Minutes of a meeting of the Nelson City Council

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

On Thursday 17 December 2020, commencing at 9.00a.m.

 

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

In Attendance:     Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Acting Group Manager Environmental Management (M Bishop), Acting Group Manager Community Services (M Preston-Thomas), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne), Governance Adviser (E-J Ruthven), and Youth Councillors (W Irvine and B Robinson)

Apologies :           Nil

 

Karakia Timatanga

A karakia timatanga was given.

1.       Apologies

          There were no apologies.

            Attendance:  Councillors Lawrey and Skinner joined the meeting at 9.03a.m.

2.       Confirmation of Order of Business

Her Worship the Mayor advised that items of business may be taken out of order to accommodate external presenters.

She added that there was one minor late item and one major late item for the meeting, and the following procedural resolution needed to be passed for the major late item to be considered:

2.1      Elected Members' Remuneration (Item 16)

Resolved CL/2020/191

 

That the Council

1.       Considers the item regarding Elected Members’ Remuneration at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Her Worship the Mayor/Skinner                                                        Carried

 

3.       Interests

There were no updates to the Interests Register.

Councillor Bowater noted an interest in agenda item 6.5.2.

4.       Public Forum

4.1       Arnaud Wylie - Natural Rights

Arnaud Wylie spoke about the importance of natural rights as part of New Zealand’s constitutional framework, and a project he had underway to introduce natural rights into the New Zealand education curriculum. 

Mr Wylie provided, via PowerPoint presentation, a link to the project website, tabled a document, and answered questions.

 

Attachments

1    A2543941 - Arnaud Wylie - Power Point Presentation

2    A2544277 - Arnaud Wylie - Tabled document

4.2       5G-Free Nelson - Reference to 5G technology but primarily on the accountability and the responsibilities of public servants

Joe Rifici and Sue Grey, on behalf of 5G-Free Nelson, spoke about elected members’ responsibilities.  They noted that elected members should be well-informed regarding issues of importance to the Nelson community, and should listen to community concerns regarding issues affecting community health and wellbeing.

Mr Rifici and Ms Grey suggested legal action could be taken against elected members if Council did not act to prevent 5G technology being installed in Nelson.

Mr Rifici and Ms Grey presented a petition regarding 5G technology in Nelson.  Her Worship the Mayor received the petition, with a caveat that Standing Orders 15.1 and 15.2, relating to the presentation of petitions, had not been met in this instance.

 

Attachments

1    A2552710 - Petition cover page - please note that a full copy of the petition is available on request

5.       Confirmation of Minutes

5.1       22 October 2020

Document number M15210

It was noted that, in the division table on page 20 of the agenda, the reference to Councillor Brand in the ‘abstained’ column should be corrected to Councillor Sanson.

Attendance:  Councillor Noonan left the meeting at 9.33a.m.

Resolved CL/2020/192

 

That the Council

1.       Confirms the amended minutes of the meeting of the Council, held on 22 October 2020, as a true and correct record.

 

Courtney/Edgar                                                                                Carried

5.2       5 November 2020

Document number M15240

It was requested that the resolution concluding on page 34 of the agenda be recorded as having been ‘carried unanimously’.

Resolved CL/2020/193

 

That the Council

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

 

Courtney/Edgar                                                                                Carried

 

 

 

5.3       12 November 2020

Document number M15261, agenda pages 35 - 44 refer.

Resolved CL/2020/194

 

That the Council

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

Courtney/Edgar                                                                                Carried

 

6.       Recommendations from Committees

6.1     Infrastructure Committee - 19 November 2020

6.1.1    Infrastructure Quarterly Report

Attendance:  Councillor Noonan returned to the meeting at 9.35a.m.

Resolved CL/2020/195

 

That the Council

1.     Approves additional unbudgeted capital funding of $320,000 for the Saxton Creek upgrade (Stage 3C) to allow the works between Champion Road and Main Road Stoke to be completed, noting that unbudgeted offsetting income of $113,000 was received from external parties in 2019/20. 

McGurk/O'Neill-Stevens                                                                       Carried

6.2     Forestry Subcommittee - 1 December 2020

6.2.1    Draft 2021-31 Forestry Activity Management Plan

Chair of the Forestry Subcommittee, John Murray, and Group Manager Infrastructure, Alec Louverdis, joined the meeting. 

Mr Louverdis explained the amendments to the Draft Forestry Activity Management Plan (FAMP) that were made at the Forestry Subcommittee meeting on 1 December 2020:

·        The FAMP goal was amended to:

“The Goal of the Forestry Activity in relation to its production forests are to manage its forest estate on a sustainable basis and to maximise net present value and to implement best practice forest industry standards while protecting environmental and recreational values”

·        The FAMP introduction section had been expanded to clarify Council’s decision to retire approximately 25% of its commercial forestry following the Catalyst Group Report.

Mr Murray and Mr Louverdis answered questions regarding the interpretation of words used in the goal statement, and the financial summary.

Point of Order: Councillor Skinner raised a point of order against Councillor Sanson under Standing Order 24.2(b), that disrespectful language had been used.  The point of order was upheld.

The meeting was adjourned from 9.42a.m. to 9.44a.m.

Resolved CL/2020/196

 

That the Council

1.     Approves the amended Draft Forestry Activity Management Plan 2021-31 (A2072414) as the version to inform the Long Term Plan 2021-31; and

2.     Notes that the amended Draft Forestry Activity Management Plan 2021-31 will be updated and, the final Activity Management Plan approved, after the adoption of the Long Term Plan 2021-2031.

Skinner/Fulton                                                                                                 Carried

A division was called:

 

For

Her Worship the Mayor (Chairperson)

Cr Bowater

Cr Brand

Cr Courtney

Cr Edgar

Cr Fulton

Cr McGurk

Cr Noonan

Cr Skinner

Against

Cr Lawrey

Cr O'Neill-Stevens

Cr Rainey

Cr Sanson

Abstained/Interest

 

 

The motion was carried 9 - 4.

6.3     Environment and Climate Committee - 1 December 2020

6.3.1    National Policy Statement on Urban Development: Removal of minimum car parking rates from the Nelson Resource Management Plan

Resolved CL/2020/197

 

That the Council

1.     Agrees that the Nelson Resource Management Plan requirements for minimum on-site parking rates, including rules, assessment criteria, policies or objectives that have the effect of setting minimum parking rates, be treated as removed from the Nelson Resource Management Plan as from 1 January 2021  including consequential amendments in accordance with s.55 of the Resource Management Act.

2.     Delegates to the Chair of the Environment and Climate Committee and the Group Manager Environmental Management, authority to approve the consequential amendments to the Nelson Resource Management Plan that flow from the removal of requirements for minimum on-site parking rates, including rules, assessment criteria, policies or objectives that have the effect of setting minimum parking rates, in accordance with s.55 of the Resource Management Act and to make those amendments as the Nelson Resource Management Plan work programme permits.

Fulton/McGurk                                                                                     Carried

 

6.4     Audit, Risk and Finance Subcommittee - 2 December 2020

6.4.1    Policy Review: Procurement Policy

Manager Business Improvement, Arlene Akhlaq, answered questions regarding timing for the Chief Executive’s approval for exceptions to the maximum contract term of 10 years, and the ability of new suppliers to have an opportunity to supply services to Council.

Resolved CL/2020/198

 

That the Council

1.     Approves the amended Nelson City Council Procurement Policy (A2348654), effective from 1 February 2021.

Edgar/Her Worship the Mayor                                                              Carried

Her Worship the Mayor advised that the meeting would move to consider item 8, Nelson Tasman Business Trust Presentation of Annual Report 2020.

7.       Nelson Tasman Business Trust Presentation of Annual Report 2020 (agenda item 8)

Document number R22542, agenda pages 58 - 64 refer.

Sarah Holmes, Nelson Tasman Business Trust (NTBT) Manager, and Nigel Teal, NTBT Board Member, gave a Power Point presentation (A2545272) regarding NTBT’s activities throughout the year, and its future plans.

Ms Holmes and Mr Teal answered questions on NTBT’s relationship with the Nelson Regional Development Agency and the Chamber of Commerce, post-COVID-19 trends, and feedback from mentors and mentees who were involved during the COVID-19 lockdown and subsequent recovery period.


Attachments

1    A2545272 - PowerPoint Presentation


Her Worship the Mayor advised that the meeting would move to consider item 9, Nelson Regional Development Agency Annual Report 2019/20.

8.       Nelson Regional Development Agency Annual Report 2019/20 (agenda item 9)

Document number R21462, agenda pages 65 - 110 refer.

Nelson Regional Development Agency (NRDA) Board Chair, Sarah-Jane Weir, and NRDA Chief Executive, Mark Rawson, joined the meeting. 

They outlined the achievements of the NRDA both prior to COVID-19 and since, and outlined the NRDA’s future focus on young people and creating a medium-term strategic plan to bridge the gap between Project Kōkiri and the Te Tau Ihu Intergenerational Strategy.

Ms Weir and Mr Rawson answered questions regarding the impact of the COVID-19 wage subsidy, potential economic difficulties the region may face in the next few years, and sustainability reporting.

Resolved CL/2020/199

 

That the Council

1.       Receives the report Nelson Regional Development Agency Annual Report 2019/20 (R21462) and its attachment (A2440411).

Edgar/Skinner                                                                                   Carried


Her Worship the Mayor advised that the meeting would move to consider item 11, Annual Report 2019/20.

 


 

9.       Annual Report 2019/20 (agenda item 11)

Document number R21496, agenda pages 124 - 140 refer.

Manager Strategy, Mark Tregurtha, and Manager Finance, Clare Knox, presented the report and tabled a designed copy of the Annual Report (A2545372) and the unmodified Audit opinion (A2545083).

Auditor, John Mackey, joined the meeting via audio-visual link.

Mr Tregurtha, Ms Knox and Mr Mackey, along with Group Manager Corporate Services, Nikki Harrison, answered questions regarding the three paragraphs of emphasis in the unqualified audit opinion, and the reasons for which forestry revenue was recorded in the Annual Report ‘other gains/losses’ section.

Resolved CL/2020/200

 

That the Council

1.     Receives the report Annual Report 2019/20 (R21496) and its attachments (A2544810 and A2545083); and

2.     Adopts the Annual Report for the year ended 30 June 2020 (A2544810) in accordance with s98 of the Local Government Act 2002; and

3.     Receives the draft Audit New Zealand Opinion (A2545083); and

4.     Delegates the Mayor and Chief Executive authority to approve minor editorial changes to the Annual Report 2019/20 (A2544810), as necessary.

Her Worship the Mayor/McGurk                                                         Carried

Attachments

1    A2545372 - Tabled document - Annual Report

2    A2545083 - Tabled document - Unmodified Audit Opinion

Her Worship the Mayor advised that the meeting would return to consider the remainder of item 6, Recommendations from Committees.

10.     Recommendations from Committees (agenda item 6, cont.)

10.1    Community and Recreation Committee - 10 December 2020 (agenda item 6.5)


 

10.1.1  Sport Tasman - Loan Agreement (agenda item 6.5.1)

Resolved CL/2020/201

 

That the Council

1.    Approves the cancellation of Sport Tasman’s future commercial lease obligations for Sports House, with effect from 1 July 2021, noting that a loan was never formally documented; and

2.    Agrees to charge a community rent of $5,600 per annum from 1 July 2021, noting that Council has provided Sport Tasman rent relief through to 30 June 2021.

Skinner/Bowater                                                                                  Carried

10.1.2  Request for Assistance from the Nelson Giants for Trafalgar Centre Hireage (agenda item 6.5.2)

Attendance: Councillor Bowater had previously declared an interest, and left the table at 11.24a.m.

Resolved CL/2020/202

 

That the Council

1.     Approves unbudgeted expenditure of $25,101 to provide a reduced rate of $35,000 for the Nelson Giants’ use of Trafalgar Centre between April and July 2021.

Skinner/Brand                                                                                     Carried

Attendance:  Councillor Bowater returned to the table at 11.25a.m.

10.1.3  Recommendations from the Greenmeadows Hearings Panel: proposed classification of Greenmeadows (agenda item 6.5.3)

Resolved CL/2020/203

 

That the Council

1.     Approves, in accordance with section 16(1) of the Reserves Act, the classification of part of Greenmeadows (being part of Record of Title NL114/188) as shaded orange in Attachment 1 (A2097295) as Local Purpose (Community Purposes) Reserve under s23 of the Reserves Act 1977; and

 

2.     Approves, in accordance with section 16(1) of the Reserves Act,  the classification of part of Greenmeadows (being part of Record of Title NL114/188) as shaded red in Attachment 1 (A2097295) as Local Purpose (Road) Reserve under s23 of the Reserves Act 1977; and

3.     Delegates to the Chief Executive authority to:

(a)     prepare and approve a survey plan that defines the land classified in accordance with this report (R22506) and the 13 December 2018 report R9565;

(b)     prepare and place notices in the New Zealand Gazette that record the classifications of the land in accordance with this report (R22506) and report R9565; and

(c)     attend to registration of the published Gazette Notices against the Records of Title for the classified land.

Skinner/Lawrey                                                                                   Carried

Her Worship the Mayor advised that the meeting would move to consider agenda item 10, Events Strategy Implementation Update.

 

11.     Events Strategy Implementation Update (agenda item 10)

Document number R22510, agenda pages 111 - 123 refer.

Manager Strategy, Mark Tregurtha, presented the report. 

It was noted a workshop on this topic would be scheduled in early 2021 to assist with preparation for the Long Term Plan 2021-31.

Resolved CL/2020/204

 

That the Council

1.       Receives the report Events Strategy Implementation Update (R22510) and its attachment (A2507829); and

2.       Requests that a workshop be held to provide further feedback.

Fulton/Edgar                                                                                     Carried

Her Worship the Mayor advised that the meeting would move to consider agenda item 12, Significance and Engagement Policy.

12.     Significance and Engagement Policy

Document number R20322, agenda pages 141 - 155 refer.

Manager Strategy, Mark Tregurtha, and Policy Adviser, Gareth Power Gordon, presented the report.  They explained that the officer recommendation had been amended to clarify that Council’s attention had been turned to the consultation process.

Mr Power Gordon explained that the opening sentence of section 8.1 of the Significance and Engagement Policy had been amended from “To meet its Treaty obligations, The Crown has extended requirements to local government…” to “Although the Treaty is between Māori and the Crown, the Crown has made certain requirements of local government in order to meet its Treaty obligations…”.   

Mr Tregurtha and Mr Power Gordon answered questions regarding the wording of the eighth bullet point “the impact on Council’s financial capacity and capability” in section 3.2 of the Policy.

During debate, it was agreed that the wording of the seventh bullet point in section 3.2 of the Policy should be re-worded to “Is there a past history of the issue generating wide public interest within the region or is there a reasonable expectation that it would generate this interest now”.

Resolved CL/2020/205

 

That the Council

1.     Receives the report Significance and Engagement Policy (R20322) and its attachment (A2467030); and

2.     Agrees that the proposed amendments are minor changes which clarify existing Council engagement processes; and

3.     Agrees that consultation on the proposed amendments is not required because Council is sufficiently informed about community interests and preferences to enable to purpose of the policy to be achieved; and

4.     Adopts the amended Significance and Engagement Policy (A2467030).

Noonan/Edgar                                                                                   Carried

 

13.     Upper Trafalgar Street Budget Request

Document number R22516, agenda pages 156 - 177 refer.

City Centre Development Programme Lead, Alan Gray, presented the report. 

Mr Gray answered questions regarding:

·        Changes in budget and design resulting from safety concerns, civil-related works and being a bespoke project to draw people into the city centre;

·        Additional projects within the Streets for People budget to be delivered this financial year;

·        Details of the proposed lighting for Upper Trafalgar Street, and how this would be cohesive with future streetscape improvements in other parts of the city centre; and

·        Engagement with businesses in the upper Trafalgar area regarding the project.

Point of Order:  Councillor Rainey raised a point of order against Councillor Skinner, that under Standing Order 24.2(d), officers’ words had been misrepresented.  The Point of Order was upheld. 

Resolved CL/2020/206

 

That the Council

1.     Receives the report Upper Trafalgar Street Budget Request (R22516) and its attachment(A2534984); and

2.    Approves the use of $261,000 from the 2020/21 Streets for People capital budget to complete the Upper Trafalgar Street multi-function pole project.

Edgar/Fulton                                                                                     Carried

14.     Draft Amendments to Rates Remissions Policy and Financial Impact Statement

Document number R20275, agenda pages 178 - 201 refer.

Group Manager Corporate Services, Nikki Harrison, and Manager Accounting Services, Victoria Harper, presented the report. 

Ms Harrison and Ms Harper, along with Environmental Programmes Adviser, Richard Popenhagen, answered questions regarding:

·        the proposed criteria for rates remission for provision of social and kaumatua housing, and

·        The criteria and pool available for rates remission for heritage buildings.

The meeting was adjourned from 12.08p.m. to 12.11p.m.

A suggestion was made that an additional clause be added to the recommendation, to request an officer report regarding various regulatory options and rating solutions in relation to whole house Air BnB-type accommodation providers.

Resolved CL/2020/207

 

That the Council

1.     Receives the report Draft Amendments to Rates Remissions Policy and Financial Impact Statement (R20275) and its attachment (A2463444); and

2.     Approves changes in the Rates Remission Policy (A2463444) including changes to the following sections:

·    Community, Sporting and Other Groups Remission

·    Charges For Excess Water Arising From Leaks Remission

·    Low Valued Properties Remission

·    Land Affected By Natural Calamity Remission; and

3.     Agrees that the remission changes be consulted within the Consultation Document to the Long Term Plan 2021-31; and

4.     Approves changes in the Rates Remission Policy (A2463444) including new remissions for:

·    Other Remissions Deemed Fair and Equitable

·    Social and Community Housing Remission; and

5.     Agrees that the new remissions be consulted within the Consultation Document to the Long Term Plan 2021-31; and

6.     Approves the change to the issuing of the rates instalments from 1 August, 1 November, 1 February and 1 May each year, to 25 July, 25 October, 25 January and 25 April; and

7.     Agrees that the change to the issuing of the rates instalment dates be consulted within the Consultation Document to the Long Term Plan 2021-31; and

8.     Approves the removal of the Rates Annual Payment Discount; and

9.     Agrees that the removal of the rates annual payment discount be consulted within the Consultation Document to the Long Term Plan 2021-31; and

10.  Approves the change to all rates penalties from 10% to 5%; and

11.  Agrees that the change to all rates penalty amounts be consulted within the Consultation Document to the Long Term Plan 2021-31; and

12.  Approves the removal of all water penalties being charged for unpaid accounts; and

13.  Agrees that the removal of water penalties be consulted within the Consultation Document to the Long Term Plan 2021-31; and

14.  Approves the change to the water payment dates for invoices billed in July, October, January and April to 20th of the month following; and

15.  Agrees that the change to the payment dates of water payment dates be consulted within the Consultation Document to the Long Term Plan 2021-31; and

16.  Approves the 0.5% reduction of the commercial differential to be spread across all commercial categories; and

17.  Agrees that the commercial differential change be consulted within the Consultation Document to the Long Term Plan 2021-31; and

18.  Approves the removal of the rural rating differential category for residential zoned properties over 15ha; and

19.  Agrees that the removal of the rural rating differential change be consulted within the Consultation Document to the Long Term Plan 2021-31; and

20.  Requests officers report to Council in 2021 on various regulatory options and subsequent rating solutions for whole house Air BnB-type accommodation providers. 

Noonan/Brand                                                                                  Carried

 

15.     Approval of the draft Revenue and Financing Policy

Document number R20276, agenda pages 202 - 235 refer.

Group Manager Corporate Services, Nikki Harrison, and Manager Finance, Clare Knox, presented the report.

Ms Knox answered questions regarding:

·        The Polluter Policy, including full cost recovery where the polluter is identified;

·        Depreciation in relation to the Wakapuaka Hall and the Stoke Memorial Hall;

·        Whether it was possible to make capital grants to organisations such as the Nelson Centre of Musical Arts and the Theatre Royal;

·        The private/public funding split for public transport cost recovery;

·        Whether funding targets for flood protection included inundation from sea level rise;

·        Depreciation of Saxton Field assets aside from sporting facilities and whether this was split across both Nelson City and Tasman District Councils; and

·        Whether there were specific funding targets for properties held for strategic purposes.

Resolved CL/2020/208

 


That the
Council

1.     Receives the report Approval of the draft Revenue and Financing Policy (R20276) and its attachment (A2496998); and

2.     Approves the Revenue and Financing Policy for concurrent consultation through the Long Term Plan 2021-31 consultation process.

Edgar/Sanson                                                                                   Carried

The meeting adjourned from 12.30p.m to 1.31p.m.

Her Worship the Mayor advised the meeting would move to confidential session to consider Confidential agenda items, before returning to consider the remaining items on the open agenda.

16.     Exclusion of the Public

Her Worship the Mayor advised that representatives from external organisations would be in attendance for items of the confidential agenda, and consequently a procedural amendment was required to be passed:

Resolved CL/2020/209

 

That the Council

1.       Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Paul Bell of Intepeople  remain after the public has been excluded, for Item 2 of the Confidential agenda (Recommendations from the Chief Executive Employment Committee – 25 November 2020), as he has knowledge relating to the Chief Executive’s employment that will assist the meeting; and

2.       Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Jane Sheard, Nelmac CEO, Lindsay Coll, Nelmac CFO, and Rob Gunn, Nelmac Chair, remain after the public has been excluded, for Items 4 and 6 of the Confidential agenda (Nelmac six monthly strategic presentation and Nelmac - Transaction Approval), as they have knowledge relating to Nelmac that will assist the meeting; and

3.       Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Scott McClay from Deloitte (via Zoom), remain after the public has been excluded, for Item 7 of the Confidential agenda (Project Akersten), as he has knowledge relating to the project that will assist the meeting.

Edgar/Her Worship the Mayor                                                           Carried

Resolved CL/2020/210

That the Council

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

2.       The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Edgar/Her Worship the Mayor                                                           Carried

 

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Council Meeting - Public Excluded Minutes -  12 November 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)(g)

     To maintain legal professional privilege

·    Section 7(2)(h)

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

·    Section 7(2)(i)

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

2

Recommendations from Committees

Chief Executive Employment Committee 25 November 2020

Chief Executive’s Performance Report 2019/20

Chief Executive’s Remuneration Review 2020

Chief Executive’s Draft Performance Agreement and Key Performance Indicators for 2020/21

Strategic Development and Property Subcommittee – 26 November 2020

Appointment of Council Representative on the Tahuna Beach Camp Inc. Board

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 six monthly strategic presentation

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

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

4

Nelmac Limited - Statement of Expectation 2021/22

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

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

·    Section 7(2)(i)

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

5

Nelmac - Transaction Approval

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

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

6

Project Akersten

 

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)(g)

     To maintain legal professional privilege

·    Section 7(2)(h)

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

7

Nelson Regional Development Agency - Appointment of Director

 

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

The meeting went into confidential session at 1.31p.m. and resumed in public session at 2.18p.m, with items three to six of the confidential agenda yet to be completed.

The meeting was adjourned from 2.18p.m. to 2.22p.m.

Her Worship the Mayor noted that Nelmac Limited representatives had subsequently arrived at Council, and therefore the meeting would return to confidential session to complete items three to six of the confidential agenda.

17.     Exclusion of the Public

Resolved CL/2020/218

 

That the Council

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

2.     The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

Her Worship the Mayor/Courtney                                                      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)

3

Nelmac six monthly strategic presentation

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

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

4

Nelmac Limited - Statement of Expectation 2021/22

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

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

·    Section 7(2)(i)

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

5

Nelmac - Transaction Approval

 

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

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

6

Project Akersten

 

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)(g)

     To maintain legal professional privilege

·    Section 7(2)(h)

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

The meeting went into confidential session at 2.23p.m. and resumed in public session at 4.10p.m.

18.     Elected Members' Remuneration (agenda item 16)

Document number R21451, late items agenda pages 8 - 15 refer.

Manager Governance and Support Services, Devorah Nicuarta-Smith, presented the report, and Analyst, James McPhie, presented a spreadsheet of remuneration options (A2509680).

Councillors discussed the options, and rationale for different levels of pay in each option, with a variety of views expressed.

During discussion, option F was added to the spreadsheet.

Councillor Skinner, seconded by Councillor Courtney, moved:

That the Council

1.     Receives the report Elected Members' Remuneration  (R21451); and

2.     Approves the allocation of Elected Member Remuneration from the Pool in accordance with the Remuneration Authority Local Government Members (2020/2021) Determination Part 2 outlined in Option F:

a.     Deputy Mayor: $66,565

b.     Senior Chair (Chair Infrastructure, Regional Transport Committees, Deputy Chair Environment Committee (Nelson Plan Lead)): $57,458

c.     Committee Chair: $57,458

d.     Subcommittee Chair: $49,500

e.     Committee Deputy Chair: $45,023

f.      Councillor: $44,923

The meeting was adjourned from 4.48p.m. to 4.52p.m.

Option G was added to the spreadsheet.

With the agreement of the meeting, the mover and seconder withdrew the motion for Option F, and replaced it with a motion for Option E:

That the Council

1.     Receives the report Elected Members' Remuneration  (R21451); and

2.     Approves the allocation of Elected Member Remuneration from the Pool in accordance with the Remuneration Authority Local Government Members (2020/2021) Determination Part 2 outlined in Option E:

a.     Deputy Mayor: $66,665

b.     Senior Chair (Chair Infrastructure, Regional Transport Committees, Deputy Chair Environment Committee (Nelson Plan Lead)): $57,558

c.     Committee Chair: $57,558

d.     Subcommittee Chair: $49,500

e.     Committee Deputy Chair: $44,923

f.      Councillor: $44,923

 

Resolved CL/2020/224

 

That the Council

1.     Receives the report Elected Members' Remuneration  (R21451); and

2.     Approves the allocation of Elected Member Remuneration from the Pool in accordance with the Remuneration Authority Local Government Members (2020/2021) Determination Part 2 outlined in Option E:

a.     Deputy Mayor: $66,665

b.     Senior Chair (Chair Infrastructure, Regional Transport Committees, Deputy Chair Environment Committee (Nelson Plan Lead)): $57,558

c.     Committee Chair: $57,558

d.     Subcommittee Chair $49,500

e.     Committee Deputy Chair: $44,923

f.     Councillor: $44,923

 

Skinner/Courtney                                                                                              Carried



A division was called:

For

Cr Bowater

Cr Courtney

Cr Edgar

Cr Fulton

Cr Noonan

Cr Skinner

Against

Cr Lawrey

Cr O'Neill-Stevens

Cr McGurk

Cr Rainey

Cr Sanson

Abstained

Her Worship the Mayor (Chairperson)

Cr Brand

 

The motion was passed 6 - 5.

Attachments

1    A2509680 - Spreadsheet

19.     Schedule of Meetings 2021 (agenda item 17)

Document number R18187, agenda pages 236 – 252 refer.

Team Leader Governance, Robyn Byrne, presented the report.  She tabled an overview of the proposed meeting schedule for 2021 (A2544128) and noted the following changes:

·        Changes to the water and wastewater bylaw timeline;

·        An additional Council meeting scheduled for 17 February 2021, to include adopting the Long Term Plan 2021-31 for Audit review;

·        The 13 April Environment and Climate Committee workshop and 15 April Environment and Climate Committee meeting being swapped; and

·        The correct dates for the July school holidays, from 12 July to 23 July being noted.

Ms Byrne answered questions regarding timing of the Long Term Plan workshops to be held in January 2021, and timing of the meeting-free weeks.

Resolved CL/2020/225

 

That the Council

1.       Receives the report Schedule of meetings 2021 and its attachment (A2444092); and

2.       Adopts the schedule of meetings for the 2021 calendar year as set out in Attachment 1 (A2444092).

O'Neill-Stevens/Sanson                                                                     Carried

Attachments

1    A2544128 - Tabled document - Proposed Schedule of Meetings

Her Worship the Mayor advised that the meeting would move to consider agenda item 7, Mayor’s Report.

20.     Mayor's Report (agenda item 7)

Document number R21493, late items agenda pages 4 - 7 refer.

Her Worship the Mayor presented the report.  She acknowledged the work of officers throughout 2020.

Resolved CL/2020/226

 

That the Council

1.     Receives the report Mayor's Report (R21493).

Her Worship the Mayor/Edgar                                                           Carried

 

 

 

 

 

Restatements

 

It was resolved while the public was excluded:

 

1

CONFIDENTIAL: Recommendation from Chief Executive Employment Committee - Chief Executive's Performance Report 2019/20

 

That the Council

5.    Agrees that Report (R21472) and the decision remain confidential at this time.

 

 

2

CONFIDENTIAL: Recommendation from Chief Executive Employment Committee - Chief Executive's Remuneration Review 2020

 

That the Council

1.    Maintains the current level of the Chief Executive’s Total Remuneration package for 2020/2021 in line with the general trend in the Local Government Sector of 0% increases in the remuneration packages through the COVID-19 period; and

2.     Agrees the decision be made publicly available.

 

 

 

 

3

CONFIDENTIAL: Recommendation from Chief Executive Employment Committee - Chief Executive's Draft Performance Agreement and Key Performance Indicators for 2020/21

 

That the Council

1.    Approves the Chief Executive’s Performance Agreement A2019/20 (A2524847); and

2.    Agrees that the Attachment (A2524847) and the decision be released.

 

4

CONFIDENTIAL: Recommendation from Strategic Development and Property Subcommittee - Appointment of Council Representative on the Tahuna Beach Camp Inc. Board

 

That the Council

1.    Agrees to appoint John Murray as Council representative on the Tahuna Beach Camp Inc. Board for a two year term ending in October 2022; and

2.    Agrees that the role will be remunerated by Council from October 2020 until 30 June 2021; and

3.    Agrees that the role will be remunerated by Council at the same level as other Tahuna Beach Camp Inc. Board members; and

4.    Notes that the Tahuna Beach Camp Inc. will remunerate the role from 1 July 2021; and

5.    Agrees that the decisions and Attachment (A2231800) only be made publicly available; and

6.    Agrees that Report (R18129) remains confidential at this time.

 

5

CONFIDENTIAL: Nelson Regional Development Agency - Appointment of Director

 

That the Council

3.    Agrees the decision and the report only be made publicly available once the appointment has been made public by the Nelson Regional Development Agency.

 

6

CONFIDENTIAL: Nelmac Limited - Statement of Expectation 2021/22

 

That the Council

5.    Agrees that Report (R20287) and the decision be made publicly available once the completed Statement of Expectation is made available on the Nelson City Council website approximately 30 days after it is received by the Council Controlled Trading Organisation.

 

7

CONFIDENTIAL: Nelmac - Transaction Approval

 

That the Council

5.    Agrees that the report (R21448) and its attachment (A2534042) and the decision remain confidential at this time.

 

 

8

CONFIDENTIAL: Project Akersten

 

That the Council

8.    Instructs that this proposal (and the business case (Attachments 1 and 2)) be kept strictly confidential until the joint content in the Consultation Document is approved by both councils in February 2021 and notes that attachment 1 (A2534955) and attachment 2 (A2537812) will retain their commercial confidentiality.

 

  

Karakia Whakamutunga

A karakia whakamutunga was given.

 

 

There being no further business the meeting ended at 5.18p.m.

 

Confirmed as a correct record of proceedings:

 

 

 

                                                         Chairperson                                    Date