Resolved CL/2021/044

That the Council

1.        Receives and accepts the apology from Councillor B McGurk for lateness.

Her Worship the Mayor/Noonan                                                     Carried

Ian Williams, representing Upper Trafalgar Street hospitality businesses, tabled a document (A2636923) and spoke about outdoor dining rents in the central city.  He said that hospitality businesses had experienced a significant downturn in income over the summer months, and explained the importance of a healthy hospitality sector as part of the COVID-19 recovery. 

Mr Williams suggested alternative methods for calculating outdoor rents.  He requested Council support through reduced rental payments to allow businesses to continue to utilise outdoor dining spaces, and answered questions.

Attachments

1    A2636923 - Ian Williams - Public Forum - Tabled document

Principal Parks and Facilities Activity Planner, Andrew Petheram, and Parks and Facilities Activities Planner, Jane Loughnan, presented the report.  They answered questions regarding accessibility issues, signage, promotion and marketing, and potential future developments at Saxton Field.

Attendance:  Councillor McGurk joined the meeting at 9.40a.m.

Mr Petheram and Ms Loughnan answered further questions regarding recreational spaces at Saxton Field, the applicability of Council policies, and the role Saxton Field could play in providing opportunities for improved community health and wellbeing.

The meeting was adjourned from 9.51a.m. until 10.06a.m.

It was agreed that the wording of clause 4.11.2.2 should be altered to “Council staff shall consult with adjoining landowners and assess risks to domestic and farm animals in the neighbourhood before granting any approvals.”

During discussion, it was further clarified that Council’s policies, including the Sugar-Sweetened Beverages Policy, applied across all Council-owned venues.

Resolved CL/2021/045

That the Council

1.    Receives the report Adoption of Saxton Field Reserve Management Plan (R23723) and its attachments (A2623408, A2323410 and A2323412); and

2.    Notes the submissions on the Draft Plan and the recommendations of the Hearing Panel relating to the Saxton Field Reserve Management Plan, contained in the minutes of the hearings and deliberations meeting held on 10 February 2021 as per Attachment 1 (A2623408) of report R23723; and

3.    Agrees to amend the wording of the Draft Plan as per the Hearing Panel recommendations contained in the minutes of the deliberations meeting held on 10 February 2021 (noting that these amendments have been incorporated into the version of the final Saxton Field Reserve Management Plan 2021, as per Attachment 2 (A2323410) of report R23723; and

4.    Resolves in accordance with Section 41 of the Reserves Act 1977 and the delegated authority from the Minister of Conservation (dated 12 June 2013) to adopt the Saxton Field Reserve Management Plan 2021 as per Attachment 2 (A2323410) of report R23723), with minor amendments; and

5.    Authorises Councillor Edgar, along with a Councillor appointed by Tasman District Council, to approve any minor edits or changes to the Plan, prior to publication, including:

·         Reference to the Community Outcomes of Nelson City and Tasman District Councils in the vision section.

Edgar/Noonan                                                                              Carried

Group Manager Corporate Services, Nikki Harrison, presented the report.  She answered questions regarding activation in the central city, the use of public spaces for outdoor dining, the impact of closed borders on hospitality business turnover, Council’s request for financial information to support the request for rental relief, and the review of the Outdoor Dining Policy.

Councillor Noonan, seconded by Councillor Fulton, moved:

That the Council

1.     Receives the report COVID 19 Rental Relief (R23740) and its attachments (A2485949 and A2603581); and

2.     Approves 50% rental relief for outdoor dining licensees, upon application from licence holders demonstrating financial hardship, from 1 March 2021 through to December 2021 while the outdoor dining policy is reviewed; and

3.     Directs officers to review the Outdoor Dining Policy before the end of the calendar year.

Councillor Skinner, seconded by Councillor Lawrey, moved an amendment to clause two of the motion:

2.     Approves 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence holders demonstrating financial hardship, from 1 March 2021 through to December 2021 while the outdoor dining policy is reviewed; and

During debate, with the agreement of the mover and seconder and with the leave of the meeting, further additions were made to the amendment wording:

2.     Approves up to 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence and concession holders demonstrating financial hardship, from 1 March 2021 through to 1 December 2021 while the outdoor dining policy is reviewed; and

The amendment was put.

Resolved CL/2021/046

That the Council

2.    Approves up to 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence and concession holders demonstrating financial hardship, from 1 March 2021 through to 1 December 2021 while the outdoor dining policy is reviewed.

Skinner/Lawrey                                                                            Carried

The amendment became clause two of the substantive motion. The substantive motion was put.

Resolved CL/2021/047

That the Council

1.    Receives the report COVID 19 Rental Relief (R23740) and its attachments (A2485949 and A2603581); and

2.    Approves up to 100% rental relief for outdoor dining licensees, street stalls and concession holders, upon application from licence and concession holders demonstrating financial hardship, from 1 March 2021 through to 1 December 2021 while the outdoor dining policy is reviewed; and

3.    Directs officers to review the Outdoor Dining Policy before the end of the calendar year.

Noonan/Fulton                                                                              Carried

The meeting was adjourned from 11.15a.m. until 11.32a.m, at which time Councillor Skinner was not present.

Group Manager Infrastructure, Alec Louverdis, and Chris Ward, of PolicyWorks Limited, presented the report.  Mr Louverdis advised that clause 4 of the officer recommendation been altered to:

4.       Requests the Chief Executive to provide a further report to Council in relation to project management and scope prior to the project commencing; and

Attendance:  Councillor Skinner returned to the meeting at 11.43a.m.

Mr Louverdis and Mr Ward answered questions regarding scope, phasing and budget for the project, including:

·         When a detailed budget would be available, contingency levels, and the budget for required earthquake strengthening measures;

·         The key risks and assumptions underpinning the Business Case, particularly with regards to the Three Waters Review and the possibility of any local authority amalgamation, and risks relating to legislative requirements;

·         Scope of the project, including reasons for excluding the tenanted area on level three, timing issues, and ensuring that Civic House’s function as an Emergency Operations Centre was protected;

·         Proposed phasing of, and procurement for the project, including the reasons for suggesting a floor by floor approach;

·         Climate change aspects of the project, including opportunities for incorporating climate change objectives of emissions reduction, adaptation, resiliency, leadership and innovation into the design;

·         Electricity reduction and diesel elimination goals, including the lifespan of the current generator, potential heating systems, and the potential for photovoltaic panels; and

·         Health and Safety considerations, including earthquake strengthening aspects, accessibility issues and ensuring spaces were inclusive and reflective of Council’s Te Tiriti o Waitangi obligations.

During discussion, additional bullet points were added to clause two of the recommendation, the wording of clause four was further amended, and an additional clause five was added to the recommendation.

The motion was taken in parts.

Resolved CL/2021/048

That the Council

1.    Receives the report Civic House Refurbishment Business Case (R23752) and its attachments (A2618201, A2618347 and A2618407).

Noonan/Fulton                                                                                 Carried

Resolved CL/2021/049

That the Council

2.      Approves, subject to final confirmation of funding through the Long Term Plan 2021-2031, option 1: staged refurbishment of Civic House contained within the Civic House Refurbishment Business Case (A2618201), noting that the scope includes:

-      Progressively refurbishing each floor of Civic House over an eight year period;

-      Moving the Chamber to the ground floor;

-      Providing a Councillor lounge adjacent to the Chamber;

-      Providing a consistent, modern staff working environment on each floor with a range of work areas;

-      Raising the ground floor of Civic House to mitigate flooding based on a 1% AEP river flood event in 2080;

-      Implementing measures to reduce electricity use by 20% and eliminate diesel use by 2030;

-      incorporating design principles which deliver to Council’s climate change objectives;

-      providing for accessible and inclusive design;

-      recognising iwi partnership; and

3.      Notes that the following renewals will be prioritised ahead of the overall refurbishment due to end of life/safety concerns:

-      tower block roof;

-      ventilation, heating and boiler systems; and

4.      Requests the Chief Executive to provide a further report to Council in relation to project management (budget, quality and time) and scope prior to the project commencing; and

5.      Requests the Chief Executive to provide a further report with regards to appropriate levels of earthquake strengthening.

Noonan/Fulton                                                                                 Carried

Bernie Goldsmith spoke in support of the establishment of a Māori Ward in Nelson.  She spoke about the recent legislation changes regarding the establishment of Māori Wards, and outlined the barriers that Māori candidates faced when considering standing for Council without provision for a Māori Ward. 

Ms Goldsmith emphasised the importance of building on the relationship Council had developed with tangata whenua, by having a clear Māori voice at the Council table.  She noted further that the inclusion of Māori at the decision-making table would result in improved wellbeing for the entire community.

Ms Goldsmith tabled a letter from Minister of Local Government, Hon Nanaia Mahuta (A2657219).

Attachments

1    A2657219 -Bernie Goldsmith - Public Forum - Tabled document

Document number R22653, agenda pages 216 - 226 refer.

Kaihautū, Pania Lee, Manager Governance and Support Services, Devorah Nícuarta-Smith, and Group Manager Strategy and Communications, Nicky McDonald, presented the report. 

Ngāti Kuia Chair, Waihaere Mason, and Ngāti Rārua Chair, Olivia Hall, spoke on behalf of Te Tau Ihu iwi, and emphasised the importance of establishing a Māori Ward, as a step towards partnership under Te Tiriti o Waitangi and to ensure a Māori voice was present at the decision-making table.  Their kōrero was followed by waiata.

Her Worship the Mayor, seconded by Councillor Edgar, moved the recommendation in the officer report. 

Ms Nícuarta-Smith and Ms Lee, along with Chief Executive, Pat Dougherty, answered questions regarding the establishment and operation of a Māori Ward, and the upcoming representation review. 

Following debate, Kaumātua Melanie McGregor spoke about the importance of standing up for rights under Te Tiriti o Waitangi, and noted the historic occasion of Council’s decision.

Resolved CL/2021/050

That the Council

1.    Receives the report Establishment of a Māori Ward for the 2022 Local Government Elections (R22653); and

2.    Rescinds clause 4 of resolution CL/2020/140 made on 22 September 2020:

 ‘4.   Decides not to introduce a Māori Ward;’ and

3.    Establishes a Māori Ward in Whakatū/Nelson for the 2022 local government election, and

4.    Notes that a Māori ward must exist within a wider ward-based system; and

5.    Requests analysis and options for the 2021 Representation Review include specific focus on communities of interest and options for ward boundaries.

Her Worship the Mayor/Edgar                                                        Carried

The decision was followed by waiata.

The meeting was adjourned from 10.47a.m. until 11.12a.m, at which time Councillor Fulton was not present.

Group Manager Infrastructure, Alec Louverdis, presented the report.  He was accompanied by Waka Kotahi Director Regional Relationships (Lower North Island), Emma Speight, Principal Transport Planner, Rhys Palmer, and Manager Design Practice and Solutions, Coral Aldridge.

Attendance:  Councillor Fulton returned to the meeting at 11.15a.m.

Ms Aldridge and Mr Palmer gave a PowerPoint presentation (A2642950).  They outlined the preferred programme of works should Council approve to proceed to this step.

Ms Aldridge, Mr Palmer and Ms Speight answered questions regarding:

·         Proposed funding levels for and monitoring of the Short Term and Other Improvements programme outcomes;

·         Proposed public engagement activities;

·         Proposed timing and funding of the preferred proposal for the Rocks Road Walk and Cycle programme;

·         The preferred long term proposal of Refined Priority Lanes, and

·         The proposed retention of the inland route for resiliency reasons, and how this land would be managed in the future.

Resolved CL/2021/051

That the Council

1.    Receives the report Nelson Future Access - Preferred Programme Public Engagement (R18168) and its attachments A2631617 and A2632937; and

2.    Approves the Nelson Future Access Study Preferred Option as detailed in Attachment A2632937 of Report R18168 as the option to proceed to public engagement.

McGurk/Her Worship the Mayor                                                     Carried

Attachments

1    A2642950 - Waka Kotahi - PowerPoint presentation

Her Worship the Mayor explained that the meeting would move into confidential session to consider confidential items other than items 6 and 7, Nelmac six monthly strategic presentation and Nelmac Limited draft Statement of Intent 2021/22, which would be considered later in the meeting.

Resolved CL/2021/052

That the Council

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

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

Her Worship the Mayor/Edgar                                                        Carried

1

Council Meeting - Confidential Minutes - 11 March 2021

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(a)

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

·   Section 7(2)(h)

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

·   Section 7(2)(i)

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

2

Council Meeting - Confidential Minutes - 18 March 2021

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(a)

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

·   Section 7(2)(b)(ii)

     To protect information where the making available of the information would belikely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

·          Section 7(2)(g)
To maintain legal professional privilege

·   Section 7(2)(i)

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

3

NCC – TDC Engineering Services Agreement and NCC – TDC Waimea Community Dam Funding Agreement

Note:  this item was withdrawn from the agenda

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(h)

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

·   Section 7(2)(i)

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

4

Building Claim mediation update

Mediation for claim and terms of settlement

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(g)

     To maintain legal professional privilege

7

Mayor’s Report – update on current matters

Chief Executive’s Review

Strategic Development and Property Subcommittee update on:

·        Strawbridge Square

·        Haven Precinct

·        Kinzett Terrace

·        Tahuna Beach Camp Lease

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(a)

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

·   Section 7(2)(h)

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

·   Section 7(2)(i)

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

8

Recommendations from Committees

Urban Development Subcommittee – 20 April 2021:

·        Totara Street Properties Update

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

Document number R22652, agenda pages 227 - 235 refer.

Group Manager Strategy and Communications, Nicky McDonald, Kaihautū, Pania Lee and Manager Governance and Support Services, Devorah Nícuarta-Smith, presented the report.  

They answered questions regarding current external appointees, the recruitment and appointments process, and subsequent updates to committee and subcommittee Terms of Reference should the recommendation be passed.

During discussion, a preference was noted to have no more than two external appointees per committee or subcommittee, with the ability to also appoint non-voting external advisers to committees or subcommittees to contribute specific technical knowledge.

Attendance:  Councillor Skinner left the meeting at 2.29p.m.

The meeting was adjourned from 2.33p.m. until 2.44p.m. 

Resolved CL/2021/059

That the Council

1.    Receives the report Options for Increasing Māori Representation on Committees and Subcommittees (R22652); and

2.     Establishes roles to represent Māori in each of the following governance bodies of Council:

a.     Community and Recreation Committee

b.    Infrastructure Committee

c.     Audit, Risk and Finance Subcommittee

d.    Forestry Subcommittee

3.    Directs Officers to liaise with iwi and seek nominations for an appropriate candidate for each role.

Fulton/Courtney                                                                                           Carried

Extension of Meeting Time

Resolved CL/2021/060

That the Council

1.        Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

O'Neill-Stevens/Rainey                                                                  Carried

Document number R24823, agenda pages 212 - 215 refer.

Her Worship the Mayor presented the report.  She noted the significance of Council’s decisions to establish a Māori Ward and to establish Māori appointees on committees and subcommittees.

Attendance:  Councillor Skinner returned to the meeting at 3.06p.m.

The motion was taken in parts. 

Resolved CL/2021/061

That the Council

1.    Receives the report Mayor's Report (R24823).

Her Worship the Mayor/Edgar                                                        Carried

Resolved CL/2021/062

That the Council

2.  Amends the membership of the Nelson Tasman Regional Landfill Business Unit on a permanent basis, effective immediately, as follows: 

Her Worship the Mayor/Edgar                                                        Carried

Resolved CL/2021/063

That the Council

3.  Amends the liaison role on the Waimea Inlet Coordination Group on a permanent basis, effective immediately, as follows: 

Her Worship the Mayor/Edgar                                                        Carried

Document number R24797, agenda pages 287 - 306 refer.

Nelson Tasman Economic Portfolio Manager, Jessica Bensemann, presented the report, and answered questions regarding the Regional Events Fund.

Resolved CL/2021/064

That the Council

1.    Receives the report Nelson Regional Development Agency Six Month Report July - December 2020 (R24797) and its attachment (A2617044).

Edgar/Sanson                                                                               Carried

Document number R23733, agenda pages 307 - 315 refer.

Group Manager Corporate Services, Nikki Harrison, presented the report.  She was accompanied by Nelmac Limited Board Chair, Rob Gunn, Chief Executive Jane Sheard, and Chief Financial Officer, Lindsay Coll.

Resolved CL/2021/065

That the Council

1.    Receives the report Nelmac Limited six monthly report to 31 December 2020 (R23733) and its attachment (A2585117).

O'Neill-Stevens/Courtney                                                              Carried

6

Nelmac six monthly strategic presentation

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(h)

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

7

Nelmac Limited draft Statement of Intent 2021/22

Section 48(1)(a)

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

The withholding of the information is necessary:

·   Section 7(2)(i)

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

Resolved CL/2021/070

That the Council

1.    Sets the marina fees and charges for 2021/22 as outlined in Attachment 2 (A2541155) to report R22618.

Noonan/Bowater                                                                           Carried

Document number M16497, agenda pages 14 - 19 refer.

It was noted that the paragraph above item 1, Apologies, would be re-worded as follows:

“Civic House was unable to be accessed at the advertised meeting start time, due to protest action blocking entry to the building.  Time-bound items had to be considered, therefore the meeting convened via audio-visual link (zoom), in accordance with the Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (no 3) 2020.”

Resolved CL/2021/071

That the Council

1.     Confirms the amended minutes of the meeting of the Council, held on 11 March 2021, as a true and correct record.

Her Worship the Mayor/O'Neill-Stevens                                          Carried

Document number M17604, agenda pages 20 - 32 refer.

Resolved CL/2021/072

That the Council

1.     Confirms the minutes of the meeting of the Council, held on 18 March 2021, as a true and correct record.

Her Worship the Mayor/Courtney                                                   Carried

Document number R24823, agenda pages 212-215 refer.

Her Worship the Mayor noted, as an additional item to the Mayor’s Report, the following recipients of the New Zealand Institute of Architects Awards:

·         Enduring Architecture Award – Civic House

·         Small Project Architecture Award – Tahunanui Beach Lions Toilet Block.

Document number R24782, agenda pages 236 - 246 refer.

Manager Governance and Support Services, Devorah Nícuarta-Smith and Team Leader Governance, Robyn Byrne, presented the report.  Ms Byrne noted the review date on the policy should state August 2022.

They answered questions regarding effectiveness reviews for external appointees, including the involvement of the Iwi-Council Partnership Group for the review of Māori appointees, how review outcomes would be relayed to elected members, and remuneration levels compared to elected member base remuneration levels.

Attendance:  Councillor Noonan left the meeting at 4.56p.m.

Resolved CL/2021/073

That the Council

1.    Receives the report Selection, Appointment and Remuneration Policy for External Appointees on Council Committees and Subcommittees (R24782) and its attachment (A2337456); and

2.    Approves the Selection, Appointment and Remuneration Policy for External Appointees on Council Committees and Subcommittees (A2337456), subject to inclusion of:

·         A remuneration cap no greater than the councillor base salary;

·         Inclusion of a conversation with the Iwi-Council Partnership Group in relation to the review of any Māori appointee; and

·         Inclusion of a mechanism to enable feedback from any review being circulated to elected members.

Brand/McGurk                                                                              Carried

3

CONFIDENTIAL: Building Claim mediation update

That the Council

5.     Agrees that Report (R22701) remain confidential at this time.

5

CONFIDENTIAL: Nelmac Limited draft Statement of Intent 2021/22

That the Council

4.     Agrees that Report (R22704), Attachments (A2585116 and A2549408) and the decision remain confidential at this time.

6

CONFIDENTIAL: Recommendations from Committees:

Urban Development Subcommittee – 20 April 2021 -

Totara Street Properties Update

That the Council

3.      Agrees that Report (R24766) and the decision remain confidential at this time.