Item 6: Gambling Venues
Policy Review 2021
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Council
9 September 2021
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REPORT R24818
Gambling
Venues Policy Review 2021
1. Purpose
of Report
1.1 To
review the Gambling Venues Policy 2018 in accordance with the three yearly
review cycle and put forward options in response to the review.
2. Summary
2.1 Council
must review its Gambling Venues Policy within three years of each prior review,
as a statutory requirement. Officers have undertaken community pre-engagement
as part of a review of the Policy. The officer recommendation is to respond to
the review by retaining the Policy without change.
3. Recommendation
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That the Council
1. Receives
the report Gambling Venues Policy Review 2021 (R24818) and its attachments (A2090535, A2720694); and
2. Notes that a review of the
Council’s Gambling Venues Policy (A2090535), which is required under
the Gambling Act 2003 and the Racing Industry Act 2020, has been undertaken
and is outlined in this report; and
3. Agrees that the result of the
review is that no change is needed to the current Gambling Venues Policy
(A2090535); and
4. Determines that it is not
appropriate to carry out consultation or any further engagement on the
decision to retain the current Gambling Venues Policy (A2090535) without
change.
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4. Background
4.1 The
Policy sets out the requirements for territorial authority consent to establish
and operate Class 4 and Totaliser Agency Board (TAB) venues within Nelson.
Council adopted its first Gambling Venues Policy in 2003 in response to the
requirements of the Gambling Act 2003.
Legislative requirements
4.2 This
review is a statutory requirement of both the Gambling Act 2003 and Racing
Industry Act 2020 and is not in response to any particular issue arising from
the Policy.
4.3 Any
proposals to change the Policy will trigger a requirement to engage in a special
consultative procedure.
4.4 The
current Policy was approved on 6 December 2018 and is due for review within
three years. Under the Act the Policy will not cease to have effect because it
is due for review or being reviewed.
Previous Council decisions
4.5 The
previous review, completed in 2018, resulted in a number of changes to the
Policy, including reducing the cap on machine numbers in Nelson from 273 to
162, and limiting machine numbers for new venues from nine to five. Regarding
this latter point, officers understand that no other councils in New Zealand
have such a limit. This is based on analysis from True Legal, a law firm that
often represents gaming societies during gambling policy reviews. The governing
legislation provides for a maximum of nine machines for new venues, and this is
the number most territorial authorities have incorporated into their policies.
Geographic and zoning restrictions on new venues, including the 100 metre
minimum distance requirements from ATMs and community, child and family focused
facilities, were unchanged. The inclusion of a sinking lid was considered but
ultimately not approved. Refer to Attachment One for the full Policy.
4.6 The
pattern to date has been that reviews involving a special consultative
procedure have occurred every second review i.e., six yearly. However,
nothing prevents Council from proposing changes to the Policy and engaging in a
special consultative procedure at any point in the cycle.
Statistics – Nelson
machines and venues
4.7 Currently,
gaming machines operate in nine venues in Nelson, which operate between 9 and
18 machines each. This is a decrease from 11 venues in 2018, when the current
Policy came into force.
4.8 The
present number of gaming machines operating is 140, with 144 active licences
within Nelson. This is because one venue is voluntarily operating fewer
machines than its licence allows for. In 2018, there were 154 machines
operating in Nelson.
4.9 The
current difference between active machines and allowed machines in Nelson is
22. Of this, four are covered by a current venue’s licence, meaning 18
are available to new venues. This data was current as of 20 April 2021, with
data for the June 2021 quarter still unavailable at the time of writing. True
Legal, a firm that represents gaming societies and advocates for less
restrictive policies, indicates that the fixed costs for establishing a gaming
venue are such that a limit of five machines is too onerous for venues. True
Legal also claims that community returns are diminished under a five machine
limit due to the fixed costs.
4.10 Currently
there are no standalone TAB venues in Nelson. There are four venues which
operate NZ Racing Board self-service terminals (outlet type kiosks) or publican
managed TABs. Gaming machine venues are predominantly located in the central
City, with two locations in Tahunanui, and one in Stoke.
4.11 Since
2015, incremental increases in gaming machine expenditure have been recorded
across New Zealand, including Nelson. 88% of people presenting to Addiction
Advice and Assessment Limited Nelson in 2020 reported Class 4 machines as their
primary source of gambling.
4.12 Conversely,
there is a national trend of decreases in the number of Class 4 machines and
venues. Nelson’s decreases are in line with these national trends.
4.13 Two
studies have been undertaken to review the impact of gambling policies on Class
4 gaming outcomes in New Zealand:
4.13.1 One
concluded that the policy interventions (namely imposing absolute caps on
machines and/or venues, per capita caps on machines and/or venues, and sinking
lid clauses) are all effective means of reducing the number of Class 4 machines
and venues. However, the same study also concluded that reductions in numbers
of Class 4 machines or venues is not enough to prevent problem gambling and
other related harm.
4.13.2 The
second study found that while sinking lid clauses were effective at reducing
the number of machines, the amount of money spent overall had grown. It
indicated that up to December 2013, quarterly losses on Class 4 machines were
$206 million. By 2020 this quarterly figure had increased to $242 million, an
increase in the amount lost of 17.5%, exceeding increases in the consumer price
index.
4.14 The
second study is supported by analysis of data provided by the Problem Gambling
Foundation for 14 councils and the years after they implemented sinking lid
policies. Half of those councils implemented sinking lids too recently to
provide sufficient data. Of the remaining councils sampled (seven), only one
(Ōtorohanga) experienced an overall decrease in gaming machine spend
following the implementation of a sinking lid policy. The number of venues and
machines in these seven councils either dropped or remained static.
Gaming Machine Proceeds
4.15 Under
the Act, 40% of gaming machine proceeds (GMP) from Class 4 machines must be
distributed back to the community through grants. The societies that run the
machines are not required to disburse funds back into the community of origin.
Some may have a requirement to do so through their constitutions, but these are
an exception not a rule.
4.16 The
net annual revenue generated by Class 4 gambling in Nelson during the period
2015-20 has been between $9-11 million. The general trend has been of annual
increases in revenue, with a small drop from 2015-2016, and a larger drop in
2020. The table below sets out Nelson’s GMP figures and grants over
2015-2020.
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Nelson
Year
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GMP ($millions)
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40% of GMP ($millions)
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Value of grants to organisations based in Nelson
($millions)
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2015
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9.2
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3.67
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2.1
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2016
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9.0
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3.60
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2.0
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2017
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10.1
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4.04
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2.0
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2018
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10.4
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4.16
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1.9
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2019
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10.8
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4.32
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2.8
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2020
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9.4
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3.76
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1.0
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4.17 It
is difficult to accurately quantify the value of grants to the Nelson
community, as many organisations that benefit Nelson may receive grants at a
head office based elsewhere.
4.18 Problem
Gambling Services statistics for Nelson are another metric for determining the
efficacy of the Policy. However, the number of clients presenting to Addiction
Advice and Assessment Services Nelson has fluctuated between 2015-2020 and
shows no clear link to machine numbers. There was a spike between 2017-2018 and
2018-2019 attributed to the addition of another fulltime employee, enabling
more clients to be served.
5. Feedback
on Council’s current Policy
5.1 To
inform the current review, pre-engagement was conducted between 20 July and 3
August. 58 stakeholders and interested parties were contacted to see if they
had any views on how the Policy could be improved. The approached stakeholders
cover a range of interests, from gaming societies and the hospitality sector,
to healthcare and social service providers. Sporting and community groups were
approached, as were individuals who had expressed an interest in the Policy in
the past. The list from previous reviews was used for these contacts. Refer to
Attachments Two and Three for further detail.
5.2 11
responses were received as a result of the pre-engagement. In some cases, a
response contained multiple positions, meaning the totals do not necessarily
add up to 11. A summary of the submissions is attached.
Suggestions for change:
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Tighten the Policy (add a sinking lid, reduce
caps)
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6
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Loosen the Policy (increase cap of machines in
new venues, add a relocation clause, reduce geographic restrictions)
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4
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Other
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2
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5.3 The
majority of responses were consistent with submissions made by organisations
and individuals to previous submission processes.
5.4 Four
respondents requested the inclusion of a sinking lid, with a common reason
given being that reducing the number of machines available reduces the exposure
of people to gambling harm. There were a number of comments outside of
Council’s legislative powers including that Council should remove Class 4
gaming machines from venues or prevent old machines from being replaced.
5.5 The
hospitality sector and gaming societies advocated for a relocation clause. They
recommend it as a harm minimisation tool, as it would allow for relocation of a
venue from an area of high deprivation to lower deprivation (though the
majority of machines are in the City Centre, making this argument less relevant
for Nelson). Two respondents expressed a desire for the limit of five machines
for new venues to be increased to the legislative maximum of nine, and for the
removal of the 100m restrictions around ATMs for new venues. While these
submitters’ preferences were for a loosening of the Policy, they were
also broadly in support of the current Policy and opposed the introduction of a
sinking lid.
5.6 Further
points expressed concern around the use of private ATMs in bars (those not
affiliated with a bank but stocked with cash by the venue), and the description
of pokies as ‘gaming machines’ (which was seen as a less serious
term than gambling machines). As private ATMs in venues are legal, so long as
they are not in the gaming room itself, and the term ‘gaming machine’
comes from the legislation, neither point can be addressed by the Policy.
5.7 Another
point raised was that the current Policy does not encompass the concept of
minimising harm. The Policy does, however, say its objective is to have regard
to the social impact of gambling in Nelson, wording taken directly from the two
governing Acts.
5.8 In
summary, the pre-engagement process shows there are a range of views similar to
those expressed in previous processes.
6. Review
findings
6.1 Overall,
the review has found that the Policy is working effectively and is quite
restrictive in its impact. Gambling expenditure has grown, however this is
consistent with gambling across New Zealand, and analysis of sinking lid
policies have not shown a demonstrative causal relationship with reductions in
gambling expenditure.
6.2 Nelson’s
Policy has in place significant restrictions on new venues, with the lowest
number of machines for new venues in the country. As all current venues are at
maximum capacity bar one, and there has been no venue growth over the period
covered by the current Policy, officers regard the Policy as operating to limit
the growth of gambling.
6.3 A
number of responses to the pre-engagement process sought a tightening of the
Policy. Those that wished for the Policy to be loosened, did show some degree
of acceptance of an outcome that retained the current Policy configurations.
Making no changes to an already restrictive Policy therefore presents a balance
between these two sets of views and, as such, officers believe it is the most
reasonable outcome.
7. Options
7.1 Council
may choose to not to change the Policy as a result of the review (meaning it is
likely to remain in its current form until the next three-yearly review)
(option one).
7.2 Alternatively,
Council can decide to propose changes to aspects of the Policy as a result of
the review, and direct officers to prepare draft consultation materials for
consideration. These changes could include any one or more of the following:
7.2.1 Including
a sinking lid clause (option two)
7.2.2 Including
a merger and/or relocation clause (option three)
7.2.3 Changing
the current machine cap (option four)
7.2.4 Changing
geographic and/or machine restrictions on new venues opening (option five)
7.3 The
governing legislation provides that use of the special consultative procedure
is mandatory when making any changes to the Policy.
7.4 If
Council preferred to propose changes, a suggested timeline for this follows:
7.4.1 Statement
of Proposal brought to the 4 November Environment and Climate Committee meeting
for approval
7.4.2 Consultation
runs 8 November – 8 December
7.4.3 Hearings
held either late 2021 or early 2022
7.4.4 Deliberations
to be held at the first Environment and Climate Committee meeting of 2022
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Option one: Making no change to the Policy as a result
of the review (recommended)
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The option would maintain the cap of 162 machines and 100m
restrictions on new venues with a five machine limit on new venues
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Advantages
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· Saves community
and Council resources by not requiring a special consultative procedure
· No impact on
funding availability for community and sporting groups
· Maintains a
Policy configuration that has seen a reduction in gaming machines and venues
over the course of its operation
· Continues Policy
outcome of restricting the number of machines for new venues
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Risks and Disadvantages
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· May not be
supported by groups and individuals who wish to see continued downward
pressure on the cap and number of gaming machines
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Discussion
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The current
Policy is delivering on its objective and is restrictive in its impact.
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Option two: Introduce a
sinking lid clause
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Where a venue surrenders or ceases operation of machines,
or has its licence suspended, the approved number of machines would
automatically drop to the reduced number of machines operating.
Note: Under the Gambling Act operators have a six-month
grace period (in the case of licence surrender or suspension) to reapply to
re-establish the number of machines they previously operated, without
requiring council consent, before the sinking lid applies.
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Advantages
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· Would ensure no
new venues could be established
· Likely to be
supported by people and groups concerned with gambling harm
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Risks and Disadvantages
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· Previously
considered during other reviews but never adopted due to mixed feedback from
the community
· May reduce over
the time the amount of money returned to the community via grants from
gambling proceeds
· Research
suggests sinking lids have limited to no impact on reducing GMP
· There is a
resource burden on the community (and Council) in undertaking a special
consultative procedure
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Discussion
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The number of machines in Nelson is gradually decreasing
under the current Policy and feedback from gaming societies is that the
current limit of five machines is not financially viable. Therefore, introducing
a sinking link clause to the Policy may not have any effect on the number of
machines.
There does remain a risk that without a reduction in the
cap, or a sinking lid clause, that a new venue might be established but it
would need to meet the requirements of the Policy, including location
restrictions.
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Option three: Introduce merger clause
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Merger clauses enable venues to amalgamate, effectively
removing one venue from an area, and concentrating machines in another. This
is managed through the licencing arm of the Department of Internal Affairs,
but it must adhere to the territorial authority’s policy.
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Advantages
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· Merging venues
allows for a reduction in the number of venues in Nelson
· Potential for
Class 4 machines to move away from areas of high deprivation as a venue
leaves an area to merge into another venue
· Typically
supported by the gaming industry
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Risks and Disadvantages
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· Council cannot
direct which venues merge
· Risks a greater
concentration of Class 4 machines in receiving communities and venues with
more machines, bypassing the objective of restricting new venues to five
machines
· There is a
resource burden on the community (and Council) in undertaking a special
consultative procedure
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Discussion
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Given most Nelson venues are longstanding in their
communities, or are located in the City Centre, it is considered unlikely
that there would be many cases of venues merging.
Note: if a merger of two venues is sought, ministerial
approval is required, and the maximum number of machines is the lesser of 30
or the sum of the machines specified in the merging venues’ licences at
the time of application.
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Option four: Introduce relocation clause
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Relocation clauses allow venues to move to new premises
and retain the existing approval to operate Class 4 machines, moving machines
around an area. The provision within the Gambling Act that allows for this
was intended as a tool to reduce the concentration of gaming machine venues
in high deprivation areas.
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Advantages
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· Allows venues to
move away from areas of high deprivation
· Typically
supported by the gaming industry
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Risks and Disadvantages
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· Council cannot
direct which venues relocate
· Increases access
to Class 4 gambling in receiving communities
· There is a resource
burden on the community (and Council) in undertaking a special consultative
procedure
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Discussion
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Given the location restrictions that are in place, and
that the venues in higher deprivation areas (Tahunanui and Stoke) are
longstanding, venue relocation is considered unlikely to happen even if
permitted by the Policy.
Currently approximately 55 councils have some form of
relocation clause in place.
A relocation clause was moved as an amendment during the
2018 review and was not carried.
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Option five: Changing the current machine cap or
geographic restrictions on new venues
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It is open to Council to consider changes to machine caps
and geographic restrictions on Class 4 gambling in Nelson.
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Advantages
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Tightening
· A proactive approach
to the reduction of gaming machines
· May prevent new
venues opening
· In line with
Council’s objective to support harm minimisation principles
· Strengthens
restrictions on new venues
Loosening
· Brings Policy in
line with standard set by legislation
· Improves the
entertainment offering of new venues
· Improves the
community return of GMP from new venues
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Risks and Disadvantages
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Tightening
· Not likely to be
supported by community groups reliant on grants from this source
· There is a
resource burden on the community (and Council) in undertaking a special
consultative procedure
· Current
restrictions are already limiting on new venues, meaning further tightening
of these rules may have a negligible effect
Loosening
· May promote
growth in gambling venue numbers in Nelson
· There is a
resource burden on the community (and Council) in undertaking a special
consultative procedure
· Not supported by
the harm minimisation sector
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Discussion
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The
current geographic restrictions have been in place since 2007.
ATM location restrictions can be circumvented by getting
cash out at the bar. This however helps enable staff to identify potential
problem gamblers. Removing the ATM clause was raised as a motion during the
2018 review and was not carried.
Nelson’s limit of five machines appears is tighter
than the limit set by the governing legislation. This position is legal but
is more restrictive than other policies across New Zealand.
The number of machines on offer in a venue does not seem
to impact levels of problem gambling.
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8. Discussion
8.1 Under
the current Policy configuration, there has been no year-end growth in the
numbers of gaming machines or venues, outside of one venue adding four machines
that it was already licenced to have, for over five years. Nelson’s
current Class 4 venues are almost at capacity, with only one venue operating
fewer machines than its licence allows. If this venue was to operate at maximum
capacity, there would be further capacity under the current cap for a further 18
machines, but these would have to be spread across multiple new venues. As
discussed above, the Policy restrictions on new venues are such that new venues
are unlikely to be established in Nelson.
8.2 Officers
consider the Policy is operating as intended and is quite restrictive in its
impact. Retaining the Policy without change is considered by officers to be the
most appropriate response to the review.
9. Conclusion
9.1 Council
is required to review the Gambling Venues Policy and determine if any changes
to the Policy are warranted. Officers’ view is that the most appropriate
response to the recent review is not to make any changes to the Policy. If,
however, Council determines that changes are warranted, any proposals to change
the Policy would need to be consulted on using the special consultative
procedure.
Author: Michelle
Joubert, Policy Adviser
Attachments
Attachment 1: A2090535 Gambling
Venues Policy 2018 ⇩
Attachment 2: A2720574
Gambling Venues Policy pre engagement summary ⇩
Attachment 3: A2724987
Pre-engagement list for Gambling Policy Review ⇩
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Important considerations for decision making
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1. Fit with Purpose of Local Government
Council is
required by the Gambling Act 2003 and Racing Act 2003 to have gambling venue
policies as part of its regulatory functions. Under legislation the Policy
must undergo a review every three years.
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2. Consistency with Community Outcomes
and Council Policy
Maintaining a Policy that controls the
number of gambling venues, machines and their locations contributes to the
community outcome, our communities are healthy, safe, inclusive and
resilient.
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3. Risk
It
is likely that some members of the community will not support Council
continuing with the existing Policy. There are a wide range of views of what
is considered appropriate for gambling regulation, from those who enjoy
recreational gambling or support it for the benefit the community receives
from gaming trust money, through to those concerned with the harm gambling
causes. Overall, the risk associated with continuing with the existing Policy
is considered low.
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4. Financial impact
There are no costs associated with not changing the
Policy. If Council decided to propose to amend the Policy and undertake a
special consultative procedure, this work would be met within existing
budgets.
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5. Degree of significance and level of
engagement
This matter
is of medium significance as it will not impact greatly on the wider
community but will be of high interest to businesses involved in gambling and
to the families and individuals directly affected. It is also an issue that
has attracted community interest in the past.
In making
a decision to not change the Policy officers consider no further consultation
is required, taking into account the decision’s medium significance
and:
· That Council has undertaken
pre-engagement with 58 interested stakeholders and interested parties in
reviewing the Policy,
· A special consultative procedure was used
when amending the Policy in 2018, so Council already has a solid
understanding of the views and preferences of interested parties who come
from both sides of the debate, as well as the wider community; and
· Public consultation uses considerable
Council and community resources, so should not be undertaken lightly.
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6. Inclusion of Māori in the
decision making process
It is a requirement of the Gambling Act 2003 to
provide notice of any proposed draft policy changes to organisations
representing Māori. Should Council decide any changes are to be made to
the Policy, this will happen as part of public consultation by way of
notification of the proposed draft changes to organisations representing
Māori, including iwi, in Nelson.
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7. Delegations
The
Environment and Climate Committee has the following delegations to consider
the review of Council’s Gambling Venues Policy.
Areas
of Responsibility:
· Gambling
Delegations:
· Undertaking community engagement,
including all steps relating to special consultative procedures or other
formal consultation processes other than final approval
Powers
to Recommend:
· Approval of final
versions of strategies, policies and plans
As per 5.2.2 of Council’s Delegation Register,
the Chief Executive, Mayor and the Committee Chairperson have confirmed that
the matter be considered by Council due to the COVID-19 Alert Level
constraints.
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Item 9: Environmental
Management Quarterly Report - 1 April - 30 June 2020
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Council
9 September 2021
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REPORT R26079
Environmental
Management Quarterly Report - 1 April - 30 June 2020
1. Purpose
of Report
1.1 To
report on financial and non-financial performance measure results for the
fourth 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.
1.2 As
this is the end of year report for the Group, the report covers the entire year
and a presentation will be provided at the meeting of the key achievements for
the year.
2. Recommendation
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That the Council
1. Receives
the report Environmental Management Quarterly Report - 1 April - 30 June 2020
(R26079) and its attachments
(A2725276, A2692511, A2700782, A2719763, A2713286, A2717558 and A2711918).
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3. Financial
Results
3.1 The
Environmental Management capital expenditure operating budget peaked in April
due to changes approved to the City Development budget which increased the
total operating budget by $290,394. This was then reduced downwards through the
May carry forwards, with both City Development and Monitoring the Environment
carrying forward funds, resulting in the final Operating Budget of $337k which
closely reflects the actuals.
3.2 Monitoring
the Environment expenditure is greater than
budget by $60,000. This is mainly due
to Staff expenditure being over budget by $104,000. Staff costs were allocated
among different cost centres within the business unit differently than
anticipated, but the actual cost is close to budget at the Science and
Environment Business Unit level. This over budget variance is partially offset
by under budget variances in the Air Quality Gasses Study ($19,000) budget due
to contract savings and Air Quality Monitoring ($16,000).
3.3 Developing
the Resource Management Plan Income is greater
than budget by $89,000 coming from unbudgeted plan change
recoveries.
3.4 Developing
the Resource Management Plan expenditure is less
than budget by $606,000. Base expenditure is $527,000 under budget
due to staff taking on some work instead of consultants, while a number of
costs have been delayed in response to the RM reforms.
3.5 City
Development expenditure is less than budget
by $98,000. CBD Development is under budget by $58,000 and City
Development Consultants are under budget by $27,000 due to costs being lower
than anticipated and work on Te Ara o Whakatu extending over the financial
year.
3.6 Environmental
Advocacy/Advice income is less than budget by
$422,000. The Maitai Ecological
Restoration Plan (ERP) Ministry for the Environment (MFE) Grant income is
$127,000 behind budget and the Maitai ERP Department of Conservation (DOC)
Grant income is $293,000 under budget due to timing. These payments are
expected to be received in July 2021 following June reports.
3.7 Environmental Advocacy/Advice
expenditure is less than budget by $373,000 due
to The Maitai ERP Grant (DOC) expenditure being under budget by $338,000. The
grant funding year is November to November, and expenditure is timed to meet
project milestones rather than the end of the financial year. This expenditure
will occur early in the 21-22 financial year. The Warmer Healthier Homes
Insulation Program Grant is under budget by $52,000 due to changes in
government funding.
3.8 Alcohol
Licensing income is less than budget by $73,000. Application Fees are under budget $41,000, Annual
Fees are under budget by $13,000 and Managers Certificates fees are under
budget by $11,000. Fees are set nationally and the activity has yet to fully
recover after impacts to the hospitality sector caused by COVID-19.
Public
Counter Land & General expenditure is less
than budget by $84,000. Staff operating expenditure is $87,000 under
budget due to a budgeting error which will be corrected.
3.9 Building
Services income is $929,000 greater than budget.
Building consent fees are over budget by $620,000. This is due to fee
increases, higher consent numbers compared with prior years, and reduced
budgets for an expected decrease in income due to COVID-19. Further
details on consent numbers are discussed further later in this report.
3.10 Building
Services expenditure is greater than budget by $53,000.
Staff time allocated is over budget by $162,000 due to higher levels of
activity across the building sector resulting in increased workloads and staff costs.
BCA Tech training costs are under budget by $20,000 due to reduced training
provided due to staff being away. Depreciation expense is $40,000 under budget
due to several vehicles being sold albeit these will be replaced.
3.11 Resource
Consents income is greater than budget by
$60,000. Resource consent fees are over budget by $44,000 due to
higher consent numbers compared with prior years and the budget was set based
on a lower level of activity. It was expected that with a shortage of supplies
in the construction sector the level of consenting would stabilise, but numbers
are still increasing.
3.12 Resource
Consents expenditure is greater than budget by
$123,000. One item of the expenditure
is over budget by $224,000 with additional consultant engagement due to
conflicts or vacancies. A fixed-term contract for a consultant while recruiting
will help to reduce this cost going forward.
Building Claims expenditure
is less than budget by $698,000 as
the activity was largely expensed in the last financial year but budgeted this
year.
4. Key
Performance Indicators
4.1 Five
performance measures were not met in the 2020/21 year. (Attachment 1 -
A2725276)
4.2 Building
consents were slightly behind target for processing within the statutory timeframes
of 20 working days at 99.1%. This is predominantly due to the highest
number of building consent applications received in three years. The building
team have recently successfully recruited, in a role that will help resourcing
within this area.
4.3 Resource
consent compliance mandatory timeframe measures for the fourth quarter were 87%
(20 working days), and 78% for fast-track consents (10 working days). The
average for both over the year was 94%. This is due to a combination of the
high number of resource consent applications received, and ongoing vacancies
within the team due to difficulty recruiting experienced staff. Consultants are
engaged to assist where they have capacity but their capacity does not fully
cover for the staff vacancies.
4.4 Pollution
response timeframes were met for the 4th quarter but were not met over the year
due to two complaints delayed being notified to EIL. It was identified as a
staff training issue which has since been addressed.
4.5 The
performance measure of all alcohol premises receiving two inspections over the
year was not achieved, because the Sale and Supply of Alcohol Act has changed
since this measure was written, and Council now inspects high risk premises
only as required by the legislation. 100% of high-risk premises were inspected
in 2020/21. This measure has been changed in the 2021-2031 LTP.
5. Summary
of Achievements for the 2020/21 financial year
Building
IANZ
accreditation
5.1 The
Building Control Authority went through an IANZ accreditation audit and were
informed they were amongst the top Building Control Authorities in the country.
The audit resulted in 11 General Non-Compliances, 3 were cleared while IANZ was
on site. This compares to 32, 2 years ago. The remainder will be cleared within
3 months to retain accreditation. Fees were revised and changes
implemented on 1 July 2021.
Building
Inspections
5.2 There
were significantly more building inspections undertaken than in previous years,
with 7629 inspections undertaken in 2020/21 which is a 32% increase compared to
2019/20. This was unexpected and has seen the value of works increasing from
$168.7 million in 2019/20 to $183.3 million in 2020/21.
City Development (Urban Development Sub-Committee
Matters)
Te
Ara ō Whakatū– Nelson City Centre Spatial Plan engagement
5.3 Targeted
community pre-engagement for Te Ara ō Whakatū was completed to help
inform the plan that will be adopted later in 2022. A total of 81 meetings were
held with more than 40 community sectors across Nelson, and more than 250
attendees participated over the four-month pre-engagement period.
Development
Contributions Policy
5.4 Council
sought feedback from a wide range of people including developers and the public
on how to make the policy as fair and easy to understand as possible. The 30
Housing Units of Demand (HUD’s) waiver was removed and the waiver now
applies to all HUD’s in the city centre to encourage intensification. The
Council adopted its revised policy on 24 June 2021, and it came into force on 1
July 2021.
Planning
Draft
Whakamahere Whakatū Nelson Plan (WWNP)
5.5 A
draft of the Whakamahere Whakatū Nelson Plan (WWNP) was released to the
public for feedback in September and October 2020, following stakeholder
engagement in the first half of 2020. A second phase of engagement on specific
topics, such as freshwater flood hazards, has been prepared in early 2021 for
public feedback later in 2021. The WWNP is being developed with input from the
eight iwi of Te Tauihu.
Natural
Hazard Information
5.6 In
conjunction with the development of the WWNP, a broad range of natural hazard
information has been collected and was shared with the community –
including coastal inundation, fault rupture, liquefaction and slope instability
susceptibility. For coastal inundation, maps were released in November 2020 as
part of Council’s Dynamic Adaptive Pathway Planning (DAPP) process. The
DAPP process is recommended by Central Government for considering where and how
our region may be affected by rising sea levels and the uncertainties of
climate change. Work will be on-going with the community using the DAPP
process.
Resource Consents and Compliance
Resource
consent applications
5.7 The
Resource Consents and Compliance team has been busy in the 2020/21 financial
year. Instead of a forecasted decline in consent applications following
the economic impacts of Covid-19, there was an 11% increase in resource consent
applications compared to the previous year.
Dog
Registrations
5.8 Dog
registrations were up and complaints down for the 5th year in a row. A
positive trend has been dog registrations being higher than in the previous
year, with 6079 dogs registered in 2020/21, compared to 5969 in 2019/20.
The increase in dog registrations has occurred at similar levels year on year
and likely to be attributed to the increase in Nelson’s population.
Science and Environment
Jobs
for Nature projects
5.9 Project
Mahitahi was launched in October 2020 and since its inception has employed 33
people across a range of projects, planted the first 15,000 trees (of 125,000
to be planted over five years), held five community planting events, and
removed pest animals and pest plants from the Maitai catchment. The Project is
a Kotahitanga mō te Taiao Alliance project, co-designed and co-governed by
Council, Iwi partners (Ngāti Koata, Ngāti Rārua, and Te
Ātiawa) and the Department of Conservation (Refer to Attachment 2
A2692511).
5.10 Council
has been successful in securing $990,628 of funding from DOC’s Jobs for
Nature Biodiversity on Private Land fund to restore sites of high ecological
value on private land in the Wakapuaka and Whangamoa catchments. The project
was endorsed by Ngāti Tama ki te Waipounamu Trust and Wakapuaka 1B Trust,
and the Kotahitanga mō te Taiao Alliance. The three-year project will
start in 2021/22 and will result in more than 15 FTE’s being employed
over 3 years.
Healthy
Streams
5.11 In
the 2020/21 year the river bathing sites at Maitai Camp, Sunday Hole, Girlies
Hole and Wakapuaka at Hira, and all four marine recreational bathing sites,
were 100% compliant with the recreational bathing guidelines. The Paremata
Flats Reserve site was compliant for 94% of samples and the Collingwood Street
bridge for 89% of samples. These results are contributing to council’s
targeting of urban Stormwater Quality Improvement Programmes and rural
Sustainable Land Management initiatives to achieve greater water quality
improvement.
5.12 The
flow recorder at the ‘Roding at Skidsite’ site was upgraded with
modern equipment and now has telemetry to enable real time data relay to the
office. Along with the new continuous water quality monitoring site in the
lower Maitai, this upgrade is part of a wider enhancement programme providing
telemetered water quality and hydrology data in the Nelson region. This data
will allow a much better understanding of variations in water quality over time
and help inform limit setting and water quality accounting required for the
National Policy Statement – Freshwater.
Nelson
Nature
5.13 There
are now over 30 community trapping projects in Nelson, across Council and
private land, supported by Council’s Nelson Nature Halo programme. Over
the six months from January-June this year more than 2,300 predators (rats,
stoats, possums) were removed by community volunteers. A highlight has been a
significant increase in the number of groups using a national online recording
tool to record their data, which will help contribute to Predator Free NZ
goals.
5.14 A
total of 62 applications requesting $647,000 of funding were received across
two rounds in the second year of the Environmental Grants Scheme. Most grant
applicants were successful with some funding for their project and $336,000 was
awarded from Council’s Nelson Nature, Healthy Streams and Sustainable
Land Management programmes. $179,000 of this funding was sourced from Ministry
of Primary Industries’ Hill Country Erosion fund. The grants will help
support landowners and community groups to manage erosion on steep erodible
land; control weeds and animal pests; restore stream margins and wetlands; and
plant over 43,000 native plants across the Nelson region. The next round opens
in August 2021.
Sustainable
Land Management
5.15 The
second year of the Hill Country Erosion (HCEF) Project, funded by MPI, was
completed with planting of 50,000 plants across erosion prone sites by the end
of June.
5.16 Council
has worked with 10 rural landowners to develop land environment and forestry
environment plans for their properties to help guide sustainable land
management practices and address issues like erosion, pest plants and stock
exclusion from waterways as part of Councils HCEF deliverables.
Coastal
and Marine Monitoring
5.17 The
Coastal and Marine Monitoring programme started with water quality monitoring
at eight coastal and six marine sites and aligns with the current freshwater
and estuarine monitoring programmes. The data will enable coastal and marine
state of the environment reporting.
5.18 Nelson
is now part of an international coastal monitoring project with camera holders
installed at five locations. Photos taken by citizen scientists using the
camera holders will be used to monitor changes in the coastline after storm
events, high tides and for sea level rise. This will help with understanding
these events and for management of coastal areas.
Biosecurity
5.19 In June a trial was completed to control
Water Celery (an invasive aquatic weed) along a section of Orphanage Stream. Collaborative
monitoring was undertaken between Council teams and iwi resource managers,
including cultural assessments.
Monitoring of dissolved oxygen, pH, temperature, and MCI (macroinvertebrates)
showed there was no detectable adverse effect on the water quality or
ecological values in the treatment area or immediately downstream. The results
will inform the operational plan for ongoing control in this and other
waterways in Nelson.
Air
Quality
5.20 There
were no exceedances of the National Environmental Standards for Air Quality
(NESAQ) during this quarter.
6. Risks
and Challenges
6.1 Two recreational vessels impeded ship
movements in the cut. The pilot boat will be patrolling the exclusion
zone more when ships are due to enter the cut. The harbourmasters will also
continue work on educating recreational boaties on the Navigation Safety Bylaw
rules.
6.2 Recruitment for consents planners, staff
in the building area and the Environmental Planning team has been difficult due
to the nationwide shortage. The resource consents team is carrying three
vacancies. The Environmental Planning team is carrying two vacancies. High
workloads due to ongoing vacancies has reduced time to focus on improving
practices. The Building Team is still carrying a Team Leader gap which is
placing increased operational pressure on the Manager.
6.3 Preparation of a new Future Development
Strategy to meet the requirements of the National Policy Statement –
Urban Development (NPS-UD) requires working across territorial authority
boundaries. There is likely to be widespread community interest.
6.4 The primary risk to the delivery of the
Science and Environment’s work programme in the 2021/22 year is
uncertainty relating to change and new direction. Examples are the
delayed amended National Environmental Standards for Air Quality, and National
Policy Statement for Indigenous Biodiversity. Both pieces of regulation
will require new workstreams which have been budgeted for, but which cannot be
fully implemented until the regulations are passed.
7. Legal
Proceedings
7.1 The Building team currently has four legal
proceedings in progress. These are being reported to the Audit, Risk and
Finance Sub-Committee.
7.2 A prosecution for a dog attack was heard
on 2 December 2020 and the Judge’s decision to euthanise was made on the
18 December 2020. This decision was appealed; however, the appeal was not
upheld by the High Court. Council is opposing the application to take the
matter to the Supreme Court.
7.3 Another dog that attacked a policeman has
been seized. This case was also recommended for prosecution and is proceeding
toward a hearing on 19 August 2021.
7.4 A
full outline of where the Marine and Coastal Areas Act 2011(MACA) Court process
is included in the Audit, Risk and Finance quarterly legal report. The next
Court event for the Nelson proceedings is a case management conference in June
2022.
8. Climate
Change
8.1 In
the last quarter of the financial year a focus has been on completing the
Climate Action Plan, which includes actions across four areas (mitigation and
adaptation for Council and community).
8.2 This
Plan identifies how Council will meet operational targets as well as support
the community in achieving net zero carbon and adapting to the impacts of
climate change.
8.3 Another
focus in the last quarter has been the engagement with community groups such as
the Nelson Tasman Climate Forum and Businesses for Climate Action which have
been allocated funding in the Long Term Plan.
8.4 New
streams of collaboration have been identified (eg developing videos,
fundraising collaboration) with positive feedback coming from both of these
groups.
8.5 This
quarter has also seen initiatives related to mitigation of Greenhouse Gases
(e.g. Council’s fleet saving estimation and identification of future
funding from the Low Emission Vehicles Contestable Fund (LEVCF) to accelerate
the uptake of electric vehicles, staff are currently getting ready information
and data for when the funding is released in October – November;
following the development of the new Procurement Policy that ensures that
purchasing decisions are guided by the underlying principle of minimising
greenhouse gas emissions, staff supported the development of new criteria that
will be used in Capital Projects tender evaluations going forward.
8.6 As
a result, the Capital Projects tender evaluation forms have been updated to
include Broader Outcomes. The Broader Outcomes attribute sets out the
requirements the supplier will need to respond to and will be assessed against
the priority items identified in Council’s Procurement Policy.
8.7
It is expected that the assessment criteria will develop over time.; progress
on energy audits and the development of a working group to estimate the carbon
footprint for communities and also initiatives related to climate change
adaptation (e.g. climate change risk assessment for the Nelson coastal area).
9. Urban Greening Project Update:
9.1 Officers are working with the Chair
and a consultant to refine the brief for the Urban Greening Strategy which is
planned to be workshopped with the Committee on 21 October. The Chair of
the Infrastructure Committee and the Chair of the Community and Recreation
Committee will also be involved in the discussions. The Strategy intends
to provide a guide with a long-term perspective, addressing a range of urban
green space typologies to assist in decision-making and resource allocation.
9.2 The key objectives of the Strategy are
proposed to be:
9.2.1 Social: to safeguard the future of green
spaces for amenity and wellbeing of all users;
9.2.2 Environmental: to enhance and support local
biodiversity;
9.2.3 Cultural: to celebrate local identify and
character; and
9.2.4 Economic: to improve the management and
value of the city’s urban green spaces.
10. Environmental
Management Activity Update by Business Unit
Building Updates:
10.1 A
new fully resourced building compliance team has been established, dedicated to
undertaking the Council’s territorial authority functions. The team
undertakes such activities as Building Warrants of Fitness, commercial building
inspections, and Swimming Pool Barrier inspections and compliance, and has seen
major improvements around its systems. Recruitment for some other roles
has been difficult.
10.2 There
was a high level of activity in the building area over both the quarter and the
year (Attachment 3 - A2700782), including:
10.2.1 272 building consents formally
received (964 over the year)
10.2.2 279 building consents granted (947
over the year)
10.2.3 1942 building inspections undertaken
(7629 over the year)
10.2.4 187 Code Compliance Certificates
issued (699 over the year)
10.2.5 145 Land Information Memorandum
(LIMs) reports produced (711 over the year).
10.3 There
was one breach of the Code Compliance Certificate timeframes at 107 days.
This was missed and officers are reviewing the process as to what occurred that
led to the oversight.
10.4 The
Building team has also upgraded systems used to view electronic consent
applications. This improvement will drive efficiencies through technology. The
software can compare documents, identifying changes to plans from previous
versions, amongst other new features.
10.5 The
number of Land Information Memorandum (LIM) reports produced were the highest
in four years. A total of 711 were processed this financial year, compared to
605 in the 2019-20 FY.
Planning Updates:
Nelson Plan Development
10.6 Development
of the Nelson Plan continued to be the focus for the fourth quarter for the
Environmental Planning team. The team has been working through changes to
the Nelson Plan following stakeholder and public feedback.
10.7 In addition, the Environmental Planning
team have been engaging with property owners on notable tree provisions and
preparing material for the second round of engagement on selected Draft Nelson
Plan topics. These topics relate to flood hazards, port noise, and the airport
zone.
10.8 Further natural hazard planning work
continued with the initial release of slope instability susceptibility maps.
The maps were released in conjunction with public information sessions.
Following those meetings, a Slope Instability Technical Advisory Group has been
established to advise on further work needed to assess the hazard and risks.
The group is comprised of local geotechnical and engineering geologists, and
Council officers.
10.9 Officers have continued to work with iwi
on identifying sites of significance to Māori, and freshwater plan
development.
10.10 In June, the Mayor and officers met with
the Chief Freshwater Hearing Commissioner to discuss the new hearing process
for Freshwater Plans. The process involves sending any parts of a plan
‘that relate to freshwater’ to an independent hearing panel. The
panel hears submissions and makes decisions, for Council to then adopt before
making the Plan operative. There are limited grounds for appeals through this
new process.
Coastal
Hazards
10.11 The team has continued applying the Dynamic Adaptive
Pathways Planning (DAPP) approach for responding to coastal and lower Maitai
river flooding hazards. A multi-agency risk and vulnerability assessment
was undertaken in June. The work was a high-level assessment to help
establish priorities for further work. The outputs will be reported
separately to Council, and then feedback sought from the community.
Resource
Management Reforms and National Directions
10.12 The National Environment Standard on the Outdoor
Storage of Tyres (NES OST) was released in May 2021 and comes into force on 20
August 2021. The purpose of the NES OST is:
10.12.1 To ensure the risks of harm to the environment,
human health and local communities from outdoor tyre storage are appropriately
managed.
10.12.2 To support more consistent management practices
across New Zealand, filling gaps in regulatory settings that create incentives
to move tyres between regions.
10.13 The NES OST prevails over the Nelson
Resource Management Plan (NRMP). However, plans can be more stringent
than the NES. The NRMP is being checked for consistency with the NES OST
and will be amended if required.
10.14 In May, Central Government closed its
engagement on its proposals for Phasing out Fossil Fuels in process heat.
They propose developing national direction to:
10.14.1 Achieve national consistency and certainty in
the management of industrial greenhouse gas emissions under the RMA; and
10.14.2 Reduce industrial GHG emissions to mitigate the
adverse effects of climate change and support New Zealand’s transition to
a low emissions economy.
10.15 Central Government has also released an
Exposure Draft of the Natural and Built Environment Act (NBA), which is one
piece of a suite of legislation to replace the Resource Management Act.
The exposure draft of the NBA is high level and does not contain details about
consent processes, governance or decision-making arrangements, compliance,
monitoring, allocation methods, or transitional arrangements. No
direction has yet been received about the proposal for a single plan for
Nelson, Tasman and Marlborough councils. Explicit clarification was
requested from the Minister in April 2022 as to whether they intend a single
plan for the 3 councils. A submission on the NBA was submitted and will be
reported to the Environment and Climate Committee on 9 Sept 2021 for
retrospective approval.
Planning Strategic
Direction and Focus:
10.16 The focus for the second half of 2021 will
be on:
10.16.1 Work
to confirm the next steps for the Nelson Plan given the central government
resource management reforms.
10.16.2 Progressing
the Dynamic Adaptive Pathways Planning approach for coastal hazards while
awaiting new legislation on climate change and managed retreat;
10.16.3 Draft
Farm Plan regulations that were released in early July 2021 for feedback; and
10.16.4 Responding
to national directions, including those relating to Freshwater.
Resource Consents and
Compliance Updates:
10.17 Resource
consent application numbers for the quarter were the highest of the year with
142 consents received. 105 consents were granted in the quarter, all
non-notified. There were 50 more consents received this year than in the
2019-20 financial year (11% increase). A summary f the consents and compliance
statistics is contained in attachment 3.
10.18 The
Dog Control Activity Report for the 2020-21 year has been produced as required
by Section 10A of the Dog Control Act 1996 and will be publicly notified,
including updating the website, see Attachment 4 for details (A2719763).
Dog related incidents have decreased in the community compared to previous
years, which in part can be attributable to having an effective dog control
service.
10.19 More
noise complaints were responded to this financial year, with 1436 incidents,
compared to 1360 in 2019-20.
10.20 The
freedom camping enforcement was significantly down on the previous year due to
COVID-19 and the closed borders. Enforcement was also down with 4,528
vehicle checks undertaken compared to 10,937 in 2019-20, 118 infringements
issued in 2020-21, compared to 244 in 2019-20, and 426 warnings compared to 684
in 2019-20.
10.21 The
harbourmaster and deputy harbourmaster completed 1,700 safety checks for the
year, a 45% increase from 2019-20. On water patrols or exercises and events
remained steady at 25% of the Harbourmaster and Deputy’s time for the
year. Between January and April, the on-water time increased to 40% over the
summer period.
10.22 Eight
vessels were towed to safety or assisted after mechanical failures, four
swimmers and a kite surfer were assisted back to shore, and a kayaker was
rescued off Pepin Island after they activated their personal locator beacon.
Seven paddle craft and two jet skis were returned to shore due to bad light,
poor conditions or had insufficient safety gear.
Resource Consents and
Compliance Strategic Direction and Focus:
10.23 Officers are participating in special
interest group forums to gain a greater understanding of new legislation and
provide consistency in how new provisions are implemented. The resource
consents team have recruited a new Principal Development Adviser to coordinate
all Council approval processes associated with development and provide a
smoother pathway for customers. A new graduate planner has recently commenced
leaving 2.5 FTEs to recruit.
City Development Update
(Urban Development Sub-Committee Matters):
10.24 The Upper Trafalgar Street multi-function
pole fabrication and catenary lights have been installed. This was
completed in time for the opening of Te Ramaroa (Nelson Lights). There have
been issues with water intrusion into the catenary lighting and the pole light
control box delivery being delayed from the supplier. Staff are working
on rectifying these issues.
10.25 Officers completed the Housing and
Business Capacity Assessment that is required under the National Policy
Statement on Urban Development. The Assessment was due by 31 July 2021 and
includes the Housing Bottom Lines that are to be inserted into Council’s
regional policy statement/district plan. A separate assessment that
covers the urban environment of Nelson-Tasman has also been prepared.
10.26 Officers, in conjunction with the Tasman
District Council, have commenced preparation of a new Future Development
Strategy. The Future Development Strategy needs to meet the requirements of the
National Policy Statement on Urban Development.
10.27 An Urban Design Panel was convened this
quarter to review a potential development proposal. Meanwhile, two of the three
earlier developments reviewed by the Panel in this financial year have now
progressed to resource consent/building consent application stage.
City Development Strategic
Direction and Focus:
10.28 The key strategic focus of the team is to
complete:
10.28.1 Te Ara ō Whakatū (City Centre Spatial
Plan) with a report to Council to approve the draft Plan for public feedback on
26 August 2021;
10.28.2 Establishment of the City Centre Residential
Conversion Fund that was approved through the LTP 2021-31;
10.28.3 Adoption of the vision, principles, and
definitions for the housing reserve by Council;
10.28.4 Collaboration with Kāinga Ora and other developers
and housing providers to explore options to leverage housing supply; and
10.28.5 Officers are continuing to work on implementing
the Intensification Action Plan with a focus on the production of city centre
residential conversion and backyard infill guides during this quarter.
Science and Environment
Updates:
Air
Quality
10.29 Winter
smoke patrols resumed on 29 May, with 28 properties visited up to 30 June as a
result of excessive smoke.
10.30 The
woodburner behaviour change programme this quarter focussed on ‘Getting
Ready for Cooler Weather’, ‘Wood Burner Know-how’,
‘Don’t Burn Treated Wood’, ‘Fire Needs Air’, and
‘Why are Ultra-low Emission Burners Better for Air Quality’.
Healthy
Streams
10.31 Cumulative
rainfall totals across the Nelson region for July 2020 to June 2021 were
between 5% and 17% higher than long term averages. In April the Founders Park
rain gauge recorded 37.1 mm in 30 minutes, this is a 100-year event for 30-min
rainfall duration at this site. (Attachment
5 - A2713286)
10.32 Freshwater
fish and invertebrate diversity in Nelson waterways was investigated by
sampling water for environmental DNA (eDNA). Analysis is underway including
using tools that are specific for identifying threatened short jaw kokopu and
lamprey. The analysis has detected a few surprises: two sites with goldfish; a
harmless freshwater jellyfish; and snapper and kingfish, probably discarded by
shags or fishers. Fish eDNA has also been used to assess fish passage in the
Brook stream open culvert and Waimarama Sanctuary.
10.33 The
image below shows the species detected in the Maitai River near the Maitai
Camp. (A larger copy can be provided.)
10.34 Winter
fish spawning surveys confirmed banded kokopu spawning at Maire stream, which
is now the second urban reserve after Pipers Park where kokopu eggs have been
found in riparian vegetation. These tenacious climbing fish navigate over 1.5km
of stormwater pipe to find refuges.
10.35 Water
quality monitoring in the Maitai reservoir included a research programme investigating
the response of the nuisance diatom Lindavia to seasonal changes in water
temperature, nutrients and water chemistry. Preliminary results indicate that
the diatom and planktonic cyanobacteria are at low levels and low risk.
10.36 Water samples were taken at Paremata Flats as part of a
national pilot study to look at pathogens and sources of faecal bacteria at
recreation bathing sites with different land uses. A 2-page summary of
the pilot is attached (Attachment 6 - A2717558). The project is seeking
Ministry for the Environment funding to expand the study to gather more data
over the next 3 years and include cultural health monitoring.
10.37 Draft
environmental reporting web pages for freshwater quality, freshwater ecology,
toxic algae monitoring, and bathing water quality have been developed as a
trial. Information is shown in a range of formats including summary tables and
heat maps and is presented against national environmental reporting limits and
proposed Nelson Plan targets. There are plans to publish a series of annual,
easily accessible, on-line and interactive State of the Environment reporting
services and tools. Progress on this project will be reported through future
quarterly reports.
10.38 The
second art project for the Poorman Valley Stream Community Engagement Project
was completed at the end of June. Artworks were displayed in time for Matariki,
with people encouraged to walk along the stream between the art works. Six
local schools and kindergartens presented their artworks as part of their
Matariki celebrations. Community artworks were displayed in the Greenmeadows
Centre, Stoke Library and esplanade reserve adjacent to Plumtree Lane. The
project was covered by the media: https://www.stuff.co.nz/environment/125676433/students-public-art-work-focuses-on-neglected-stream
10.39 The
Poorman Valley Stream restoration plan was progressed with weed tree control
undertaken along the esplanade reserve at Marsden Cemetery, and over 3000
plants were planted along the stream at Plumtree Lane at the top of the
catchment and at Nayland College at the bottom of the catchment.
10.40 A
standard suite of erosion and sediment control consent conditions have been
drafted and legally reviewed and are currently being finalised for use by the
consents team. These conditions will provide consistency for developers and
contractors and enable monitoring and compliance to be more easily undertaken.
Nelson Nature
10.41 Five-yearly
monitoring to measure changes in presence of pest plants and animal pests in
the Maitai and Roding Water Reserves and Nelson Halo was completed. Initial
analysis of the data indicates a general decrease in pest presence in areas
where Nelson Nature has focused control efforts since 2015 and little change or
slight increase in areas without control. The data will be analysed more fully
during 2021-2022.
10.42 The
third year of the annual goat and deer control operation in the Maitai and
Roding Water Reserves was completed this year. This year, the operational area
was expanded to include 5,500 ha of the reserves and removed 73 goats and 50
deer. The goal of the programme is to reduce both goat and deer numbers to
effectively zero density within the control area within 5 years to enable
native forests to recover from animal browse and work is on track to achieve
that goal.
10.43 Backyard
predator trapping is also increasing, and a trial selling council-subsidised
rat, stoat and possum traps from the DOC Visitor Centre has seen more than 200
traps purchased by residents to protect wildlife in their backyards from
predators. The subsidised trap scheme will be continued in 2021-22.
10.44 Significant
Natural Areas (SNAs) are sites identified as holding particularly high
biodiversity values and are proposed to be scheduled under the draft Nelson
Plan. Extensive consultation has occurred with the landowners and Nelson Nature
supported 14 private landowners this year to manage threats impacting the
values of their SNAs, particularly vine weeds and possums. Contractors were
engaged to enable landowners to get ahead for sites with heavy weed
infestation, and support for possum control was provision of traps, with the
landowners doing the trapping.
Sustainable
Land Management
10.45 Two
Sustainable Land Management projects led by Council are being delivered through
the Regional Council’s Envirolink fund this year. The first project, to
understand more about Mātauranga Māori in relation to land science,
was completed and delivered through workshops and webinars with Regional
Councils through the Land SIGs (Special Interest Groups).
10.46 The
second Envirolink funded project is to develop guidelines for transitioning
plantation forestry to native forestry, partly in response to demand from small
woodlot owners wanting to transition away from plantation species. Site visits
were completed this quarter and site-specific plans are currently being
developed for a number of iwi-owned forestry sites. The final report for this
work is expected to be delivered by 30 August.
10.47 A
landowner-led Jobs for Nature project to restore riparian and wetland areas on
private land in the Wakapuaka started this year, and Council is supporting with
advice, GIS information and co-funding. The Wakapuaka Mouri Project has secured
funding for five years through the MfE Freshwater Improvement Fund and is being
delivered by Tasman Environmental Trust. The first years funding deliverables
are complete with thousands of plants in the ground and the first phase of pest
and stock proof fencing successfully installed.
Coastal
and Marine
10.48 Council
continues to participate in the Waimea Inlet Coordination group (WICG) to
support the implementation of the Waimea Inlet Strategy and Action Plan,
alongside other statutory agencies and iwi. A report summarising progress of
the Waimea Coordination Group in implementing the Waimea Inlet Action Plan is
attached, including key highlights over the 2020 calendar year (Attachment 7 -
A2711918).
10.49 An Ecological Restoration Plan (ERP) for Whakatu
Drive esplanade reserves has been developed in collaboration with Parks &
Facilities. The Plan will guide future weeding and planting to enhance the
ecology of this fragile coastal area.
10.50 Approximately
2,900 native plants were planted in the coastal margin of Whakatu Drive this
winter, in collaboration with Tasman Environmental Trust’s Waimea Inlet
Restoration Project. Te Uru
Rākau One Billion Trees fund provided $15,000 towards the cost of
plants. Most of the planting was
completed by children from local primary schools. The focus of this
year’s plantings was to enlarge some established plantings, introduce
longer lived tall forest species and extend salt marsh margins.
Biosecurity
10.51 Two
rounds of the Council’s annual dive survey of vessels, piles and pontoon
in the Nelson marina and moorings for Mediterranean fanworm (Sabella
spallanzanii) were completed in June 2021. Three Sabella (2 large (260mm and
522mm) and 1 medium size (150mm)) were found and removed at three sites, all on
pontoons in the marina. A large area and number of vessels were covered by the
survey so to find only three specimens was encouraging.
Environmental
education
10.52 The
Enviroschools programme was busy this quarter: Nayland Kindergarten became a
Green-Gold Enviroschool in June; a successful Bioblitz Adventure event was held
for primary school children (teaching them citizen science skills); and the
Secondary Leadership Hui was held at Bark Bay in collaboration with Project
Janszoon.
10.53 A
number of professional development events were run for teachers this term
covering Adopt a Spot, Bikes in Schools, Active Transport for Kindergartens.
Travel Champion Challenges were run at Nayland Primary School and Victory Square
Kindergarten.
10.54 Nelson
Central School and Auckland Point School completed the Drains to Harbour
Programme.
Heritage
Project Fund
10.55 Eighteen
of the 2020/2021 year’s successful applicants completed their projects.
Three projects came in under budget, one applicant withdrew and three did not
use the funds allocated, resulting in this account being underspent this year.
10.56 Thirty-nine
applications were received for the 2021/2022 year, seeking $393,572 with
$112,042 available. Site visits have been carried out and applicants will be
notified of the outcome shortly.
Sustainable
Building
10.57 The
Government further adjusted the Warmer Kiwi Homes funding model in May, to 80%
EECA funding and 20% local funding. Demand remains strong with this year
shaping up to be a record for the number of homes insulated in the Nelson
region.
10.58 Council
renewed its New Zealand Green Building Council membership. Here is a link to
the benefits of NZGBC
membership
Science and Environment Strategic Direction and Focus:
10.59 In
the 2021/22 year, the Science and Environment team will be analysing the impact
of upcoming widespread change and responding to and futureproofing for that
change. Key focus areas will include:
10.59.1 response
to new national direction;
10.59.2 ongoing
development of the Coastal/Marine programme;
10.59.3 delivery
of council’s Jobs for Nature projects;
10.59.4 supporting resilience
of ecosystems to climate change impacts;
and
10.59.5 improvement in environmental data management and
reporting processes and tools; and collaboration with mana whenua iwi.
Author: Jane
Budge, Principal Adviser Environmental Management
Attachments
Attachment 1: A2725276 -
Quarterly Reporting - 2020-21 - Environment Performance Measures -
10Aug2021.pdf ⇩
Attachment 2: A2692511
- Project Mahitahi Governance Group Report - July 2021 ⇩
Attachment 3: A2700782
- Building and Consents and Compliance statistics - 1 Apr - 30 Jun 2021 ⇩
Attachment 4: A2719763
- NCC Dog control activity report - 2020-21 ⇩
Attachment 5: A2713286
- Cummulative rainfall graphs - 2020/21 ⇩
Attachment 6: A2717558
- Fact sheet: Pilot study for pathogens in water - MFE - March2021 ⇩
Attachment 7: A2711918
- Report to Council Waimea Inlet Coordination Group Updates 2020-2021 ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
Section 10 of LGA 2002 requires local government to
promote the social, economic, environmental and cultural well-being of
communities in the present and for the future. This quarterly report
identifies the performance levels of regulatory and non-regulatory functions
that seek to provide for healthy and safe communities, economic outcomes
(e.g. Jobs 4 Nature) and the well-being of the natural and physical
environments.
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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.
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3. Risk
Increased changes from Central Government have the
potential to impact on work programmes, particularly the Nelson Plan, budgets
and statutory timeframes. In addition, the inability to recruit staff is
placing considerable pressure on delivering for resource consents, building
consents and environmental planning.
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4. Financial
impact
No additional resources have been requested.
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5. Degree
of significance and level of engagement
This matter is of low
significance and no engagement has been undertaken.
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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.
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7. Inclusion
of Māori in the decision making process
No consultation with Māori has been undertaken
regarding this report.
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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
· 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.
As per 5.2.2 of Council’s Delegation Register,
the Chief Executive, Mayor and the Committee Chairperson have confirmed that
the matter be considered by Council due to the COVID-19 Alert Level
constraints.
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