Notice of the Ordinary meeting of
Environment and Climate Committee
Te Kōmiti Taiao / Āhuarangi
|
Date: Thursday
29 July 2021
Time: 9.00a.m.
Location: Council
Chamber
Civic House
110 Trafalgar Street, Nelson
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Agenda
Rārangi take
Chairperson Cr
Kate Fulton
Deputy
Chairperson Cr
Mel Courtney
Cr
Brian McGurk
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.
Environment
and Climate Committee
Areas of Responsibility:
·
Building control matters, including
earthquake-prone buildings and the fencing of swimming pools
·
Brook Waimarama Sanctuary Trust
·
Bylaws, within the areas of
responsibility
·
Climate Change policy, monitoring
and review
·
Climate change impact and strategy
overview - mitigation, adaptation and resiliency
·
Climate change reserve fund use
·
Environmental programmes including
(but not limited to) warmer, healthier homes, energy efficiency, environmental
education, and eco-building advice
·
Environmental regulatory and
non-regulatory matters including (but not limited to) animals and dogs,
amusement devices, alcohol licensing (except where delegated to the Alcohol
Regulatory and Licensing Authority), food premises, gambling, sugar-sweetened
beverages and smokefree environments, and other public health issues
·
Environmental science monitoring
and reporting including (but not limited to) air quality, water quality, water
quantity, land management, biodiversity, biosecurity (marine, freshwater and
terrestrial), pest and weed management, and coastal and marine science
·
Environmental Science programmes
including (but not limited to) Nelson Nature and Healthy Streams
·
Hazardous substances and
contaminated land
·
Maritime and Harbour Safety and
Control
·
Planning documents or policies,
including (but not limited to) the Land Development Manual
·
Policies and strategies relating to
compliance, monitoring and enforcement
·
Policies and strategies related to
resource management matters
·
Pollution control
·
Regulatory enforcement and
monitoring
·
The Regional Policy Statement,
District and Regional Plans, including the Nelson Plan
·
Urban Greening Plan
Delegations:
The committee has all of the responsibilities, powers,
functions and duties of Council in relation to governance matters within its
areas of responsibility, except where they have been retained by Council, or
have been referred to other committees, subcommittees or subordinate
decision-making bodies.
The exercise of Council’s responsibilities, powers,
functions and duties in relation to governance matters includes (but is not
limited to):
·
Monitoring Council’s
performance for the committee’s areas of responsibility, including
legislative responsibilities and compliance requirements
·
Developing, monitoring and
reviewing strategies, policies and plans, with final versions to be recommended
to Council for approval
·
Developing and approving draft
Activity Management Plans in principle, for inclusion in the draft Long Term
Plan
·
Reviewing and determining whether a
bylaw or amendment, revocation or replacement of a bylaw is appropriate
·
Undertaking community engagement,
including all steps relating to Special Consultative Procedures or other formal
consultation processes other than final approval
·
Approving submissions to external
bodies or organisations, and on legislation and regulatory proposals
·
Approval of increases in fees and
charges over the Consumer Price Index (CPI)
Powers to Recommend to Council:
In the following situations the committee may consider
matters within the areas of responsibility but make recommendations to Council
only (in accordance with sections 5.1.3 - 5.1.5 of the Delegations Register):
·
Matters that, under the Local
Government Act 2002, the operation of law or other legislation, Council is
unable to delegate
·
The purchase or disposal of land or
property relating to the areas of responsibility, other than in accordance with
the Long Term Plan or Annual Plan
·
Unbudgeted expenditure relating to
the areas of responsibility, not included in the Long Term Plan or Annual Plan
·
Approval of notification of any
statutory resource management plan, including the Nelson Plan or any Plan
Changes
·
Decisions regarding significant
assets
·
Actions relating to climate change
not otherwise included in the Annual Plan or Long Term Plan
·
Approval of final versions of
strategies, policies and plans
Environment and Climate Committee
29
July 2021
Page
No.
Karakia
and Mihi Timatanga
1. Apologies
Nil
2. Confirmation
of Order of Business
3. Interests
3.1 Updates
to the Interests Register
3.2 Identify
any conflicts of interest in the agenda
4. Public
Forum
4.1 Mike Fielding
Mike Fielding will speak about our
ever-changing climate, and the increasing need for households to be prepared
for natural and non-natural events.
4.2 John Higginbotham
John Higginbotham, Nelson
Consulting Engineers Ltd, will speak about a parking policy
and improvements.
5. Confirmation
of Minutes
5.1 10 June
2021 6 - 13
Document number M18693
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 10 June 2021, as a true and
correct record.
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6. Chairperson's Report
7. Draft Whakamahere
Whakatu Nelson Plan Engagement Update 14 - 16
Document number R26018
Recommendation
|
That
the Environment and Climate Committee
1. Receives
the report Draft Whakamahere Whakatu Nelson Plan Engagement Update; and
2. Notes the proposed next phase
of engagement for the Draft Whakamahere Whakatu Nelson Plan as outlined in
Report R26018.
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Confidential Business
8. Exclusion of the Public
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
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General subject of each matter to be
considered
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Reason for passing this resolution in relation
to each matter
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Particular interests protected (where
applicable)
|
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1
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Environment and Climate Committee
Meeting - Confidential Minutes - 10 June 2021
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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
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Karakia
Whakamutunga
Environment and Climate Committee
Minutes - 10 June 2021
Present: Councillor
K Fulton (Chairperson), Councillors Y Bowater, T Brand, M Courtney, J Edgar, M
Lawrey, B McGurk, G Noonan, R O'Neill-Stevens, P Rainey, R Sanson, T Skinner
and Ms G Paine
In
Attendance: Chief Executive (P Dougherty), Manager Environmental
Management (C Barton), Group Manager Strategy and Communications (N McDonald),
and Governance Adviser (J Brandt), Governance Support (P Boutle) and Youth
Councillors (R Armstrong and J Harrison)
Apology: Mayor
R Reese (Council business), Councillor Noonan (lateness)
Karakia
and Mihi Timatanga
1. Apologies
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Resolved EC/2021/017
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|
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That the Environment and
Climate Committee
1. Receives
and accepts an apology from Her Worship the Mayor R Reese (on other Council
business) and Councillor G Noonan for lateness.
|
|
Fulton/Edgar Carried
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2. Confirmation of
Order of Business
The confidential item was
considered after open agenda item 8.
3. Interests
There were no updates to the
Interests Register, and no interests with items on the agenda were declared.
4 Hearing of
Submissions - Environmental Management Fees and Charges Review 2021
Document number R25869
|
Clive Lewis, Director of Clive Lewis Design (2004) Ltd,
spoke to his submission (27189) on building fees and charges.
Attendance: Councillor Skinner
joined the meeting at 9.09a.m. and Councillor Noonan at 9.19a.m.
Mr Lewis answered questions
about his concerns in relation to building fees and charges, and emphasised
the need for direct communication channels between council officers and the
public.
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5. Public Forum
There was no public forum.
6. Confirmation of
Minutes
6.1 13
April 2021
Document number M16556, agenda
pages 7 - 12 refer.
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Resolved EC/2021/018
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|
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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
13 April 2021, as a true and correct record.
|
|
McGurk/Paine Carried
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7. Chairperson's Report
Document number R25917, agenda
pages 13 - 26 refer.
Councillor Fulton noted the death
of former Nelson City Councillor Eric Davy. Councillors acknowledged Mr
Davy’s contributions to Nelson City Council and the community during his
four terms at Council.
Councillor Fulton gave a verbal
addition to her Chair’s report. She noted that the Climate Change
Commission had released its final report laying out the roadmap for New Zealand
to reduce emissions and become carbon neutral by 2050. She further noted her
recent attendance at the Good Food Group launch at Fairfield House and answered
questions about the submission on the Ministry of Business, Innovation and
Employment Building Code Consultation.
Attendance: Councillor Rainey
left the meeting at 9.46a.m. and returned at 9.57a.m.
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Resolved EC/2021/019
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|
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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).
|
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Courtney/Edgar Carried
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8. Environmental
Management Fees and Charges Review 2021 - Deliberations Report
Document number R24824, agenda
pages 27 - 143 refer.
Group Manager Environmental
Management, Clare Barton, presented the report and answered questions. Two
corrections were noted to the options presented on agenda page 32:
· For option 1 the
second bullet point in ‘Risks and Disadvantages’ should read:
“Lost income of about $4,000 which will need to be met by the General
Rate. [Remainder of sentence removed.]”
· For
option 3, the summary should read “Increase fees and charges (hourly rate
$162 and liecence fee $255) (commencing 1 July 2021) recovering 51% of
the costs.”
|
Councillor McGurk, seconded by Councillor Courtney, moved
an alternative motion for clause 5:
|
|
|
That
the Environment and Climate Committee
5. Approves
amendments to the Food Act 2014 fees and charges as outlined in Attachment 4
(A2661168) to commence from 1 July 2021; and
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Ms
Barton answered questions about CPI increases in relation to the Food Act fees
and charges.
The meeting was adjourned from
10.49a.m. until 11.20a.m.
Elected Members debated the
motion. Councillor Edgar foreshadowed that should the alternative motion for
clause 5 be lost, she would move the officer’s recommendation.
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The motion was put and lost.
|
|
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That
the Environment and Climate Committee
5. Approves
amendments to the Food Act 2014 fees and charges as outlined in Attachment 4
(A2661168) to commence from 1 July 2021; and
McGurk/Courtney Lost
|
|
Subsequently
Councillor Fulton, seconded by Councillor Edgar, moved the the
officer’s recommendation.
|
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Resolved EC/2021/020
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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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Fulton/Edgar Carried
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The Chairperson changed the order
of business to accommodate external attendees, taking the confidential agenda
items for consideration next.
9. Exclusion
of the Public
John Murray was in attendance
for Item 2 of the confidential agenda to answer questions and, accordingly, the
following resolution was required to be passed:
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Resolved EC/2021/021
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|
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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 John Murray remain after the public has been
excluded, for Item 2 of the confidential agenda (Business Adviser report on
Brook Waimarama Sanctuary Trust), as he has knowledge relating to the Brook
Waimarama Sanctuary Trust that will assist the meeting.
|
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Noonan/Bowater Carried
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Resolved EC/2021/022
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|
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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:
|
|
Noonan/Bowater 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
|
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)
To enable the local authority to carry out, without prejudice or
disadvantage, commercial activities
|
|
2
|
Business Adviser report on Brook Waimarama Sanctuary
Trust
|
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
|
The meeting went into confidential session at 11.36a.m.
and resumed in public session at 12.42p.m.
10. Restatements
It was resolved while the public was
excluded:
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1
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CONFIDENTIAL: Business
Adviser Report on Brook Waimarama Sanctuary Trust
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|
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That the Environment and
Climate Committee
1. Receives the
report Business Adviser report on Brook Waimarama Sanctuary Trust
(R24769) and its attachment
(A2633080); and
2. Agrees that Report (R24769)
and the decision only be made publicly
available; and
3. Agrees
that Attachment (A2633080) remain confidential at this
time.
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The meeting was
adjourned from 12.43p.m. until 12.45p.m.
11. Environmental Management Group
Quarterly Report - 1 January - 31 March 2021
Document number R23741, agenda
pages 144 - 215 refer.
Manager Science and Environment,
Jo Martin, Manager Building, Mark Hunter, Team Leader City Development, Lisa Gibellini,
Climate Change Adaptation Adviser, Daniela Ramirez, Manager Environmental
Planning, Maxine Day, and Principal Adviser Environmental Management, Jane
Budge, presented the report.
They answered questions about
Nelson Plan funding, progress with applications made under the Housing Accord
and Special Housing Areas Act, coastal inundation and estuarine work, IANZ
accreditation, the climate action charter, and how the recent report from the
climate commission would be integrated at local government level.
Attendance: Councillor Skinner
left the meeting at 1.02p.m, Councillor Noonan at 1.15p.m. and Councillor Brand
at 1.18p.m.
|
Resolved EC/2021/023
|
|
|
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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Fulton/Sanson Carried
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Karakia
Whakamutunga
There being no further business the meeting ended at 1.26p.m.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 7: Draft
Whakamahere Whakatu Nelson Plan Engagement Update
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|
Environment and Climate Committee
29 July 2021
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REPORT R26018
Draft
Whakamahere Whakatu Nelson Plan Engagement Update
1. Purpose
of Report
1.1 To
update the Environment and Climate Committee on the next phase of engagement
relating to the Draft Whakamahere Whakatu Nelson Plan (WWNP).
2. Recommendation
|
That the Environment and Climate Committee
1. Receives
the report Draft Whakamahere Whakatu Nelson Plan Engagement Update; and
2. Notes the proposed next phase of
engagement for the Draft Whakamahere Whakatu Nelson Plan as outlined in
Report R26018.
|
3. Discussion
3.1 The
Whakamahere Whakatu Nelson Plan (WWNP) is being reviewed as part of
Council’s statutory obligations under the Resource Management Act.
3.2 To
date, the review of the WWNP has involved a series of engagements with the
community, stakeholders, internal staff teams and iwi. Over the past 18 months,
the Environmental Planning team has engaged with key RMA stakeholders, and with
the public on a near-complete Draft version of the WWNP (Sept-Oct 2020).
Targeted engagement has also been ongoing through 2020 and 2021 on the topics
of freshwater management, notable trees and port noise management.
3.3 Other
topics including slope instability mapping and coastal inundation mapping have
been actively released to affected landowners via the Land Information
Memorandum (LIM) process and public information sessions. A technical advisory
group of local geotechnical society members has been established to advise on
the slope instability mapping and potential WWNP provisions.
3.4 For
coastal hazards, the Team continue to work through the Dynamic Adaptive
Planning Pathway (DAPP) process, and recently completed a multi-agency workshop
to develop understanding about region-scale coastal hazard risks and impacts
from climate change. The outputs from that process will be reported to Council
separately.
3.5 The
next phase of engagement relates to topics that were not consulted on with the
public in 2020. These topics include:
- updated flood hazard mapping;
- airport zone and airport
noise; and
- port noise management options.
3.6 For
the flood hazard and airport topics, engagement will include wide public
communications, drop-in sessions, and contact with landowners potentially
affected by the updated flood information. There are approximately 5000
properties affected by the flood hazard maps. In 2017, when the last set of
flood maps were released, there were also approximately 5000 properties
identified – although there are some properties that have come into the
affected areas and some have come out.
3.7 For
the port noise management options, a more targeted approach is going to be
taken with letters to properties within the Port Noise Contours and adjacent
properties.
3.8 Airport
provisions have a broader effect and therefore communications are being
directed at a wider public level, as opposed to targeted communications. Nelson
Airport Company are intending on separate communications once they confirm
their designation proposals. It is anticipated that targeted engagement would
occur at the same time as the Airport’s designation communications.
3.9 Engagement
on the three topics will occur during August and September 2021. Information
and feedback forms will be available on Shape.Nelson, at Civic House, and in
the libraries.
3.10 Feedback
will only be sought in relation to the three listed topics - not parts of the
WWNP previously engaged on.
4. Conclusion
4.1 Following
engagement, the Environmental Planning Team will work through the feedback and
present this to Council prior to finalising the content of the WWNP.
Author: Maxine
Day, Manager Environmental Planning
Attachments
Nil