Notice of the Ordinary meeting of
Environment and Climate Committee
Te Kōmiti Taiao / Āhuarangi
Date: Thursday 10 June 2021 Time: 9.00a.m. Location: Council
Chamber |
Agenda
Rārangi take
Chairperson Cr Kate Fulton
Deputy Chairperson Cr Brian McGurk
Cr Mel Courtney
Members Her Worship the Mayor Rachel Reese
Cr Yvonne Bowater
Cr Trudie Brand
Cr Judene Edgar
Cr Matt Lawrey
Cr Gaile Noonan
Cr Rohan O'Neill-Stevens
Cr Pete Rainey
Cr Rachel Sanson
Cr Tim Skinner
Ms Glenice Paine
Quorum: 7 Pat Dougherty
Chief Executive
Nelson City Council Disclaimer
Please note that the contents of these Council and Committee agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision. For enquiries call (03) 5460436.
· 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
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)
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
Environment and Climate Committee
10 June 2021
Karakia and Mihi Timatanga
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
4. Hearing of Submissions – Environmental Management Fees and Charges Review 2021
4.1 Clive Lewis Design (2004) Ltd - Draft Environmental Group Fees and Charges Review - Submission 27189
5. Public Forum
Document number M16556
Recommendation
That the Environment and Climate Committee 1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 13 April 2021, as a true and correct record. |
7. Chairperson's Report 13 - 26
Document number R25917
Recommendation
That the Environment and Climate Committee 1. Receives the report Chairperson's Report (R25917) and its attachment (A2642611); and 2. Approves retrospectively the attached Nelson City Council submission on the Ministry of Business, Innovation and Employment Building Code Consultation 2021 (A2642611). |
8. Environmental Management Fees and Charges Review 2021 - Deliberations Report 27 - 144
Document number R24824
Recommendation
That the Environment and Climate Committee 1. Receives the report Environmental Management Fees and Charges Review 2021 - Deliberations Report (R24824) and its attachments (A2621284, A2635824, A2635787, A2661168, A2652035 and A2669343); and 2. Notes the submissions received as part of the special consultative procedure on the review of the Environmental Management fees and charges in Attachment 1 (A2621284); and 3. Approves amendments to the fees and charges under the Building Act 2004 as outlined in Attachment 2 (A2635824) to commence from 1 July 2021; and 4. Approves amendments to the charges under the Resource Management Act 1991 and Housing Accords and Special Housing Areas Act 2013 as outlined in Attachment 3 (A2635787) to commence from 1 July 2021; and 5. Approves amendments to the Food Act 2014 fees and charges as outlined in Attachment 4 (A2661168) to commence from 1 December 2021; and 6. Approves amendments to the Public Health Act 1956 fees and charges as outlined in Attachment 5 (A2652035) to commence from 1 July 2021.
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9. Environmental Management Group Quarterly Report - 1 January - 31 March 2021 145 - 217
Document number R23741
Recommendation
That the Environment and Climate Committee 1. Receives the report Environmental Management Group Quarterly Report - 1 January - 31 March 2021 (R23741) and its attachments (A2624202, A2616129, A2595956, A2611893, A2623840, A2623547, A2617445, and A2497431).
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Confidential Business
Recommendation
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 |
Environment and Climate Committee Meeting - Confidential Minutes - 13 April 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) |
2 |
Business Adviser report on Brook Waimarama Sanctuary Trust
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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)(c)(i) To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied |
Karakia Whakamutanga
Environment and Climate Committee Minutes - 13 April 2021
Minutes of a meeting of the Environment and Climate Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Tuesday 13 April 2021, commencing at 9.03a.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), M Lawrey, G Noonan, P Rainey, R Sanson, T Skinner and Ms G Paine
In Attendance: Group Manager Environmental Management (C Barton), Group Manager Strategy and Communications (N McDonald), Governance Adviser (J Brandt) and Governance Support (P Boutle)
Apologies : Councillors J Edgar and R O’Neill Stephens
1. Apologies
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Resolved EC/2021/010 |
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That the Environment and Climate Committee 1. Receives and accepts the apologies from Councillors J Edgar and R O’Neill Stevens for attendance. |
Sanson/McGurk Carried |
2. Confirmation of Order of Business
There was no change 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
4.1 Nelson Residents Association (NRA) - the climate change emergency and its financial effect on rate payers – Bernadine Goldsmith
Bernadine Goldsmith, supported by Kiamaia Goldsmith, gave a presentation (A2616633). Ms Goldsmith said the NRA had reservations about rates rises and recommended that Council investigates alternative funding sources, does not build near the flood-prone rivers, and protects existing properties in innovative ways (e.g. in Monaco). |
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Attachments 1 A2616633 - Bernie Goldsmith - Nelson Residents Association - Presentation 13Apr2021 |
4.2 Climate Action Group of the Nelson Tasman Climate Forum
Joanna Santa Barbara, David Ayre, and Louise Bleakley tabled the Regional Climate Action Plan (A2610531). Ms Santa Barbara explained the point of difference between climate actions in the Long Term Plan and the Regional Climate Action Plan (the Plan) created by the Climate Action Group, noting that it sought to cover those areas that fell outside of Council’s areas of responsibility, to enable a whole-of-society approach. Ms Santa Barbara said that the Plan was about to enter into its outreach phase, during which households, businesses, community groups and organisations would be approached. The Committee expressed their appreciation for the work that had gone into producing the Regional Climate Action Plan. |
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Attachments 1 A2610531 - Regional Climate Action Plan 13Apr2021 |
5. Confirmation of Minutes
5.1 17 February 2021
Document number M15412, agenda pages 7 - 14 refer.
Recommendation |
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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. |
Courtney/McGurk |
6. Chairperson's Report
Councillor Fulton gave a verbal Chairperson’s Report. She spoke about her input to the submission to the Climate Change Commission’s Draft Advice to Government and her attendance at the LGNZ Climate Change Symposium in February 2021.
7. Submission to the Climate Change Commission's Draft Advice to Government
Document number R23751, agenda pages 15 - 49 refer.
Manager Strategy, Mark Tregurtha, presented the report.
Recommendation |
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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).
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Fulton/Her Worship the Mayor |
Attendance: Councillors T Brand and T Skinner left the meeting at 9.48a.m.
8. Compliance, Monitoring and Enforcement Metrics Report 2019/20
Document number R22727, agenda pages 50 - 128 refer.
Manager Consents and Compliance, Mandy Bishop, presented the report. She answered questions regarding performance measurement, Māori involvement in decision making and the strategic guidance of the Compliance Strategy.
Resolved EC/2021/011 |
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That the Environment and Climate Committee 1. Receives the report Compliance, Monitoring and Enforcement Metrics Report 2019/20 (R22727) and its attachment (A2519419)
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McGurk/Bowater Carried |
9. Ratification of the updated Port Nelson Noise Contour Map
Document number R18192, agenda pages 129 - 172 refer.
Manager Environmental Planning, Maxine Day, presented the report. She answered questions about the ratification process, noting that details were set out in the Nelson Resource Management Plan (Section AP 29 A 1 h).
The meeting was adjourned from 10.33a.m. to 10.53p.m.
Recommendation |
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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). |
Courtney/Paine |
10. Exclusion of the Public
Chris Ward of Policy Works Ltd was in attendance for Item 2 of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed:
Resolved EC/2021/012 |
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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 Policy Works 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. |
McGurk/Paine Carried |
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Resolved EC/2021/013 |
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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: |
McGurk/Paine Carried |
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
1 |
Resource Consents team - update on actions
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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 |
The meeting went into confidential session at 10.57a.m. and resumed in public session at 2.13p.m.
Restatements
It was resolved while the public was excluded:
1 |
PUBLIC EXCLUDED: Resource Consents team - update on actions |
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3. Agrees that Report R23719, its attachments (A2587678 and A2586771) and the decision remain confidential at this time. |
2 |
PUBLIC EXCLUDED: Options for Regulatory Services |
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8. Agrees that Report (R10080), Attachments (A1569827, A1696084, A2177478, A2583656 and A1696102) and the decision remain confidential at this time. |
There being no further business the meeting ended at 2.13p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 6: Chairperson's Report
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Environment and Climate Committee 10 June 2021 |
REPORT R25917
Chairperson's Report
1. Purpose of Report
1.1 To update the Committee on various matters;
1.2 To retrospectively approve the Nelson City Council submission on the Ministry of Business, Innovation and Employment (MBIE) Building Code Consultation 2021.
2. Recommendation
3. Discussion
3.1 Officers have prepared a submission on the MBIE Building Code Consultation 2021. The submission was lodged by the due date on 28 May 2021
3.2 The submission supports a move to change the Building Code to improve outcomes for housing, including for quality medium and higher density housing, to reduce carbon emissions and to improve the ability of buildings to withstand the future effects of climate change.
Author: Kate Fulton, Chairperson
Attachments
Attachment 1: A2642611 - Building Code Update 2021 Submission ⇩
Item 7: Environmental Management Fees and Charges Review 2021 - Deliberations Report
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Environment and Climate Committee 10 June 2021 |
REPORT R24824
Environmental Management Fees and Charges Review 2021 - Deliberations Report
1. Purpose of Report
1.1 To deliberate on the Environmental Management fees and charges review 2021 and decide on the fees and charges to apply under the Resource Management Act 1991 (RMA) and Housing Accord and Special Housing Areas Act 2013 (HASHAA), Building Act 2004, Food Act 2014, and the Public Health Act 1956.
2. Summary
2.1 Public consultation on the proposed Environmental Management fees and charges has occurred. Nine submissions were received.
2.2 It is recommended the Committee approve the proposed new fees and charges for all activities to commence on 1 July 2021, except charges under the Food Act. Concern was raised in submissions regarding the timing of introducing the new food fees and charges due to the COVID-19 challenges for some in the hospitality sector. It is recommended that the Committee delay the introduction of the new food fees until 1 December 2021.
3. Recommendation
4. Background
4.1 On 17 February 2021 (R21403) the Environment and Climate Committee approved four statements of proposal for a special consultative procedure (refer attachment 6 A2669343).
4.2 The consultation period occurred between 16 March and 16 April 2021. Nine submissions were received and are attached (Refer Attachment 1 A2621284). Targeted engagement occurred across various sectors associated with the special consultation, through various methods including mailchimp, newsletters and discussion with associations.
4.3 Council can decide on the level of fees and charges within the range of options provided in the statement of proposal, that is, between no change and the change proposed (but not higher).
5. Discussion
Building fees and charges
Submissions
5.1 Three submissions were received regarding the proposed building fees and charges. Submitters raised concerns with:
· The ability of the online portal to accept large hand-drawn plans.
· The inability to come into the Council to have plans checked.
· The potential reliability of the portal and reduction in communication to problem solve.
· The online portal efficiency. Suggested if it has led to efficiencies why haven’t the costs gone down?
· Lack of efficiencies in Council’s operations and knowledge. Noted the private sector is mindful when any increases are made.
· The charge out rate being not justified. Suggested the charge out rate was commensurate with more qualified professions.
· The fees being significant and out of proportion with CPI.
· The service needs to be improved with accountability, increased accuracy, and a better break down of the costs when requested by clients.
5.2 Councils across New Zealand have been moving to electronic methods for the receiving and processing of building consents over recent years. The electronic portal is the primary way consent applications are received. Hardcopies, including for large hand-drawn plans, are the exception but can be accepted with a charge used to scan these documents into the system.
5.3 The use of electronic files streamlines the process for councils between the various departments e.g. planning and infrastructure. Having the files stored electronically also assists with record keeping. There have been a few issues with the portal however, these have now been resolved including training for some customers using the portal. The team has recently met and is working on a number of actions to provide an even better customer service and this includes communication with the building industry over requirements when a building consent is lodged and how to do this effectively through the portal.
5.4 Officers are mindful of the need to be available to discuss any issues and resolve matters as quickly and efficiently as possible. Officers are contactable by phone, face to face meetings including through the duty building officer or by email. Where a request is made for a more detailed breakdown of costs this request can be met.
5.5 In terms of the qualifications of officers, competency training is regularly completed to meet all legislative requirements. It is acknowledged there is a severe national shortage of qualified, competent resource in the building sector. It is therefore critical that Council retain staff, their skills and knowledge, to ensure all legislative requirements are met.
5.6 The proposed increase is higher than CPI but comparisons have been made with other councils and the proposed rates are consistent with similar sized councils as outlined in the 17 February 2021 Committee meeting report R21403 (refer attachment 6 A2669343).
Recommendation and Discussion
5.7 As proposed in the SCP documentation, an hourly charge out rate is recommended of $164 (up from $160) and $200 (up from $160) for commercial properties recognising the complexity of commercial builds. The proposed building fees and charges are detailed in Attachment 2 (A2635824) and are proposed to commence from 1 July 2021. The costs met by the fees and charges include consent processing, inspections, compliance and responding to public enquiries.
5.8 The Revenue and Financing Policy requires 60-80% of the total costs to be met by fees and charges. The proposed fees and charges will cover 71% of the costs of the activity.
5.9 The Committee will have noted from the Environmental Management Group’s Quarterly Report, the Building income is $649,000 greater than budget. In setting the budgets for the 2020/21 year, officers predicted a downturn in the construction sector and consequently a reduction in income. This has not occurred. Given the increased number of consents there will be an increased use of consultants to keep on top of timeframes and this will increase the cost of processing which will utilise budgets.
Resource Consents and HASHAA fees and charges
Submissions
5.10 No submissions were received regarding the proposed Resource Management Act 1991 (RMA) and Housing Accords and Special Housing Areas Act 2013 (HASHAA) fees and charges.
Recommendation and Discussion
5.11 As proposed in the SCP documentation, it is recommended the Committee approve the fees and charges outlined in Attachment 3 (A2635787), based on the increased hourly charge out rate of $162 (from $160) and commencing from 1 July 2021. The activities include consent processing, monitoring, enforcement and responding to public enquiries.
5.12 The Revenue and Financing Policy requires 40-60% of resource consent activity costs to be recovered from charges. The proposed fees and charges will cover 45% of the costs of the activity and is in line with other regulatory hourly charge out rates.
Food Act fees and charges
Submissions
5.13 Five submissions were received regarding the proposed food fees and charges. Submitters raised concerns with:
· The timing of introducing these fee increases. They suggested the increase not become effective until the 2022-23 financial year at the earliest or staged over future years.
· The processing of the Food Control Plans is very onerous. They suggested a streamlined digital based template be introduced such as either Business Connect (https://businessconnect.govt.nz /help/) or Chomp (https://www.chomp.nz/), and that it would reduce time and cost for all involved.
· The financial pressures currently on the hospitality sector, including cost structure increases such as electricity (+5%), insurance (+5%), minimum wage (+21% over three years). This is cumulative across suppliers that pass these on to end users. Whilst they agreed increases are needed from time or time, this is not the time to be putting any further pressure on the hospitality industry.
· The hourly rate of the hospitality sector workers of about $22.00 per hour. They noted that owners earn little more than this themselves. Including employee entitlements, the true cost per hour worked for these businesses is around double this rate. They also suggest the Council charge out rate is too high.
· The role the hospitality sector provides Nelson with its much-needed diversity and choice to the community. It highlights the inequity or severe under-valuing of the value the hospitality sector brings to our community.
· The proposed increase of about 9% and noted CPI is currently only 1.4%.
Comment on Submissions
5.14 Officers will review the proposed Business Connect and Chomp proposals suggested for digital based templates to help reduce the time and cost involved. The systems will need to be assessed for compliance with the Ministry of Primary Industries registration and reporting requirements.
5.15 Commentary on financial pressures in the hospitality sector is included in the discussion section below.
Options for Food Fees and Charges
5.16 The advantages and disadvantages of four options are outlined below:
Option 1: Delay the increase in fees and charges as proposed (hourly rate $162 and licence fee $255) commencing 1 December 2021 (RECOMMENDED OPTION) |
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Advantages |
· Less criticism from operators for increasing fees in the current economic context. · Recognises the challenges faced by the sector this year. · More in line with other councils. · The rates component is reduced over time. |
Risks and Disadvantages |
· Rates savings are delayed for this activity for 5 months. · Lost income of about $4,000 which will need to be met by the General Rate, although recovered in the following year. |
Option 2: Retain the current fees and charges |
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Advantages |
· Operators do not face increased fees. · Would not receive criticism. · Recognises the challenges faced by some of the sector this year. |
Risks and Disadvantages |
· The cost of the food activity is not sufficiently covered by income from fees and charges. · Does not meet the cost recovery requirements of the Food Act 2014. · Increases will be required in the future and likely to be greater. · The hourly rate continues to be inconsistent with other regulatory services. · No rates savings are realised for this activity. · A further special consultation procedure would be required at a later date. |
Option 3: Increase fees and charges (hourly rate $162 and licence fee $255) (commencing 1 July 2021) recovering 48% of the costs |
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Advantages |
· The proportional cost of services is better met by users/food operators than ratepayers. · Better meets the cost recovery requirements of the Food Act 2014. · Hourly rates are more consistent with other regulatory functions. · The general rates component is reduced. · Recognises food operators have not received an increase since the fees and charges were introduced in 2016. |
Risks and Disadvantages |
· Dissatisfaction and likely to receive criticism by operators for the increase in costs at a challenging time. · Could increase costs following non-payments requiring more staff follow up time. |
Option 4: Phase in the proposed increase over two or more years |
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Advantages |
· Less criticism from operators for increasing fees in the current economic context. · Recognises the challenges faced by the sector. |
Risks and Disadvantages |
· Rates savings and recovering lost income are delayed. · Unlikely to reach alignment with other councils’ charges as they continue to increase in the interim. · May not prevent a significantly larger increase later. · Further special consultative procedures are required. |
Recommendation and Discussion
5.17 As proposed in the SCP documentation, it is recommended that the food fees and charges be $162 hourly rate and an initial licence fee of $255. To recognise the hardship for some it is proposed there be a delay to the increase, to commence on 1 December 2021. The Revenue and Financing Policy requires 40-60% of food activity costs to be recovered from charges. This proposal recovers 51% from fees and charges of the costs of the activity. (Refer to Attachment 4 A2661168 for the proposed fees).
5.18 The hourly rate is in general accordance with Tasman’s hourly rate of $160 (licence fee $242) and Marlborough $145 (licence fee $254). The hourly rate is less than similar sized councils, such as Napier City Council and New Plymouth District Council. These were included in the Committee’s report R21403 (refer attachment 6 A2669343).
5.19 The food activities include registrations, verifications, compliance and monitoring functions, and responding to public enquiries. As previously advised the food fees and charges have not increased since 2016, when the new Food Act came into force. It was noted at the time the food fees and charges would not be increased until all businesses transitioned to the new regime, which has now occurred. Forecasting a downturn due to COVID-19, officers budgeted for reduced food income, but the income is still down on that estimate. Currently, income is $40,500 under budget year to date.
5.20 If the Committee accepts the proposed hourly rate of $162 a food premises will see an increase in a new registration to $688.50 (up from $629 and a difference of $59.50) and thereafter $479 annually (up from $444 and a difference of $35). A national programme would see an increase to $162 (up from $148) in the first year and thereafter a total of only $81 annually (up from $74).
5.21 Revenue of $110,000 and costs of $229,500 are estimated for the 2021/22 financial year based on the proposed $162 hourly rate. If the current hourly rate of $148 were to be used $100,025 income is estimated and the user contribution would be 44%.
5.22 Officers suggest some consideration of potential hardship over the winter period could be provided with a delay of 5 months to the commencement of the increased charges (to 1 December 2021). Paymark data shows the last 12-month consumer spend (cafés, restaurants, bars, and takeaways) has not significantly changed on the same period as a year earlier. The food sector has experienced some increased costs e.g. the minimum wage has increased to $20 per hour from 1 April 2021.
5.24 The new Food Act requires Council when setting its fees to cover all reasonable costs incurred. This is a cost recovery model and must consider the matters outlined in section 198(2) of the Food Act, which are:
5.24.1 Equity – funding for services should generally, and to the extent practicable be sourced from the users or beneficiaries of those services at a level commensurate with their use; and
5.24.2 Efficiency – costs should generally be allocated and recovered to ensure maximum benefits are delivered at minimum cost; and
5.24.3 Justifiability – cost should be collected only to meet the actual and reasonable costs (including indirect costs) of the service; and
5.24.4 Transparency – costs are identified and allocated as closely as practicable to tangible service provisions.
5.25 The matters outlined in paragraph 5.24 above have been considered and the proposal also meets the requirements of the Revenue and Financing Policy.
Public Health fees and charges
Submissions
5.26 A submission was received regarding the proposed hairdresser fee. The submitter questioned the increase and the costs for the service. They suggested this was too much compared to other industries. No submissions were received regarding offensive trades. No submissions were received on the proposed new fees and charges for animal control and marine oil response.
Comment on Submissions
5.27 The proposed hairdresser licensing fee hourly rate of $162 (from $155) is in line with similar sized Councils, New Plymouth District Council $156, Palmerston North City Council $167, Marlborough District Council $178 and Tasman District Council $183. It takes an hour to process an annual licence fee including a site visit.
Recommendation and Discussion
5.28 As proposed in the SCP documentation, it is recommended the Committee:
a) Increase the hourly charge out rate to $162 for public health covering 45% of the costs of the activity. The Revenue and Financing Policy requires 40-60% of public health activity costs to be recovered from charges.
b) Increase the offensive trades fees to $243 (from $236).
c) Increase the animal control fees to $162 (from $125).
d) The marine oil response be an hourly rate at $162, and disbursements be at cost.
Refer to Attachment 5 A2652035 for the proposed new fees and charges commencing from 1 July 2021.
5.29 The proposed changes are in line with other regulatory hourly rates and are considered reasonable to meet the costs of the activities.
6. Options
6.1 The options are to:
i. Change the fees and charges as proposed in the public consultation documents but delay the commencement date for Food Act fees and charges.
ii. Decide not to make any changes to fees and charges for the 2021/22 financial year and keep the current fees and charges.
6.2 The options are outlined below with the preferred option being option 1.
Option 1: Change fees and charges as proposed commencing 1 July 2021 for RMA, HASHAA, Building and Public Health and commencing 1 December for Food fees and charges (RECOMMENDED OPTION) |
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Advantages |
· The increase in the fees and charges will ensure those gaining the benefit from the service pay a fair proportion of the costs of the service so there is less need for ratepayer funding. · Is consistent with what was proposed in the consultation. · Minimises pressure on rates. |
Risks and Disadvantages |
· Dissatisfaction from customers that the increase in fees is unreasonable. |
Option 2: Status quo – no changes to the fees and charges |
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Advantages |
· High level of customer satisfaction. |
Risks and Disadvantages |
· Ratepayers will need to contribute a higher proportion of the costs of the services. · Likely to require a higher increase in fees and charges at a later date. · The fees may no longer be at an appropriate level that meets the criteria for setting fees in the relevant legislation if the customer does not pay for the actual costs of the services they receive. |
7. Conclusion
7.1 The proposed changes to fees and charges are compliant with relevant legislation and will achieve a better proportionality between those receiving the benefit of that service and ratepayers.
7.2 The recommendations are for the amended fees and charges to come into effect from 1 July 2021 except for Food fees and charges which are proposed to commence from 1 December 2021. The proposed 5 month delay for Food fees and charges, recognises the current economic impact for some in the hospitality sector, as a result of COVID-19 restrictions on travel.
Author: Clare Barton, Group Manager Environmental Management
Attachments
Attachment 1: A2621284 Draft Environmental Group Fees and Charges Review 2021- TOTAL SUBMISSIONS - 19Apr2021 ⇩
Attachment 2: A2635824 Building Unit Fees and Charges commencing 1 July 2021 ⇩
Attachment 3: A2635787 Resource Management Act 1991 and Housing Accords and Special Housing Areas Act 2013 Fees and Charges Commencing 1 July 2021 ⇩
Attachment 4: A2661168 Food-Fees-and-Charges from 1 December 2021 ⇩
Attachment 5: A2652035 Public Health fees and charges from 1 July 2021 ⇩
Attachment 6: A2669343 - 2021 Environmental Management Fees and Charges review - 17 February 21 ⇩
Important considerations for decision making |
1. Fit with Purpose of Local Government The recommendations in the report provides for the cost-effective delivery of regulatory services that protect the environmental, cultural and social well-being of the community. |
2. Consistency with Community Outcomes and Council Policy The recommended charges assist with achieving the stated funding outcomes in the Long Term Plan. The resourced regulatory activities also contribute to our natural environment being healthy and protected, ensuring our communities are healthy and safe and communities have access to social and recreational activities. |
3. Risk The do-nothing option will not be consistent with the criteria for fixing charges specified in the various legislation. It will also likely to lead to greater percentage increases in the future. Increasing fees and charges by too high a level however could result in dissatisfaction by those impacted by the increase even if that increase is potentially justified. Proposed increases minimise the risk of dissatisfaction by increasing fees at a reasonable rate compared to current fees. |
4. Financial impact The proposed increases in charges will better enable costs for the services to be met in the medium to long-term at an appropriate proportion between applicants/consent holders and ratepayers and meet the Revenue and Financing Policy requirements for each activity. |
5. Degree of significance and level of engagement This matter is of medium significance because proposed increases while justified will impact applicants and consent holders. If the Committee chooses to delay or phase in the food fees and charges this will also affect the wider community as a greater percentage of the General Rate will be required to meet the costs of the activity. |
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 specific 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 · 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 smoke-free environments, and other public health issues · Hazardous substances and contaminated land · Maritime and Harbour Safety and Control · Pollution control · Regulatory enforcement and monitoring 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. · Approval of increases in fees and charges over the Consumer Price Index (CPI) |
Item 7: Environmental Management Fees and Charges Review 2021 - Deliberations Report: Attachment 1 – A2621284
Item 8: Environmental Management Group Quarterly Report - 1 January - 31 March 2021
|
Environment and Climate Committee 10 June 2021 |
REPORT R23741
Environmental Management Group Quarterly Report - 1 January - 31 March 2021
1. Purpose of Report
1.1 To report on financial and non-financial performance measure results for the third quarter of the 2020/2021 financial year for the Environmental Management Group activities. The activities included are: Building, City Development, Resource Consents and Compliance, Planning, and Science and Environment. Climate Change is also included in this report.
2. Recommendation
3. Financial Results
3.1 Monitoring the Environment expenditure is less than budget by $213,000. Hill Country Erosion expenditure is behind budget by $154,000, Sustainable Land Management expenditure is behind budget by $29,000, and Marine Sediment Monitoring expenditure is behind budget by $23,000. These are expected to be spent by the end of the year.
3.2 Developing the Resource Management Plan expenditure is less than budget by $564,000. Base expenditure is $495,000 less than budget which is due to staff taking on some work instead of consultants while a number of costs have been delayed in relation to freshwater and RMA National Policy Statements. There is an anticipated underspend of $588,000, of which $150,000 will be saving.
3.3 City Development expenditure is less than budget by $206,000. CBD Development is behind budget by $75,000, City Development Project is behind budget by $39,000, and City Development Consultants are behind budget by $49,000. It is anticipated that these will be spent this year.
3.4 Environmental Advocacy/Advice income is greater than budget by $89,000. The Maitai ERP Grant income is $94,000 ahead of budget.
3.5 Environmental Advocacy/Advice expenditure is less than budget by $430,000. The Maitai ERP Grant expenditure is behind budget by $158,000 with an underspend expected of $187,000 in this financial year, due to the timing of the grant and the expenditure which both cross financial years. Expenditure will be directly offset by grant income at year end. Terrestrial Biodiversity is behind budget by $106,000 and Waterways Biodiversity is behind budget by $100,000 with both anticipated to be fully spent.
3.6 Alcohol Licensing income is less than budget by $55,000. Application Fees are under budget $32,000 and Annual Fees are under budget by $12,000 as a result of lower activity caused by COVID-19.
3.7 Public Counter Land & General expenditure is less than budget by $60,000. Staff operating expenditure is $64,000 under budget due to Processing LIM costs being lower than originally planned. It is anticipated that Processing LIM costs will be $115,000 under budget by the end of the year.
3.8 Building Services income is $649,000 greater than budget. Building consent fees are ahead of budget by $348,000, BCA QA levy income is ahead of budget by $148,000, Building Warrant of Fitness is ahead of budget by $105,000 and Insurance Levy income is $72,000 ahead of budget. This is due to higher consent numbers compared with prior years as well as reduced budgets for an expected decrease in income due to COVID-19. It is anticipated that income will be over budget by $687,000 at year end.
3.9 Building Services expenditure is less than budget by $53,000. Several vehicles have been sold for which depreciation of $40,000 was recovered which in turn has lowered depreciation expense and caused a negative expense overall.
3.10 Resource Consents income is greater than budget by $55,000. Resource consent income is $44,000 ahead of budget and expected to be 87,000 over budget for the year.
4. Key Performance Indicators
4.1 The Environmental Management Group is on track to meet all but three of its performance measures. Refer to Attachment 1: Environmental Management Group Performance Measures Levels of Service (A2624202) for more information.
4.2 There were seven breaches of the building statutory timeframes (five building consents and two code compliance certificates (CCCs)). All instances have been reviewed and steps implemented to mitigate occurrences.
4.3 Building consents are now being outsourced to external contractors to keep on top of the workload and to ensure statutory timeframes are maintained going forward.
4.4 Resource consent compliance timeframes are 89 per cent for the third quarter. Nine resource consents were issued late, however, six were only up to three days over the 20-working day timeframe. The consents team is currently carrying two vacancies, and these are being actively recruited.
4.5 The alcohol licensing requirement of inspecting 100 per cent of licensed premises is unlikely to be met. This is due to the new Sale and Supply of Alcohol Act only requiring high risk premises be inspected. Currently, 89 per cent have been inspected. This measure will be amended as part of the new Long Term Plan levels of service.
5. Summary of activities
5.1 Building consents formally received are up 10 per cent on the same quarter last year and LIM applications Year to Date (YTD) (566) are significantly higher. The formally received consent numbers are now tracking at consistent levels to previous years. Refer Attachment 2: Building and Consents and Compliance statistics 1 Jan- 31 Mar 2021 (A2616129).
5.2 In the City Development activity: the Riverside Pop-Up Park shade sails have been completed; the City Centre Spatial Plan engagement is underway; the draft Development Contributions Policy has been out for consultation; and the Upper Trafalgar Street multi-function light poles and catenary lighting are under construction.
5.3 Work on the Whakamahere Whakatū Nelson Plan (Nelson Plan) has been continuing. Officers have been developing and preparing various technical reports to support the draft Nelson Plan.
5.4 Feedback on the Coastal Inundation engagement in November 2020 was presented to Council in February 2021. A series of actions arising from that feedback is now being progressed.
5.5 The harbourmaster and deputy harbourmaster completed nearly 700 safety checks. They spent around 40 per cent of their time on the water patrolling or taking part in exercises and events.
5.6 The normal freedom camping patrols ended at Easter. Due to COVID-19 and the closed borders only 4,484 vehicle checks were carried out over the summer period. This is significantly down on previous years.
5.7 In March 2021, a Nelson/Tasman combined oil spill response exercise was carried out. The exercise included planning and deploying response equipment (boom and skimmers).
5.8 The summer recreational bathing programme was completed for the year. 100% of monitoring was completed and all exceedances notified, achieving the level of service target for 20/21 financial year. Of 275 samples, there were six red alert and 22 amber alert exceedances. Red alerts are where the site has not met the water quality standards and the water should be avoided. Amber alerts mean caution is advised. These results are consistent with previous years.
5.9 There were no exceedances of the National Environmental Standards for Air Quality (NESAQ) during this quarter.
5.10 The Science and Environment team has lodged 4 applications for funding through Jobs for Nature. One was unsuccessful, and the other three are awaiting an outcome.
5.11 Of note, Council hosted DOC officers from the Wellington National Office in March. The DOC officers had come to view the good work being undertaken on Project Mahitahi. Positive feedback on the project has been received from DOCs national office, and this positive feedback has been given to ministers for their information. A video about the visit is available here: https://www.youtube.com/watch?v=ictftjBlW-8
6. Risks and Challenges
Building
6.1 Recruitment in specialist building roles continues to be a challenge. There is a national shortage of skilled and experienced Building Control officers. This is exacerbated by recruitment by private consultants and Kāinga Ora. Officers are exploring solutions to fill vacancies.
City Development
6.2 The City Development team is working to capacity. Options for additional resourcing are being considered to mitigate risks of delivery, particularly for the housing actions.
Planning
6.3 Work programmes are likely to be affected by the Resource Management Act (RMA) Reform announcements; and ongoing delays to the release of National Policy documents (e.g. NES Air Quality; Highly Productive Land; and Indigenous Biodiversity). Further national directions are also being considered by the Ministry for the Environment (MfE).
6.4 There are risks that these may be released while the Nelson Plan is being developed or heard. Where the timing does not align for inclusion into the notified version of the Nelson Plan, a subsequent plan change or variation may be required.
6.5 A report on the implications of the RMA reforms for the Nelson Plan programme is being prepared for a future Committee meeting.
Resource Consents and Compliance
6.6 The auditors identified some LTP measures covering dog and animal control, food safety and public health, alcohol licensing and pollution response as not meeting their requirements. A new report has been introduced that helps capture this data. However, this report still has limitations and has difficulty differentiating working days and the weekend. Officers are continuing to work with the supplier to ensure the report is fit for purpose.
Science and Environment
6.7 Work is scheduled to begin in the fourth quarter on the building of the laboratory and storage space for Hydrology and Water Quality Programmes. The final laboratory fitout should be completed in the first quarter of FY 2021/22 with restoration of full service.
6.8 There is a risk of Air Quality monitoring gaps due to several monitors nearing end of life and frequently requiring repairs. Officers are awaiting the amended National Environmental Standards for Air Quality for direction on the type of monitors required going forward. Options to lease monitors in the meantime are being investigated.
7. Legal Proceedings Update
7.1 The Building team currently has four legal proceedings in progress. These are being reported to the Audit, Risk and Finance Committee.
7.2 A hearing of a dog attack incident occurred on 2 December 2020 and the Judge’s decision to euthanise the dog was made on 18 December 2020. This decision was appealed although not upheld by the Court.
7.3 A further prosecution was made against a disqualified dog owner that continued to have two dogs (one of which attacked another dog). This has now been resolved with the High Court convicting the owner and ordering the dog be destroyed. The dog was to be euthanised by 9 April, however, the dog has subsequently disappeared and officers are unaware of its whereabouts.
7.4 Another dog that attacked a policeman has been seized. This case is also recommended for prosecution and is proceeding toward a hearing, with the next procedural date being 19 May 2021.
7.5 Officers have received an update on case management proceedings under the Maritime and Coastal Area Act (Takutai Moana) (MACA). Council has joined a number of applications, before the High Court, as an interested party. The Court has recently issued a minute outlining that hearings for MACA applications will be set down in 2022. The Committee will be provided with updates as matters proceed.
8. Climate Change
8.1 The Council’s operational footprint has been measured and audited by Toitū, a government-owned certification body, for the following two periods FY 2018/19 and FY 2019/20. Council is expecting to become certified next month after technical review is completed by Toitū. From the baseline year set up at FY 2017/18, Council draft results show a reduced total of 26% GHG emissions. Reductions in a carbon footprint inventory are represented by a combination of two factors:
8.1.1 reducing the quantity of tonnes, kWh, Litres, etc; and
8.1.2 yearly changes in the emission factors. e.g.: the consumption of electricity (kWh) was reduced as a result of LED upgrade, and the electricity’s emission factor used to estimate the tonnes of CO2 decreased as a result of a higher component of renewable energy injected to the national grid.
8.2 One of the highest emission reductions is from landfill, due to a slight reduction in the quantity of mixed waste going to landfill and a reduction in the emission factor. (The quantity of mixed waste considered in this inventory represents NCC’s 50% as per the equity approach.)
8.3 Electricity emissions have also reduced 20% from the base year. The change to LED Street lights has been the main contributor to this reduction, which also has an estimated saving cost of $137,000/year (based on 15 c/kWh, variable).
9. Environmental Management Activity Update by Business Unit
BUILDING
Achievements
9.1 The building inspectors undertook a total of 1,792 inspections this quarter compared to 1,237 in 2020, and 949 in 2019. This quarter represents a 45 per cent increase in inspections compared to the same period last year, as a result of increased consent applications.
Trends
|
2020-21 3rd Quarter |
2019-20 3rd Quarter |
Building consents formally received |
218 |
197 |
Code Compliance Certificates |
129 |
174 |
Inspections |
1792 |
1237 |
LIMs |
158 |
182 |
9.2 Building consents formally received and inspections undertaken are both up on the same quarter last year. CCCs are down 25 per cent as January and February were quiet compared to the same quarter last year. LIMs are also slightly down (13 per cent) this quarter, however YTD is tracking significantly higher than the previous years (566). Refer Attachment 2: Building and Consents and Compliance statistics 1 Jan- 31 Mar 2021 (A2616129).
Strategic Direction and Focus
9.3 The Ministry of Business, Innovation and Employment is consulting publicly on proposed changes to the NZ Building Code. Submissions close on 28 May 2021. The submissions page, with more information is https://www.mbie.govt.nz/have-your-say/building-code-update-2021/
9.4 Officers are preparing a submission on behalf of the Environment and Climate Committee, in discussion with the chair of that committee. Retrospective approval of the submission is sought.
9.5 The proposed changes are intended to support higher-density housing and ensuring buildings are more energy efficient. They aim to make homes and buildings warmer, drier and healthier, with less impact on our environment. It will introduce operating protocols about standards which provide information for how MBIE maintains and develops the Building Code as the building regulator.
9.6 The building team are working with several large construction projects currently underway, including the Malthouse Lane and Ocean View apartment buildings, and the retirement villages at Summerset and Coastal View. New subdivisions are continuing to be developed and housing demand remains strong.
9.7 In 2021, both the Building Consent Authority (BCA) and the Territorial Authority (TA) will be audited by IANZ and Ministry of Business, Innovation and Employment (MBIE) respectively. Officers are currently focusing on these areas in preparation for the auditors’ visits in June.
CITY DEVELOPMENT
Achievements
9.8 The Upper Trafalgar Street multi-function light poles and catenary lighting are under construction. This work will be completed in time for Matarikri and Light Nelson-Te Ramaroa events. Refer Attachment 7: Q3_20-21 – 1319 Upper Trafalgar St Improvements (JLD) (A2617445).
9.9 Officers are working on the Housing and Business Capacity Assessment, which is a National Policy Statement-Urban Development requirement, by 31 July 2021. In conjunction with Tasman District Council, a Housing Preferences Study and a Business Land Demand Assessment have been commissioned. Officers will draft separate housing assessments for Nelson and Tasman before providing a single urban environment overview.
Strategic Direction and Focus
9.10 The key strategic focus areas include:
· completion of the draft City Centre Spatial Plan by mid-2021;
· the Development Contributions Policy deliberations and amendments in conjunction with the LTP;
· the Housing and Business Capacity Assessment for adoption by 31 July 2021;
· commissioning of the Future Development Strategy review in conjunction with Tasman District Council;
· adoption of the vision, principles, and definitions for the housing reserve by Council; and
· collaborating with Kāinga Ora to explore options to leverage housing supply and alleviate the current housing situation.
9.11 Officers are continuing to implement the Intensification Action Plan and build developer relationships to leverage greater investment in housing.
PLANNING
Achievements
Nelson Plan Development
9.12 Development of the Nelson Plan continued to be the focus for the third quarter for the Environmental Planning team. The team presented feedback from the public engagement on the Draft Plan to councillors in February 2021. Actions arising from the public’s feedback have been initiated. Refer Attachment 6: 20.21 Q3 Quarterly Report – Nelson Plan Project sheet (A2623547).
9.13 Officers continued to prepare technical work needed to support the development of the Draft Nelson Plan. This has included progressing or finalising:
· The freshwater package to give effect to the NPS Freshwater Management 2020. A collaborative work programme has been established to progress Te Mana o Te Wai with Te Tauihu iwi, Tasman District Council and Marlborough District Council. The collaboration is being supported by officers from Our Land and Water (OLW) National Science Challenge’s working group ‘Enacting Te Mana o te Wai through Mātauranga Māori’. In addition, the community-based Freshwater Working Group met in March to continue to assist with the development of the Whakamahere Whakatū Nelson Plan.
· Draft provisions for the airport zone; and the Education & Research zone were finalised in preparation for consultation.
· Natural hazard mapping for slope instability and coastal erosion was prepared for public release and LIM notifications.
· Options for managing Port Noise via the Whakamahere Whakatū Nelson Plan have been prepared for stakeholder engagement.
Coastal Hazards
9.14 The team has continued applying the Dynamic Adaptive Pathways Planning (DAPP) approach for responding to coastal hazards. This is in preparation for a risk and vulnerability assessment and further engagement with the community.
9.15 Feedback from the public engagement in November 2020 was presented to Council in February 2021. A series of actions arising from that feedback is now being progressed.
9.16 In collaboration with Tasman District Council, opportunities are being investigated to progress the next phases of coastal hazards work.
Strategic Direction and Focus
9.17 The focus for 2021 includes:
· Finalising technical work and undertaking targeted and wider public engagement on specific issues to finalise the Nelson Plan.
· Progressing the DAPP approach for coastal hazards - while awaiting new legislation on climate change and managed retreat, as proposed through the Resource Management Act 1991 (RMA) Reforms.
· Implementing Central Government freshwater reforms.
· Anticipating and responding to Central Government RMA reforms.
RESOURCE CONSENTS AND COMPLIANCE
Achievements
9.18 This quarter officers:
· Attended 319 dog incidents and are on track to attend the same number of incidents as the FY 2019/20;
· Attended 486 noise complaints which is significantly down on last year representing only 45 per cent of the total for the FY 2019/20 (YTD 1114 complaints); and
· Processed 120 alcohol applications and inspected 34 premises.
9.19 The freedom camping patrols ended at Easter, having commenced in November 2020, and are significantly reduced compared to previous years. Due to COVID-19 and the closed border, only 4,484 vehicle checks were undertaken compared to the last financial year of 10,937. Enforcement activity is also down on previous years with only 116 infringements issued YTD compared to 244, in 2019/20.
9.20 Application numbers remain steady and consents issued in this period include:
· A Special Housing development of 20 lots in Hill Street.
· A conversion of the upper floors of an existing commercial building in the city centre to residential apartments and new buildings in the city centre containing residential apartments.
· An existing use rights certificate and certificate of compliance for activities on Pepin island.
9.21 The harbourmaster and deputy harbourmaster have been focussing on ensuring vessels have the correct navigation lights, people are wearing lifejackets, and are complying with speed restrictions. Five vessels were towed to safety after engine failures and two people on a paddleboard were returned to shore as they had no safety gear.
9.22 A Nelson/Tasman combined oil spill response exercise was carried out in March 2021, with Maritime NZ oversight. The exercise involved a comprehensive planning and deployment of response equipment (boom and skimmers). Those present included: Nelson City and Tasman District Councils pollution response staff, Maritime NZ, industry representatives (BP and Shell Oil) and Port Nelson officers.
Trends
9.23 Regulatory service request numbers are likely to be similar to previous years or are on target to be lower. However, parking enforcement activity is higher which is likely due to the new parking meters.
9.24 The number of non-notified resource consents issued YTD are about five per cent higher than the previous two years.
9.25 The total number of resource consent monitoring inspections is less than last year. This is due to last year’s lockdown period, where staff were able to complete a high number of desktop inspections while working from home.
Strategic Direction and Focus
9.26 Officers are participating in regional and national forums to provide consistency in how the new Policy Statements and Environmental Standards are implemented. Discussions have commenced on the replacement of the RMA and implications for both consenting and monitoring functions.
9.27 The resource consents team is working on a pre-application structure to deal with issues early and ensure a smoother consenting process. Work is continuing to improve processes, templates and forms to make them more fit for purpose for our customers.
SCIENCE and ENVIRONMENT
Achievements
Refer Attachment 8: 2020-21 Environment Committee Quarterly Report – Project data and health – Environmental Management (A2497431).
Healthy Streams
9.28 Rainfall totals across Nelson between January and March were lower than long term averages in January, and wetter (higher) in February and March. Refer Attachment 4: 2020-21 to Mar- 21 Cumulative Rainfall Graphs (A2611893). 28 Hydrology flow recorder/rain gauge site inspections were completed during this quarter.
9.29 State of the environment monitoring and water quality sampling was completed at 30 freshwater sites and nine coastal sites per month. A total of 117 sites were visited over the quarter.
9.30 The second art project for the Poorman Valley Stream Community Project was initiated and will be completed in time for Matariki. The project involves schools and community groups in the Stoke area.
9.31 Work is underway on erosion and sediment control which will set out the types of assessment, conditions, monitoring programmes required to ensure best practice erosion sediment control for subdivisions and land disturbances. The final report will be reported in June 2021.
Coastal and Marine
9.32 A new Coastal and Marine Programme has been developed and is now ready for implementation. The programme includes marine water quality monitoring, restoration projects, community engagement, and citizen science projects. It will sit alongside the existing estuarine monitoring programme. Refer Attachment 3: Coastal and Marine Programme Apr 21 (A2595956)
Nelson Nature Programme
9.33 There continues to be good uptake from Nelson residents of Council's Environmental Grants Scheme. Thirty-six applications were received in the February 2021 grant round (next round August 2021), with $155,000 requested. Most grants received some funding for their project and approximately $70,000 was awarded from Council's Nelson Nature, Healthy Streams and Sustainable Land Management programmes. The grants help:
· Support landowners and community groups to manage erosion on steep erodible land;
· Control weeds in significant natural areas;
· Trap pests;
· Restore stream margins and wetlands; and
· Plant over 8,000 native plants across the Nelson region.
9.34 The Nelson Nature team has been working alongside the Department of Conservation (DOC) to install permanent monitoring plots for the large native land snail, powelliphanta hochstetteri consobrina, in the Nelson region. The snail is unique to the ranges behind Nelson and is threatened by introduced predators and habitat disturbance. The plots will be monitored every three years and will provide data on snail populations that can be used to direct future protection efforts.
9.35 This season's wilding conifer and pampas ground control began in the Maitai and Roding water reserves. The control of wilding conifers will transition from ground control to targeting individual trees using helicopters from next year. This will allow much more efficient control of the small, low density trees that remain in the area. Surveys and planning for aerial control methods will commence in April 2021.
9.36 In February, the team applied for $1 Million from DOC's Jobs for Nature private land biodiversity fund to restore sites of high ecological value in the Wakapuaka and Whangamoa catchments. This included iwi-owned land, and the application has been endorsed by iwi land-owners (Ngāti Tama ki te Waiponamu Trust and Wakapuaka 1B Trust) and the Kotahitanga mō te Taio Alliance. The approval decision is currently with the Minister of Conservation.
Sustainable Land Management Programme
9.37 The second year of the Hill Country Erosion Project, funded by Ministry for Primary Industries (MPI), is well underway with erosion prone sites being prepared for planting of 50,000 plants by the end of June. Many of these sites have been identified through applications to the Environmental Grants Scheme.
9.38 Two Sustainable Land Management projects are being funded by the Regional Council Envirolink Fund this year. The first project, to understand more about Matauranga Māori in relation to land science, was completed this quarter. This was delivered via workshops and webinars with regional councils through the Land SIGs (Special Interest Groups).
9.39 The second Envirolink funded project is to develop guidelines for a range of stakeholders for transitioning plantation forestry to native forestry. The project is focused on iwi-owned forestry sites, and site-specific plans are currently being developed. The final report for this work is expected to be delivered by 30 June 2021.
9.40 A landowner-led project, to restore riparian and wetland areas on private land in the Wakapuaka, started this quarter. Council is supporting with advice, GIS and co-funding. The W’akapuaka Mouri Project has secured funding for five years through MfE Freshwater Improvement Fund project and is being delivered by the Tasman Environmental Trust.
Project Mahitahi
9.41 Project Mahitahi is a Jobs for Nature project co-governed, co-designed, and co-delivered with iwi, DOC, MfE, the Kotahitanga mō te Taiao Alliance and Council. The project is progressing well. At the end of the quarter many of the new roles have been recruited by a variety of organisations, including Nelmac, the Brook Waimarāma Sanctuary, Fulton Hogan, Ngāti Koata Trust, and Easy Trails. Two roles are based in Nelson City Council for project management and support.
9.42 MPI has continued to support community planting projects. This will be undertaken under Project Mahitahi and was awarded over $200,000.
9.43 A further application for funding has been made to DOC for a separate but related project for weed control on the Significant Natural Areas on Ngāti Koata land within the Hira Forest. The outcome of this application will not be known until May 2021.
Biosecurity
9.44 A resource consent has been granted enabling the use of aquatic herbicides for control of water celery in Stoke steams. Officers are developing an operational plan and stakeholder engagement is underway. A trial with an associated monitoring programme is planned for May 2021. The outcomes from the trial will help inform the operational plan for ongoing control.
9.45 Officers undertook authorised person training in March 2021. This will allow officers to effectively implement and enforce the provisions of the Tasman-Nelson Regional Pest Management Plan.
9.46 A summary of, and interactive link to the Top of the South Marine Biosecurity Partnership (TOSMBP) summer surveillance programme over the last five years, is now available via https://marinebiosecurity.gitlab.io/report/.
9.47 This programme involves proactive contact with vessels across Marlborough, Nelson and Tasman, over the summer period, including in-water checking of vessel hulls and nearby structures for incursions. It provides valuable information to inform future decisions, and detections on vessels can also be addressed immediately.
9.48 A review of the Top of the South Marine Biosecurity Partnership Strategic Plan will be carried out over the next six months. Established in 2009, the Partnership work has now progressed past what was outlined in the Plan. Results of the review will be presented to the annual Partnership meeting in September 2021.
Environmental education
9.49 The Enviroschools programme is continuing to have a high level of participation from Nelson schools. Nelson Central Kindergarten became a Bronze Enviroschool on 18 March 2021 and Nelson Christian Academy officially joined the programme as a full Enviroschool in March 2021.
Heritage Project Fund
9.50 Five of this year's successful applicants completed their projects during this quarter. The remainder are working to have their projects completed before the end of June 2021.
9.51 One project came in under budget and another has withdrawn, resulting in this account being underspent this year. Others are experiencing delays with contractor availability.
Warmer Healthier Homes
9.52 The Energy Efficiency and Conservation Authority (EECA) insulation grant funding model has changed, from 67 per cent to 90 per cent government funded. The funding changes have resulted in the Warmer Healthier Homes (WHH) contribution going further and more homes insulated for less regional funding. Therefore, the council will be required to contribute less funding than was budgeted, and there will be a saving in this financial year. LTP budgets have been adjusted to reflect the lower funding required going forward.
9.53 The WHH six-month report 1 July 2020 to 31 December 2020 has been received. Refer Attachment 5: Warmer Healthier Homes – Six month report 1 July 2020 to 31 December 2020 (A2623840).
Trends
9.54 The quarter has been busy with the Government 'Jobs for Nature' initiative and opportunities for Council to be involved.
Strategic Direction and Focus
9.55 The key focus for the next quarter will be on planning for the 2021/22 year, and the implementation of several newly developed programmes. Attention will also be given to responding further to the requirements of the NPS for Freshwater Management.
Author: Jane Budge, Principal Adviser Environmental Management
Attachments
Attachment 1: A2624202 Attachment Environmental Management Group Performance Measures Levels of Service - 3rd Quarter ⇩
Attachment 2: A2616129 Attachment Building and Consents and Compliance statistics 1 Jan - 31 Mar 2021 ⇩
Attachment 3: A2595956 Attachment Coastal and Marine Programme Apr 21 ⇩
Attachment 4: A2611893 Attachment 2020-21 to Mar- 21 Cummulative Rainfall graphs ⇩
Attachment 5: A2623840 Warmer Healthier Homes - Six month report 1 July 2020 to 31 December 2020 ⇩
Attachment 6: A2623547 Attachment 20.21 Q3 Quarterly Report - Nelson Plan Project sheet ⇩
Attachment 7: A2617445 Attachment Q3_20-21 - 1319 Upper Trafalgar St Improvements (JLD) ⇩
Attachment 8: A2497431 Attachment 2020-21 Environment Committee Quarterly Report - Project data and health - Environmental Management ⇩
Important considerations for decision making |
1. Fit with Purpose of Local Government 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. |
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 changes from Central Government has the potential to impact on work programmes, particularly the Nelson Plan, 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. |
· 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. |