Agenda of Community and Recreation Committee

Extract from Nelson City Council Delegations Register (A1183061)

Community and Recreation Committee

Areas of Responsibility:

· Arts, Culture and Heritage

· Bylaws, within the areas of responsibility

· Cemeteries and Crematorium

· Community Centres and Halls

· Community Development, including youth issues, ageing issues and social well-being

· Community festivals and events, excluding:

§ Events Strategy and Events Fund (matters for Council)

· Founders Heritage Park

· Governance of Nelson City Council Controlled Organisations and Council Organisations, within the areas of responsibility:

§ The Bishop Suter Trust;

§ The Nelson Arts Festival Trust

§ The Nelson Centre of Musical Arts

§ The Nelson Municipal Band Trust

§ The City of Nelson Civic Trust

§ Sport Tasman

· Heritage Houses and their grounds

· Libraries

· Modellers Pond

· Natureland

· Nelson Gondola Project and Koata Park

· Parks and Reserves, aside from

§ Saxton Field (a matter for the Saxton Field Committee)

· Recreation and Leisure Facilities and Services, including swimming pool facilities and Waahi Taakaro Golf Course

· Rural Fire Risk

· Sister City relationships

· Sports Fields, including Trafalgar Park and the Trafalgar Pavilion

· The Trafalgar Centre

· Youth Council

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 in principle draft Activity Management Plans, 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

· Decisions regarding significant assets

· Decisions in relation to the Nelson Gondola Project and Koata Park

· Approval of final versions of strategies, policies and plans

Community and Recreation Committee

5 August 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

5. Confirmation of Minutes

5.1 17 June 2021 7 - 15

Document number M18717

Recommendation

That the Community and Recreation Committee

1. Confirms the minutes of the meeting of the Community and Recreation Committee, held on 17 June 2021, as a true and correct record.

6. Chairperson's Report

7. Youth Council Update

8. Bishop Suter Trust - Adoption of Final Statement of Intent 16 - 61

Document number R25986

Recommendation

That the Community and Recreation Committee

1. Receives the report Bishop Suter Trust - Adoption of Final Statement of Intent (R25986) and its attachments (A2541536 and A2688453); and

2. Notes the delivery of the Bishop Suter Trust’s final Statement of Intent 2021/26 as required under the Local Government Act 2002; and

3. Approves the final Statement of Intent of the Bishop Suter Trust for 1 July 2021 to 30 June 2026.

9. Winding Up of Nelson Municipal Band Trust 62 - 69

Document number R25979

Recommendation

That the Community and Recreation Committee

1. Receives the report Winding Up of Nelson Municipal Band Trust (R25979) and its attachments (A2686097 and A1801559); and

2. Approves the recommendation made by Nelson Municipal Band Trustees to wind up the Nelson Municipal Band Trust; and

3. Requests Trustees to wind up the Nelson Municipal Band Trust and distribute remaining funds to Nelson City Brass (Inc.) (formerly Nelson Municipal Band (Inc.)).

10. Approval of Draft Out and About On Tracks Strategy for Community Feedback 70 - 137

Document number R22580

Recommendation

That the Community and Recreation Committee

1. Receives the report Approval of Draft Out and About On Tracks Strategy for Community Feedback (R22580) and its attachments (A2471811, A2695484 and A2522539), and

2. Approves the Draft Out and About – On Tracks Strategy (A2471811, A2695484 and A2522539) for community feedback.

11. Community Investment Funding Panel Minutes 28 June 2021 138 - 143

Document number R26033

Recommendation

That the Community and Recreation Committee

1. Receives the minutes of the meeting of the Community Investment Funding Panel held 28 June 2021 (A2703480 and A2702702).

Confidential Business

12. Exclusion of the Public

Recommendation

That the Community and Recreation 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	Community and Recreation Committee Meeting - Confidential Minutes - 17 June 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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Community and Recreation Committee Meeting - Confidential Minutes - 17 June 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

Karakia Whakamutunga

Community and Recreation Committee Minutes - 17 June 2021

Minutes of a meeting of the

Community and Recreation Committee

Te Kōmiti Hapori / Hākinakina

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Thursday 17 June 2021, commencing at 9.05a.m.

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

In Attendance: Chief Executive (P Dougherty), Group Manager Environmental Management (C Barton), Group Manager Community Services (A White), Group Manager Strategy and Communications (N McDonald), Governance Advisers (E Stephenson and K McLean) and Youth Councillors (R Sapkota and T Staples)

Apologies: Councillor Bowater

Opening Prayer

1. Apologies

Resolved CAR/2021/028

That the Community and Recreation Committee

1. Receives and accepts the apology from Councillor Y Bowater.

Courtney/Edgar Carried

Attendance: Councillor Brand entered the meeting at 9.08am.

2. Confirmation of Order of Business

The order of business changed in that Agenda Item 9 Sister Cities Coordinator Report was considered prior to Agenda Item 8.

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 Whakatū Muslim Association - Pre-purchase of Burial Plots for the Association

Document number R25902

Mohammad Aboubakr (Vice President), Nissa Mowjood (Secretary) and Faridah Tup (Social Committee) on behalf of the Nelson Whakatū Muslim Association, spoke about the request for pre-purchase of burial plots by the Association.

Ms Mowjood provided the background of the association, she thanked Council staff that had met with the association and clarified the importance of the pre-purchase of plots for the association, enabling it to support bereaved families appropriately according to their faith.

Ms Mowjood, Mr Aboubakr and Ms Tup answered questions, including confirming the availability of the plots to both Nelson Mosques, clarifying that the responsibility for burial lay with the whole community. They thought that five plots would be sufficient to start with and that if more were needed they would come back to request more and to discuss the allocation and size of plots.

4.2. David Orr - Littering in Nelson and Doggy Doo Bags

Document number R25930

David Orr spoke about the littering issue in Nelson and not having enough doggy doo bags available for dog owners to use. Mr Orr expressed his concerns regarding being trespassed from places for picking up litter and the lack of rubbish bins resulting in rubbish being blown around Nelson public areas.

He answered questions regarding the causes of littering. The Chair advised that he would ask the Chief Executive and Group Manager Community Services to follow the matter up.

The Committee thanked Mr Orr for picking up litter and acknowledged the work he does in the Community.

4.3. Delaware Bay Access Group - Recreational Fishing

Document number R25942

Zane Mirfin, Simon Mardon and Peter Ruffell from the Delaware Bay Access Group, provided a PowerPoint presentation (A2684999), tabled supporting information (A2685051) and spoke about recreational fishing access. Mr Mirfin provided the history of the group’s activities. The group felt that access to Delaware Bay was a safety issue for small boats and that without community access there would be no recreational fishing and noted the importance of this year round fishing area. The group felt that Council was obligated to provide coastal access and that there had been a lack of consultation and asked Council to talk to Tasman and Marlborough Councils collectively on the issue.

Mr Mardon spoke to the tabled map about access to culturally significant areas.

Mr Ruffell spoke about safety issues and questioned the need to deny access to Delaware Bay.

They answered questions regarding the location of fish in the area, recreational fishing, the rationale for closing of launching areas and the rights of kiwis to access fishing areas.

Attachments

1 A2684999 Delaware Bay Access Group PowerPoint

2 A2685051 Delaware Bay Access Group tabled information

5. Confirmation of Minutes

5.1 22 April 2021

Document number M16582, agenda pages 6 - 12 refer.

Resolved CAR/2021/029

That the Community and Recreation Committee

1. Confirms the minutes of the meeting of the Community and Recreation Committee, held on 22 April 2021, as a true and correct record.

McGurk/Courtney Carried

6. Chairperson's Report

There was no Chairperson’s Report

7. Stoke Youth Park - Final design

Document number R25885, agenda pages 13 - 30 refer.

Principal Parks and Facilities Activity Planner, Andrew Petheram, was accompanied by Lee-anne O’Brien, Manager, Barney Hodges, Youth Worker and members of Whanake Youth. Introductions were made around the room.

Mr Petheram spoke to the report. Lance Roozenburg, Senior Landscape Architect, Kūmāno Environmental, spoke regarding the survey results and the park design, function and durability. Mr Petheram and Mr Roozenburg answered questions regarding lighting, site constraints, road safety and the use of Astroturf, especially with regard to climate change considerations, and edible landscaping.

Ms O’Brien highlighted the importance of flexibility of the site.

Further discussion took place regarding funding, carparking, site constraints and long term plans for the site.

Councillor Fulton requested that the following be noted in the minutes: Carbon accounting and embodied carbon, which considers offsetting and alternative construction materials will be considered. Incorporating design values which support delivery of the objectives of Good Food Cities will be considered.

During debate, a concern was raised regarding construction timeframes and avoiding delays to work and it was agreed to add the word ‘overlay’ to the motion.

Resolved CAR/2021/030

That the Community and Recreation Committee

1. Receives the report Stoke Youth Park - Final design (R25885) and its attachment (A2659567); and

2. Notes the design of the Stoke Youth Park, (A2659567) that will allow construction to proceed; and

3. Notes that should external funding not be obtained, a report on overlay options will be brought to Council.

Brand/Edgar Carried

The meeting was adjourned from 11.03am. until 11.20am.

8. Sister Cities Coordinator Report (Agenda Item 9)

Document number R25922, agenda pages 40 - 74 refer.

Sister Cities Coordinator, Gail Collingwood, introduced group members Helen Tyson, Barbara Markland, and Bill Findlater, noting their responsibilities within the group. Ms Collingwood summarised her report and the group answered questions.

A request was made that the minutes note that the sister city Eureka relationship and the International Relationships Policy be progressed.

Resolved CAR/2021/031

That the Community and Recreation Committee

1. Receives the report Sister Cities Coordinator Report (R25922) and its attachment (A2673955).

Brand/Noonan Carried

9. Nelson Whakatū Muslim Association Request for Pre Purchase of Burial Plots (Agenda Item 8)

Document number R25845, agenda pages 31 - 39 refer.

Team Leader Facilities, Sarah Clarke, spoke to the report and answered questions regarding location of the plots and provision of services on public holidays and weekends. A correction was noted to paragraph 2.3 of the agenda report, which should say death, not Muslim death.

The need to stipulate that plots can not be sold on at a profit was highlighted and the need to consider the end-to-end decision making process, however, this request was a specific cultural need that required a decision today.

It was agreed to add a clause to the motion recognising that the decision recognised the religious practices of the Muslim community.

Resolved CAR/2021/032

That the Community and Recreation Committee

1. Receives the report Nelson Whakatū Muslim Association Request for Pre Purchase of Burial Plots (R25845) and its attachment (A2651420); and

2. Approves the pre-purchase of a maximum of five burial plots, at any one time, by the Nelson Whakatū Muslim Association within the Muslim Burial Area at Marsden Valley Cemetery; and

3. Notes that this approval is given to support Islamic practice in relation to burial.

Edgar/Fulton Carried

10. Youth Council Update

Document number R25929

Youth Councillors Resika Sapkota and Taea Staples provided a verbal Youth Council Update and answered questions regarding Youth Council work over the last few months. Their speaking notes are attached (A2687506).

Attachments

1 A2687506 - Youth Council Update

Attendance: Councillor Noonan left the meeting at 12.14pm.

11. Council Delivered Events Purpose and Scope

Document number R22567, agenda pages 75 - 84 refer.

An updated comprehensive list of Council-delivered events (A2609618) and an example event data sheet (A2687522) was tabled. Manager Community Partnerships, Mark Preston-Thomas and Team Leader Events, Axel de Maupeou, spoke to the report and answered questions regarding the proposed principles and the words following them.

There were questions and discussion regarding the removal and addition of words and the ability to measure some of the principles which raised concerns regarding staff being unable to hold events. It was agreed that more work needed to be done to ensure the correct wording and to clarify the scope of the review and which events were covered by the principles.

Attendance: Councillor Noonan returned to the meeting at 12.41pm.

The meeting was interrupted from 12.42pm until 13.01pm for a fire alarm and was then adjourned for lunch from 13.01pm until 13.30pm, at which time Councillors Fulton and McGurk were not present.

Attendance: Councillor Fulton returned to the meeting at 1.36pm

Attendance: Councillor McGurk returned to the meeting at 1.39pm

The meeting was adjourned from 1.49pm until 1.56pm

It was agreed that the matter be left to lie and brought back to the Committee after more work had been done on wording and scope.

Item of business to lie on the table
Resolved CAR/2021/033
	*That the Community and Recreation Committee* 1. Leaves the item Council Delivered Events Purpose and Scope to lie on the table and not be further discussed at this meeting.
Edgar/Noonan Carried
Attachments 1 A2687522 tabled events data sheet

12. Community and Recreation Quarterly Report to 31 March 2021

Document number R22678, agenda pages 85 - 126 refer.

Manager Parks and Facilities, Rosie Bartlett, Principal Parks and Facilities Activity Planner, Andrew Petheram and Parks and Facilities Asset Analyst, Angela Broecker, answered questions regarding the report.

Attendance: Her Worship the Mayor Reese and Councillors Edgar and Fulton left the meeting at 2.00pm.

Further questions and discussion took place.

Attendance: Her Worship the Mayor Reese and Councillors Edgar and Fulton returned to the meeting at 2.27pm.

Attendance: Councillor O'Neill-Stevens left the meeting at 2.28pm and Her Worship the Mayor and Councillor Edgar left the meeting at 2.29pm.

Resolved CAR/2021/034

That the Community and Recreation Committee

1. Receives the report Community and Recreation Quarterly Report to 31 March 2021 (R22678) and its attachments (A2622482 and A2643329).

Noonan/McGurk Carried

13. Exclusion of the Public

Resolved CAR/2021/035

That the Community and Recreation Committee

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

Courtney/Brand 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	Community and Recreation Committee Meeting - Confidential Minutes - 22 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
2	Approval of Community Investment Funding Panel Membership	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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Community and Recreation Committee Meeting - Confidential Minutes - 22 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

Approval of Community Investment Funding Panel Membership

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

The meeting went into confidential session at 2.31pm and resumed in public session at 3.45pm.

14. Restatements

It was resolved while the public was excluded:

CONFIDENTIAL: Approval of Community Investment Funding Panel Membership

That the Community and Recreation Committee

4. Agrees that decision (CAR/2021/036) only be made publicly available once the appointments are confirmed.

There being no further business the meeting ended at 3.45pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 8: Bishop Suter Trust - Adoption of Final Statement of Intent

Community and Recreation Committee

5 August 2021

REPORT R25986

Bishop Suter Trust - Adoption of Final Statement of Intent

1. Purpose of Report

1.1 To receive and approve the final Statement of Intent 2021/26 from the Bishop Suter Trust.

2. Recommendation

That the Community and Recreation Committee

1. Receives the report Bishop Suter Trust - Adoption of Final Statement of Intent (R25986) and its attachments (A2541536 and A2688536); and

2. Notes the delivery of the Bishop Suter Trust’s final Statement of Intent 2021/26 as required under the Local Government Act 2002; and

3. Approves the final Statement of Intent of the Bishop Suter Trust for 1 July 2021 to 30 June 2026.

3. Background

3.1 The Bishop Suter Trust is a Council Controlled Organisation. The Community and Recreation Committee considered the draft Statement of Intent (SOI) from the Bishop Suter Trust at its meeting on 22 April 2021. The Committee provided the following feedback to the Bishop Suter Trust on its draft SOI 2021/26:

Provides the following comments and feedback to the Bishop Suter Trust:

a) requests the Board works with Council officers to improve sustainability objectives and performance measures in the Statement of Intent.

4. Discussion

4.1 The Bishop Suter Trust has amended the draft SOI as requested by the Community and Recreation Committee. A copy of the Letter of Expectation (Attachment 1) and the revised SOI (Attachment 2) are appended to this report. Revisions to the SOI are shown in Attachment 2 using yellow highlights. The main changes are as follows:

4.1.1 Detail added on the potential risk and impact of a nationwide review of the Ministry of Education funded Learning Experiences Outside the Classroom programme. The impact is likely to be low as the gallery is a respected provider, well placed to meet any curriculum revision (see p.4; section 2.2.3, p.9).

4.1.2 Column added to table to clarify alignment of Suter performance objectives with Nelson City Council and Tasman District Council joint community outcomes (see section 2.3, p.11).

4.1.3 Addition of SMART (Specific, Measurable, Achievable, Realistic, Timely) measures for visitor reporting (see section 3.1.1, p.13).

4.1.4 Addition of SMART measures for sustainability performance (see section 3.1.4, p.13).

4.1.5 Addition of SMART measures for health and safety (see section 3.1.5, p.13).

4.1.6 Addition of SMART measures for visitor and community programmes (see section 3.2.1, p.13).

4.1.7 Addition of SMART measures for toi Māori programmes and projects (see section 3.5.1, p.14-15).

4.1.8 Addition of SMART measures for Friends of the Suter memberships (see section 3.5.3, p.15).

4.2 The final SOI was received within statutory timeframes.

5. Options

5.1 The Committee can either approve or not approve the SOI as the final version.

5.2 If the Committee does not approve the SOI, then it must take all practicable steps under Clause 5 of Schedule 8 of the Local Government Act to modify the SOI.

5.3 Given that the Bishop Suter Trust Board has complied with requests for further information from Council, the officer recommendation is to approve the SOI.

Option 1: Approves the SOI (Recommended option)
Advantages	· Gives clarity to the Bishop Suter Trust and Council on direction for 2021-2026
Risks and Disadvantages	· None identified
Option 2: Does not approve the SOI and modifies the SOI under Clause 5 of Schedule 8 of the Local Government Act
Advantages	· Allows Council to set a different direction
Risks and Disadvantages	· Lack of clarity for the Bishop Suter Trust and Council · Creates uncertainty in the relationship between Council and the Bishop Suter Trust

6. Conclusion

6.1 The adoption of the final SOI of the Bishop Suter Trust is supported.

7. Next Steps

7.1 The Bishop Suter Trust will be notified of the outcome.

7.2 The SOI will be published on Council’s website.

Author: Tanya Robinson, Strategic Adviser Community Services

Attachments

Attachment 1: A2541536 - Statement of Expectations Bishop Suter Trust - 16Dec2020 ⇩

Attachment 2: A2688536 - Bishop Suter Trust Statement of Intent 2021-2026 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The preparation of a Statement of Intent is a requirement of Schedule 8 of the Local Government Act.

2. Consistency with Community Outcomes and Council Policy

The Suter contributes to the outcomes:

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

- Our communities have access to a range of social, educational and recreational facilities and activities

3. Risk

There remains a risk that COVID-19 may impact future service delivery if a level change occurred. Should this occur, a degree of flexibility will be required during implementation of the SOI and officers will update Council on any changes to performance targets that are needed during the year.

The reduction in international visitors has been accounted for.

4. Financial impact

The operation of the Suter Gallery is a budgeted activity for Council.

5. Degree of significance and level of engagement

This matter is of low significance as the requested amendments have been addressed. No further consultation is required.

6. Climate Impact

New performance measures in the SOI include progress to address Council’s expectations around climate response.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The Community and Recreation Committee has the following delegations to consider this item:

Areas of Responsibility:

· Governance of Nelson City Council Controlled Organisations and Council Organisations, within the areas of responsibility:

§ The Bishop Suter Trust

Powers to Decide:

· 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.

Item 9: Winding Up of Nelson Municipal Band Trust

Community and Recreation Committee

5 August 2021

REPORT R25979

Winding Up of Nelson Municipal Band Trust

1. Purpose of Report

1.1 To approve the recommendation made by Nelson Municipal Band Trustees to wind up the Nelson Municipal Band Trust.

1.2 To approve the recommendation made by Trustees to distribute funds to Nelson City Brass (Inc) (formerly Nelson Municipal Band (Inc)).

2. Summary

2.1 Nelson Municipal Band Trust is a Council Controlled Organisation that manages a small fund ($48,567), with the sole beneficiary being Nelson City Brass (formerly Nelson Municipal Band).

2.2 Costs of managing the fund equal any interest gained, negating any benefit to Nelson City Brass and Council.

2.3 The Trustees therefore recommend to Council that the Trust be wound up, and all funds transferred to the band for use in keeping with the spirit and intendment of the fund.

3. Recommendation

That the Community and Recreation Committee

1. Receives the report Winding Up of Nelson Municipal Band Trust (R25979) and its attachments (A2686097 and A1801559); and

2. Approves the recommendation made by Nelson Municipal Band Trustees to wind up the Nelson Municipal Band Trust; and

3. Requests Trustees to wind up the Nelson Municipal Band Trust and distribute remaining funds to Nelson City Brass (Inc.) (formerly Nelson Municipal Band (Inc.)).

4. Background

4.1 Nelson Municipal Band Trust is a registered charitable trust (Charities Commission number CC27768) and Council Controlled Organisation.

4.2 The Trust manages a small fund ($48,567), with the sole beneficiary being Nelson City Brass (Inc) (formerly Nelson Municipal Band (Inc)).

4.3 The Trust was established by Nelson City Council in 1980 to manage funds raised by public subscription, and later increased through profits transferred from the Band.

4.4 The original Trust Deed (1980) and updated Deed (2008) set out the Trust’s purpose, being for expenses related to fundraising and for operating expenses for the Band, drawn from either income or capital.

4.5 In August 2017 the Trust became a Council Controlled Organisation under the Local Government Act 2002 (LGA 2002), due to Council controlling more than 50% of the voting rights.

4.6 Because the Trust is not publicly accountable and is considered small when applying the test contained within the Framework for Differential Reporting, it qualifies for differential reporting exemptions.

4.7 In October 2020, the Governance and Finance Committee approved an exemption from reporting requirements imposed by the LGA 2002 (three-year exemption until October 2023).

4.8 Due to low interest rates, the total annual income earned from investments (about $500) now approximately equals the management fee paid by Council to the Trust secretary/treasurer.

4.9 It is anticipated that this situation will remain into the foreseeable future.

4.10 While not of direct impact to this report, it is worth noting that Council has an ongoing relationship with Nelson City Brass through a contract to deliver brass band performances at agreed events.

5. Discussion

5.1 When the Nelson Municipal Band Trust was established in 1980, the aim was to raise a capital sum that would provide an annual income for the Band. A significant fund was raised during the initial public subscription period in the 1980s ($20,000) and grew substantially through two later transfers of Band profits in 1984 ($5,000) and 2000 ($12,500). The capital fund also grew through retention of some investment earnings.

5.2 Over time, earnings from the fund have been distributed to the Band as sole beneficiary. This has had a positive impact on the Band and its service to the community.

5.3 However, at the same time, income from investments has fallen, particularly due to low interest rates, and the Trust capital has also reduced. Income is now equal to the approximate costs paid by Council to administer the fund.

5.4 The Trust is administered by experienced Trustees, who now recommend that the Trust “be wound up and all funds transferred to the Band, with the condition that these funds be expended by the Band recognising the spirit and intendment embodied in the wording of the Trust.” (see Attachment 1).

5.5 While this would mean the Trust would no longer exist as a vehicle to hold large investments for the Band, the capital released would be of ongoing benefit. Administrative, compliance, reporting and review costs to Council would be removed.

6. Options

6.1 Two options are identified for consideration: either for Council to maintain status quo and continue to administer the fund as a Council Controlled Organisation; or to approve the recommendation to wind up the Trust.

6.2 Due to the specific purpose of the Trust and its governing Deed, other options, such as no longer administering the Trust as a CCO, are not considered, as this would present more complexity than the decision to wind up the Trust, as per the Trustees’ recommendation.

6.3 Option 2: to wind up the Trust and distribute the funds to the beneficiary is recommended.

Option 1: Status quo: continue to manage the Nelson Municipal Band Trust
Advantages	· The cost and time invested in managing the Trust are not significant. Trustees meet for a short meeting annually and Council’s reporting obligations are minor. · Current management fees paid by Council are about equal to Trust income gained from investment, which may improve in future. · Should a similar Trust be required in future, then this one is already established.
Risks and Disadvantages	· Due to low revenue, there is currently (and for the foreseeable future) limited benefit in retaining the fund for a sole beneficiary, which may better use the fund capital. · Council will continue to incur regular and ongoing costs to cover secretary/treasurer expenses, reporting, compliance and review. · If the Band were to wind up, then the Trust Deed requires that Council retains the funds for a new charitable Band, a task that sits outside Council’s usual business and/or experience.
Option 2: Wind up the Trust and distribute funds to the beneficiary (preferred option)
Advantages	· The Trustees’ primary duty is to carry out the purpose of the Deed; releasing capital funds meets this purpose and would provide significant benefit to the Band as sole beneficiary. · Council would no longer have ongoing costs related to the Trust administration, reporting, compliance and review, which could increase over time. · The risk of administrative or other costs increasing or being drawn from Trust capital is removed. · The sole beneficiary can allocate funds for the Band and community purposes, governed by the original objectives of the Deed.
Risks and Disadvantages	· The Band would not have a fund to call on in future that is governed separately from its administrative operations (but could opt to administer the funds in this way). · Council loses the administrative oversight of the funds. · People who subscribed to the fund in the 1980s may perceive the administrative change as being different to the original intent, even though the fund purpose remains the same.

Author: Tanya Robinson, Strategic Adviser Community Services

Attachments

Attachment 1: A2686097 - Nelson Municipal Band Trust - Letter from Roger Cole - 17 June 2021 ⇩

Attachment 2: A1801559 - Nelson Municipal Band Trust Deed - 14 July 2008 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The recommendation meets the requirements of the LGA 2002 regarding Council Controlled Organisations (CCOs), including s60, where:

All decisions relating to the operation of a council-controlled organisation must be made by, or under the authority of, the board of the organisation in accordance with—

(a) its statement of intent; and

(b) its constitution.

The LGA 2002 does not specify a process for the winding up of CCOs.

2. Consistency with Community Outcomes and Council Policy

The purpose of funds distributed by the Trust to Nelson City Brass aligns with Council’s objectives:

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

- Our communities have access to a range of social, educational and recreational facilities and activities.

3. Risk

Nelson City Brass is a well-established organisation focussed on providing musical services to the community. It is likely that the funds distributed by the Trust would be used for the intended purpose.

4. Financial impact

There is a small financial benefit to Council in no longer paying for the Trust’s secretary/treasurer expenses (about $500 p.a.).

There is low risk that Nelson City Brass may lose income, as the Trust has distributed an average of $1,397 p.a. since 2012. This is offset as the band will gain independence in use of the funds.

5. Degree of significance and level of engagement

This matter is of low significance due to the size of the fund and professional expertise held by the Trustees, who have made the recommendation. Public consultation would not be required.

6. Climate Impact

There is no climate impact of note as there are no physical assets.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The Community and Recreation Committee has the following delegations to consider this item:

Areas of Responsibility:

· Governance of Nelson City Council Controlled Organisations and Council Organisations, within the areas of responsibility:

o The Nelson Municipal Band Trust

Powers to Decide:

Item 10: Approval of Draft Out and About On Tracks Strategy for Community Feedback

Community and Recreation Committee

5 August 2021

REPORT R22580

Approval of Draft Out and About On Tracks Strategy for Community Feedback

1. Purpose of Report

1.1 To approve the draft version of the reviewed Out and About – On Tracks Strategy for community feedback.

2. Summary

2.1 The Out and About – On Tracks Strategy was adopted in 2016 and included an expectation that it would be reviewed three yearly to align with the council’s long term plans.

2.2 Engagement with stakeholders and Koata Ltd as landowner has been undertaken and a draft reviewed Strategy prepared.

2.3 This report presents the Draft Strategy for approval to be made available for community feedback, which will be open for one month before it is amended as required and presented to Council for final adoption. A special consultative procedure is not considered to be required due to the stakeholder and landowner engagement already undertaken, and feedback is proposed to be invited through the Shape Nelson website.

2.4 David Allan from Global Leisure Group will be present at the meeting and available to answer questions.

3. Recommendation

That the Community and Recreation Committee

1. Receives the report Approval of Draft Out and About On Tracks Strategy for Community Feedback (R22580) and its attachments (A2471811, A2695484 and A2522539), and

2. Approves the Draft Out and About – On Tracks Strategy (A2471811, A2695484 and A2522539) for community feedback.

4. Background

4.1 The Out and About - On Tracks Strategy 2016 (the 2016 Strategy) was developed as a recreation strategy to address issues in relation to the Nelson region’s off-road trails.

4.2 The Strategy is separate from the Out and About Strategy, which focuses on urban walkways and travel.

4.3 Key outcomes from the 2016 Strategy included:

· promoting courtesy when using trails;

· channelling (designating trails as walking only, biking only or shared use);

· formalising a procedure for the development of new trails;

· an implementation plan consisting of a list of proposed trails and accompanying maps.

4.4 The 2016 Strategy included a goal for the implementation plan to be reviewed and updated triennially from October 2017 to enable inclusion and alignment with Council’s Parks and Reserves Activity Management Plan processes. The Draft Strategy has not met this timeline however many of the recommended outcomes are reflected in the 2021 LTP, and there will further opportunity through the 2024 AMP process which will commence in 2022.

4.5 This report relates to the draft reviewed version of the Out and About – On Tracks Strategy (the Draft Strategy).

5. Discussion

5.1 A considerable amount of change has occurred in relation to recreation on off-road trails in Nelson since the 2016 Strategy.

5.2 Mountain biking has continued to grow in popularity, and Nelson’s reputation has grown. Significant events have been secured for the region including the international Enduro World Series, now scheduled for autumn 2022.

5.3 With the increased popularity has come an increased spotlight on health and safety, and in 2020/21 Council initiated an audit of mountain bike trail grades, as the region is known to be out of step with the rest of the country in terms of marketed grade. The results of this will be available soon in the new financial year, and it is probable that a number of grade changes will ensue.

5.4 In 2018 a BERL study commissioned by Council reported that mountain biking generated significant economic benefits for the community (after multiplier effects $14.5 million in annual expenditure, $7.5 million in GDP and employment of 106 FTEs).

5.5 Following Council’s grant to the Nelson Mountain Bike Club (NMTBC) through the 2018-28 Long Term Plan, several new mountain biking trails have been now established including Te Ara Koa, 629 climb, Whaimana, Te Tirohanga Whetū o Koata, Black Diamond upgrade, Turners Extension, Te Ara Kōpiko, Tu Meke, Amp Up and Butters. In addition the Council has developed Piwakawaka, the Saxton Field Grade 2 trail and the Brook Recreation Hub. Other outputs of the 2016 Strategy include making the Betsy Eyre Walk and Maitai Walkway between Jickells Bridge and Domett St walking only, and developing new walking trails in Eureka Park.

5.6 Where trails have been constructed without authorisation, investigations have been undertaken and, where appropriate, enforcement action taken. The NMTBC has been supportive in this regard and has developed its own Illegal Trail Building Policy 2020, which may result in membership being suspended.

5.7 A recreation hub has been constructed in the Brook with 50% funding from the Ministry for Business Innovation and Employment (MBIE). The hub (which was included in the 2016 Strategy’s implementation plan) is now very popular and has significantly reduced the parking issues being experienced near to Betsy Eyre Reserve. A recreation hub in the Maitai is planned for construction in 2021/22, which has also received funding from MBIE.

5.8 An interim agreement has been reached with Koata Ltd for public recreation access to continue on areas of Ngāti Koata land, and it is hoped that a longer term solution will be agreed by July 2022. The NMTBC has developed its own agreement with Koata Ltd for members to use the Sharlands area.

5.9 Many of the impacts of COVID 19 are yet to be realised, however the importance of the domestic tourism market, at least in the short term, is clear.

Review process to date

5.10 Officers have engaged Global Leisure Group (GLG) to assist with the review. GLG was also involved with the 2016 Strategy and so has been able to draw on that earlier knowledge and existing stakeholder relationships.

5.11 Throughout 2020/21 GLG and Council officers have engaged with a range of stakeholders including:

· Koata Ltd (as landowner)

· Te Ohu Taiao (a regular iwi-council engagement hui involving iwi environmental planners)

· Nelson Mountain Bike Club

· Nelson Tasman Cycle Trails Trust

· Nelson Tramping Club

· Department of Conversation

· Trail Fit Trail Runners

· Nelson Regional Development Agency

· NZ Walking Access Commission

· Federated Mountain Club

· Helibike Nelson

· Gravity

· Mountain Bike Skills Clinic

· Krankin Kids

· Kiwivelo Young Kids

· MTBNZ

· Rotorua District Council

· Forest and Bird

· NCC internal stakeholders

5.12 Key themes arising from the stakeholder engagement were discussed at the Nelson Biodiversity Forum on 7 December 2020, and members were invited to make contact if they wished to discuss the Strategy further.

5.13 The themes were also presented to a workshop with the Community and Recreation Committee on 10 December 2020, and a report relating to the review was included on the agenda of the 17 February 2021 Te Ohu Taiao hui (iwi advised at the hui that they did not have time to engage in relation to this mahi).

5.14 A Draft Strategy has now been prepared and is provided as Attachment 1.

Stakeholder engagement: key themes and how the Strategy addresses them

5.15 The 2016 Strategy was still seen by stakeholders as broadly valid, with the fundamental aspects established through that process remaining current. This includes having a hierarchy and grading system, a balance of track grades and standards, channelling and separation of users where appropriate, adequate signage and adequate parking. However, some gaps were noted.

5.16 The key themes that emerged throughout the stakeholder engagement are summarised in the following paragraphs. These themes have been incorporated into the Draft Strategy.

5.16.1 Reports of conflict on trails have reduced, relationships appear to have improved and there is generally a better sense of understanding between user groups.

5.16.2 A continued positive relationship with Ngāti Koata is seen as essential, due to Ngāti Koata being a landowner with recreation opportunities that are strategically important to Nelson.

5.16.3 Increased balance in the network is required, as there are not enough easy level trails. The Draft Strategy identifies the Maitai Valley as having considerable opportunity for increasing the supply of lower grade trails.

5.16.4 Over the next three years, there is a need to shift the focus from expanding the mountain biking network towards targeted trail upgrades within the existing network, establishing connecting trails near to the Maitai Hub and programming renewals of higher use tracks. A proposed Trail Physical Works Schedule (previously named the Implementation Plan in the 2016 Strategy) identifies proposed new trails and those recommended for changes. The physical works schedule table is included in the Draft Strategy, and the maps are provided as Attachment 2 to this report.

5.16.5 The formation of a Track Advisory Group (TAG) is proposed to oversee the Strategy’s implementation (e.g. prioritise and make recommendations on new trail proposals) and report back on different themes or focuses. The TAG would be comprised of various representatives (e.g. recreation groups, landowners and environmental groups). Terms of reference for the TAG will be developed over the coming months and will be reported to the Committee when the Strategy is brought back following the feedback process.

5.16.6 A Track Users Forum is also proposed to be established which would be comprised of a wider group of interested parties and would meet annually to collaborate and discuss issues and opportunities.

5.16.7 The Brook Hub has been well received. The Draft Strategy recommends continuing with the development of a recreation hub in the Maitai (with connecting trails) and an investigation into trailhead facilities in Marsden Valley.

5.16.8 In some areas, wayfinding is considered adequate, however, in others, a considerable effort is required to upgrade signage.

5.16.9 An increased environmental lens is required. The 2016 Strategy focussed on resolving recreation issues and providing direction and process to recreation groups proposing new trails. However, it is clear that trails proposed in some areas require additional scrutiny from an environmental perspective. This increased focus is proposed to be achieved by having environmental representation on the TAG, actively pursuing illegal trail construction activity, and including a high-level map in the strategy to guide future trail proposals (this map would be used as a guide only, and is not directly related to regulatory planning/resource consents). The draft environmental map is provided in Attachment 3.

5.17 Mountain biking has increased considerably in popularity and although conflict has reduced, other users are still feeling marginalised in some reserves (e.g. Tantragee Reserve). Additionally, the uptake of walking and running on tracks usually dominated by mountain biking was significant during the 2020 COVID-19 Level 4 lockdown (when mountain biking was not permitted). The volume of use would indicate demand exists for more dedicated walking/running tracks where users can recreate without having to be on alert for bike users. It is proposed that Eureka Park and the Grampians Reserve become pedestrian only. Following this being discussed at the Committee workshop in December, Eureka Park was communicated as pedestrian only during Parks Week in March. This had already been discussed with the NMTBC and at the time of writing no negative feedback had been received.

Reviewed Draft Strategy

5.18 The Vision and Aim have been updated from the 2016 Strategy to incorporate the key themes. The updated Vision and Aim is provided below showing proposed changes.

Our Vision

Nelson is a city held in high regard regionally, nationally and internationally for its well balanced, easily accessible, sustainably and collaboratively managed network of often scenic front country off-road tracks, that provide enjoyable and safe recreation opportunities for all users, while positively contributing to the local economy and demonstrating environmental stewardship.

Our Aim

To maximise recreation opportunities and enjoyment for all front country off road track users and minimise environmental impacts or ~~any~~ potential conflict through effective track design, management and by fostering mutual respect between users.

5.19 The reviewed Draft Strategy includes key principles that promote fairness, environmental stewardship, high standards and health and safety.

5.20 The following strategic priorities have been included in the Draft Strategy:

1. Explore potential for a partnership with Koata Limited to enable continued recreational use of some of its whenua where appropriate

2. Improve the balance in the network through increasing walking/running/cycle trail biking provision of Grade 2 tracks

3. Prioritise Council capital investment in the Maitai Valley floor corridor and Maitai Hub

4. Ensure that the grading of tracks is consistent with national standards for safety and enjoyment of users

5. Maintain tracks to national standard for their specified Grade

6. Strengthen environmental protection, particularly when extending the track network

7. Strengthen ongoing communication and collaboration between stakeholders and users

8. Manage demand, maintenance and renewal priorities plus any growth of the track network is through an evidence-based approach

9. Over the next 3 years, shift the focus from expanding the network to targeted track upgrades within the existing network and programmed renewals of higher use tracks

10. Actively pursue non-compliant users of the track network and unauthorised track building

5.21 The Draft Strategy is given effect through an Implementation Plan, which includes the expected timing and a high-level indication of cost for each action.

5.22 Following the Implementation Plan, a Trail Physical Works Schedule prioritises trails for development or changes. This schedule focuses on providing additional trails for pedestrians and prioritises mountain bike trails that link to the Maitai Hub. The Implementation Plan is provided in the form of a table and is mapped.

5.23 An indicative environmental map (Attachment 3) is proposed to be included in the Draft Strategy that indicates to trail developers where environmental assessment will be required, including high priority conservation areas where a higher level of scrutiny from landowners can be expected. This map is intended to be a guide only (i.e. is not to be used to determine whether a resource consent is needed).

6. Proposed public feedback

6.1 Given the extent of engagement already undertaken, a full process (e.g. Special Consultative Procedure) is not considered to be necessary.

6.2 Officers propose a creating a Shape Nelson page with supporting communications in Our Nelson and on social media. A timeframe of at least a month will be made available for feedback through Shape Nelson.

6.3 Following the feedback period, officers will analyse feedback received and incorporate it into a final version of the strategy which will be brought back to the Committee with any recommended changes noted. The final strategy will be recommended for adoption by Council.

7. Options

7.1 Two options are proposed for consideration. Officers support Option 1.

Option 1: Approve the Draft Strategy for community feedback (recommended)
Advantages	· Provides the wider community with opportunity to input into the Draft Strategy. · Continues the process of Strategy review, which is recommended given the gaps in the 2016 Strategy that have been identified by stakeholders.
Risks and Disadvantages	· No significant risks given the level of engagement already undertaken.
Option 2: Do not approve the Draft Strategy for community feedback
Advantages	· Should the Committee consider that the 2016 Strategy is adequate and not in need of review, then approval of a Draft Strategy is not needed.
Risks and Disadvantages	· The 2016 Strategy remains operative, which has been identified by stakeholders as containing gaps and requiring review.

8. Conclusion

8.1 A review of the Out and About - On Tracks Strategy 2016 is underway.

8.2 A range of stakeholders have been engaged and a draft developed which is attached to this report. The Draft Strategy highlights the importance of the continued positive relationship with Ngāti Koata, and recommends establishing a Track Advisory Group to oversee the Strategy’s implementation, that greater balance is introduced to the network (a higher proportion of easier trails), an increased environmental lens is placed over new trail proposals, and additional pedestrian only areas are created.

8.3 Once approved, the Draft Strategy will be made available for public feedback.

9. Next Steps

9.1 Following approval of the Draft Strategy, officers will undertake the wider community feedback as outlined in this report.

9.2 A final version of the reviewed Out and About - On Tracks Strategy will then be brought to the Committee to be recommended to Council for approval, noting any changes made following the feedback period.

Author: Paul Harrington, Team Leader Parks and Facilities Activity Management

Attachments

Attachment 1: A2471811 - Out and About On Tracks Review - Draft Report ⇩

Attachment 2: A2695484 - Draft Out and About Strategy - Physical Works Schedule Maps ⇩

Attachment 3: A2522539 - Out and About Strategy Indicative Environmental Maps ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Approving a Draft Strategy for release for community feedback promotes democratic local decision-making.

The Strategy seeks to mitigate conflict on trails and enhances environmental protection, which promotes community wellbeing.

2. Consistency with Community Outcomes and Council Policy

The Draft Strategy assists with the following community outcomes:

· Our unique natural environment is healthy and protected (Draft Strategy recommends an environmental lens be placed over new trail proposals)

· Our urban and rural environments are people-friendly, well planned and sustainably managed (Draft Strategy relates to recreation behaviour in the rural environment)

· Our infrastructure is efficient, cost effective and meets current and future needs (Draft Strategy promotes criteria for new trails)

· Our communities are healthy, safe, inclusive and resilient (Draft Strategy recognises health benefits of exercise)

· Our communities have access to a range of social, educational and recreational facilities and activities (Draft Strategy promotes recreation)

· Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement (Draft Strategy is a partnership with a range of stakeholders and landowners, and takes a region-wide approach to the network)

· Our region is supported by an innovative and sustainable economy (Draft Strategy acknowledges the contribution mountain biking makes to the local economy).

3. Risk

The approval of a draft for wider community feedback carries a low risk.

4. Financial impact

The Draft Strategy contains recommendations for trail and recreation Hub development, however much of this is already reflected in the LTP, having been largely included in the 2016 Strategy. Additionally, a final Strategy will be brought back to Committee following wider community feedback for approval.

5. Degree of significance and level of engagement

The decision at hand is of relatively low significance because the Strategy is still at the draft stage. Given the Strategy includes outcomes that will be of interest to the wider recreation and environmental community, officers have recommended some limited engagement to invite feedback prior to bringing a final version to Committee for recommendation to Council for adoption.

6. Climate Impact

This report and the associated Strategy are considered to be of low relevance to climate change.

7. Inclusion of Māori in the decision making process

A report relating to the Strategy review was included on the agenda of the 17 February 2021 Te Ohu Taiao hui (iwi advised at the hui that they did not have time to engage in relation to this mahi). Officers have discussed the Draft Strategy with Koata Ltd as landowner and included its feedback.

8. Delegations

The Community and Recreation Committee has the delegation to consider approving a Draft Out and About – On Tracks Strategy (noting that the approval of the final version of the Strategy will be in the form of a recommendation from the Committee to Council):

Areas of Responsibility:

· Parks and Reserves, aside from Saxton Field (a matter for the Saxton Field Committee)

Delegations:

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

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