Agenda of Environment and Climate Committee

Environment Committee Minutes - 22 October 2020

Minutes of a meeting of the Environment Committee

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

On Thursday 22 October 2020, commencing at 11.31a.m.

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

In Attendance: Group Manager Environmental Management (C Barton), Governance Adviser (E-J Ruthven), and Governance Support (K McLean and P Boutle)

Apologies : Nil

Karakia Timatanga

A karakia timatanga was given.

1. Apologies

There were no apologies.

2. Confirmation of Order of Business

There were no changes to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 3 September 2020

Document number M14084, agenda pages 5 - 8 refer.

Resolved EC/2020/035

That the Environment Committee

1. Confirms the minutes of the meeting of the Environment Committee, held on 3 September 2020, as a true and correct record.

Skinner/Bowater Carried

6. Chairperson's Report

Document number R21387, agenda pages 9 - 14 refer.

Councillor Fulton spoke to the Chairperson’s Report. Along with Group Manager Environmental Management, she answered questions regarding: · Communications relating to the Nelson Plan, what it covers, and how it is differentiated from the Long Term Plan 2021-2031; · The list of actions Council is undertaking regarding mitigation and adaptation for climate change; · Off-setting the costs of building houses in a sustainable manner, by encouraging smaller builds; · Supporting the transition to more efficient woodburners; and · The effect of covenants on housing affordability.
Resolved EC/2020/036
	*That the Environment Committee* *1. Receives the report Chairperson's Report (R21387) and its attachment (A2482749); and* 2. Approves the submission to the Ministry of Business, Innovation and Employment regarding Building for Climate Change.
Fulton/Edgar Carried

7. Compliance Strategy 2020

Document number R19200, agenda pages 15 - 37 refer.

Manager Consents and Compliance, Mandy Bishop, presented the report. She answered questions regarding: · levels of compliance for different activities; · whether the Strategy increased Council’s ability to manage compliance; · Costs involved in investigating and prosecuting matters; · The divide between officer delegations to undertake compliance actions, and elected member oversight of the Strategy itself; · The balance between engagement and education actions, and taking enforcement actions; · The ‘engage, educate, enable’ model, and whether further actions were required to cover all activities and participants It was suggested that appropriate levels of service could be included in the Environmental Management Activity Management Plan to ensure a mechanism for reporting to the Committee as to efficacy of the Strategy. Attendance: Councillor Lawrey left the meeting at 12.14p.m.
Resolved EC/2020/037
	*That the Environment Committee* *1. Receives the report Compliance Strategy 2020 (R19200) and its attachment (A2275547); and* 2. Adopts the Compliance Strategy 2020 (A2275547) effective from 1 November 2020.
Skinner/Paine Carried

8. Draft Environmental Management Activity Management Plan 2021-2031

Document number R21388, agenda pages 38 - 90 refer.

Attendance: Councillor Noonan left the meeting at 12.16p.m, and Councillor Lawrey returned to the meeting at 12.18p.m. Group Manager Environmental Management, Clare Barton, presented the report, and explained that levels of service would be prepared for a later meeting, noting that these needed to be measurable and effective. Manager Science and Environment, Jo Martin, tabled a document and explained the potential financial impact of the National Policy Statement on Freshwater (A2503518). Ms Barton and Ms Martin answered questions regarding the potential for collaboration between Te Tau Ihu Councils and Iwi for achieving the goals of the National Policy Statement on Freshwater, and the potential financial impacts for Councils. The meeting was adjourned from 12.34p.m. to 1.07p.m, during which time Councillor Skinner left the meeting. Ms Barton and Ms Martin answered further questions regarding: · Costs and activities involved with high-level ‘state of the environment’ monitoring; · The differences between undertaking monitoring activities, to understand what is happening, and understanding causation factors; · The potential for collaboration between Councils in relation to capital spend, such as for monitoring equipment. Attendance: Councillor Skinner returned to the meeting at 1.21p.m. Ms Barton answered further questions regarding how Council’s city development aspirations and climate change goals were captured in the draft Activity Management Plan. It was agreed that the United Nations Sustainable Development Goal 13 to “take urgent action to combat climate change and its impacts” should be added to the Plan. Attendance: Councillor Bowater left the meeting at 1.31p.m.
Resolved EC/2020/038
	*That the Environment Committee:* *1. Receives the report Draft Environmental Management Activity Management Plan 2021-2031 (R21388) and its attachment (A2480683); and* *2. Approves the Draft Environmental Management Activity Management Plan 2021-2031 (A2480683) as the version to inform the Long Term Plan 2021-31; and* 3. Notes that the Draft Environmental Management Activity Management Plan 2021-2031 (A2480683) will be updated and, the final Activity Management Plan approved, after the adoption of the Long Term Plan 2021-2031.
Edgar/Brand Carried
Attachments 1 A2503518 - tabled document

Karakia Whakamutunga

A karakia whakamutunga was given.

There being no further business the meeting ended at 1.42p.m.

Chairperson Date

Item 7: Port and Harbour Safety Management System

Environment and Climate Committee

1 December 2020

REPORT R21423

Port and Harbour Safety Management System

1. Purpose of Report

1.1 To consider the recent joint self-assessment of Nelson’s Port and Harbour Safety Management System. Nelson’s harbourmaster (Andrew Hogg), will attend the meeting to assist with the Committee’s consideration.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report Port and Harbour Safety Management System (R21423) and its attachments (A1418392 and A2474992); and

2. Notes further updates will be provided to the Environment and Climate Committee as actions are undertaken to address the identified gaps in the Port and Harbour Safety Management System.

3. Background

3.1 Navigation safety is a regional council responsibility. Nelson City Council has an agreement with Port Nelson Ltd to undertake the harbourmaster duties on Council’s behalf. The agreement identifies duties and responsibilities for both the Nelson Harbour and wider harbour areas (including navigation safety).

3.2 The New Zealand Port and Harbour Marine Safety Code (the Code) provides best practice guidance on the safe management of marine activities in ports and harbours. Established in 2004 by Maritime NZ, the Code is voluntary and every regional council and port operator across New Zealand has undertaken to comply with it. The Code sets out the legislation, safety policies, risk assessments and the development of an active safety management system (SMS) for both the harbour and port operators.

3.3 The SMS is to contain systems that address the risks for the Port operator and the wider harbour to ensure the harbour is safe for all users. The Nelson Port and Harbour Marine Safety Code covers both the port and harbour aspects with a focus on the port operations (see Attachment 1 for the 2015 Nelson Port and Harbour Marine Safety Code).

3.4 The Code recommends a separate Port SMS and Harbour SMS to show clear delineation of responsibilities, functions and risks being held by the port and those being held by the regional council. The operation of safety management systems cover implementation of good practice for the following topics:

• hydrography

• prevailing conditions

• aids to navigation

• anchorages

• wrecks

• works in harbours

• vessel traffic services

• passage planning and guidance

• pilotage and pilotage exemptions

• marine services

• tugs

• berthing

• dangerous goods and harmful substances

• emergency response and

• marine pollution and ships in distress

3.5 Nelson’s Port and Harbour Safety Marine Code was drafted by the previous Harbourmaster, Captain David Duncan. Captain Duncan participated in the national working group for the Code and SMS reviews for five years as well as the risk assessment working group. He also assisted Maritime NZ on the panel for the professional development of pilots.

3.6 Nelson’s Marine Safety Code documentation has not changed since 2015. Over the last five years Nelson has seen larger ship sizes and the national Code has been updated. Having a combined document has resulted in portions of harbour safety matters not being specifically referenced and some of the delineation of responsibilities is unclear.

3.7 The SMS is reviewed annually by way of a self-assessment provided by the regional council (harbourmaster) and the port (operations manager). Council has an agreement with Port Nelson Limited that they employ the harbourmaster. Both the harbourmaster role and the operations manager role are carried out by the same person, Andrew Hogg.

3.8 Every three to five years an external review is undertaken by a panel of Maritime NZ officers, harbourmasters and operations managers from other regions, of the SMS. Nelson’s external review is due to occur in February/March 2021.

3.9 Andrew Hogg has undertaken the annual self-assessment for the year ending June 2020 of Nelson’s SMS. Mr Hogg has been in the harbourmaster role since December 2019. He has identified some gaps in the documentation (see Attachment 2 for full details of the assessment). These gaps include:

· The need for a pilot training system consistent with the Maritime NZ approved Pilot Proficiency Plan and records incorporating learnings from accident investigations.

· The need to update the Pilotage Plan to incorporate current best practices.

· The need to develop policies specifically for the harbour (policies are in place for the port) and provide a harbour SMS as well as a port SMS.

· The need to conduct a risk assessment.

· The need for wider harbour user engagement.

· The need to update the SMS to be consistent with the Code. The Code has changed since the SMS was drafted.

3.10 The self-assessment for 2019/20 has resulted in a lower rating than the previous self-assessment for 2018/19. On a scale of one (poor) to five (excellent) the average scores are three but there are a couple of twos recognising the gaps in the documentation. Previous self-assessments have ranged between three and four but noted some processes need to be updated and the in depth review of policies and procedures was to occur every two to three years.

4. Significance

4.1 In 2015, Nelson’s Marine Safety Code was assessed as compliant with the standards at the time. Since then there have been a significant number of updates to the Code and general industry standards.

4.2 The self-assessment has identified gaps in documentation, policies, procedures and records do not demonstrate the implementation of the most recent best practice industry standards. The existing controls to mitigate risk in the harbour requires updating to be more consistent with current good practice standards.

4.3 Consequently the Harbourmaster has undertaken immediate steps to address identified gaps (outlined below) and will take further action if required following the external review in 2021.

5. Actions

5.1 The harbourmaster has engaged the services of a consultant to assist with addressing the documentation gaps. Phase One of this work will be completed in early December 2020 with the production of a Harbour Safety Plan, Harbour SMS and a Port SMS. This will provide a safety framework for the harbour and harbour users.

5.2 The development of both a Harbour SMS and a Port SMS will allow for a clearer delineation of responsibility between the roles of Harbourmaster and that of Marine Operations Manager to better align with the Code.

5.3 Phase Two, which commenced mid-November, is a Risk Assessment of the harbour with an expected completion date of the end of December 2020. It is expected that there will be additional streams of work that will be identified during this process and the Port is committed to undertaking these. An update on progress will be provided at the meeting.

5.4 There is also commitment from the Port to investigate any recommendations as the result of the external review that is to occur in February/March 2021. Recommendations could include improving practices, procedures, policies or systems that enable and support the safe management of marine activities for both the port and wider harbour users.

6. Conclusion

6.1 The annual self-assessment of the Nelson Port and Harbour Safety Management System has identified there are gaps in the SMS and it needs to be updated to be more consistent with the current Code and industry best practices.

6.2 Having a single SMS for both the port and harbour has resulted in some responsibilities and risks relating to specific areas being unclear. This is being addressed now and further changes to the SMS may be required after the external review.

6.3 Council officers are working with the harbourmaster to put systems in place to ensure Nelson’s SMS is improved and then maintained at a high standard. Progress will be reported to the Committee.

Author: Mandy Bishop, Manager Consents and Compliance

Attachments

Attachment 1: A1418392 Nelson Port and Harbour Marine Safety Code 2015 ⇩

Attachment 2: A2474992 Nelson Port and Harbour Safety Management System self assessment ⇩

Item 8: National Policy Statement on Urban Development: Removal of minimum car parking rates from the Nelson Resource Management Plan

Environment and Climate Committee

1 December 2020

REPORT R21447

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

1. Purpose of Report

1.1 To give effect to the National Policy Statement on Urban Development (NPS-UD) by approving the removal of Nelson Resource Management Plan requirements for minimum on-site parking rates.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report National Policy Statement on Urban Development: Removal of minimum car parking rates from the Nelson Resource Management Plan (R21447).

Recommendation to Council

That the Council

1. Delegates to the Chair of the Environment and Climate Change Committee and the Group Manager Environmental Management, authority to approve the removal of 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, including consequential amendments in accordance with s.55 of the Resource Management Act.

3. Background

3.1 The National Policy Statement on Urban Development (NPS-UD) requires Councils to remove on-site car parking rates no later than the end of 2021. The NPS-UD car parking policies have the effect of removing minimum car parking rates from the district plans of tier 1, 2 and 3 territorial authorities. Nelson City Council (NCC) is a Tier 2 Council.

3.2 The purpose of the NPS-UD is to enable more housing and commercial developments. This is expected for higher density areas where people do not necessarily need to own or use a car to access jobs, services, or amenities. It is intended that the number of car parks be driven by market demand, rather than planning requirements.

3.3 This will enable urban space to be used for higher value purposes other than car parking, and remove some of the costs for higher density developments. Developers may, however, still choose to provide car parking in many areas.

3.4 The NPS-UD sets out the following direction for car parking.

3.4.1 Tier 2 territorial authorities must remove district plan rules, assessment criteria, policies and objectives that have the effect of setting minimum car parking rates.

3.4.2 Territorial authorities must remove the provisions from their district plans without using a public plan change process (Schedule 1 of the Resource Management Act 1991 (RMA)).

3.4.3 Territorial authorities must amend their district plans to remove car parking minimums as soon as practicable, no more than 18 months from the date of commencement of the NPS-UD.

3.5 The NPS-UD does not impact the following:

3.5.1 rules and engineering standards that set minimum dimensions for vehicle manoeuvring and car parking spaces when a developer chooses to supply car parks, or where parking for vehicles other than cars is required, such as loading bays, drop-off areas, bus, bike and other mobility parking

3.5.2 managing the physical effects of car parking such as visual impacts, stormwater and impacts on adjacent uses. Local authorities can continue to manage the effects in ways such as avoiding or managing surface level or front yard parking, and screening parking areas from adjacent activities.

3.5.3 rules and other standards held under other statutes and regulations, such as the Building Code as it relates to access for car parks, accessible car parking and fire service vehicle access.

3.5.4 rules which set the minimum rates of accessible car parks.

3.5.5 rules which set maximum parking rates.

3.6 This does not change how territorial authorities consider supply and demand. Territorial authorities can continue to consider the effects of car parking supply and demand in resource consents for discretionary or non-complying activities.

3.7 The NPS-UD does not affect engineering standards or the ability of territorial authorities to provide on-street car parking spaces. The ability to consider travel demand effects is not affected by the car parking policy, and can continue to be managed by district plans.

4. Discussion

Nelson Resource Management Plan (NRMP)

4.1 In accordance with s.55 of the Resource Management Act, changes to a resource management plan must be made to give effect to an National Policy Statement (NPS) without a Schedule 1 process, where directed by the NPS. This means that no public consultation, submissions or hearings can be held.

4.2 Changes to the NRMP will only include removal of minimum parking rate requirements, and provisions with the effect of requiring the same. The changes are expected to affect policies, rules, appendices, assessment criteria, and consequential text such as explanations for rules.

4.3 The NRMP will continue to:

4.3.1 set minimum parking rates for parking designed and marked for use by people with mobility impairments.

4.3.2 Set dimensions and standards for parking design; loading; surfacing; manoeuvring/non reversing streets; gradient of parking spaces (where provided); access design

4.3.3 Set rules for vehicle queuing for particular activities (e.g. drive-through activity, service stations)

Draft Nelson Plan

4.4 The draft Nelson Plan will be amended to incorporate the NPS-UD policy directions. These includes comprehensive parking management plans, travel demand management and any other methods that are the appropriate means of managing the demand and supply effects of car parking.

4.5 The current draft Nelson Plan includes car parking rates as a guide. However, this may change following further review and public feedback.

Implications for the Development Contributions Policy (2018)

4.6 The Development Contributions policy uses the Parking Rates in AP10.3 of the NRMP to make an assessment of the transport contribution required for other than residential development. The policy will continue to rely on the NRMP standards that applied at the time the Development Policy was adopted to undertake this assessment.

4.7 The current review of the Development Contribution policy will consider an alternative method for calculating contributions. The timing of the review aligns with the Long Term Plan process.

4.8 The implementation of the NPS-UD is likely to deliver the intended goal of providing more land for housing development. However, in provincial centres the extent of application and rate of change may be less than more urbanised areas. This means that the demand for car parking spaces on a site may continue.

Implications for On-street Parking

4.9 There are also risks that unplanned demand for parking effects on-road parking and traffic safety. These effects are to be monitored over the coming months and consideration of these risks taken into account as Council reviews its approach to parking management and travel demand management

4.10 No changes to on-road parking standards contained in the Nelson Tasman Land Development Manual are proposed via this report.

5. Options

5.1 The Committee has two options as presented below. Officers support Option 1 and amending the NRMP as soon as possible in line with the NPS-UD.

Option 1: Amend NRMP as soon as practicable
Advantages	· Provides clarity for applicants · Reduces resource consent applications as parking rate requirements will not trigger the need for resource consent · Implements national directions as intended
Risks and Disadvantages	· Potential for contention about applicability of Development Contribution policy calculations until new Policy is adopted.
Option 2: Delay changes to NRMP
Advantages	· No risk of contention about applicability of DC policy.
Risks and Disadvantages	· Creates unnecessary resource consent applications and increases development costs. Consents for reduced parking rates are required to be approved as if they were permitted activities.

6. Conclusion

6.1 The NPS-UD requires councils to remove on-site parking rates. Section 55 of the Resource Management Act enables Council to implement national policy statements, where there is direction to do so, without a Schedule 1 plan change process.

7. Next Steps

7.1 The NPS-UD requirements will be implemented at the earliest opportunity. The public notification of the removal of car parking rates is anticipated in early 2021.

Author: Maxine Day, Manager Environmental Planning

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

This report fits with the purpose of local government as it responds to a national direction set out in the Resource Management Act 1991. The purpose of the changes are to promote sustainable management and contribute to the well-being of Nelson communities.

2. Consistency with Community Outcomes and Council Policy

The implementation of the National Policy Statement on Urban Development contributes to the following Community Outcomes:

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

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

3. Risk

There are limited risks associated with this report. Over time an increase in parking may occur on streets creating traffic impacts that may need consequential management.

There are no direct financial risks associated with this report.

4. Financial impact

No additional funding for the implementation of the NPS UD parking rate removal from the Nelson Resource Management Plan is required. Resource consent applications for car parking generally require consent for other matters. As a result there is expected to be limited change to resource consent numbers.

5. Degree of significance and level of engagement

This matter is of low significance because the changes implement national directions, and the rate of change for parking is anticipated to be relatively slow. The changes that have been made by central government were consulted on with the public.

The Resource Management Act requires these changes to be made with no Schedule 1 plan making process, therefore no consultation or engagement is planned prior to making these changes.

6. Climate Impact

The implementation of the NPS UD parking rate rule removal has been intended to contribute to a higher density, urbanised town centres, with greater emphasis on active transport. This is one lever that the government is pulling to transition communities to alternative modes of travel and to reduce the need for ‘urban sprawl’ – thereby reducing the need for commuting and associated emissions.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The Environment and Climate Change Committee has the following delegations to consider the removal of minimum car parking rates from the Nelson Resource Management Plan:

Areas of Responsibility:

· District Plan

Delegations:

· Developing, approving, monitoring and reviewing policies and Plans

Powers to Recommend (if applicable):

· Approval of final versions of strategies, policies and plans

Item 9: Environmental Management Quarterly Report - 1 July - 30 September 2020

Environment and Climate Committee

1 December 2020

REPORT R21402

Environmental Management Quarterly Report - 1 July - 30 September 2020

1. Purpose of Report

1.1 To report on financial and non-financial performance measure results for the first quarter of the 2020/2021 financial year for the Environmental Management Group activities. The activities included are: Building, City Development, Consents and Compliance, Planning, and Science and Environment.

2. Summary

Activity	Level of Service Performance Measure	Measure	Achievement – 1^st Quarter
Building	% building consents and code compliance certificates issued within 20 working days	100%	100% – on track
Resource Consents and Compliance	% non-notified processed within 20 working days	100%	99% – not on track
Resource Consents and Compliance	% fast track consents within 10 working days	100%	100% – on track
Dog and animal control	% of all complaints responded to within one day	90% of complaints responded to within one day	90% – on track
Food safety and public health	% premises receiving inspection as per statutory requirements	100% of premises are inspected according to legislative requirements on frequency	There are currently some technical issues reporting on these performance measures where the system is unable to differentiate working and weekend days. Officers are currently working to rectify these issues.
Alcohol licensing	% of licensed premises receiving two inspections per year	100% of premises inspected two times per year	There are currently some technical issues reporting on these performance measures where the system is unable to differentiate working and weekend days. Officers are currently working to rectify these issues.
Pollution response	% responses to emergences within 30 minutes and all other incidents within one day	100% of emergencies responded to within 30 minutes and all other incidents within one day	89% – not on track (2 complaints were delayed in being notified to EIL)
Science and Environment	Compliance with national Air Quality Standards – number of breaches in each airshed	Number of breaches in airshed A: No more than 3 breaches in winter 2020	0 – on track
		Number of breaches in airshed B1: No more than 1 breach in winter 2020	0 – on track
		Number of breaches in airshed B2: No breaches	0 – on track
		Number of breaches in airshed C: No breaches	0 – on track
	% of pristine water bodies maintained at current state	100%	On track – Monthly monitoring underway
	% key bathing sites monitored and public advised if water quality standards breached	100%	On track – Monitoring commencing 30 November

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Quarterly Report - 1 July - 30 September 2020 (R21402) and its Attachments (A2497007, A2508033, A2497431, A2379467, A2505060 and A2502472); and

2. Receives the report “Warmer Healthier Homes Nelson Tasman Marlborough Project – Year End Report 1 July 2019 – 30 June 2020” (Attachment A2502472).

4. Discussion

Financial Results

Notes

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

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

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

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

Variance Commentary

Monitoring the Environment expenditure is behind budget by $107,000 in Q1 due to the Hill Country Erosion programmed expenses ($42,000), Healthy Streams programmed expenses ($23,000), Estuary health investigation work ($15,000), and Hydrology monitoring ($14,000) works not occurring until Q3 and Q4.

Pest Management expenditure is behind budget by $55,000 due to an invoice not being received from Tasman District Council for Providing Biosecurity expenses ($48,000) for Q1, these are also due to be paid in Q2, Q3 and Q4.

Developing Resource Management Plan expenditure is behind budget by $189,000 as work on the Nelson Plan during Q1 has been largely staff time preparing for the public engagement. Further technical work and requirements will be undertaken in Q3 and Q4 utilising the budget.

Environmental Advocacy expenditure is behind budget by $79,000 mainly due to budget phasing in Nelson Nature ($95,000 behind budget).

Dog Control income is ahead of budget by $159,000 due to budgeting monthly over the financial year, whilst the bulk of the dog registrations came in during this quarter. Registration fees were moved to September for payment and will be reported in the next quarterly report.

Building Services income is ahead of budget by $128,000 due to building consents being higher than anticipated ($97,000) as budget assumed reduced activity following COVID-19 lockdown

Building Claim expenditure is behind budget by $217,000. This relates to a provisional claim of $217,000 for a leaky home which is budgeted in 2020/21 but has not been paid as at 30 September 2020. The claim is funded by reserves.

Key Performance Indicators

4.1 The Environment Management Group is on track to meet most of its performance measures. The measure for resource consents being processed within 20 working days is at 99% rather than 100%.

4.2 The dog and animal control, and pollution response measures are difficult to report as there are some technical issues with the reports where the system is unable to differentiate working and weekend days. Officers are currently working on this issue to rectify this issue.

Summary of activities

4.3 The Building team is no track to meet its performance measures. There have been no breaches to the 20-day timeframes in both Consents Granted and Code Compliance Certificates issued.

4.4 The City Development team has been focusing on the Streets for People options, population projections and the Intensification Action Plan. The Pop Up Park also opened mid-September and has proven very popular.

4.5 The Planning team’s major focus has been the draft Nelson Plan which was made public for consultation on 6 October 2020. Staff are continuing to prepare technical work needed to support the development of the incomplete sections of the draft Plan.

4.6 More alcohol licensing inspections and food verifications have been undertaken than the same time last year to catch up on inspections from lockdown. All other environmental health regulatory functions are on track to meet targets. Resource consent compliance timeframes are averaging 99% for the first quarter with two consents out of 124 consents not meeting the statutory timeframes.

4.7 A milestone has been reached with the Warmer Healthier Homes Nelson Marlborough Tasman Project insulating its 2,000^th home. The annual report has been received and attached (A2502472).

4.8 The August round of the Environmental Grants Scheme has been undertaken with $270,000 being awarded for various activities. The next round will occur in February 2021.

4.9 The Government’s ‘Jobs for Nature’, COVID-19 recovery package has resulted in $3.7 million of funding comprising $2 million from the Department of Conservation and $1.7 million from the Ministry for the Environment (Mfe). This programme will create the equivalent of 51.5 FTEs (21.5 FTEs split over five years and 30 FTEs over two years) for the Nelson region along with significant environmental restoration benefits.

4.10 Consideration is also being given to the proposed management, implementation, and monitoring requirements for freshwater under the National Policy State – Freshwater (NPS-FM) and biodiversity under the draft National Policy Statement for Indigenous Biodiversity (NPS-IB). These NPSs are likely to significantly increase the statutory requirements relating to the management and protection of freshwater and indigenous biodiversity.

Legal Proceedings Update

Building

4.11 A notice was issued in July 2012 that determined an unreinforced masonry building to be earthquake prone. A deadline completion of seismic work was set, to render the building ‘not earthquake prone’. No engineering assessment has been provided and no work has started on the building.

4.12 As a consequence, notice of intention to seek a Court order to carry out seismic work under section 133AS(3) of the Building Act 2004 and seek recovery of costs was sent to the building owner on 19 May 2020. The Court accepted the application for orders and served it on the building owner in mid-October 2020. An initial call over date has been set for 19 November 2020.

4.13 There are currently three further legal proceedings sitting with the Building team and these are being managed by Council’s appointed legal counsel. These are being reported to the Audit and Risk Subcommittee.

Resource Consents and Compliance

4.14 A Financial Assessment Hearing for the payment of costs associated with Court proceedings taken in relation to a dog control matter resulted in a decision that the monthly payments were to increase. This has not occurred by the date it was due to commence. A prosecution for another dog attack is taking a similar approach with a hearing on 2 December 2020.

4.15 Environment Court mediation resulted in agreement by the parties for remedial work on two neighbouring properties. The remediation follows a slip caused by unauthorised earthworks. Enforcement orders have been issued, building consent has been granted and resource consent lodged for the additional works. There is an appeal on the decision to vary the original consent that should be easily resolved now agreement has been reached for the additional works.

Risks and Challenges

Building

4.16 Recruitment in specialist roles is a real challenge at the moment due to a national shortage of skilled Building Control officers. The Team Leader Building Inspection role has been vacant since 11 February 2020 despite numerous recruitment attempts.

City Development

4.17 Upper Trafalgar Street multi-function pole fabrication and catenary lights have been delayed due to design and importing timelines. This will now take place in the New Year.

4.18 The NPS Urban Development requires cross territorial authority boundary work to develop the Housing and Business Capacity Assessment and review of the Future Development Strategy. This work contains numerous risks and challenges as the two councils have different levels of resourcing and budget, different deadlines and priorities.

Planning

4.19 The Government has signalled changes to the Resource Management Act with significant reform within the period of the development of the Nelson Plan. Staff are keeping a close eye on the content and timing of these reforms and will report to Council on any implications.

4.20 The Nelson Plan programme also needs to consider the timing of the release of further National Policy documents (e.g. NES Air Quality; Highly Productive Land; and, Indigenous Biodiversity). Staff anticipate receiving an updated work programme from Mfe in the latter part of this year, with associated timeframes for release of national directions.

Resource Consents and Compliance

4.21 The auditors identified some LTP measures as not meeting their reporting requirements for dog and animal control, food safety and public health, alcohol licensing and pollution response measures. A new report has been introduced that enables the capturing of data for the dogs and animal control, and pollution response measures, however there is a high likelihood these measures will not be met due to the report’s inability to differentiate between week and weekend days. Measurement reporting mechanisms are still not available for food safety and alcohol licensing. Officers are working to rectify these issues.

Science and Environment

4.22 The implications of the updated National Policy Statement for Freshwater (NPS-FM), and the National Environment Standard for Freshwater (Freshwater NES) are being assessed by officers. Consideration is also being given to the draft National Policy Statement for Indigenous Biodiversity (NPS-IB).

5. Climate Change

5.1 Council has undertaken a wide range of climate change activities during this period. Steps to reduce emissions include adopting emissions reduction targets in August 2020, with work now underway to develop a draft Emissions Reduction Action Plan by December 2020.

5.2 The local “Businesses for Climate Action” group has been supported, with $28,880 funding from the Climate Reserve, to help businesses to identify and reduce emissions. The Climate Reserve has also supported the purchase of an electric bike and trailer for “Community Compost” to collect suitable waste.

5.3 A Council-wide energy management programme is being developed to determine where energy/cost gains can be achieved. An energy audit of Civic House was completed in July, identifying that cost savings of up to 50% per year, and carbon reductions of up to 63,000 kg (carbon-dioxide equivalent) could be achievable when the building upgrade occurs. Additionally, Council owned indigenous or retired plantation forests are being assessed for their ability to earn carbon credits: results are expected by the end of 2020, with the potential to apply to MBIE for carbon credits.

5.4 Coastal and flood hazard risk maps and engagement material have been prepared for consultation alongside the Nelson Plan in November. The development of an appropriate framework and work programme for climate adaptation is underway. This will focus on undertaking appropriate risk and vulnerability assessments as well as engaging with the community and building on the consultation undertaken for the Nelson Plan.

5.5 Officers are meeting to co-ordinate and communicate on climate change work across the Council. A step change has been seen in climate change consideration of the Activity Management Plans for the LTP, as well as the Infrastructure Strategy.

5.6 Officers have also been active in sharing Council’s climate change work across the country. This has also included formalising aspects of cross-council collaboration nationally in conjunction with LGNZ and Mfe.

5.7 Council continues to support and encourage the work of the Nelson-Tasman Climate Forum (with $90,000 from Council funding). Actions and a strategy are being developed to reduce emissions and increase resilience to climate impacts.

6. Environmental Management Activity Update by Business Unit

Building

Achievements

6.1 The Building team is on track to meet its performance measures. The building team has achieved no breaches to the 20-day timeframes in both Consents Granted and Code Compliance Certificates issued.

Trends

	2020-21 1^st Quarter	2019-20 1^st Quarter
Building Consents and amendments	226	305
Code Compliance Certificates	162	215
Inspections	1955	1343
LIMs	203	140

6.2 The sharp increase in building inspections (1955) can be partly attributed to the new database “Go Get” which is more accurately collating the data. The previous consents database “Alpha” never fully collated the correct number of consents being inspected.

6.3 Land Information Memorandums (LIMs) applications have increased significantly. There were no breaches of the 10-day statutory timeframes despite the increase.

Strategic Direction and Focus

6.4 The construction sector is busy with a number of larger construction projects underway including the Malthouse Lane and Ocean View apartment buildings, and the retirement villages at Summerset and Coastal View. A potential downturn due to COVID-19 has not eventuated.

6.5 In 2021, both the Building Consent Authority (BCA) and the Territorial Authority (TA) will be audited by IANZ and the Ministry of Business, Innovation and Employment (MBIE) respectively. Officers are preparing for these visits with a particular focus on the compliance area for the bi-annual audit by the MBIE.

6.6 Engagement is underway with the consenting system provider. This will further develop and streamline processes and technology to gain some building unit efficiencies.

City Development

Achievements

6.7 The Pop Up Park was opened mid-September. Since September, the door from the library and CCTV cameras have been installed. The park is very popular and it has been great to see increased numbers of tamariki in the city centre.

6.8 Streets for People city centre place making options were deliberated on and a decision to align the project with the Spatial Plan and Parking Strategy was made. Officers are now working on project planning and will be bringing an update to Council shortly.

6.9 Custom population projections have been developed to take into account the impacts of COVID-19. These will be reported to Council on 12 November 2020 for adoption.

6.10 The Intensification Action Plan was adopted by Council on 22 September and officers are now giving effect to the operational actions. A report outlining options for Council in housing supply will be presented at a future meeting.

6.11 The Mayoral Liaison team for the Future Development Strategy met on 16 October. Officers of Nelson and Tasman councils have prepared a report to the Joint Committee on 10 November providing an update and decision on the urban environment for the review of the Future Development Strategy.

6.12 The Urban Design Panel is meeting in October to review three intensification projects. Officers have reviewed these and have been providing guidance to applicants on housing intensification projects.

Strategic Direction and Focus

6.13 The key strategic focus of the City Development team is to complete:

· The City Centre Spatial Plan by mid-2021 alongside the Parking Strategy to help inform Streets for People place making and the Long Term Plan.

· The review of the Development Contributions Policy so it can be updated with the LTP.

· The Housing and Business Capacity Assessment required under the National Policy Statement – Urban Development ready for adoption by 31 July 2021.

6.14 Officers are continuing to work on implementing the Intensification Action plan. They are also working to build developer relationships and leverage greater investment in housing.

PLANNING

Achievements

Draft Nelson Plan Preparation for Public Engagement

6.15 The focus for the quarter has been preparing the Draft Nelson Plan (the Plan) and associated E-plan for release to the wider public in early October. From June, the Planning team processed feedback from early engagement with key stakeholders; and conducted a series of workshops with Councillors to outline the approach taken in the Plan to key issues.

6.16 Associated with the release of the draft Plan is a large volume of information and engagement material. These were prepared to assist the public’s understanding of the Plan, and changes from the Nelson Resource Management Plan. Officers are continuing to complete technical work needed to support the development of the incomplete sections of the Plan.

6.17 During September staff also prepared three reports to Council. The first report provided an update on timeframes for preparing the Plan; the second report sought approval to release the Plan for feedback; and the third was an update on the work of the Plan and iwi working group progress.

6.18 In addition, the team worked to understand and start to implement two new National Policy Statements (NPS). These were the NPS for Freshwater Management (and associated Healthy Waterways Package) and the NPS Urban Development.

Urban Environment Bylaw

6.19 The Urban Environment Bylaw is in the process of being reviewed, in accordance with the Local Government Act 2002. The next step is to consider options for the scope of the review.

Nelson Tasman Land Development Manual (NTLDM)

6.20 In September, a report to Council outlined the need for some minor changes to the NTLDM. These changes will be completed in the following quarter.

Strategic Direction and Focus

6.21 The focus for the remainder of the year will be on producing the Draft Nelson Plan for the second round of public engagement; undertaking engagement; and continuing to work on areas of the Plan that remain incomplete, including the mapping of flood and coastal hazards.

RESOURCE CONSENTS AND COMPLIANCE

Achievements

6.22 Resource consent compliance timeframes are averaging 99% for the first quarter with two consents out of 124 consents not meeting the statutory timeframes. Some of the consents issued in the first three months of the financial year were the subdivision of rural zoned land into 16 residential-sized lots, locating all of the Bay Dreams event on Rutherford Park and discharge consents for the fumigation process at the Port.

6.23 The Dog Control Activity Report for the 2019/20 year as required by Section 10A of the Dog Control Act 1996 has been produced and submitted to the Department of Internal Affairs (attached A2488765). There have been some very positive trends, the number of registered dogs has been increasing despite there being more dogs. Complaints received relating to dog activity has also decreased year on year.

6.24 The deputy harbourmaster has extended the popular Women on Water safety workshop to a Mums and Kids version which was well attended. The harbourmaster hosted the South Island Harbourmasters meeting. A combined Nelson and Tasman regional oil spill exercise was attended by Maritime NZ assessors and received positive feedback.

Trends

6.25 The total number of parking infringement notices are about half that of the same period last year. An educational approach was taken due to the installation of the new parking meters. The Government also extended vehicle licencing and warrants of fitness to October 2020 which led to less infringement notices.

6.26 There have been more alcohol licensing inspections and food verifications than the same time last year to catch up on inspections from the COVID-19 lockdown. The rest of the regulatory activity levels are similar to last year.

Strategic Direction and Focus

6.27 Officers are participating in regional and national forums to provide consistency on how the new Policy Statements and Environmental Standards are implemented. There are likely to be significant implications for Council.

SCIENCE and ENVIRONMENT

Achievements

Air Quality

6.28 The Science and Environment team is on target to meet the air quality performance measures. There were no exceedances of the National Environmental Standards for Air Quality (NESAQ) during this quarter.

Warmer Healthier Homes

6.29 The Warmer Healthier Homes Nelson Marlborough Tasman Project celebrated insulating its 2,000th home in the region. The annual report for the year 1 July 2019 to 30 June 2020 has been received September 2020 and attached (A2502472).

6.30 The Warmer Healthier Homes project supports residents in the Nelson, Tasman and Marlborough regions to improve living environments. It assists homeowners and their whanau by installing insulation measures, heating and increasing overall efficiency through retrofitting existing homes. Over 2,200 homes have been insulated across the Top of the South since the project’s inception in 2014.

Healthy Streams

6.31 The North Branch hydrometric site above the reservoir has been upgraded. A new telemetry, water level sensor and continuous dissolved oxygen and temperature logger have been installed.

6.32 Cyanobacteria levels were low across all Nelson rivers and streams during this quarter. Additional signage will be installed at Isel Park where moderate levels (20% cover) occurred over summer and winter.

6.33 Bully fish spawning surveys were initiated in September focusing on Stoke streams, particularly those with high densities in the lower reaches of Poorman Valley Stream. A project is underway with GIS and the draft Nelson Plan teams to map fish spawning habitat.

6.34 Otago University, Manaaki Whenua Landcare Research and Cawthron began working collaboratively with Council to profile reservoir water and sediment for nutrients and diatoms. The surveys are in preparation for aerating the reservoir to promote mixing and maintaining excellent water quality year-round.

6.35 A “How to clean paint brushes and dispose of paint water” brochure was produced. This has been distributed to businesses selling paint to the DIY market.

6.36 A community engagement project for Poorman Valley Stream has been initiated. This project will run until December 2021 and includes two community art projects, a field guide and a StoryMap.

6.37 Approximately 1000 plants have been distributed to the community. These will be used for riparian planting where properties back onto streams, primarily in the Stoke area.

Coastal and Marine

6.38 A broad scale habitat survey and report on the Waimea Estuary (jointly with TDC) has been completed and is under review. Reporting from the estuarine programme over the last two years was presented to councillors at a workshop.

Nelson Nature Programme

6.39 Sixty-two applications were received in the August 2020 Environmental Grant round, requesting almost $500,000 of funding. $270,000 has been awarded from Council's Nelson Nature, Healthy Streams and Sustainable Land Management programmes. The grants provided will help support landowners and community groups to control weeds and animal pests; erect fences to protect streams, protect Significant Natural Areas and bush fragments; manage erosion; and plant over 35,000 native plants across the Nelson region. The next round for Environmental Grants Scheme will be in February 2021.

6.40 The annual goat and deer control operation in the Maitai and Roding Water Reserves was completed in September. The operational area was expanded this year to include a larger part of the reserves, but excluded highly visited tracks in the Maitai area. A full report is expected, however early indications show less goats were found this year, and more deer were encountered.

6.41 A scheme providing subsidised rat, possum and stoat traps for Nelson residents to support Halo backyard trapping was initiated. The subsidised traps are available to purchase at the DOC Visitor Centre. There has been a good uptake from the community.

6.42 Nelson Nature commissioned a report identifying options for restoring coastal ecosystems, including salt marsh, in the Waimea Inlet and the Haven. These ecosystems are extremely rare within these estuaries and are critical to their functioning. These are at risk of further loss due to climate change effects. The report will be discussed with key stakeholders and may lead to a restoration project. The report will be circulated in the Councillor’s Newsletter.

6.43 Significant Natural Areas (SNAs) are sites identified as holding particularly high biodiversity values. SNAs are scheduled under the draft Nelson Plan and work has been completed this quarter to finalise their mapping, arrange surveys, and respond to landowner enquiries.

Sustainable Land Management Programme

6.44 Funding from the Ministry for Primary Industries has been received by 27 landowners for the planting of native trees on steep ex-forestry or pasture land, and a small portion of poplars on farmland. A further seven landowners received funding from NCC for stock exclusion fencing, and the planting of riparian streams and critical source areas to improve water quality on productive land.

6.45 Over the last two quarters work has been under way helping small landowners develop their forestry environment plans for the management of future forestry or to transition plantation forestry to native forest. The resources developed to date can be found here: http://www.nelson.govt.nz/environment/resources/

6.46 The Environment Committee requested an update (March 2020) on the Maitai Forestry Forum before the end of 2020. Due to COVID-19 restrictions the Forum has not met. Further to this two key partners withdrew from the Forum: Tasman Pine Forests Ltd and Ngati Koata. However, work has been continuing and a full report on the Forum including background and a table of potential actions is attached (A2379467).

Project Mahitahi

6.47 MfE has granted NCC $1.7 million for the terrestrial restoration of the Maitai Mahitahi Catchment, to be undertaken over the next five years. A Deed of Funding was signed at the end of September, and discussions have been held with Nelmac to deliver this work. The equivalent of 21.5 FTE (split over 5 years) will be employed to undertake the workplan and will be overseen by NCC staff from both Science and Environment and Parks and Facilities. A 0.5 FTE Project Manager has also been funded based at NCC.

6.48 At the end of September, DOC announced a further grant of $2 million to NCC to support Project Mahitahi. This funding is through Kaimahi for Nature, and was approved through the Kotahitanga mo te Taiao Alliance. This funding enables a further 30 FTE roles over two years.

6.49 Project Mahitahi is co-designed and co-delivered with iwi partners. The Project Governance Group has representation from Council and three of the iwi partners through the Alliance: Ngati Koata, Ngati Rarua, and Te Atiawa.

6.50 The combined projects will see the planting of 125,000 native trees in the catchment with community partners, managing 24 ha of pest plant and animal control, and the further planting of 2 ha of wetland areas.

Biosecurity

6.51 A successful trial removal of the pest Mosquito fish Gambusia has been undertaken with DOC in the intertidal reaches of Maire stream at the Nelson Golf course. Over 180 Gambusia were removed over two months. The trial will inform a collaborative strategy for managing Gambusia within the Moutere-Waimea estuaries.

Environmental education

6.52 Hira Rural Kindergarten is now a Green-Gold Enviroschool. This is the first kindergarten in Nelson to achieve this.

6.53 A Step into Spring active travel challenge has been run with seven schools. Students were challenged to travel by foot, bike, scooter or skateboard for two weeks. Stamps were issued in passports when they used active transport methods to school. Spot prizes and pop up days encouraged continuous participation, aiming to get families to change habits.

6.54 Victory Primary School finished the Drains to Harbour programme. It created a book, posters, and short film showcasing the learning and encouraging its community to look after the local awa.

Heritage Project Fund 2020/2021

6.55 35 applications were received for this year's Heritage Project Fund round (August 2020) seeking $357,910. 19 were successful and $91,523 allocated.

Strategic Direction and Focus

6.56 A Coastal and Marine Scientist position will be focussing on the Coastal and Marine monitoring programme. This role will also undertake further engagement with key stakeholders regarding Tasman Bay.

6.57 Planning is underway to respond to the updated NPS-FM, and the Freshwater NES. These policies contain additional monitoring, implementation requirements for the Science and Environment team.

6.58 Consideration is also being given to the proposed management and monitoring requirements for biodiversity under the draft NPS-IB. This NPS is likely to significantly increase the statutory requirements on regional councils relating to the monitoring management and protection of indigenous biodiversity.

Author: Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1: A2497007 - Building and Consents and Compliance statistics ⇩

Attachment 2: A2508033 - Project sheets - 2020-21 Environmental Management Quarterly Report - 1st Quater ⇩

Attachment 3: A2497431 - 2020-21 Environment Committee Quarterly Report ⇩

Attachment 4: A2379467 - Maitai Forestry Forum Summary of work to date ⇩

Attachment 5: A2508060 - Q1 Environment - 2020-21 - Performance measures ⇩

Attachment 6: A2502472 - Warmer Healthier Homes Annual Report ⇩

Attachment 7: A2488765 - Dog Control Activity Report 2019-2020 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Section 10 of LGA 2002 requires local government to perform regulatory functions in a way that is most cost-effective for households and businesses. This quarterly report identifies the performance levels of regulatory and non-regulatory functions.

2. Consistency with Community Outcomes and Council Policy

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

The Environmental Management work programme addresses the following community outcomes:

· Our unique natural environment is healthy and protected.

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

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

· Our communities are healthy, safe, inclusive and resilient.

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

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

· Our region is supported by an innovative and sustainable economy.

3. Risk

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

4. Financial impact

Currently behind budget on all of our activities. No further financial implications.

5. Degree of significance and level of engagement

This matter is of low significance and no engagement has been undertaken.

6. Climate Impact

The provision of regulatory and non-regulatory services directly assists Council to take appropriate action or advocate for others to take action to address the impacts of climate change.

7. Inclusion of Māori in the decision making process

No consultation with Māori has been undertaken regarding this report.

8. Delegations

The Environment and Climate Committee has the following delegation:

Areas of Responsibility:

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

· Brook Waimarama Sanctuary Trust

· Bylaws, within the areas of responsibility

· Climate Change policy, monitoring and review

· Climate change impact and strategy overview - mitigation, adaptation and resiliency

· Climate change reserve fund use

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

· Environmental regulatory and non-regulatory matters including (but not limited to) animals and dogs, amusement devices, alcohol licensing (except where delegated to the Alcohol Regulatory and Licensing Authority), food premises, gambling, sugar-sweetened beverages and smokefree environments, and other public health issues

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

· Environmental Science programmes including (but not limited to) Nelson Nature and Healthy Streams

· Hazardous substances and contaminated land

· Maritime and Harbour Safety and Control

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

· Policies and strategies relating to compliance, monitoring and enforcement

· Policies and strategies related to resource management matters

· Pollution control

· Regulatory enforcement and monitoring

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

· Urban Greening Plan

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.

Environment and Climate Committee

Areas of Responsibility:

Delegations:

Powers to Recommend to Council: