Agenda of Environment and Climate Committee

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.

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

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

· Developing, monitoring and reviewing strategies, policies and plans, with final versions to be recommended to Council for approval

· Developing and approving draft Activity Management Plans in principle, for inclusion in the draft Long Term Plan

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

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

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

· Approval of increases in fees and charges over the Consumer Price Index (CPI)

Powers to Recommend to Council:

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

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

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

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

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

· Decisions regarding significant assets

· Actions relating to climate change not otherwise included in the Annual Plan or Long Term Plan

· Approval of final versions of strategies, policies and plans

Te Kōmiti Taiao / Āhuarangi

13 April 2021

Page No.

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Nelson Residents Association - the climate change emergency and its financial effect on rate payers

4.2 Climate Action Group of the Nelson Tasman Climate Forum - Regional Climate Action Plan

5. Confirmation of Minutes

5.1 17 February 2021 7 - 14

Document number M15412

Recommendation

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 17 February 2021, as a true and correct record.

6. Chairperson's Report

7. Submission to the Climate Change Commission's Draft Advice to Government 15 - 49

Document number R23751

Recommendation

That the Environment and Climate Committee

1. Receives the report Submission to the Climate Change Commission's Draft Advice to Government (R23751) and its attachment (A2598134); and

2. Approves retrospectively Council’s submission to the Climate Change Commission on the Draft Advice for Consultation (A2598134 – Attachment One of report R23751).

8. Compliance, Monitoring and Enforcement Metrics Report 2019/20 50 - 128

Document number R22727

Recommendation

That the Environment and Climate Committee

1. Receives the report Compliance, Monitoring and Enforcement Metrics Report 2019/20 (R22727) and its attachment (A2519419)

9. Ratification of the updated Port Nelson Noise Contour Map 129 - 172

Document number R18192

Recommendation

That the Environment and Climate Committee

1. Receives the report Ratification of the updated Port Nelson Noise Contour Map (R18192) and its attachment (A2428728); and

2. Confirms ratification of the 2018 amendment of the Port Noise Contour Map (A2428728).

CONFIDENTIAL Business

10. Exclusion of the Public

Recommendation

That the Environment and Climate Committee

1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Chris Ward of PolicyWorks remains after the public has been excluded, for Item 2 of the Confidential agenda (Options for Regulatory Services), as he has knowledge that will assist the meeting.

Recommendation

That the Environment and Climate Committee

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

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

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Resource Consents team - update on actions	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
2	Options for Regulatory Services Discussing commercial contract for regulatory activities.	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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Resource Consents team - update on actions

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

Options for Regulatory Services

Discussing commercial contract for regulatory activities.

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

Environment and Climate Committee Minutes - 17 February 2021

Minutes of a meeting of the Environment and Climate Committee

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

On Wednesday 17 February 2021, commencing at 9.07a.m.

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

In Attendance: Chief Executive (P Dougherty), Group Manager Environmental Management (C Barton), Group Manager Strategy and Communications (N McDonald), Governance Adviser (E Stephenson) and Governance Support (P Boutle)

Apology: Ms G Paine

1. Apologies

Resolved EC/2021/001

That the Environment and Climate Committee

1. Receives and accepts an apology from Ms G Paine.

Sanson/McGurk Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

Councillor Fulton advised of an update to the Interests Register, in that she became a Trustee of the Brook Waimarama Community Gardens in December 2020. No interests with items on the agenda were declared.

4. Public Forum (via Zoom)

4.1 Friends of the Maitai

Attendance: Councillor Skinner entered the meeting at 9.12a.m.

Attendance: Her Worship the Mayor Reese entered the meeting at 9.16a.m.

Steven Gray, accompanied by Tom Kennedy, on behalf of the Friends of the Maitai, spoke to the presentation (A2575066). Mr Gray answered questions regarding the health of the Maitai river.

Attachments

1 A2575066 Steven Gray public forum speaking notes

5. Confirmation of Minutes

5.1 1 December 2020

Document number M15310, agenda pages 8 - 17 refer.

Resolved EC/2021/002

That the Environment and Climate Committee

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

Courtney/McGurk Carried

6 Chairperson's Report

Councillor Fulton tabled her Chairperson’s Report (A2575231) and spoke to it. It was requested that Council’s submission on the He Pou a Orangi report include the need for financial support to deliver on the report’s objectives.
Resolved EC/2021/003
	*That the Environment and Climate Committee* *1. Receives the report Chairperson's Report (A2575231).*
Courtney/Skinner Carried
	Attachments 1 A2575231 - Chairperson's Report 17 February 2021

7. Environmental Management Activity Management Plan - Levels of Service

Document number R21449, agenda pages 18 - 25 refer.

Two documents were tabled providing the current levels of service and the proposed levels for comparison (A2574569 and A12051681).

Group Manager Environmental Management, Clare Barton, noted that an extra clause had been added to the recommendations, which had been omitted from the agenda. Ms Barton summarised the proposed levels of service and the rationale used in setting them. Along with Manager Consents and Compliance, Mandy Bishop, Manager Environmental Planning, Maxine Day and Principal Adviser Environmental Management, Jane Budge, Ms Barton answered questions regarding service levels, monitoring, legislation changes, measuring and reporting, regional council responsibilities and frequency of review. She noted that community outcomes had been set through the Long Term Plan process and this was only part of Council’s environmental reporting.

Further questions were answered regarding legislation on environmental outcomes reporting, macroinvertebrate community index (MCI) levels, air quality and noise control breaches, food safety legislation, the City Centre Programme, consent processing fees, the parking review and parking and noise control.

The meeting was adjourned from 10.26a.m. until 10.27a.m.

Resolved EC/2021/004
	*That the Environment and Climate Committee* *1. Receives the report Environmental Management Activity Management Plan - Levels of Service (R21449) and its attachment (A2558804); and* 2. Approves the levels of service for the non-financial performance measures in the draft Environmental Management Activity Management Plan (Attachment A2558804); and 3. Notes that the Draft Environmental Management Activity Management Plan 2021 -2031 Levels of Service (A258806) will be updated and, the final Activity Management Plan – Levels of Service, approved, after the adoption of the Long Term Plan 2021-2031.
McGurk/Brand Carried
	Attachments 1 A2574569 - Comparison with previous 2018 and proposed 2021 Levels of service for Environment LOS review 2 A2574567 - Proposed 2021-31 Levels of Service for Environment LOS review and comparison with 2018 LOS

The meeting was adjourned from 10.31a.m. until 10.46a.m., during which time Councillor Noonan left the meeting.

8. 2021 Environmental Management Fees and Charges review

Document number R21403, agenda pages 26 - 99 refer.

Manager Consents and Compliance, Mandy Bishop, and Principal Adviser Environmental Management, Jane Budge, spoke to the report. They answered questions regarding the rationale for the proposed fees and charges and it was agreed that officers would work on a holistic approach on green/sustainable building incentives and engagement on the proposed increase in commercial fees

Attendance: Councillor Edgar left the meeting at 11.10a.m.

The meeting was adjourned from 11.17a.m. until 11.19a.m.

Attendance: Councillor O’Neill-Stevens left the meeting at 11.22a.m. and Councillor Noonan returned to the meeting at 11.23a.m.

Attendance: Councillor Rainey left the meeting at 11.26a.m.

Resolved EC/2021/005

That the Environment and Climate Committee

1. Receives the report 2021 Environmental Management Fees and Charges review (R21403) and its attachments (A2551172, A2554483, A2565321, A2563976, A2554765 and A2564096); and

2. Agrees the preferred option is to increase Resource consent fees and charges to recover 45% of Council costs for these services; and

3. Adopts the Statement of Proposal for the Amendments to the Charges under the Resource Management Act 1991 and the Housing Accords and Special Housing Areas Act 2013 commencing 1 July 2021 as detailed in Attachment 1 (A2551172) to Report R21403; and

4. Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Resource Management Act 1991 and the Housing Accords and Special Housing Areas Act 2013 is not necessary to enable public understanding of the proposal; and

5. Agrees the preferred option is to increase Food Act fees and charges to recover 48% of Council costs for these services; and

6. Adopts the Statement of Proposal for the Proposed Food Act 2014 fees and charges as detailed in Attachment 2 (A2554483) to Report R21403; and

7. Agrees a summary of information contained in the Statement of Proposal for the Proposed Food Act 2014 fees and charges is not necessary to enable public understanding of the proposal; and

8. Agrees the preferred option is to increase Building Act fees and charges to recover 71% of Council costs for these services; and

9. Adopts the Statement of Proposal for the Building Act 2014 and Property Information fees and charges as detailed in Attachment 3 (A2565321) to Report R21403; and

10. Agrees a summary of information contained in the Statement of Proposal for the Building Act 2014 and Property Information fees and charges is not necessary to enable public understanding of the proposal; and

11. Agrees the preferred option is to increase Environmental Health fees and charges as proposed in Attachment 4; and

12. Adopts the Statement of Proposal for the Proposed Environmental Health fees and charges as detailed in Attachment 4 (A2563976) to Report R21403; and

13. Agrees a summary of information contained in the Statement of Proposal for the Proposed Environmental Health fees and charges is not necessary to enable public understanding of the proposal; and

14. Notes the increases for the Dog Control fees and charges, that do not require public consultation, identified in Attachment 5 of Report R21403 (A2554765) will take effect from 1 July 2021; and

15. Notes no change will be made to the discretion to lower the rating of particular activities under the Sale and Supply of Alcohol Act; and

16. Approves the consultation approach (set out in section 7 of this report) and agrees:

a) the approach includes sufficient steps to ensure the Statements of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b) the approach will result in the Statements of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

17. Approves commencement of the Special Consultative Procedures, with the consultation period running from 16 March to 16 April 2021.

Courtney/McGurk Carried

9. Biosecurity Annual Review

Document number R21465, agenda pages 100 - 110 refer.

Environmental Programmes Adviser, Richard Frizzell, and Team Leader Science and Environment, Leigh Marshall, spoke to the report, noting the review would begin as soon as possible. They advised that officers were compiling a table of pests, and answered questions on pest control in the Nelson and Tasman regions, in particular regarding Taiwan Cherry.

Attendance: Councillor O'Neill-Stevens returned to the meeting at 11.37a.m.

Resolved EC/2021/006
	*That the Environment and Climate Committee* 1. Receives the report Biosecurity Annual Review (R21465) and its attachments (A2262413, A2504242, A2504241, and A2486628).
Fulton/McGurk Carried
Recommendation to Council EC/2021/007
	*That the Council* 1. Approves the Operational Plan 2020-21 for the Tasman-Nelson Regional Pest Management Plan (A2486628), specifically as it relates to Nelson City Council’s area.
Fulton/McGurk Carried

10. Submission to the Marlborough Environment Plan - Variations 1 and 1A

Document number R22605, agenda pages 111 - 117 refer.

Manager Environmental Planning, Maxine Day, presented the report and answered questions regarding space for aquaculture. Following discussion it was agreed that there would be a minor change to the submission to make it clear that Nelson City Council had not formed a view on aquaculture at this stage, with the wording to be approved by the Chairperson.

Resolved EC/2021/008

That the Environment and Climate Committee

1. Receives the report Submission to the Marlborough Environment Plan - Variations 1 and 1A (R22605) and its attachment (A2562993); and

2. Approves the amended submission attached to report R22605 for release to Marlborough District Council.

Noonan/Skinner Carried

11. Environmental Management Quarterly Report - 1 October 2020 - 31 December 2020

Document number R22560, agenda pages 118 - 152 refer.

Group Manager Environmental Management, Clare Barton, answered questions regarding the Spatial Plan timeline, coastal inundation information availability, native forestry, litter trap trials, and a permanent location for the Pop Up Park.

Attendance: Councillor Rainey returned to the meeting at 12.13p.m.

Further questions were answered regarding Jobs for Nature funding, an explanation on the changes to LIM notations and the draft Emissions Reductions Action Plan.

Resolved EC/2021/009

That the Environment and Climate Committee

1. Receives the report Environmental Management Quarterly Report - 1 October 2020 - 31 December 2020 (R22560) and its Attachments (A2563404, A2548631, A2559930, A2553113, and A2497431).

Skinner/Brand Carried

There being no further business the meeting ended at 12.32p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 7: Submission to the Climate Change Commission's Draft Advice to Government

Environment and Climate Committee

13 April 2021

REPORT R23751

Submission to the Climate Change Commission's Draft Advice to Government

1. Purpose of Report

1.1 To retrospectively approve the Council’s submission on the Climate Change Commission’s Draft Advice to Government.

2. Summary

2.1 The Climate Change Commission invited submissions on its proposed advice to central government on actions required to meet New Zealand’s net zero carbon emissions targets by 2050. Submissions closed 28 March 2021.

2.2 A submission was prepared in discussion with the Environment and Climate Committee Chair and submitted on behalf of Council. Retrospective approval of the submission is sought from this Committee.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Submission to the Climate Change Commission's Draft Advice to Government (R23751) and its attachment (A2598134); and

2. Approves retrospectively Council’s submission to the Climate Change Commission on the Draft Advice for Consultation (A2598134 – Attachment One of report R23751).

4. Background

4.1 Central Government has committed to reaching net zero emissions of all grrenhouse gases other than biogenic methane by 2050. Biogenic methane emissions by between 24-47% from 2017 levels by 2050. Council adopted targets for its own emissions I line with these government targets at its meeting of 20 August 2020.

4.2 Current government policies will not enable New Zealand to meet these targets. Accordingly, the Commission has drafted advice on potential pathways to meet the 2050 targets.

4.3 The attached submission has a mix of support for, and suggested amendments to the proposed advice.

5. Discussion

Outline of the Commissions Draft Advice

5.1 The Draft Advice (www.climatecommission.govt.nz/get-involved/consultation/) included the Commission’s views on whether achieving the targets will be possible.

5.2 The Commission noted that achieving the targets is possible and can lead us to be a thriving, climate-resilient, low-emissions country. However, strong and decisive action is needed now to drive transformational and lasting change across society and sectors.

5.3 However, the Commission also concluded that if “decisive action” is taken now then it is still possible to meet the targets. This would require transformational and lasting change across society and sectors.

5.4 The Commission provided recommendations for sectors including transport, building, electricity, natural gas, agriculture, forestry and waste.

5.5 The Commission is also proposing three emissions budgets. These budgets set a maximum amount of greenhouse gases Aotearoa can emit for the four years between 2022-2025 and then five-year time intervals. The budgets propose stepping down the emissions budgets for each interval. The Commission comments that the budgets are ambitious, but achievable. The proposed budgets are:

Years	Emissions budgets in million tonnes of CO₂
2018 (baseline)	69.2
2022-2025	67.7
2026-2030	57.3
2031-2035	44.6

5.6 The balance of the reduction of carbon budgets to zero would be undertaken between 2035-2050.

Scope of the Commission’s feedback request

5.7 The Consultation Document requests feedback on six big issues and a further 24 more detailed areas. Council’s submission (Attachment One) responds to each of these matters. The six big issues are:

1. Do you agree that the emissions budgets we have proposed would put Aotearoa on course to meet the 2050 emissions targets?

2. Do you agree we have struck a fair balance between requiring the current generation to take action, and leaving future generations to do more work to meet the 2050 target and beyond?

3. Do you agree with the changes we have suggested to make the Nationally Determined Contribution compatible with the 1.5°C goal?

4. Do you agree with our approach to meet the 2050 target that prioritises growing new native forests to provide a long-term store of carbon?

5. What are the most urgent policy interventions needed to help meet our emissions budgets?

6. Do you think our proposed emissions budgets and path to 2035 are both ambitious and achievable considering the potential for future behaviour and technology changes in the next 15 years?

Council’s submission

5.8 The submission included the following points:

5.8.1 Encouraged the Commission to consider methods that would decrease emissions sooner (65% of the reduction in the emissions budgets are left for the 15 years from 2035 – 2050). Similar comments were made by LGNZ and a number of other councils in their submissions.

5.8.2 Supported faster transition to electric vehicles.

5.8.3 Supported consideration of co-benefits of emissions reduction work, including social, economic and biodiversity outcomes.

5.8.4 Supported the creation of genuine, active and enduring partnerships with iwi/Māori as part of the emissions work programme.

5.8.5 Supported central and local government working in partnership.

5.8.6 Supported establishing a process for incorporating the views of all New Zealanders and highlighted the Nelson Tasman Climate Change Forum as a model that could be adopted.

5.9 Two options are presented to the Committee to either retrospectively support the submission or not to support the submission. Officers recommend Option One.

Option One: Retrospectively approve the pro-forma submission on the proposed advice from the Climate Change Commission to central government
Advantages	· Signals overall support on the draft advice from the Commission · Is aligned with Council’s climate change objectives
Risks and Disadvantages	· None
Option Two: Do not retrospectively approve the pro-forma submission on the proposed advice from the Climate Change Commission to central government
Advantages	· None
Risks and Disadvantages	· Council’s views on the pathways that central government may take to meet its emissions targets will not be taken into consideration by the Commission when it finalises its advice

6. Next Steps

6.1 The Commission will review submissions to its draft advice and then finalise its advice to central government.

6.2 Central government will review the advice and use it to inform its work and policies that contribute to New Zealand reaching the emissions targets by 2050.

6.3 The Government is proposing to include this advice in its first emissions reduction plan by 31 December 2021. A work programme of monitoring and developing updated emissions budgets are contained within the draft advice from the Commission.

Author: Mark Tregurtha, Manager Strategy

Attachments

Attachment 1: A2598134 Submission on Climate Change Commission Draft Advice to Central Government ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The submission is aligned with the purpose of Local Government in enabling “democratic decision-making and action by, and on behalf of, communities” as it reflects Council’s proposed actions and policies to contribute to the emissions targets. In the longer term meeting New Zealand’s emissions targets will contribute to the community’s economic, social, cultural and environmental wellbeing.

2. Consistency with Community Outcomes and Council Policy

The recommendations in this report support the following Nelson City Council Community Outcomes – “Our unique environment is healthy and protected”; “Our infrastructure is efficient, cost effective and meets current and future needs”; “Our communities are healthy, safe, inclusive and resilient” and “Our region is supported by an innovative and sustainable economy”.

3. Risk

Submitting on this report is consistent with Council’s strong commitment to climate change action and is of low risk.

4. Financial impact

The submission does not directly affect Council’s financial position. There may be an impact on Council’s work programme and budgets at later dates, both positive and negative, depending on Central Government’s implementation of the proposed work programme and actions.

5. Degree of significance and level of engagement

Deciding to retrospectively approve the submission is of low significance. The Climate Change Commission Draft Advice is open to the public to submit on. The submission supports the climate change objectives of Council.

6. Climate Impact

The submission outlines Council’s adoption of central government’s targets for net zero emissions of long-lived gases by 2050 and reducing biogenic methane. The submission emphasises the co-benefits that arise from reducing 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 Committee includes the following delegations to consider:

Areas of Responsibility:

· Climate Change policy, monitoring and review

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

· Climate change reserve fund use

Delegations:

· The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies. The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

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

Item 8: Compliance, Monitoring and Enforcement Metrics Report 2019/20

Environment and Climate Committee

13 April 2021

REPORT R22727

Compliance, Monitoring and Enforcement Metrics Report 2019/20

1. Purpose of Report

1.1 To consider the third annual Compliance, Monitoring and Enforcement (CME) Metrics report for Regional and Unitary Councils for 2019/20.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report Compliance, Monitoring and Enforcement Metrics Report 2019/20 (R22727) and its attachment (A2519419).

3. Background

3.1 On 1 March 2021, the third CME Metrics report was publicly released (see Attachment 1 for the full report). The Compliance and Enforcement Special Interest Group (CESIG) initiated the metrics report based on a survey conducted across all Regional and Unitary Councils. The report aims to provide insight and improvement to CME delivery, and share best practice across the sector.

3.2 Nationally the sector achieved a 99.2% response rate to environmental incidents and complaints in the most recent reporting year, demonstrating continual improvement over each of the past three reports. There were also over 7,000 individual enforcement actions taken for breaches of the Resource Management Act. The sector undertook almost 64,000 assessments of over 41,000 consents. Both the number of consents monitored and the number of assessments completed increased by approximately 13,000 when compared to the previous year.

3.3 Nelson City Council was one of three councils that monitored 100% of resource consents that required monitoring. The information gaps on pages 12, 13 and 38 are due to the service request system used for recording complaints does not have fields that identify whether the response included a physical attendance or if the outcome confirmed a breach of a rule or resource consent. There is also no field in the service request system or MagiQ to record if a warning has been given. The ability to capture this and other data required for reporting has been identified and is being addressed.

3.4 The report identifies, on page 18, that year on year Nelson is reporting a lower level of compliance. However, this is likely to be due to the way the level of compliance is being recorded than actual compliance by consent holders. Until recently the monitoring status could only be identified as “satisfactory” or “not applicable”. The satisfactory status would often incorporate the low level of non-compliance on the understanding agreed measures will be taken to rectify this.

3.5 About halfway through the reporting year the monitoring status changed to be aligned with the Ministry for the Environment recommended compliance grades of: full compliance, low non-compliance, moderate non-compliance, significant non-compliance or not monitored. Before this change there was a higher level of compliance as the “satisfactory” status combined the full compliance and the low non-compliance categories. For future reports it is expected the results for this section will show similar or improving levels.

3.6 For the same reasons the results on page 20 of the report identify a high level of compliance grading in the “other” category. This level will decrease significantly for future reports. Importantly there were only 1% of consents in the last financial year that had moderate non-compliance and none at the significant non-compliant level.

3.7 The report also commented on page 41 that Nelson was the only region that had no prosecutions concluded over the period and that a reluctance to prosecute is unlikely to result in behaviour change due to a lack of consequence. Nelson has undertaken prosecutions in the past where other enforcement methods did not produce the expected environmental outcome. Prosecutions are undertaken but only where other enforcement approaches have not achieved the necessary improved outcomes.

3.8 Monitoring officers contact consent holders of the more risky activities and conduct pre work meetings on site with contractors to ensure the conditions are clearly understood so compliance can be proactively achieved. Focussing resources on activities that could lead to potential effects on the environment minimises the risk that environmental harm occurs at a scale that warrants prosecution. The information gaps on page 46 should be zeros as there were no prosecution fines.

3.9 The process to attain a decision for prosecutions has changed since the information identified on page 34 was provided. A decision to prosecute under the RMA is reached by way of officers’ recommendation, then a legal recommendation is obtained and all information is provided to the decision panel consisting of the Group Manager, Senior Legal Adviser and the Chief Executive.

4. Conclusion

Overall Nelson’s CME data is positive and is not showing any major areas of concern when compared to other regions.

Author: Mandy Bishop, Manager Consents and Compliance

Attachments

Attachment 1: A2519419 CME Metrics Report 2019-20 ⇩

Item 8: Compliance, Monitoring and Enforcement Metrics Report 2019/20: Attachment 1

PDF Creator

Item 9: Ratification of the updated Port Nelson Noise Contour Map

Environment and Climate Committee

13 April 2021

REPORT R18192

Ratification of the updated Port Nelson Noise Contour Map

1. Purpose of Report

1.1 To receive and ratify the updated Port Nelson Noise Contour Map as set out in the 2018 review.

2. Summary

2.1 The Nelson Resource Management Plan (NRMP) requires Port Nelson to operate in accordance with a Port Noise Management Plan and to review this Plan on a regular basis. The NRMP states that the Port Noise Management Plan is to contain a Port Noise Contour Map and that any updates are to be ratified by the Council.

2.2 The Port Noise Liaison Committee (PNLC) has provided Council with an updated version of the Port Nelson Noise Contour Map further to a review of the map in 2018 and 2019. It is now seeking that the Council give effect to the amendments from the 2018 review of the contour map.

2.3 Port Nelson and the PNLC have met statutory requirements in reviewing the Port Noise Contour Map. It is recommended that the updated Port Noise Contour Map as set out in the 2018 review is ratified by Council in accordance with the requirements of the NRMP.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Ratification of the updated Port Nelson Noise Contour Map (R18192) and its attachment (A2428728); and

2. Confirms ratification of the 2018 amendment of the Port Noise Contour Map (A2428728).

4. Background

4.1 The Nelson Resource Management Plan (NRMP) permits noise emitting activities to occur at the Port if Port Nelson operates in accordance with a Port Noise Management Plan, implements and complies with a Mitigation Plan, and maintains a Port Liaison Noise Committee. These noise provisions were collectively developed in conjunction with Port Nelson, the Council, and community representatives as part of Environment Court appeal negotiations in 2012.

4.2 The Port Noise Management Plan (NMP) sets out the long term commitment of Port Nelson Limited (PNL) regarding the management of port noise from Port related activities. The NMP outlines how PNL will take active steps to comply with the noise management controls in the NRMP (Rule INr.40) and the reasonable noise requirements of the Resource Management Act (section 16 RMA).

4.3 The NRMP sets out minimum requirements for the Port Noise Management Plan, including that it contain a Port Noise Contour Map. The contour map is required to be updated on an annual basis initially for the first five years, and then every two years. The contour map was reviewed in 2018 and subsequently recommended to be updated. The updated contours were further reviewed in 2019, in accordance with the annual review requirement, and were confirmed as not requiring modification. The contour map now requires review on a two-yearly basis – the next review being due later this year (2021).

4.4 Alterations to the Port Noise Management Plan are to be by resolution of a majority of the Port Noise Liaison Committee (PNLC) and ratified by the elected Council. Ratification includes formal acceptance or consent that the required process (as set out in the NRMP) has been followed correctly.

4.5 The PNLC comprises three members of PNL (Environment Officer, General Manager Infrastructure, General Manager Operations), three Residents Representatives (members appointed by residents living in the Port Hills), and an independent chairperson appointed by the PNLC.

4.6 The PNLC is required to meet not less than four times per year. Further to its meeting in November last year the PNLC confirmed its support for the amendments to the port noise contour boundaries in the 2018 Noise Contour Review and have requested that the Council gives effect to these new boundaries.

5. Discussion

5.1 In accordance with the requirements of the NRMP, Port Nelson completed an annual review of the Port Nelson Noise Contour Map in 2018 and 2019. To reflect the scale and nature of changes to Port operations over previous years a full acoustic model review was completed in 2018, and was confirmed by the 2019 review.

5.2 The 2018 full acoustic review included on site noise measurements of PNL’s operations over a busy five day period by a qualified acoustics engineer, and the recalibration and running of the model to predict the Port Nelson Noise Contour Map. The 2018 prediction of the Port Noise Contour Map has resulted in changes to the contours, and consequentially the properties affected by the Port noise that are eligible for acoustic treatment assistance from PNL.

5.3 The 2018 model was verified by ground measurement and the recommendation made by the acoustic engineer (Hegley Acoustic Consultants) is that the changes are consequential and the 2018 Noise Contour Map is appropriate and should be adopted. This recommendation was peer reviewed and endorsed by Marshall Day Acoustics.

5.4 The updates to the Port Noise Contour Map broadly includes both the inclusion and exclusion of properties (in comparison to the 2005 port noise contours) at each of the three dBA contours as follows:

· 50 dBA – inclusion of a small number of residentially zoned properties on Maori Road, Fountain Place, Beachville Crescent, Stanley Crescent, Victoria Heights, Queens Road, Harbour Terrace, Fifeshire Crescent and Wakefield Quay, and a small number of commercially zoned properties on Haven Road where it intersects with Fountain Place; and exclusion of a very small number of residentially zoned properties on Beachville Crescent, Britannia Heights, Victoria Heights, Harbour Terrace, Albert Road and Wakefield Quay.

· 60 dBA – inclusion of commercially zoned properties on Haven Road where it intersects with Fountain Place, a residentially zoned property on Russell Street, and a small number of residentially zoned properties on Queens Road; and exclusion of a small number of residentially zoned properties on Beachville Crescent, a number of residentially zoned properties on Mount Pleasant Ave, and a small number of residentially zoned properties on the corner of Victoria Heights and Queens Road.

· 65 dBA – inclusion of a small number of commercially and residentially zoned properties along Haven Road where it intersects with Russell Street; and exclusion of some residentially zoned properties on Queens Road and a small number of commercially zoned properties on Haven Road.

5.5 In conclusion, Port Nelson has followed the correct process as set out in the NRMP, and have met its obligations, with respect to the reviews and update of the Port Noise Contour Map.

5.6 With respect to the properties that are shown on the current Port Noise contour map, the NRMP also requires the Port operator to make available to these property owners, an annual update on the noise modelling information for the first five years and every two years thereafter. As this requirement only relates to properties that are included in the current Port Noise Contour Map (and not necessarily the properties that the contour map no longer applies but which were on the contour map pre the 2018 review amendment), a specific request will be made to the Port to inform all affected landowners of the change (as in those properties that have been added, removed and retained through the 2018 amendments of the Port Noise Contour Map).

6. Options

Option 1: Ratify the 2018 amendment of the Port Noise Contour Map
Advantages	· Council meets its obligations set out under the Nelson Resource Management Plan. · Port Nelson and PNLC can continue to meet and operate in accordance with the requirements of the Nelson Resource Management Plan. · The community and affected residents can continue to receive the mitigation anticipated by the Environment Court decision.
Risks and Disadvantages	· No significant risks or disadvantages from this option.
Option 2: Do not ratify the 2018 amendment of the Port Noise Contour Map
Advantages	· No significant advantages from this option.
Risks and Disadvantages	· The Council, Port Nelson and PNLC fail to meet the requirements set out in the Nelson Resource Management Plan. · Financial and relationship implications for Port Nelson operations, the community and residents located within the updated Port noise contours.

7. Conclusion

7.1 Port Nelson and the PNLC have met statutory requirements and provided Council with the necessary reviews of the Port Noise Contour Map. It is recommended that the updated Port Noise Contour Map is ratified by Council in accordance with the requirements of the NRMP.

8. Next Steps

8.1 The next step for Port Noise is for Council officers to provide an update to elected members following stakeholder engagement on the options assessment for managing noise effects generated at the Port (proposed to commence next month).

Author: Natasha Wilson, Principal Planner

Attachments

Attachment 1: A2428728 - Port Nelson - Noise Contours - 2018 Review ⇩

pPoP

Important considerations for decision making

1. Fit with Purpose of Local Government

The review and update of the Port Nelson Port Noise Contour Map is consistent with Local Government Act 2002 requirement to promote the environmental wellbeing of the Nelson community.

2. Consistency with Community Outcomes and Council Policy

The review and update of the Port Nelson Port Noise Contour Map is a requirement of the Nelson Resource Management Plan for the management of noise generated by Port operations. This is consistent with the Council’s community outcome that:

Our communities are healthy, safe, inclusive and resilient.

3. Risk

There are no perceived risks associated with accepting and ratifying the 2018 amendment of the Port Noise Contour Map.

4. Financial impact

No additional resources or costs are required. Review of the options for managing noise effects generated at the Port will be considered as part of the anticipated Nelson Plan costs.

5. Degree of significance and level of engagement

This matter is of low significance and is in accordance with a process set out by the Environment Court and anticipated by the members of the community who have the potential to be affected. Further, members of public will have the opportunity to submit on the Port noise management processes through public engagement (phase 2) on the Draft Nelson Plan.

6. Climate Impact

The decision to accept the 2018 update of the Port Noise Contour Map will have no impact on the ability for the Council or City to proactively respond to the impacts of climate change now or in the near future and will have no impact on greenhouse gas emissions.

7. Inclusion of Māori in the decision making process

No engagement with Māori has been, or is required to be, undertaken in preparing this report.

8. Delegations

The Environment Committee has the following delegations to consider the Port Noise Contour Map (which is a requirement of the Nelson Resource Management Plan):

Areas of Responsibility (5.4.1):

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

Delegations (5.4.2):