Brian McGurk

Members          Her Worship the Mayor Rachel Reese

                         Cr Yvonne Bowater

                         Cr Trudie Brand

                         Cr Mel Courtney

                         Cr Judene Edgar

                         Cr Matt Lawrey

Cr Gaile Noonan

                          Cr Rohan O’Neill-Stevens

Cr Pete Rainey

                         Cr Rachel Sanson

                         Cr Tim Skinner

                         Glenice Paine

Pat Dougherty

Quorum: 2                                                                                  Chief Executive

Nelson City Council Disclaimer

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

Environment Committee - Delegations

Areas of Responsibility:

·          Building control matters, including earthquake-prone buildings and the fencing of swimming pools

·          Bylaws, within the areas of responsibility

·          Council and/or Community projects or initiatives for enhanced environmental outcomes

·          Environmental regulatory matters including (but not limited to) animals and dogs, amusement devices, alcohol licensing (except where delegated to the Alcohol Regulatory and Licensing Authority), food premises, gambling and public health

·          Regulatory enforcement and monitoring

·          Maritime and Harbour Safety and Control

·          Pollution control

·          Hazardous substances and contaminated land

·          Environmental science matters including (but not limited to) air quality, water quality, water quantity, land management, biodiversity, biosecurity (marine, freshwater and terrestrial), and coastal and marine science

·          Environmental programmes including (but not limited to) warmer, healthier homes, energy efficiency, environmental education, and eco-building advice

·          Science monitoring and reporting

·          Climate change resilience overview (adaptation and mitigation)

·          The Regional Policy Statement, District and Regional Plans, including the Nelson Plan

·          Other planning documents or policies, including (but not limited to) the Land Development Manual

·          Policies and strategies related  to resource management matters

·          Policies and strategies related to compliance, monitoring and enforcement


The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies. 

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

·          Monitoring Council’s performance for the committee’s areas of responsibility, including legislative responsibilities and compliance requirements

·          Developing, approving, monitoring and reviewing policies and plans, including activity management plans

·          Reviewing and determining whether a bylaw or amendment, revocation or replacement of a bylaw is appropriate

·          Undertaking community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes

·          Approving submissions to external bodies or organisations, and on legislation and regulatory proposals

Powers to Recommend to Council:

In the following situations the committee may consider matters within the areas of responsibility but make recommendations to Council only (in accordance with sections 5.1.3 - 5.1.5 of the Delegations Register):

·          Matters that, under the Local Government Act 2002, the operation of law or other legislation, Council is unable to delegate

·          The purchase or disposal of land or property relating to the areas of responsibility, other than in accordance with the Long Term Plan or Annual Plan

·          Unbudgeted expenditure relating to the areas of responsibility, not included in the Long Term Plan or Annual Plan

·          Approval of notification of any statutory resource management plan, including the Nelson Plan or any Plan Changes

·          Decisions regarding significant assets


Environment Committee

3 September 2020



Page No.


Karakia Timatanga


1.       Apologies


2.       Confirmation of Order of Business

3.       Interests

3.1       Updates to the Interests Register

3.2       Identify any conflicts of interest in the agenda

4.       Public Forum

5.       Confirmation of Minutes

5.1       23 July 2020                                                                               5 - 9

Document number M12016


That the Environment Committee

1.     Confirms the minutes of the meeting of the Environment Committee, held on 23 July 2020, as a true and correct record.


6.       Chairperson's Report 

7.       Whakamahere Whakatū Nelson Plan Programme Update                                   10 - 21

Document number R18190




That the Environment Committee

1.     Receives the report Whakamahere Whakatū Nelson Plan Programme Update (R18190) and its attachment (A2425419); and

2.     Approves the updated programme for the Whakamahere Whakatū Nelson Plan, as follows

·    Undertaking two phases of consultation,  the first in October 2020, and the second in March 2021; and

·    Anticipated notification of the Proposed Plan in February 2022.



8.       Environmental Management Group - Quarterly Report                                                       22 - 60

Document number R16951


The Environment Committee

1.     Receives the report Environmental Management Group - Quarterly Report (R16951) and its attachments (A2367256, A2433854, A2415060 and A2282783).



Karakia Whakamutunga



Environment Committee Minutes - 23 July 2020



Minutes of a meeting of the Environment Committee

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

On Thursday 23 July 2020, commencing at 10.39a.m.


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

In Attendance:     Group Manager Environmental Management (C Barton), Governance Adviser (E Stephenson) and Governance Support (K McLean)

Apologies :           Nil


Karakia Timatanga

There was an opening karakia.


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.

The meeting was adjourned from 10.42a.m. until 11.00a.m., at which time Councillors Brand and Skinner were not present.

5.       Confirmation of Minutes

5.1       28 May 2020

Document number M9897, agenda pages 5 - 28 refer.

Resolved EC/2020/024


That the Environment Committee

1.     Confirms the minutes of the meeting of the Environment Committee, held on 28 May 2020, as a true and correct record.

McGurk/Courtney                                                                              Carried


6.       Chairperson's Report

Document number R18179

The Chairperson introduced her report (A2426049), which focused on the Maitai/Mahitahi Ecological Restoration plan.

Manager Science and Environment, Jo Martin, and Team Leader Parks, Peter Grundy, provided a PowerPoint presentation of plantings in the Maitai catchment (A2426387).

Attendance: Councillors Brand and Skinner returned to the meeting at 11.02a.m.

Ms Martin and Mr Grundy answered questions regarding the Ecological Restoration Plan.

Attendance: Her Worship the Mayor Reese left the meeting at 11.25a.m.

Attendance: Councillor Lawrey left the meeting from 11.27a.m. until 11.34a.m.

  Attendance: Councillor Noonan left the meeting at 11.45a.m.

Attendance: Councillor Edgar left the meeting at 11.46a.m.


Resolved EC/2020/025    


That the Environment Committee

1.     Receives the report Chairperson's Report (R18179, A2426049).

Sanson/Bowater                                                                               Carried



1    A2426049 - Chairperson's report 23Jul2020

2    A2426387 - Planting in the Maitai Catchment PowerPoint presentation


7.       Submission to National Environmental Standards for Air Quality Proposed Amendments

Document number R18066, agenda pages 29 - 73 refer.

Attendance: Her Worship the Mayor Reese returned to the meeting at 11.48a.m.

Environmental Programmes Advisers, Richard Frizzell, and Richard Popenhagen, presented the report. Mr Frizzell gave a brief overview of the submission, noting Council’s engagement of an air quality scientist and the key elements of the proposed amendments.

Mr Frizzell and Mr Popenhagen answered questions about the rationale for the proposed amendments, compliance levels and exceedances, the impact of a 24 hour PM2.5 average rather than an annual average, monitoring, wood burner emissions, the approach of other Councils and Council’s ability to comply with the proposed new standards.

Attendance: Councillors Edgar and Noonan returned to the meeting at 12.02p.m.

Concerns were expressed that the National Environmental Standards for Air Quality was an insufficient piece of work, with a lack of scientific evidence and that it was an expense that Council should not have had to meet to commission an expert for peer review. Discussion took place regarding air quality and it was noted that the Nelson Air Quality Plan is being reviewed as part of the Nelson Plan process.

Attendance: Councillor Noonan left the meeting at 12.19p.m.

The meeting was adjourned from 12.29p.m. until 12.32p.m., at which time Councillors Brand and Lawrey were not present.

Attendance: Councillor Lawrey returned to the meeting at 12.33p.m.

Attendance: Councillor Brand returned to the meeting at 12.34p.m.

Resolved EC/2020/026


That the Environment Committee

1.     Receives the report Submission to National Environmental Standards for Air Quality Proposed Amendments (R18066) and its attachments (A2380092, A2379821 and A2379807); and

2.     Approves the attached Nelson City Council submission on proposed amendments to the National Environmental Standards for Air Quality (A2380092).


Her Worship the Mayor/Paine                                                            Carried



8.       Exclusion of the Public


Resolved EC/2020/027


That the Environment Committee

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:

Skinner/Bowater                                                                               Carried



General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)


Environment Committee Meeting - Public Excluded Minutes -  28 May 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)(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 12.48p.m. and resumed in public session at 12.49p.m.

The only business transacted in confidential session was to confirm the minutes. 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.

9.       Confirmation of Minutes

9.1       28 May 2020

Document number M9899, agenda pages 4 - 6 refer.

Resolved EC/2020/028


That the Environment Committee

1.     Confirms the minutes of part of the meeting of the Environment Committee, held with the public excluded on 28 May 2020, as a true and correct record.

Skinner/McGurk                                                                                Carried


10.     Re-admittance of the Public

Resolved EC/2020/029


That the Council

1.     Re-admits the public to the meeting.


McGurk/Edgar                                                                                Carried

Karakia Whakamutunga


There was a closing karakia.



There being no further business the meeting ended at 12.50p.m.


Confirmed as a correct record of proceedings:




                                                         Chairperson                                    Date       



Item 7: Whakamahere Whakatū Nelson Plan Programme Update


Environment Committee

3 September 2020




Whakamahere Whakatū Nelson Plan Programme Update



1.       Purpose of Report

1.1       To provide an update on the Whakamahere Whakatū Nelson Plan programme for 2020-2021 and seek approval for the revised timeframes for consultation and notification.



2.       Recommendation

That the Environment Committee

1.     Receives the report Whakamahere Whakatū Nelson Plan Programme Update (R18190) and its attachment (A2425419); and

2.     Approves the updated programme for the Whakamahere Whakatū Nelson Plan, as follows

·    Undertaking two phases of consultation,  the first in October 2020, and the second in March 2021; and

·    Anticipated notification of the Proposed Plan in February 2022.

3.       Background

Programme Update

3.1       The Whakamahere Whakatū Nelson Plan (the Plan) programme has been altered. The primary reason is because the COVID-19 restrictions limited the ability to undertake effective public consultation, as planned for early 2020. 

3.2       The report proposes to seek approval for release of the draft Plan, with the first phase of public consultation starting on 6 October.  Consultation will close 8 weeks later on 6 December 2020.

3.3       A second phase of public consultation is proposed for March 2021. The second phase of consultation will include the entire Plan with a particular focus on:

3.3.1    Coastal and freshwater inundation (to meet timeframes for producing modelling information);

3.3.2    Land Instability hazards (technical work being completed in 2020);

3.3.3    Airport Zone; Education and Research Zones;

3.3.4    Marina; and Haven Precinct rules; and

3.3.5    Any other parts of the Plan that are awaiting national direction (e.g. Air Quality NES) or responding to recent National Policy Statements (e.g. NPS Urban Development and NPS Freshwater) or Resource Management Act changes; parts awaiting technical or mapping outputs, or that may benefit from further consultation with the community.

3.4       After the consultation on the Draft Plan, staff will work with councillors, advisors, internal staff across Council, and Te Tau Ihu iwi working group to finalise the provisions. Changes and mapping inputs to the E-Plan will follow.

3.5       A final draft will then be provided to iwi in accordance with the Resource Management Act 1991. Once Council has considered the feedback from iwi, the Plan can be finalised and the E-Plan integration completed.

3.6       The anticipated timeframe for notification of the Proposed Whakamahere Whakatū Nelson Plan is February 2022.

Key Stakeholder Testing

3.7       During Covid-19 lockdown, through to July 2020, the Environmental Planning team took the opportunity to test a draft of the Plan with a selection of key stakeholders. These stakeholders were statutory agencies, internal staff members, frequent users of the plan (e.g. local Resource Management Act planning and legal firms; active large-scale developers; Council Controlled Organisations), and neighbouring Councils. The purpose of the testing was to identify errors, omissions or interpretation issues – as well as to check how the draft Plan may affect their longer term interests as they were recovering from Covid-19 impacts.

3.8       A summary of the feedback is attached (A2425419) to this report and has been considered by Council at a workshop on 4 August 2020.

3.9       Overall, the feedback has been largely supportive of many of the potential changes, particularly regarding the ability of parties to work with Council at an early stage. A number of parties offered suggestions for corrections or amendments to aid interpretation; sought clearer provisions or better alignment with National Directions; or sought particular outcomes.

3.10     Submissions that raised substantive matters or sought alternative outcomes will be considered as part of the Draft Plan feedback considerations – in conjunction with public feedback.  This will be communicated to those parties.

3.11     In addition, Te Tau Ihu iwi working group has been providing input and advice throughout the development of the draft Plan.  The feedback from the stakeholders has been provided to the iwi working group for further consideration. Matters that require substantive consideration will also be considered during the Draft Plan feedback process.

Project Oversight

3.12     The project team will continue to report progress on the Nelson Plan project to the Steering Group (consisting of Senior Leadership and the project management team) and Governance Liaison Group (Mayor Reese, Cr McGurk; Cr Fulton; CEO; General Manager – Environmental Management and project management team). The purpose of the oversight teams is to monitor timeframes, budgets, progress and provide early direction on issues arising.

3.13     Reporting on progress to Council will continue via standard Quarterly Reporting and papers as required.

4.       Conclusion

4.1       This report provides an update on the programme for the Whakamahere Whakatū Nelson Plan. Specifically:

4.1.1    Undertake two phases of consultation on the Draft Nelson Plan. The first in October 2020, and the second in March 2021.

4.1.2    Anticipated notification of the Proposed Plan in February 2022.



Author:           Maxine Day, Manager Environmental Planning


Attachment 1:    A2425419 Summary of Stakeholder Feedback on Test Version of Nelson Plan


Item 7: Whakamahere Whakatū Nelson Plan Programme Update: Attachment 1

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Item 8: Environmental Management Group - Quarterly Report


Environment Committee

3 September 2020




Environmental Management Group - Quarterly Report



1.       Purpose of Report

1.1       To provide an update on the final quarter and for the overall year for Environmental Management Group functions:  Building, City Development, Consents and Compliance, Planning, and Science and Environment.  The report also provides a legal proceedings update relating to the Environmental Management Group functions where not reported to Audit and Risk.


2.       Recommendation

The Environment Committee

1.     Receives the report Environmental Management Group - Quarterly Report (R16951) and its attachments (A2367256, A2433854, A2415060 and A2282783).


3.       Summary


Level of service



Compliance with statutory requirements.

Compliance with Building Consent and Code Compliance timeframes are -100% for Building Consents issued

98% for Code Compliance Certificates issued, this quarter. Building Consent numbers were reduced in April but overall numbers are in line with 2017/18.


Statistics are included in Attachment 1 (A2367256)

City Development

Coordinated growth with infrastructure.

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

Streets for People and stakeholder engagement has been a focus of the last quarter. A report will be brought to Council on 9 September.

The Intensification Action Plan has been drafted and is being reported to Council on 22 September.


The Development Contributions Review has commenced. The review of the Outdoor Dining Policy is being considered.

Consents and Compliance

Compliance with statutory requirements.

Compliance with resource consent timeframes averaged 99% for the six months from January to June with March the only month where some non-notified consents were not on time. For the year there were 25 fewer applications received and 2 more consents issued compared to the 2018/19 year. 


Statistics are included in Attachment 1 (A2367256).


Resource management plans are current and meet all legislative requirements.

Testing of the Nelson Plan with key stakeholders occurred from April to July 2020. Subsequently, changes to the Plan have been made to fix errors and omissions, to aid interpretation; and to align the Nelson Plan with other Council policies or plans.


The Dog Policy and Bylaw was approved by the Environment Committee in June 2020.

The Urban Environment Bylaw review was approved for commencement by the Environment Committee in June 2020. 

Science and Environment

Compliance and reporting against relevant policy statements and standards.






Delivery of all programmes.

There were no exceedances of the National Environmental Standards for Air Quality during the last 12 months. This is the first time since monitoring began in 2001.


Freshwater monitoring programmes were delivered according to national best practice, and the LTP KPI related to pristine waterways, was met. Water quality data for 2019 will be uploaded to Land and Water Aotearoa (LAWA) in the next quarter.

Four biosecurity issues arose during the year: Sabella incursions at the Marina, Lake Snow in the Maitai Reservoir, and Water Celery and Gambusia (invasive pest fish) in the Stoke Streams.

·             Successful delivery of: (a) year 1 of the Sustainable Land Management programme; funded by the Ministry for Primary Industry’s Hill Country Erosion Fund ($1.2m over 4 years). (b) Healthy streams programme and (c) Nelson Nature programme.

·             This year saw reduced delivery of the Eco-Design Adviser service due to pressure from the Air Quality programme.

4.       Discussion

Financial Results


·      The ‘Total Operating Budget’ differs from the ‘Total Annual Plan Budget’ in that it includes carry forwards and reallocations made after the final approval of the Annual Plan.

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

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

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


Building Claim expenditure is greater than budget by $732,000. This relates to a provisional claim of $690,000 for a leaky home which is budgeted in 2020/21 but has been recognised in 2019/20. The claim is funded by reserves.

Building Services income is less than budget by $121,000. Building consent fees are under budget by $102,000 for the full year. This variance is consistent with Year-to-Date 31 March figures, which were $68,000 under budget at that time.  Fees and charges have been altered. 

Building Services expenditure is greater than budget by $236,000. There was a need to have consultant input on a range of activities increasing costs.  Consultant use has been reduced this year. 

City Development expenditure is less than budget by $90,000. City development project and consultant costs are under budget by $65,000 and $31,000 respectively. Up to $50,000 of anticipated expenditure has been picked up by the Roading budget for the City Centre Streetscape Standards which City Development had budgeted for.  The remaining underspend is cost savings.

Dog Control income is less than budget by $105,000. Dog registration fees were not set in line with the budget this year and have been adjusted.

Monitoring the Environment expenditure is less than budget by $259,000. Staff costs are under budget by $165,000.  There is a variance between actual and budgeted staff costs within cost centres but overall, actual staff costs are in line with budget.  Finance is currently reviewing staff costs to reduce the variances going forward. Tasman Bay Monitoring and Research costs are under budget by $46,000. Of this $22,000 was re-allocated to estuarine monitoring, $10,000 was carried over for work delayed due to COVID-19, and $14,000 was identified as savings.

Public Counter Land & General expenditure is less than budget by $91,000. Staff costs are under budget by $93,000.  There is a variance between actual and budgeted staff costs within cost centres but overall, actual staff costs are in line with budget.  Finance is currently reviewing staff costs to reduce the variances going forward.

Resource Consents expenditure is greater than budget by $402,000. Consultancy costs are over budget by $225,000 due to the use of consultants and a difference between what consultants hourly charge out rate is compared with what can be on charged under Councils fees and charges.  The recruitment of two new staff will enable a reduced use of consultants.  Unbudgeted external expert service costs of $172,000 have been incurred – these relate mainly to geotechnical fees. 

Developing Resource Management Plan expenditure is greater than budget by $78,000. Staff costs are over budget by $121,000.  There is a variance between actual and budgeted staff costs within cost centres but overall, actual staff costs are in line with budget.  Finance is currently reviewing staff costs to reduce the variances going forward. Nelson Plan costs for full year are on track to meet budget approved by Council on 25 June 2020.


Terms used

·                      Ahead/behind – this indicates that the variance is due to timing, or that it is not yet known whether the variance will continue for the full year. This should be clarified in the commentary.

·                      Over/under – this indicates that a budget has been overspent or underspent, and that it is likely there is an actual cost saving or overrun. This should be made clear by the commentary.

·                      Less/greater – these header terms are used to describe the total variance to budget for a cost centre and account type.







COVID-19 Impacts

The COVID-19 shutdown which lasted for Alert level 4 and 3 (total of seven weeks from 25 March to 13 May 2020) while work continued the following has been experienced:

a)  Physical building inspections could not be undertaken. Overall the number of building applications and inspections have returned to pre-COVID levels.

b)  City Development’s shift to the innovative streets work has resulted in delays to other programmed work e.g the Spatial Plan

c)  The Planning team had to delay public consultation on the draft Nelson Plan although the targeted stakeholder engagement undertaken instead, has resulted in helpful feedback.

d)  The use of external contractors in both resource consents and building has been reduced.

e)  The green shovel ready project application’s that were prepared during COVID-19 by the team has resulted in over $3 million of committed funding to date.

Key Performance Indicators – Long Term Plan (attachment 2: A2433854)


4.1       Dog and animal control, food safety and public health, alcohol licensing, and pollution response measures have not been measured yet because as described in the 2018/19 Annual Report, Council's reporting systems are not currently at a level that enables results for these performance measures to be 100% verified. Urgent action is being taken to ensure the 2020/21 year data can be reported. More information can be found under 5.35. Unverified results are:

·    93% of dog complaints responded to in one day (LTP KPI is 90%)

·    All Food Act verifications were undertaken or booked (KPI is 100%)

·    All high risk and extra high risk premises under the Sale and Supply of Alcohol Act were inspected at least twice (KPI is all premises inspected twice)

·    100% of emergency pollution responses were responded to in 30 minutes and 98% of all other pollution responses occurred within one day (KPI is 100% for both).

4.2       The Resource Consents Statutory Timeframes and Building Unit Compliance measures have not been met due to a small number of consents not being processed within the statutory timeframes. Three percent of resource consents, four percent of building consents and three percent of Code Compliance Certificates were not processed on time.

5.       Environmental Management Activity Update by Business Unit



5.1       The building team completed the IANZ accreditation audit in June 2020. The hard work and return to Go Get was rewarded by only receiving 8 General Non Compliances (GNC’s) of which 3 were addressed and cleared during the assessment. The remaining GNC’s were received in two areas, four attributed to regulation 10 of the Building Consent accreditation regulations (assessing competency of employees), and one to regulation 12 (choosing and using contractors). These are currently being cleared.

5.2       The new revised fees and charges structure has been adopted and implemented, with minimal feedback/complaints from the public. The commercial report fees have been reassessed. The monthly/mid monthly fee was revised down to $500 per annum from $2500 and the monthly fee revised down to $250 per annum from $750 ($135 in 2018/19). The monthly/mid monthly fee was set over a decade ago and reflected the time it took to prepare the report, the systems in place now, allow these reports to be generated far more efficiently.


5.3       There were 209 building consents and amendments issued in this quarter compared to 158 in the previous quarter.  The Code Compliance Certificates issued in this quarter were 127 compared to 174 in the previous quarter.

5.4       The total number of building inspections undertaken in this quarter were 1183 compared to 1272 in the same period last year. This total includes only 56 inspections in April due to COVID-19 lockdown, with only 2 days of scheduled inspections for the whole of April.

5.5       Graphs showing the Building consent trends are included in Attachment 1 (A2367256).The first eight months of this year saw the number of building consents (and amendments) granted trending in line with 2018/19 figures. COVID-19 resulted in reduced numbers at the end of March and April, overall though numbers are in line with 2017/18, with a total of 902 consents granted, just 40 consents fewer than projected for the financial year. Issuing of Code Compliance Certificates (CCC), was tracking in line with the previous two years until April with only 13 CCC’s issued, with a monthly average of 58 for the year. 706 CCC’s were issued in total compared to 734 in 2018/19 and 771 in 2017/18.

5.6       This year the inspectors completed 5228 inspections. These figures are unfortunately not a true and accurate tally of the total inspections completed. Due to the unpredictable data being produced by the Alpha One consenting system, the figures are unreliable from July 2019 through to February 2020 when there was a return to Go Get. Data integration between Go-Get and MagiQ is much more reliable.

5.7       The year finished with only 40 consents lower than predicted. The scope of work has change slightly after COVID-19 with a lack of commercial activity and a rise in residential renovation/alteration work. In consultation with industry partners, there still seems to be strong demand in the residential area, which gives a level of confidence toward consent numbers in the new financial year.

            Strategic Direction and Focus

5.8       The initial MBIE audit of the Territorial Authority (TA) aspect of the business, was carried out in January 2020. The focus was on compliance schedules, building warrant of fitness and pool compliance. While the result was positive, there were 65 recommendations.   

5.9       As a result the focus is to support resourcing for Quality Assurance (QA) and compliance in preparation for the IANZ and MBIE audits to be carried out next year.

5.10     Compliance with statutory timeframes has improved markedly with the return to Go Get and continuing to maintain these is a critical focus area.  The new fees and charges have been implemented as of 1st July.

            Risks and Challenges

5.11     The building unit is aiming to have a clear IANZ audit in June 2021 and is working towards being back on a two year accreditation audit cycle.

5.12     There have been two unsuccessful rounds of recruitment for a specialist role, Team Leader Building Inspections resulting in increased pressure on officers.

5.13     The full effects of COVID-19 are yet to be realised and the team is keeping up to date with industry information and forecasts.



5.14     The Pop Up Park construction is underway after being delayed by COVID-19 and is anticipated to be completed by September.

5.15     Upper Trafalgar Street pole fabrication is underway and despite delays by COVID-19 the poles are anticipated to be installed by the end of October.

5.16     Officers are working on installing edible gardens in the place kit as part of the temporary activation of Upper Trafalgar Street.

5.17     The City Centre Programme Lead gave a lunch presentation at Community Action Network’s makeshift space on the city centre programme plan.

5.18     During lockdown officers considered tactical responses for the city centre which culminated in the ‘Walk the Chalk’ campaign.

5.19     Streets for People city centre place making options were put out for public feedback and two breakfast meetings with 100 retailers attending were held.  The Nelson Mail and Nelson magazine provided media coverage and the city centre business task force was formed with six meetings being held over the consultation period.

5.20     Custom population projections have been developed to take into account the impacts of COVID-19 and have been reviewed by Infometrics Ltd.

5.21     Council workshops on the spatial plan, the marina, streets for people, development contributions and growth projections have been undertaken.

5.22     The Intensification Action Plan has been drafted and will be reported to Council on 22 September.

Strategic Direction and Focus

5.23     The key strategic direction of the team is to complete the City Centre Spatial Plan by the end of the year so that it can be used alongside the Parking Strategy, and the Public Transport Review and inform the Long Term Plan.

5.24     One of the outcomes of the Future Development Strategy is the development of an Intensification Action Plan.  As well as developing the action plan officers are focusing on a number of key actions required to influence and enable intensification, and will be working across teams to ensure they are incorporated into Council work and funding programmes.  The new National Policy Statement Urban Development provides further direction on achieving this.

5.25     Reviews of the Development Contributions Policy is underway. The Outdoor Dining Policy review has been delayed.

           Risks and Challenges

5.26     The team has been working closely with project and asset managers from the capital projects team to ensure that capacity risks around delivering city centre activations, urban development capacity in intensification areas and infrastructure servicing and long term projects are minimised.

5.27     The team has also been working closely with the Climate Change Champion and the Transport Team to align work programmes.

5.28     An assessment of the potential implications of the National Policy Statement Urban Development is being undertaken and will be reported to Council as soon as possible.



5.29     Resource consent compliance with timeframes is up from the first six months of the year (96%) to averaging 99% for this last half of the year. The total number of consents issued for the year was 350 (2 more than last year). Some of the consents issued in the last six months were the redevelopment of the Whareama aged cared facility in Stoke, removal of a heritage building in Trafalgar Street, erosion control works in the Lud Valley, and a 163 residential lot subdivision for the Bayview Special Housing Area.

5.30     The harbourmasters had a busy summer conducting around 350 safety checks in two and a half months and totalling over 1100 checks for the year. The results are positive with 93% of boaties wearing lifejackets (improving from 81% last year) and 97% had a form of waterproof communication (up from 69% last year). A new brochure has helped with educating boaties on safety measures. 325 boats have been registered.

5.31     The harbourmasters have also been involved in four “No Excuses” days with Maritime NZ officers, taking safety workshops, supporting events, training with the Coastguard and helping scientists identify whales (Arnoux’s Beaked whales).


5.32     The number of responses required for dog control matters declined over the period, likely due to officers educating owners as well as owners being home more due to the lockdown period. Noise incidents have increased, also likely to be a result of people being at home more. Food verifications and alcohol inspections that could not occur during lockdown are being caught up on. More freedom camping vehicles were checked compared to last year with a higher compliance rate than previous years.  This may be in part due to some additional funding (from Central Government) resulting in increased enforcement and ambassador patrols over the busy summer months.

Strategic Direction and Focus

5.33     New staff in the Resource Consents team (senior planner (subdivisions) and planner) are assisting to lessen the use of external consultants except where there is a conflict of interest. Training for this team scheduled for August, will improve processes so they are streamlined, fit for purpose and the applicant experiences a quality customer friendly service.

            Risks and Challenges

5.34     Four LTP measures covering dog and animal control, food safety and public health, alcohol licensing and pollution response were identified last financial year as not being measured in a manner that met Audit requirements.  Officers have been working on the difficulties with current data systems to capture and report on these activities.  Further work is being undertaken urgently this month.



Draft Nelson Testing and Preparation for Public consultation

5.35     The focus for the quarter was updating the Draft Nelson Plan, and engaging in key stakeholder consultation.  The early engagement with key stakeholders has enabled the Environmental Planning team to informally work with end-users of the Plan.

5.36     Public consultation on the Nelson Plan is scheduled for later in 2020.

5.37     Further development of sections of the Nelson Plan continues, particularly in relation to flood and coastal hazard mapping; land instability mapping; significant natural area data; Heritage and Protected tree assessments; E-Plan testing; Airport zone controls and designation, among others.

5.38     Staff have also been considering implications of the Resource Management Amendment Act 2020 that came into force on 30 June 2020; and provided input on a submission to the Ministry for the Environment on proposed changes to the National Environmental Standards for Air Quality. 

Dog Control Policy and Bylaw

5.39     259 Submissions on the Dog Control Policy and Bylaw were received, with a hearing by the Environment Committee held via Zoom on 21 April. Deliberations were conducted on 28 May, with decisions to approve the Policy and Bylaw made on 4 June.

Urban Environment Bylaw

5.40     The Urban Environment Bylaw is due for review, in accordance with the Local Government Act 2002. The review has been initiated by a decision of the Environment Committee on 28 May 2020. The next key milestone for this review is a workshop with Councillors on the scope of the review.

Nelson Tasman Land Development Manual (NTLDM)

5.41     A series of corrections and minor changes to the NTLDM are being scoped by NCC and TDC staff, in conjunction with local representatives from the surveying and engineering institutes. This work is being undertaken to improve the clarity and useability of the NTLDM. A report to Council will be forthcoming on potential changes.

Strategic Direction and Focus

5.42     The focus for the remainder of the year will be on:

1.  Producing the Draft Nelson Plan for the purpose of public engagement, and continuing to work on areas of the Draft Plan that remain incomplete, including the mapping of flood and coastal hazards.

2. Reviewing the Urban Environment Bylaw.

5.43     Engagement on the coastal and freshwater flooding is anticipated for early 2021.

            Risks and Challenges

5.44     There are risks to the timing of the Nelson Plan project. Ongoing changes to the Resource Management Act, delays in production of National Policy documents (e.g. NES Air Quality) and uncertainty around the scale of community feedback are risks.



            Air Quality

5.45     There were no exceedances of the National Environmental Standards for Air Quality (NESAQ) during the last 12 months. This is the first time since monitoring began in 2001.

Graph above: St Vincent Street – PM10 daily averages – last 12 months

Graph above: Blackwood Street – PM10 daily average – last 12 months

5.46     The Air Quality behaviour change programme is ongoing.

5.47     Smoke patrols started on 2 June 2020 with three week day patrols covering both morning and evenings plus a two hour patrol on both Saturdays and Sundays. The number of persistent smoky fires detected is similar to previous years.

5.48     Council submitted on the draft amendments to the National Environmental Standard for Air Quality. The submission supported the use of a PM2.5 measure, but not the proposed daily average limit.

            Healthy Streams

5.49     The routine cyanobacteria toxic algae monitoring programme was completed with moderate levels (20% cover) occurring in November and January.

5.50     The summer recreational bathing monitoring programme reported ten exceedances; five were at the Maitai at Collingwood Street Bridge.

5.51     Rural water restrictions were enforced between February and April 2020. Between January and April, rainfall totals across Nelson were 50%-60% lower than long term averages. River flows reached Five year seven day low flow values in March. The hydrology monitoring site on the Maitai River North Branch was upgraded so that real time data can be telemetered from this site back to the office.

5.52     Winter freshwater fish surveys for inanga, koaro and banded kokopu were undertaken from May-July with new koaro spawning sites found upstream of the Maitai reservoir and the Roding weir. A project is in progress with GIS and the Whakatū Nelson Plan teams to map fish spawning habitat.

Coastal and Marine

5.53     Reports on the Nelson Haven and Delaware Estuary habitat assessments were completed. A broadscale survey of the Waimea Estuary (jointly with TDC) was completed with a report due in August 2020. This assessment monitors extent and condition of estuarine habitats, for example salt marsh and sea grass.

5.54     Nelson Nature planted almost 3,000 native plants on the estuarine margin of the Waimea Inlet this year. The plants were partly funded by the One Billion Trees fund and are the second year of a collaborative project focused on the Waimea Inlet by Council, Tasman District Council, Tasman Environmental Trust and The Department of Conservation.

Nelson Nature Programme

5.55     The Environmental Grant Scheme was introduced in August 2019 to support groups and individuals working to improve the health of Nelson’s natural environment. There were three funding rounds in the scheme, and 75 applications were received, requesting a total of $496,521. Sixty-one groups or individuals were successful with full or part funding for their applications, with a total of $314,214 grants awarded from the Nelson Nature, Healthy Streams and Sustainable Land Management programmes.

5.56     In 2019-20 the grants supported individuals and groups to control pests and monitor the environment; fence, weed and plant riparian edges; protect and restore wetlands; manage highly erodible land; protect and restore important biodiversity corridors; and increase knowledge about Nelson’s special native plants. Feedback from applicants on the new grants scheme has been overwhelmingly positive.

5.57     The Nelson Halo Predator Trapping Guide was launched in March to help community groups and landowners to plan predator control projects in the Nelson Halo. There are now more than 20 groups trapping predators to protect wildlife in the Nelson Halo. Nelson Nature provides support to these groups with planning, practical advice, mapping, networking and funding.

5.58     Nelson Nature and Parks & Reserves combined annual weed control programme was completed in the Maitai & Roding Conservation Reserves. Highlights this year included expansion of the area of native forest under control for weeds like old man’s beard and an additional 100 ha of the mineral belt under control for heath and gorse. The heath and gorse extension was enabled by a $40,000 grant from Nelson Tasman Forest and Bird. Wilding conifer control was focused on surveillance, so conifers can be controlled before they are able to produce seed.

5.59     A survey to understand possum densities in the Maitai, Roding and Marsden Valley Conservation Reserves was completed in May. Possums were found to be moderately high in all areas with native forests, but rare in the mineral belt. The information is being used to determine options for future control. Damaged shells have shown that possums are the main predator of the threatened giant snail unique to the area. Possums will also be having an impact on the forest canopy.

5.60     Significant Natural Areas (SNAs) are sites that have been identified as holding particularly high biodiversity values. There are roughly 165 confirmed SNA sites in Nelson, with 90% of sites occurring on private land. In total, 24 sites are currently involved in the non-regulatory SNA support programme, including 21 actively supported over 2019/20.

5.61     Nelson Nature co-hosted a Nelson Tasman Urban Restoration workshop with Tasman District Council and People, City and Nature researchers in March Researchers presented the latest national science on urban ecology and connecting urban New Zealanders to nature. Approximately 100 people attended.

Sustainable Land Management Programme

5.62     MPI granted NCC a total of $1.2 million over four years (2019-2023) to support landowners on hill country, both pastoral and harvested forestry land, to achieve improved biodiversity outcomes and conservation of soil through erosion management.  During 2019-2020, over 51,000 trees were planted – 23,000 of which were planted on NCC retired forestry land; landowners who are owners of small woodlots were supported through a series of virtual workshops to develop Forestry Environment Plans; and a Top of the South Council/Iwi collaboration project was initiated with iwi owners of forestry in the wider region to help achieve improved economic and environmental outcomes for this land.  A copy of the Annual Report provided to MPI for this first year is attached as attachment 3 (A2415060).


5.63     A report on the 2019/20 Biosecurity Operational Plan will be presented to a future meeting of the Committee. Field work was put on hold during the period of COVID-19 lockdown, recommencing on 29 April 2020.

5.64     Two rounds of the Council’s annual dive survey of vessels, piles and pontoons in the Nelson marina and moorings for Mediterranean fanworm (Sabella spallanzanii) occurred in November 2019 and June 2020. Sabella were found at four sites, two on marina pontoons near the original infestation found in 2013, and two on vessels. These infestations were removed.

5.65     The Taiwan cherry tree removal programme resulted in control of 63 mature and six juvenile trees, and many seedlings. These were mainly in the Atawhai/Dodson Valley area where many were originally planted, creating dense areas of seedlings in some areas, with some mature trees also being removed throughout the city.

5.66     An aquatic pest plant identification and management course in February was attended by 23 people from the three top of the south Councils, DoC, contractors and community organisations

Environmental education

5.67     During lockdown, the Enviroschools programme ran a Backyard Bioblitz which involved the recording of observations of any living things using the iNaturalist app on a device or through the website. There were 1543 observations, 692 species, 197 identifiers and 179 observers. The most observed species was the South African Preying Mantis Miomantris caffra tied with Myrtle Rust Austropuccinia psidii, which are both widespread invasive pest species.

Heritage Project Fund 2019/2020

5.68     16 grants were allocated in July 2019. 11 projects were completed and paid in full by 30 June 2020. One applicant chose to not to proceed and withdrew, four started their projects but were unable to complete the work due to COVID-19 impacts. These four outstanding grant agreements will be funded out of the 2020/2021 allocation. 

Strategic Direction and Focus

5.69     The position of Coastal and Marine Scientist was filled in June 2020, and will allow an increased focus on the Coastal and Marine monitoring programme and engagement with other key stakeholders in Tasman Bay.

5.70     Planning is underway to respond to the updated National Policy Statement for Freshwater (NPS-FM), and the National Environment Standard for Freshwater (Freshwater NES). These policies contain additional monitoring requirements.

5.71     Consideration is also being given to the proposed management and monitoring requirements for biodiversity under the draft National Policy Statement for Indigenous Biodiversity (NPS-IB). This NPS is likely to significantly increase the statutory requirements on regional councils relating to the management and protection of indigenous biodiversity

Risks and Challenges

            Biosecurity: Water Celery in Stoke Streams

5.72     Water celery remains a problem in Stoke streams.  The Science and Environment Team is working jointly on the problem with the Infrastructure Team.  A resource consent application has been lodged to enable effective long-term control of this aquatic pest plant.

Biosecurity: Gambusia trial

5.73     The invasive pest fish Gambusia, listed for eradication in the Tasman-Nelson Regional Pest Management Plan, has been present in the top of the South Island since 2000, with populations expanding around Nelson and Tasman in recent years. It is present in a number of Stoke streams. The Department of Conservation is leading control of this fish and Council staff will be assisting in a trial to remove it from Maire Stream by hand-netting during August 2020.

Biosecurity: Sabella incursions

5.74     Two Sabella incursions were found on a moored vessel that arrived in Nelson in September from Thames - this vessel was required to be lifted and cleaned before leaving the Haven. The other vessel was a catamaran on a berth in Nelson marina that arrived from the Bay of Islands in April which had approximately 20 fanworms in outboard cavities – this vessel was treated in-water. This work highlights the value of regular surveillance to reduce the threat of Sabella establishing from vessels coming to Nelson from other regions and the need for national pathway controls.

Eco-design Adviser service

5.75     Increasing pressures and requirements for the Air Quality programme have resulted in reduced delivery of the Eco-design Adviser service, despite increasing community demand.

6.       Legal Proceedings Update

6.1       Prosecutions are occurring for a dog on dog attack incident (Newlands) and for an owner failing to ensure their dog is muzzled in public (LeFranz). In the Newlands case a declaratory judgement decision to strike out the application is being appealed to the Supreme Court with the trial for the incident hearing postponed until the appeal is resolved.

6.2       Ms LeFranz pled guilty on 3 June and an exceptional circumstances hearing is scheduled for 4 August.

6.3       Environment Court mediation has resulted in interim enforcement orders issued by the Court following a slip caused by unauthorised earthworks in Farleigh Street. Final enforcement orders are likely to be issued soon.

6.4       Applications lodged under the Marine and Coastal Area applications (MACA) by Cletus Maanu Paul and Rihari Dargaville over all of NZ in which Nelson City Council was an interested party, have been struck out by the High Court in judgements issues on 11 and 12 August.  There is no update on other MACA applications. 


Author:           Clare Barton, Group Manager Environmental Management



Attachment 1:    A2367256 - Building and Consents and Compliance statistics 1 Jan - 30 Jun 2020

Attachment 2:    A2433854 - Quarterly Reporting Performance measures - Environmental Management - 2020

Attachment 3:    A2415060 - Hill Country Erosion Project: Sustainable Land Nelson City Council - End of Year Project Report June 2020

Attachment 4:    A2282783 - Quarterly Report - Project data and health - Evironmental Management 2019-20



Important considerations for decision making

1.   Fit with Purpose of Local Government

This quarterly report identifies the performance levels of regulatory and non-regulatory functions that seek to provide for healthy and safe communities and natural environments.

2.   Consistency with Community Outcomes and Council Policy

The Council’s Long Term Plan includes performance measures for various activities and this report enables the Council to monitor progress towards achieving these measures.

The Environmental Management work programme addresses the following community outcomes:

Our unique natural environment is healthy and protected.

Our urban and rural environments are people friendly, well planned and sustainably managed.

Our infrastructure is efficient, cost effective and meets current and future needs.

Our communities are healthy, safe, inclusive and resilient.

Our communities have opportunities to celebrate and explore their heritage, identity and creativity.

Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

Our region is supported by an innovative and sustainable economy.

3.   Risk

Increased national direction (National Policy Statements) has the potential to impact on work programmes, budgets and statutory timeframes.

4.   Financial impact

No additional resources have been requested. 

5.   Degree of significance and level of engagement

This matter is of low significance.

6.   Climate impact

    Information gained through the provision of regulatory and non-

    regulatory services will assist Council to take appropriate action or

    advocate for others to take action to address the impacts of climate  


7.   Inclusion of Māori in the decision making process

No consultation with Māori has been undertaken regarding this report.

8.   Delegations

The Environment Committee has the following delegation: 

Areas of Responsibility:

·    Building control matters

·    Environmental regulatory matters

·    Environmental science matters

·    Environmental programmes

·    The Nelson Plan



The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies. 


NB: City Centre reports are reported to Council.


Item 8: Environmental Management Group - Quarterly Report: Attachment 1

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Item 8: Environmental Management Group - Quarterly Report: Attachment 2

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Item 8: Environmental Management Group - Quarterly Report: Attachment 3

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Item 8: Environmental Management Group - Quarterly Report: Attachment 4

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