Notice of the ordinary meeting of the

Governance and Finance Committee

Kōmiti Mana Ārahi, Ahumoni Hoki Date:		Thursday 15 October 2020
Time:		10.00a.m.
Location:		Council Chamber, Civic House
			110 Trafalgar Street
			Nelson

Agenda

Rārangi take

Chair                Cr Rachel Sanson

Deputy Chair   Cr Gaile Noonan

Members         Her Worship the Mayor Rachel Reese

                         Cr Yvonne Bowater

                         Cr Trudie Brand

                         Cr Mel Courtney

                         Cr Kate Fulton

                         Cr Judene Edgar

Cr Matt Lawrey

Cr Brian McGurk

Cr Rohan O’Neill-Stevens

                         Cr Pete Rainey

                         Cr Tim Skinner

John Murray

John Peters

Pat Dougherty

Chief Executive

Quorum: 2

 

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.


Governance and Finance Committee - Delegations

Areas of Responsibility:

·                Business, economic development and tourism in Nelson

·                Bylaws, within the areas of responsibility

·                Communications and Engagement Strategy

·                Events Strategy

·                Oversight of Forestry matters

·                Governance of Nelson City Council Controlled Organisations, Nelson City Council Controlled Trading Organisations, and Council Organisations

·                Council’s financial performance

·                Oversight of Audit and Risk Subcommittee matters

·                Property matters, including the management, monitoring of and maximisation of Council’s property portfolio

·                Rating systems and policies

·                Residents’ Survey

Delegations:

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

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 and the Financial Strategy

·                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

·                 Decisions regarding significant assets


Governance and Finance Committee

15 October 2020

 

 

Page No.

 

1.       Apologies

1.1      Apologies have been received from Councillor J Edgar (on Council business) and Mr J Peters

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      27 August 2020                                                                            7 - 16

Document number M13082

Recommendation

That the Governance and Finance Committee

1.    Confirms the minutes of the meeting of the Governance and Finance Committee, held on 27 August 2020, as a true and correct record.

6.       Chairperson's Report 

7.       Recommendation from the Audit Risk and Finance Subcommittee 17 September 2020                            17 - 23

Document number R21348


 

Recommendation

That the Governance and Finance Committee

1.    Approves the revised Health and Safety Governance Charter (A2288754), subject to signoff by the Chair of the Audit and Risk Subcommittee.

 

8.       Nelson City Council Residents' Survey 2020               24 - 86

Document number R19197

Recommendation

That the Governance and Finance Committee

1.    Receives the report Nelson City Council Residents' Survey 2020 (R19197) and its attachment (A2450847); and

2.    Notes the 2020 Residents’ Survey results (A2450847) will be communicated to the public through Our Nelson and Council’s website.

 

9.       Nelson Municipal Band Trust - Council Controlled Organisation Exemption                                                                87 - 97

Document number R19194

Recommendation

That the Governance and Finance Committee

1.    Receives the report Nelson Municipal Band Trust - Council Controlled Organisation Exemption (R19194) and its attachments (A1801559 and A2451495); and

2.    Approves an exemption to the Nelson Municipal Band Trust for the purposes of Section 6(4)(i) of the Local Government Act 2002, in accordance with Sections 7(3) and 7(6) of the Act and after considering the matters in Section 7(5) of the Act.

 

 

10.     The City of Nelson Civic Trust - Council Controlled Organisation Exemption                                                               98 - 114

Document number R20328

Recommendation

That the Governance and Finance Committee

1.    Receives the report The City of Nelson Civic Trust - Council Controlled Organisation Exemption (R20328) and its attachment (A983315); and

2.    Approves an exemption to the City of Nelson Civic Trust for the purposes of Section 6(4)(i) of the Local Government Act 2002, in accordance with Sections 7(3) and 7(6) of the Act and after considering the matters in Section 7(5) of the Act.

 

       

CONFIDENTIAL Business

11.     Exclusion of the Public

Recommendation

That the Governance and Finance 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: 


 

 

 

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

Governance and Finance Committee Meeting - Confidential Minutes - 27 August 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·   Section 7(2)(i)

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

2

Nelmac Director Re-appointment

 

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

3

Nelmac Director Appointment

 

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

 

 

 

  


Governance and Finance Committee Minutes - 27 August 2020

 

 

 

 

 

 

Minutes of a meeting of the Governance and Finance Committee

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

On Thursday 27 August 2020, commencing at 10.07a.m.

 

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

In Attendance:    Group Manager Strategy and Communications ( N McDonald), Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Governance Adviser (E-J Ruthven), and Governance Support (K McLean)

Apology:             Councillor K Fulton

 

Karakia Timatanga

Committee members gave a karakia timatanga.

 

1.       Apologies

Resolved GF/2020/025

 

That the Governance and Finance Committee

1.    Receives and accepts an apology from Councillor Fulton.

Sanson/Edgar                                                                               Carried

 

2.       Confirmation of Order of Business

The Chairperson noted that the order of business would change to accommodate external presenters joining the meeting via zoom. 

Attendance:  Councillor Skinner joined the meeting at 10.11a.m.

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      21 May 2020

Document number M9874, agenda pages 9 - 20 refer.

Resolved GF/2020/026

 

That the Governance and Finance Committee

1.    Confirms the minutes of the meeting of the Governance and Finance Committee, held on 21 May 2020, as a true and correct record.

Courtney/Murray                                                                          Carried

6.       Recommendations from Committees

6.1     Audit and Risk Subcommittee - 21 May 2020

6.1.1   Draft Internal Audit Plan for year to 30 June 2021

Resolved GF/2020/027

 

That the Governance and Finance Committee

1.    Approves the Draft Annual Internal Audit Plan for the year to 30 June 2021 (A2357411).

Peters/Noonan                                                                                 Carried

6.2     Audit and Risk Subcommittee - 11 August 2020

6.2.1   Bad Debt Writeoff - Year Ending 30 June 2020

Resolved GF/2020/028

 

That the Governance and Finance

1.    Approves the balance of $20,462.37 excluding GST owing by Concrete & Metals Ltd be written off as at 30 June 2020.

Peters/Noonan                                                                                 Carried

7.       Chairperson's Report

Document number R18125, agenda pages 21 - 24 refer.

The Chairperson presented her report. 

She noted that Chief Executive of Nelson Airport, Rob Evans, had recently announced his resignation.  She acknowledged his work in bringing the new airport terminal through to completion and his leadership through the challenging COVID-19 period.

Councillor Sanson answered questions regarding social outcomes through procurement decisions, and there was a discussion regarding the living wage.

The meeting was adjourned from 10.28a.m. to 10.30a.m.

Point of order:  Points of order were raised by Councillor Lawrey and her Worship the Mayor against Councillor Skinner under Standing Orders 24.2(b) and 24.2(d), that disrespectful language had been used and statements had been misrepresented.  The points of order were upheld.

Resolved GF/2020/029

 

That the Governance and Finance Committee

1.    Receives the report Chairperson's Report (R18125).

Edgar/Noonan                                                                              Carried

 

8.       Carry Forwards 2019/20 (agenda item 9)

Document number R18189, agenda pages 73 - 81 refer.

Manager Finance, Clare Knox, presented the report.

Resolved GF/2020/030

 

That the Governance and Finance Committee

1.    Receives the report Carry Forwards 2019/20 (R18189) and its attachment (A2436022).

Courtney/Rainey                                                                           Carried

Recommendation to Council GF/2020/031

 

That the Council

1.    Approves the carry forward of $1.3 million unspent capital budget for use in 2020/21; and

2.    Notes that this is in addition to the carry forward of $7.8 million approved during the 2020/21 Annual Plan, taking the total carry forward to $9.1 million; and

3.    Approves the carry forward of $73,000 unspent capital budget to future years, for consideration in the Long Term Plan 2021-31; and

4.    Notes total savings and reallocations in 2019/20 capital expenditure of $1.0 million including staff time; and

5.    Notes that the total 2020/21 capital budget (including staff costs and excluding consolidations and vested assets) will be adjusted by these resolutions from a total of $57.1 million to a total of $58.4 million; and

6.    Approves the carry forward of $122,000 unspent operating budget for use in 2020/21.

Courtney/Rainey                                                                           Carried

 

10.     Governance and Finance Committee End of Year Report to 30 June 2020

Document number R18178, agenda pages 82 - 116 refer.

Manager Strategy, Mark Tregurtha, presented the report.  Along with Manager Finance, Clare Knox, Group Manager Corporate Services, Nikki Harrison, and Group Manager Community Services, Roger Ball, he answered questions regarding:

·    The allocation of staff costs against different activities;

·    Timing of a review of marina activities;

·    The review of the Joint Appointments policy being undertaken by Tasman District Council, and how Nelson City Council views would feed into this;

·    Progress on the appointment of a business adviser to the Nelson Centre for Musical Arts; and

·    Performance measures in relation to economic activity targets.

Resolved GF/2020/032

 

That the Governance and Finance Committee

1.    Receives the report Governance and Finance Committee End of Year Report to 30 June 2020 (R18178) and its attachments (A2434210, A2429786, A2429702, A2429514, and A2445782).

McGurk/O'Neill-Stevens                                                                 Carried

The meeting was adjourned from 10.57a.m. to 11.04a.m.

8.       Nelson Regional Development Agency Statement of Intent 2020/21

Document number R18169, agenda pages 25 - 72 refer.

Nelson Tasman Economic Portfolio Manager, Jessica Bensemann, presented the report, and Nelson Regional Development Agency (NRDA) Chief Executive, Mark Rawson, and Board Chair, Meg Matthews, joined the meeting via audio-visual link. 

Mr Rawson and Ms Matthews answered questions regarding:

·    NRDA work in leading Project Kōkiri, to assist the region’s recovery from COVID-19;

·    addressing the impact of COVID-19 on women, youth and Māori in the region through Project Kōkiri;

·    how the end of the wage subsidy would affect the Project Kōkiri workstreams;

·    improving alignment and communication between the NRDA and the Councils, to clarify the matters on which the NRDA should be focusing;

·    The updated budget, including central government contributions, and whether a cash injection was required;

·    Performance measures in the Statement of Intent for the targeted business recovery and regenerated accelerator programme focus area;

·    Productivity challenges for the region, and potential innovations under consideration; and

·    The national Tourism Industry Aotearoa Sustainability Pledge and benchmarking of carbon emissions in the tourism industry.

Resolved GF/2020/033

 

That the Governance and Finance Committee

1.    Receives the report Nelson Regional Development Agency Statement of Intent 2020/21
 (R18169) and its attachment (A2434416); and

2.    Agrees that the Nelson Regional Development Agency Statement of Intent 2020/21 meets Council’s expectations and is approved as the final Statement of Intent for 2020/21.

Her Worship the Mayor/Edgar                                                        Carried


The meeting was adjourned from 11.44a.m. to 11.52a.m, during which time Councillors Skinner and Edgar left the meeting. 

11.     Bishop Suter Trust - Adoption of Final Statement of Intent

Document number R18092, agenda pages 117 - 158 refer.

Group Manager Community Services, Roger Ball, presented the report, and Suter Art Gallery Director, Julie Catchpole, and Bishop Suter Trust Board member, Gabrielle Hervey, joined the meeting via audio-visual link.

Attendance:  Councillor Edgar returned to the meeting at 11.54a.m.

Ms Catchpole and Ms Hervey answered questions regarding:

·    Suter Gallery visitor numbers following the COVID-19 lockdown period;

·    The investment risk profile for investments of donated funds;

·    Measuring sustainability and emissions baselines and monitoring of energy use;

·    Implementation of the plan to make the collection accessible and searchable;

·    Treatment of donated artwork as income;

·    How to quantify volunteer hours at the gallery;

·    The Trust’s movement towards bringing all employees up to a living wage; and

·    Developing a risk management position to protect Council’s position should the Trust ever be wound up.

Resolved GF/2020/034

 

That the Governance and Finance Committee

1.    Receives the report Bishop Suter Trust - Adoption of Final Statement of Intent (R18092) and its attachments (A2315613 and A2351670); and

2.    Notes the delivery of the Bishop Suter Trust’s final Statement of Intent 2020/25 as required under the Local Government Act 2002; and

3.    Approves the final Statement of Intent of the Bishop Suter Trust for 1 July 2020 to 30 June 2025.

Noonan/Courtney                                                                          Carried

       

12.     Exclusion of the Public

Attendance:  Councillor Rainey left the meeting at 12.17p.m.

Resolved GF/2020/035

 

That the Governance and Finance 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:

O'Neill-Stevens/Edgar                                                                     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

Governance and Finance Committee Meeting - Public Excluded Minutes -  21 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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·      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)

2

The Bishop Suter Trust - Trustee Rotation and Remuneration

 

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·   Section 7(2)(i)

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

3

Director reappointment for Nelson Airport Limited

 

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

4

Director reappointment for Port Nelson Limited

 

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

5

Nelmac Limited final Statement of Intent 2020/21

 

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)

6

Directors remuneration 2020 - Nelmac Limited

 

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 12.19p.m. and resumed in public session at 2.10p.m.

Karakia Whakamutunga

Committee members gave a karakia whakamutunga.

 

Restatements

 

It was resolved while the public was excluded:

 

1

PUBLIC EXCLUDED: The Bishop Suter Trust - Trustee Rotation and Remuneration

 

That the Governance and Finance Committee

5.      Agrees that the decisions only be released from public excluded business once the 2020 Suter Annual General Meeting has taken place.

 

2

PUBLIC EXCLUDED: Director reappointment for Nelson Airport Limited

 

That the Governance and Finance Committee

3.      Agrees that the decisions only be released from public excluded business once the 2020 Nelson Airport Limited Annual General Meeting has taken place.

 

3

PUBLIC EXCLUDED: Director reappointment for Port Nelson Limited

 

That the Governance and Finance Committee

3.      Agrees that the decisions only be released from public excluded business once the 2020 Port Nelson Limited Annual General Meeting has taken place.

 

5

PUBLIC EXCLUDED: Directors remuneration 2020 - Nelmac Limited

 

That the Governance and Finance Committee

4.      Agrees that the decisions only be made publicly available once the 2020 Nelmac Annual General Meeting has taken place.

  

 

There being no further business the meeting ended at 2.10p.m..

 

Confirmed as a correct record of proceedings:

 

 

 

                                                       Chairperson                                     Date

        

 

 


 

Item 7: Recommendation from the Audit Risk and Finance Subcommittee 17 September 2020

 

Governance and Finance Committee

15 October 2020

 

 

REPORT R21348

Recommendation from the Audit Risk and Finance Subcommittee 17 September 2020

     

 

 

 

 

1.       Recommendation

That the Governance and Finance Committee

1.    Approves the revised Health and Safety Governance Charter (A2288754), subject to signoff by the Chair of the Audit and Risk Subcommittee.

 

 

 

 

Attachments

Attachment 1:   A2288754 - Revised Health and Safety Governance Charter

   


Item 7: Recommendation from the Audit Risk and Finance Subcommittee 17 September 2020: Attachment 1

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Item 8: Nelson City Council Residents' Survey 2020

 

Governance and Finance Committee

15 October 2020

 

 

REPORT R19197

Nelson City Council Residents' Survey 2020

     

 

1.       Purpose of Report

1.1      To provide the results of the 2019-2020 Residents’ Survey.

2.       Summary

2.1      The Residents’ Survey provides a snapshot of Nelson residents’ satisfaction with services provided by Council and feedback on some behaviours.  This year featured the longer survey that captures a greater depth and range of information so that results can be incorporated into activity management plans and the draft Long Term Plan.  

2.2      Residents show a higher overall level of satisfaction than previous years.  Council’s role in the COVID-19 response may play a part in this increased satisfaction, with Council undertaking an active role in community support and communication around the survey periods. Improvements in satisfaction and participation were noted in areas of three waters, transport, and composting.  Continued declines in participation rates at Council events were reported, however alternative methods for measuring success of events are being considered.    

 

3.       Recommendation

That the Governance and Finance Committee

1.    Receives the report Nelson City Council Residents' Survey 2020 (R19197) and its attachment (A2450847); and

2.    Notes the 2020 Residents’ Survey results (A2450847) will be communicated to the public through Our Nelson and Council’s website.

 

 

4.       Background

4.1      Nelson City Council has been undertaking a survey of residents’ views on a range of services delivered by Council for many years. The survey’s purpose is to provide Council with impartial and representative information on resident satisfaction levels. This information is used to inform the development of Activity Management Plans, Long Term Plans and to report on the achievement of targets set for levels of service. Where possible, results include a comparison to previous years’ surveys. 

4.2      This year’s survey was undertaken by Research First.  This year was the full Residents’ Survey, which is carried out every three years in order to support preparation of the Long Term Plan. 

4.3      A 20 minute telephone survey was carried out with a representative sample of 402 Nelson residents in March and June 2020.  The timing was split to gain a more even spread across the year.  It is important to note that this survey was carried out during the time that COVID-19 restrictions were in place.  The impact of this means that for the period from March – June 2020, people’s movement and ability to visit or participate in a range of Council services was restricted.  The survey results suggest some impact on participation or satisfaction rates due to COVID-19 restrictions, but this is not considered significant.

4.4      A quota system was used to ensure the sample was representative of Nelson population by gender, age and area. This year a randomised cellphone database (25% of respondents) was also used to ensure that the sample was not biased to those without landlines. The survey has a margin of error of +/- 4.9% at the 95% confidence level.

4.5      Questions are generally based on a five point level of satisfaction scale with some open-ended questions to provide additional context.  Key Driver Analysis has been introduced this year to identify which areas most impact on satisfaction and therefore were key drivers to overall satisfaction. 

4.6      The Residents’ Survey provides results for a number of performance measures set in the 2018-28 Long Term Plan (LTP). These results will be included in the Annual Report 2019-20.

5.       Discussion

Council’s response to COVID-19 recognised by community

5.1      Nearly two-third of Nelson residents are satisfied overall with Council performance.  This is significantly higher than in 2017, and the highest level of satisfaction in the last six years.  One quarter are neutral and one in ten are dissatisfied. Respondents who have lived in Nelson more than ten years and those from Nelson North are less satisfied in general.  Residents who are satisfied primarily mention that they feel Council is doing a good job/doing its best, and has good management and strategy. 

5.2      Council has met half of the Key Performance Measures that are routinely measured within the Residents’ Survey.  Council met targets for user satisfaction levels for facilities, proportion of community composting, and satisfaction with opportunities to provide feedback.  Attendance targets for key events were not met, nor was the target of 20% of all journeys to work being by active transport.

5.3      The following paragraphs summarise, by activity, respondents’ satisfaction with, or participation in, Council services.

          A drop in participation rates but high levels of satisfaction

5.4      Use of library and Suter Art Gallery facilities remain trending downwards. Outdoor facilities are among the most used Council supported facilities with over 70% of respondents using walking tracks, parks and beaches.  User satisfaction is high and stable for these services and is above target for 2019/20 with over 90% satisfaction for the library, over 80% for the Suter and over 80% for parks and recreation.  There was a significant drop in attendance rates to the Suter Art Gallery in this year’s survey. This drop is likely to be attributed to the COVID-19 restrictions in place since March 2020, which led to no access to either libraries or the gallery during Levels 4 and Level 3. 

5.5      Attendance at Council events continued a downward trend with a corresponding upward trend in the proportion of people who have attended no events.  All events covered in the survey occurred prior to COVID-19 restrictions, and so this has not had an impact on the results.  Performance measures for the events were generated in 2014 when attendance was exceptionally high.  Council’s events programme is being reassessed via the Arts, Heritage and Events AMP, and officers are also considering other mechanisms to better measure the success of events in addition to the Resident’s Survey.

Event

Current performance target

2019-20 Result

Summer festival

53%

41%

Masked Parade

44%

23%

Arts Festival

31%

16%

Opera in the Park

30%

22%

Not much movement in Nelson’s transport modes

5.6      The main mode of transport to get to work has remained relatively consistent overtime. Driving a motor vehicle remains overwhelmingly the main transport mode for people to get to work with three-quarters of people using this form.  Active modes of transport (if ‘Other’ scooters/skate boards are included) are at 18% this year, just below the target of 20%. Use of bus public transport was 0.4%, a drop from 3% from the previous year.  Given the small proportion of people taking the bus, it is not possible to determine if this is a statistically significant drop. Active transport and bus usage was slightly higher in the first wave of interviews in March than the total average across the year. This could reflect some respondents not accurately reporting their main mode of transport over the entire year if many people were working from home during lockdown and not taking the bus or walking to work.  

5.7      Bus patronage ticketed numbers has been increasing over the last two years, with 409,500 passengers in the year to February 2018, 413,300 to February 2019, and 421,500 to February 2020. There have been significant improvements to the bus services recently including a reduction in fares, and the introduction of electronic ticketing through the use of Bee cards in August. There has been a 70% uptake of electronic ticketing, which will enable these passengers to access the cheaper fares more easily.

5.8      Main barriers for using active or public transport modes remain similar to previous years and include distance, lack of suitable public transport, comfort/convenience, or needing a vehicle for work.  As in the 2018-19 survey, questions were asked regarding the perceptions of safety on the road for both driving and active transport.  Answers are similar to last year, where three-quarters of people driving feel safe, while only half feel safe through active transport.  Main reasons for feeling unsafe for both drivers and active transport include vehicle driver behaviour, road layout, and safety and extent of cycle lanes.

5.9      Overall, just over half of residents report being satisfied with the transport activity in Nelson, an increase on the previous year’s responses.  Residents who have lived in Nelson longer than ten years, or in Nelson North are less satisfied.  Satisfaction varies across specific parts of the network, with pathways, street lighting and walkways recording high satisfaction.  Roads/streets and parking have lower levels of satisfaction.  Significant shifts over time have been reductions in satisfaction with cycle lanes, footpaths and roads/streets over the last 2-3 years.  Satisfaction with public transport has been very varied over the years, and again may represent the limited number of respondents who have experience using public transport. 

5.10    Respondents were asked to provide comment on the transport activity in general.  Common responses were for: improved road layout/traffic control suggestions; improved cycle lanes/routes; improved bus service, and cheaper/more parking.  Survey results found that the most important areas for Council to focus on, given the level of importance and performance, are roads/streets, parking and public transport.

5.11    With regard to parking, the introduction of new pay by plate parking meters in June 2020 indicates a 42% decrease in free hour parking, likely due to workers parking elsewhere. This shows prioritising City Centre carparks for retail customers and shorter-term parking users generates a higher turnover of available parking.  Council will be contracting expertise in the next two months to develop a Parking Strategy for Nelson.  The Parking Strategy is anticipated to be consulted with City Centre stakeholders with the City Centre Spatial Plan from December 2020-May 2021.  Investment in public transport and active mode transport options will enable less pressure on access (congestion) and parking activities in the City Centre.

5.12    Areas for continued improvement and investment in the transport network to support sustainable transport choices have been identified. These include driver behaviour; pedestrian, cyclist and vehicle safety; the overall active transport network; public transport; and parking. Specifically, the review of the Out and About Policy, the Parking Strategy, speed management planning, and the public transport review will contribute to the development of a 10 year integrated Transport Framework to guide investment to deliver improvements to the overall transport network.

5.13    Waka Kotahi and Nelson City Council have identified a number of gaps/issues in the transport network via the investigations associated with the Nelson Future Access Project.  A number of these align with the feedback and results of this Residents’ Survey.  The Future Access Project Draft Proposal aiming to address a number of the issues is under development and will be brought to Council in late 2020. 

Composting maintaining an upward trend

5.14    The key performance indicators for waste services was that the level of composting behaviour by Nelson residents is maintained or increased on the previous year.  This was achieved in 2019-20, with small increases recorded by both food (63%) and garden (62%) waste composting.  The proportion of households composting both food and garden waste increased slightly to 53%.  A focus on home composting remains a key component of the waste minimisation programme.

Three waters flowing smoothly

5.15    Satisfaction levels for water supply, wastewater, stormwater and flood protection have notably increased in comparison to previous years. Wastewater and flood protection have increased by over 20% and water supply and stormwater have increased by 12% and 17% respectively.   The increase is considered to be due to a number of factors including ongoing renewals and upgrades programmes and additional staff resource.  The reduced number of weather events and the city not experiencing a drought in 2019/20 may have also contributed to improved satisfaction levels.

Satisfaction with provision of information

5.16    The key performance metric for this area was for an annual improvement in the percentage of residents satisfied with opportunities to provide feedback.  This was achieved with an increase from 44% to 54%. 

5.17    Just over 60% of residents have contacted the Council in the last 12 months with the most common methods being phone, a visit to the office, and council website. The majority of residents who contacted Council were satisfied, with half of these being very satisfied with how the matter was dealt with.  Residents are mainly satisfied with the quality of information Council supplies to community about activities and events, but there is less satisfaction with the Councils response to the needs of and issues raised by the community.

5.18    Council played an increased role during the survey period in providing information to the public about the COVID-19 alert levels and the impact on public services. In the June survey, there were also several verbatim comments in support of Councils approach to COVID-19 response such as free buses, communication and support to the public, and maintaining distance in buildings and streets. 

Focus on how rates are spent as COVID-19 will continue to impact the community

5.19    Around half of residents are satisfied with Council’s operations in the areas of environmental management, economic development and tourism, and community organisations and projects. For all of these areas, satisfaction levels have significantly increased from the previous year.  Less than half are satisfied with the way rates are being spent, with over 1 in 5 being dissatisfied.  This was a new question in 2020, and looks to capture residents views of the way in which rates are spent rather than their satisfaction with the service provided. 

5.20    There has been a significant increase in the proportion of residents that consider Council is heading in the right direction with respect to climate change.  It is likely that this increase is related to increased activity and promotion by Council regarding its climate change work. However, due to changes in the format of the question (related to “Don’t Know” responses), there is some degree of uncertainty with this result. Consistency in the question wording in coming years will allow for improved tracking of progress on this measure.

5.21    Residents remain consistent in the importance they place on environmental issues, with residents considering most environmental issue very important.   Water quality (streams, rivers and marine) and the coastal environment were considered of highest importance. Three quarters of residents have a plan in place to look after themselves and their families in event of a disaster.

6.       Next Steps

Results of the Residents’ Survey related to specific performance measures will be incorporated into the 2019-20 Annual Report.  Performance measures will be reviewed as part of the Long Term Plan 2021-2031 process.  The first round of interviews for the 2021 Residents’ Survey was carried out in early October 2020.

 

Author:          Jessica Bensemann, Nelson Tasman Economic Portfolio Manager

Attachments

Attachment 1:   A2450847 Nelson City Council Residents Survey 2020 Final Report

 

 

 


Item 8: Nelson City Council Residents' Survey 2020: Attachment 1

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Item 9: Nelson Municipal Band Trust - Council Controlled Organisation Exemption

 

Governance and Finance Committee

15 October 2020

 

 

REPORT R19194

Nelson Municipal Band Trust - Council Controlled Organisation Exemption

     

 

1.       Purpose of Report

1.1      To recommend an exemption for the Nelson Municipal Band Trust (the Trust) from the obligations that the Local Government Act 2002 imposes on Council Controlled Organisations (CCOs).

 

2.       Recommendation

That the Governance and Finance Committee

1.    Receives the report Nelson Municipal Band Trust - Council Controlled Organisation Exemption (R19194) and its attachments (A1801559 and A2451495); and

2.    Approves an exemption to the Nelson Municipal Band Trust for the purposes of Section 6(4)(i) of the Local Government Act 2002, in accordance with Sections 7(3) and 7(6) of the Act and after considering the matters in Section 7(5) of the Act.

 

 

3.       Background

3.1      The Nelson Municipal Band’s Trust Deed dated 14 July 2008 allows for three Trustees to be appointed to administer the Trust Fund (Attachment 1).

3.2      The current trustees are Her Worship the Mayor, Rachel Reese, a representative from the Band, David Todd, and a member of the public with interest in the Band, Gail Collingwood. The first two appointments are open ended, while Gail Collingwood’s appointment is for a fixed term.

3.3      Gail Collingwood was first appointed to the Trust Board by Council at its 10 August 2017 meeting, for a term ending in October 2019. She was subsequently re-appointed as a trustee on 5 December 2019 by the Governance and Finance Committee, for a term ending in October 2022.

3.4      The appointment of Gail Collingwood to the Trust Board changed the Trust’s obligations under the Local Government Act 2002, to those of a CCO (in which one or more local authorities control 50% or more of the voting rights or rights to appoint directors). 

3.5      Unless specifically exempted by Council resolution, a CCO is required to:

·        Prepare a statement of intent in accordance with Schedule 8 of the Act;

·        Prepare a half yearly report and an annual report;

·        Comply with Parts I to VI of LGOIMA.

3.6      While these are quite appropriate in relation to what could be termed Council businesses, they would place an unreasonable burden on the smaller, less commercially oriented organisations in which the Council has an interest, such as the Trust.

3.7      Sections 6(4)(i) and Section 7(3) of the Local Government Act (2002, the ‘Act’) provide that the Council may grant small organisations an exemption from the requirements of a CCO after considering:

·        The nature and scope of the activities provided by the organisation; and

·        The costs and benefits, if an exemption is granted, to the Council, the Council Controlled Organisation, and the community.

3.8      Section 7(6) of the Act requires that a Local Authority must review an exemption within three years after it is granted and thereafter at intervals of not more than three years.

4.       Discussion

4.1      According to the Trust’s 2020 Annual Report (attachment 2), the assets of the Trust are $49,167 with $1,150 distributed to the Band that year. Given the small size of the assets and activities of the Trust, it would appear that complying with LGA CCO requirements would place an unreasonable burden on the Trust.

4.2      The Trust can reasonably be considered a small organisation. The Trust qualifies for differential reporting exemptions as the operation is not publicly accountable, and the operation is not considered large when applying the test contained within the Framework for Differential Reporting (New Zealand Accounting Standards Framework).

Views of the Trust

4.3      The chair of the Trust, Mayor Reese and the trustees advise their support for this recommendation.

5.       Options

 

Option 1: Grant an exemption to the Nelson Municipal Band Trust

Advantages

·   Recognition that the Trust is a small organisation, resulting in removal of the burden and financial cost to the Trust of complying with the obligations imposed on CCOs by the Act.

Risks and Disadvantages

·   This will result in reduced transparency in relation to the Trust’s activities, compared to a CCO.

Option 2: Do not grant an exemption to the Nelson Municipal Band Trust

Advantages

·    No reduction in the transparency of the Trust’s Activities.

Risks and Disadvantages

·    The Trust will bear the burden of complying with the relevant schedules in the Act. This will come at a financial cost to the Trust.

6.       Conclusion

6.1      As a small organisation, it is recommended that the Trust be granted an exemption from the obligations imposed on it by the Local Government Act 2002.

 

Author:          Mark Preston-Thomas, Manager Community Partnerships

Attachments

Attachment 1:   A1801559 - Nelson Municipal Band Trust Deed

Attachment 2:   A2451495 - Nelson Municipal Band Trust Annual Return April 2020

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

This is a statutory compliance matter. This decision would save the Trust, as a small community group, unnecessary compliance costs and enables democratic local decision making and action by, and on behalf of communities.

2.   Consistency with Community Outcomes and Council Policy

The recommendation is not inconsistent with any Council policy or strategic document. It supports the Community Outcome: Our communities have access to a range of social, educational and recreational facilities and activities.

3.   Risk

This matter is of very low risk as the recommendation is addressing a statutory compliance issue.

4.   Financial impact

If Council decides that the Municipal Band Trust is not exempt, the financial costs of compliance will have to be borne by the Trust.

5.   Degree of significance and level of engagement

This matter is of low significance and therefore no community consultation has been undertaken.

6.   Climate Impact

Climate impact has not been considered in preparing this report.

7.   Inclusion of Māori in the decision making process

Māori have not been specifically consulted on this matter.

8.   Delegations

The Governance and Finance Committee has the following delegations to consider:

Areas of Responsibility:

·      Governance of Nelson City Council Controlled Organisations, Nelson City Council Controlled Trading Organisations, and Council Organisations

 

Delegations:

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

Responsibility for this decision has not been retained by Council.

 


Item 9: Nelson Municipal Band Trust - Council Controlled Organisation Exemption: Attachment 1

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Item 9: Nelson Municipal Band Trust - Council Controlled Organisation Exemption: Attachment 2

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Item 10: The City of Nelson Civic Trust - Council Controlled Organisation Exemption

 

Governance and Finance Committee

15 October 2020

 

 

REPORT R20328

The City of Nelson Civic Trust - Council Controlled Organisation Exemption

     

 

1.       Purpose of Report

1.1      To recommend an exemption for the City of Nelson Civic Trust (the Trust) from the obligations that the Local Government Act 2002 imposes on Council Controlled Organisations (CCOs).

 

 

2.       Recommendation

That the Governance and Finance Committee

1.    Receives the report The City of Nelson Civic Trust - Council Controlled Organisation Exemption (R20328) and its attachment (A983315); and

2.    Approves an exemption to the City of Nelson Civic Trust for the purposes of Section 6(4)(i) of the Local Government Act 2002, in accordance with Sections 7(3) and 7(6) of the Act and after considering the matters in Section 7(5) of the Act.

 

 

 

3.       Background

3.1      The City of Nelson Civic Trust is a Council Controlled Organisation. It was established in 1973 by the late S. I. Russell OBE, who served as Mayor of Nelson from 1956-1962. A copy of the Trust Deed is appended as Attachment 1 (A983315).

3.2      The Trust’s Board consists of 10 trustees, including the Chief Executive of Nelson City Council, who is an ex-officio trustee. All appointed trustees are volunteers and receive no remuneration for their roles.

3.3      The current trustees are:

·    Roger Nicholson (Chair): first appointed 6 November 2003, current term ends October 2021

·    Rachel Dodd: first appointed 21 February 2012, current term ends November 2020

·    Pat Dougherty (ex officio)

·    Murray Farrant: first appointed 23 February 2006, current term ends October 2021

·    Kay Hill: first appointed 22 September 2011, current term ends November 2020

·    Cathy Knight: first appointed 23 July 2009, current term ends October 2022

·    Glenn Roberts: first appointed 1 July 2010, current term ends October 2022

·    Jeremy Glasgow: first appointed 24 February 2011, current term ends October 2022

·    Nick Mason: first appointed 15 October 2015, current term ends October 2021

·    Karen Stade: first appointed 20 March 2018, current term ends April 2021

3.4      Her Worship the Mayor of Nelson City is Patron of the Trust, and Council provides accounting and secretarial support to the Trust.

3.5      The Trust currently administers a fund of approximately $900,000 which has built up over the years through gifts and bequests.  The Trust uses the interest on the fund to finance many projects around the City, in whole or in part.

3.6      Unless specifically exempted by Council resolution, a CCO is required to:

·        Prepare a statement of intent in accordance with Schedule 8 of the Act;

·        Prepare a half yearly report and an annual report;

·        Comply with Parts I to VI of LGOIMA.

3.7      While these requirements are appropriate in relation to what could be termed Council businesses, they would place an unreasonable burden on the smaller, less commercially oriented organisations in which the Council has an interest, such as the Trust.

3.8      Sections 6(4)(i) and Section 7(3) of the Local Government Act (2002, the ‘Act’) provide that the Council may grant small organisations an exemption from the requirements of a CCO after considering:

·        The nature and scope of the activities provided by the organisation; and

·        The costs and benefits, if an exemption is granted, to the Council, the Council Controlled Organisation, and the community.

3.9      Section 7(6) of the Act requires that a Local Authority must review an exemption within three years after it is granted and thereafter at intervals of not more than three years.

3.10    In March 2017 the Council granted an exemption to the City of Nelson Civic Trust and the Committee needs to decide if it wishes to grant an exemption to the Civic Trust.

3.11    Consideration of this matter has been delayed by COVID-19 and its effects on Council’s business as usual work.

4.       Discussion

4.1      The City of Nelson Civic Trust can reasonably be considered a small organisation. The Trust qualifies for differential reporting exemptions as the operation is not publicly accountable, and the operation is not considered large when applying the test contained within the Framework for Differential Reporting (New Zealand Accounting Standards Framework).

4.2      The Trust is a charitable organisation that exists to provide amenities for the enhancement of the City and the benefit of the community as a whole. The Council appoints all the trustees and provides administrative support. An independent accountant provides the financial services.

4.3      The Civic Trust is reliant on the return from investments for its income, typically in the order of $50,000 per annum.  It has limited resources to direct towards the type of administrative and financial reporting work envisaged by the Act. Meeting the CCO requirements would create more work for the trustees and reduce the level of funding available for project works.

4.4      Whilst it holds a significant level of funds, given the administrative costs of compliance; the subsequent reduction in grants available to the community if it had to meet those compliance costs; and the straightforward nature of the Trust’s activities, officers recommend that the Civic Trust continues to be recognised as a small organisation and to be exempted from the requirements of CCOs.

5.       Views of the Trust

5.1      The Chair of the Civic Trust, Roger Nicholson, advises that the Trust Board supports the recommendations in this paper.

6.       Options

6.1      Council can either grant an exemption to the City of Nelson Civic Trust or not. If it grants an exemption, it is signalling that it considers the Trust to be a small organisation which does not need to meet the reporting and monitoring requirements of a CCO.

6.2      If Council does not grant an exemption, then the Trust will have to comply with the relevant schedules in the Act. This will increase transparency in relation to the Trust’s activities but will come at a financial cost to the Trust.

 

Option 1: Grant an exemption to the City of Nelson Civic Trust

Advantages

·   Recognition that the Trust is a small organisation, resulting in removal of the burden and financial cost to the Trust of complying with the obligations imposed on CCOs by the Act.

Risks and Disadvantages

·   This will result in reduced transparency in relation to the Trust’s activities, compared to other CCOs.

Option 2: Do not grant an exemption to the City of Nelson Civic Trust

Advantages

·    No reduction in the transparency of the Trust’s Activities.

Risks and Disadvantages

·    The Trust will bear the burden of complying with the relevant schedules in the Act. This will come at a financial cost to the Trust.

7.       Conclusion

7.1      It is recommended that the Committee approves the continuation of the Civic Trust’s exemption for another three years.

7.2      The Civic Trust controls a significant amount of funds, but it does not trade and merely distributes the proceeds of its investments for the benefit of the City. As such, the administrative overhead associated with withdrawal of the exemption would simply reduce the amount distributed within the community.

 

Author:          Roger Ball, Group Manager Community Services

Attachments

Attachment 1:   A983315 - City of Nelson Civic Trust Deed - Amended August 2005

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

This is a statutory compliance matter. This decision would save the Trust, as a small community group, unnecessary compliance costs and contributes to social wellbeing of the community by maximising funding for grants.

2.   Consistency with Community Outcomes and Council Policy

The recommendation is not inconsistent with any Council policy or strategic document. It supports the Community Outcome: Our communities have access to a range of social, educational and recreational facilities and activities.

3.   Risk

 This matter is of low risk as the recommendation is addressing a statutory compliance issue and can be reviewed again in three years.  The Council has good information about the workings of the Trust because it provides administrative support and has a representative on the Board.

4.   Financial impact

If Council decides that the City of Nelson Civic Trust is not exempt, the financial costs of compliance will have to be borne by the Trust.

5.   Degree of significance and level of engagement

This matter is of low significance and therefore no community consultation has been undertaken.

6.   Climate Impact

Climate impact has not been considered in preparing this report.

7.   Inclusion of Māori in the decision making process

Māori have not been specifically consulted on this matter.

8.   Delegations

The Governance and Finance Committee has the following delegations to consider:

Areas of Responsibility:

·      Governance of Nelson City Council Controlled Organisations, Nelson City Council Controlled Trading Organisations, and Council Organisations

Delegations:

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

Responsibility for this decision has not been retained by Council.

 


Item 10: The City of Nelson Civic Trust - Council Controlled Organisation Exemption: Attachment 1

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