Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Wednesday 17 November 2021, commencing at 9.38a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner
In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne), Governance Adviser (E Stephenson) and Governance Support Officer (A Bryce-Neumann)
Apologies : Councillor Edgar for absence and Councillor Noonan for lateness
Karakia and Mihi Timatanga
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Resolved CL/2021/236 |
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1. Accepts the apologies from Councillor Edgar for absence and from Councillor Noonan for lateness.
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2. Confirmation of Order of Business
The order of business was changed in order to complete business that was timebound and it was noted that the meeting would need to be reconvened to consider the remaining business.
Her Worship the Mayor advised that she would be making an update to the Interests Register regarding her membership of the Three Waters Reform Working Group, and Councillor Sanson noted her involvement with a Biodiversity Restoration project in the Marlborough Sounds, although no conflict existed as this was in relation to public forum and not to decision-making.
4.1. Dr. Murray McClintock - Emissions Trading Scheme and Council’s Financial Obligations
Document number R26409
4.2 Jenny Easton and Barbara Robson - Climate Action Plan
Jenny Easton and Barbara Robson, from Zero Carbon Nelson Tasman, spoke in support of the Climate Action Plan and asked that Council continue to engage with experts, stakeholders and the public.
They supported the officer’s proposal and looked forward to progressing the Action Plan. They noted that climate adaptation was a challenge that required informed public engagment and that Tasman District Council’s (TDC) Climate Action plan had been in place for two years. They felt that this gave Council the opportunity to be a good neighbour and ancestor.
In response to a question, Ms Easton gave the Climate Action Plan a five star rating.
Attendance: Councillor Noonan entered the meeting at 10.05am.
4.3 Mika Hervel - Aotearoa Collective for Public Transport Equity - Free Fares Campaign
Mika Hervel advocated for Council to support the Free Fares Campaign, calling for nationwide free bus fares for tertiary students, Community Services Card Holders and under-25s. He noted that supporting councils would be listed on the Collective’s website and media releases. He said that free fares were critical for transport equality and that another key reason was to reduce emissions. He asked that Council resolve a motion of support for the campaign before the 24 November 2021 closing date for submissions to the Government’s Emissions Reduction Plan.
Mr Hervel answered questions regarding student and school involvement, emissions rates and the response from other Councils, and said that they did not have an estimate of the number of people and cost of the free fares. He confirmed that they were asking for the Government to fund this through its Emissions Reduction Plan.
4.4 Joanna Barbara - Climate Action Plan
Joanna Barbara from Nelson Tasman Climate Forum, asked Council to pass the Climate Action Plan now and to lock in planned periodic (annual) review and revision, as the Action Plan was a flexible living document. She noted the Forum would like to engage with Council and Tasman District Council to align their Action Plans.
Ms Barbara also advocated for Council to sign the Climate Charter at the highest level of engagement that was feasible for Council and that the Forum would happily accept Council’s decision on the matter.
Emma Moran, of DLA Piper, was in attendance via Zoom, to provide legal advice regarding Item 6 - Nelson Tasman Climate Forum - Charter and, accordingly, the following resolution was required to be passed:
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1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that of Emma Moran of DLA Piper remain after the public has been excluded, to provide legal advice on Item 6 - Nelson Tasman Climate Forum that will assist the meeting. |
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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: |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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Nelson Tasman Climate Forum - Charter |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege |
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Code of Conduct - establishment of panel
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Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
The meeting went into confidential session at 10.27am and resumed in public session at 11.03am.
Document number R26396
7. Nelson Tasman Climate Forum – Charter (Agenda Item 6)
Document number R26192, agenda pages 6 - 24 refer.
In response to a request to remove the words ‘one of’ in a sentence in the Charter on agenda page 13 … one of the greatest threats to the living world, Group Manager Strategy and Communication, Nicky McDonald advised that the Charter had already been agreed and signed by others, which meant that there was no ability to change the wording, although she would pass on that feedback.
Councillor McGurk, seconded by Councillor Rainey moved the officer’s recommendation to sign the Charter as a Partner Organisation.
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1. Receives the report Nelson Tasman Climate Forum - Charter (R26192) and its attachments (A2560914, A2771786, A2771833); and 2. Delegates authority to Her Worship the Mayor to sign the Nelson Tasman Climate Forum Charter on behalf of Council as a Partner Organisation.
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Councillor Skinner, seconded by Councillor Brand, moved an amendment for Council to sign the Charter as a Climate Ally.
1. Receives the report Nelson Tasman Climate Forum - Charter (R26192) and its attachments (A2560914, A2771786, A2771833); and
2. Delegates authority to Her Worship the Mayor to sign the Nelson Tasman Climate Forum Charter on behalf of Council as a Climate Ally.
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The amendment was put and a division was called: |
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For Cr Brand Cr Skinner |
Against Cr Bowater Cr Courtney Cr Fulton Cr Lawrey Cr O'Neill-Stevens Cr McGurk Cr Noonan Cr Rainey Cr Sanson Her Worship the Mayor Reese (Chairperson) |
Apology Cr Edgar
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The amendment was lost 2 - 10. |
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Councillor Courtney, seconded by Councillor Fulton, moved a further amendment for Council to sign the Charter as a Signatory.
That the Council
1. Receives the report Nelson Tasman Climate Forum - Charter (R26192) and its attachments (A2560914, A2771786, A2771833); and
2. Delegates authority to Her Worship the Mayor to sign the Nelson Tasman Climate Forum Charter on behalf of Council as a Signatory.
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The amendment was put and a division was called: |
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For Cr Courtney Cr Fulton Cr Lawrey Cr O'Neill-Stevens Cr Rainey Cr Sanson
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Against Cr Bowater Cr Brand Cr McGurk Cr Noonan Cr Skinner Her Worship the Mayor Reese (Chairperson) |
Apology Cr Edgar
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The vote on the amendment was even 6 – 6 and it was therefore declared lost. |
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The meeting returned to the substantive motion.
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1. Receives the report Nelson Tasman Climate Forum - Charter (R26192) and its attachments (A2560914, A2771786, A2771833); and 2. Delegates authority to Her Worship the Mayor to sign the Nelson Tasman Climate Forum Charter on behalf of Council as a Partner Organisation.
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The meeting was adjourned from 11.33am until 11.34am.
8. Adoption of the Climate Action Plan
Document number R26187, agenda pages 45 - 74 refer.
Councillor Fulton’s alternative recommendations were tabled (A2788141).
Group Manager Strategy and Communication, Nicky McDonald, and Climate Change Adaptation Adviser, Daniela Ramirez, presented the report, noting background and next steps in the development of the Draft Climate Action Plan. Ms Ramirez advised that the Action Plan was deliberately succinct and would feature on Council’s website as an accountability mechanism for the community, and would be regularly updated.
Ms McDonald and Ms Ramirez answered questions, including clarification of the level of Nelson’s carbon emissions, noting that Statistics New Zealand, which had previously recorded combined Tasman and Nelson emission levels, had released separated inventories and confirmed that Nelson was now at 6.5 in the table, with much lower emissions.
Questions included comparison to other councils’ Climate Action Plans, feedback and discussions, updating of the living document, consideration of the strategic plan and priorities through the Long Term Plan and schools and students for climate action.
Councillor Fulton foreshadowed that she wanted to move her suite of recommendations, which she had indicated when speaking to her Chairperson’s Report at the 18 November 2021 Environment and Climate Committee meeting.
In response to a question as to whether officers supported Councillor Fulton’s recommendations, Chief Executive, Pat Dougherty, advised that officers were guided by Council resolutions to develop an action plan, then a strategic framework, which was the next stage. He felt that there was a difference of opinion regarding the work that had been done and what the Chair of the Environment and Climate Committee wanted, blurring the two things. He felt that the public wanted to see the plan, and indicated that Councillor Fulton’s suite of recommendations could equate to an 18 month piece of work.
Councillor Fulton, seconded by Councillor Courtney, moved the recommendations in her tabled document (A2788141):
That the Council
1. Receives the report (R26187) and its attachments (A2739648 and A2772355); and
2. Recognises the Climate Action Plan is a living document, and approves Attachment A2739648 as an Interim Climate Plan with the following amendments:
a Foreword from the Chair of the Environment and Climate Committee
b Vision, Purpose, Values and Principles based on co-benefits
c Layout incorporating the following four themes:
· How we live and work,
· How we move,
· How we reduce consumption and waste,
· How we stay healthy, connect to the land and take care of nature; and
3. Agrees that the Mayor, Chair and Deputy Chairs of the Environment and Climate Committee be delegated authority to approve amendments to the Interim Climate Plan and the completed version of the Interim Climate Plan by 1 December 2021; and
4. Establishes a Governance Oversight Group (GOG) consisting of Councillor Fulton (Chair), Climate Change Manager, Councillors McGurk, Courtney and O’Neill-Stevens, iwi, representatives from Nelson Tasman Climate Forum, Businesses for Climate Action, Nelson Regional Development Agency, Nelson Marlborough Health, and Forest and Bird; and
5. Agrees that the delegations of the Governance Oversight Group will be to use the Interim Climate Plan as a starting point, work with staff and consultants to create a Climate Plan by July 2022, which gives consideration to:
a incorporating Te Ao Māori
b being aspirational and ambitious
c co-development and co-design being collaborative. co-creative and strives to reach consensus
d refining qualitative and quantitative measurements to show success
e Vision 2060 Framing Our Future Sustainability Strategy
f Nelson City Council’s Long Term Plan 2021-2031
g Auckland Council's Climate Plan
h United Nation’s Sustainability Goals
i expanding incorporation of localised Good Food Cities objectives (NMH lead)
j expanding incorporation of initiatives which promote sustainable housing solutions
k responses to production/embodied carbon and scope 2 and 3 emissions (Greenhouse Gas Protocol) in more detail
l a just transition, climate justice and well-being in more detail; and
m how we educate, inspire and motivate individual and societal behaviour change; and
8. Agrees that the Terms of Reference for the Governance Oversight Group consistent with 4(a) – (m) above will be brought to the Council meeting on 9 December 2021 for sign off, along with the timeline for the final strategy programme.
Her Worship the Mayor noted that officer advice was needed on the recommendations.
Councillor Fulton spoke briefly to the motion, she felt that there had been confusion regarding progression of the strategic framework, which she would like completed before the end of the triennium via establishment of the proposed Governance Oversight Group.
The meeting was adjourned, to be reconvened at 9.00am on Tuesday 23 November 2021.
Minutes of a meeting of the
Nelson City Council
Te Kaunihera o Whakatū
Reconvened in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 23 November 2021, commencing at 9.08a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner
In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)
Apologies : Councillor Edgar for absence
9. Adoption of the Climate Action Plan (continued)
Prior to the 17 November 2021 meeting being adjourned, Councillor Fulton, seconded by Councillor Courtney, moved the following motion:
That the Council
1. Receives the report (R26187) and its attachments (A2739648 and A2772355); and
2. Recognises the Climate Action Plan is a living document, and approves Attachment A2739648 as an Interim Climate Plan with the following amendments:
a Foreword from the Chair of the Environment and Climate Committee
b Vision, Purpose, Values and Principles based on co-benefits
c Layout incorporating the following four themes:
· How we live and work,
· How we move,
· How we reduce consumption and waste,
· How we stay healthy, connect to the land and take care of nature; and
3. Agrees that the Mayor, Chair and Deputy Chairs of the Environment and Climate Committee be delegated authority to approve amendments to the Interim Climate Plan and the completed version of the Interim Climate Plan by 1 December 2021; and
4. Establishes a Governance Oversight Group (GOG) consisting of Councillor Fulton (Chair), Climate Change Manager, Councillors McGurk, Courtney and O’Neill-Stevens, iwi, representatives from Nelson Tasman Climate Forum, Businesses for Climate Action, Nelson Regional Development Agency, Nelson Marlborough Health, and Forest and Bird; and
5. Agrees that the delegations of the Governance Oversight Group will be to use the Interim Climate Plan as a starting point, work with staff and consultants to create a Climate Plan by July 2022, which gives consideration to:
a incorporating Te Ao Māori
b being aspirational and ambitious
c co-development and co-design being collaborative. co-creative and strives to reach consensus
d refining qualitative and quantitative measurements to show success
e Vision 2060 Framing Our Future Sustainability Strategy
f Nelson City Council’s Long Term Plan 2021-2031
g Auckland Council's Climate Plan
h United Nation’s Sustainability Goals
i expanding incorporation of localised Good Food Cities objectives (NMH lead)
j expanding incorporation of initiatives which promote sustainable housing solutions
k responses to production/embodied carbon and scope 2 and 3 emissions (Greenhouse Gas Protocol) in more detail
l a just transition, climate justice and well-being in more detail; and
m how we educate, inspire and motivate individual and societal behaviour change; and
8. Agrees that the Terms of Reference for the Governance Oversight Group consistent with 4(a) – (m) above will be brought to the Council meeting on 9 December 2021 for sign off, along with the timeline for the final strategy programme.
A response from officers was tabled (A2790147).
Councillor Fulton, tabled a substitute motion, (A2791671).
The meeting was adjourned from 9.13am until 9.20am, during which time Councillor Skinner joined the meeting.
In response to questions, Group Manager Strategy and Communication, Nicky McDonald, confirmed that the substitute motion would mean that the timeframe and structure would change, that officers’ views had not changed and that the timeframes originally suggested were not realistic.
The meeting agreed to consider the substitute motion (A2791671).
That the Council
1. Receives the report (R26187) and its attachments (A2739648 and A2772355); and
2. Adopts Attachment A2739648 to inform the development of an Interim Climate Plan, recognising the Climate Plan will be a living document
3. Establishes a Governance Oversight Group (GOG) consisting of the Cr Fulton (Chair), Cr McGurk, Courtney, and O’Neill-Stevens, supported by the Climate Change Manager, to develop a Climate Plan for adoption by Council using the following process:
a. Agrees initial changes to develop an Interim Climate Plan includes:
i. Addition of Foreword from Chair of Environment and Climate Committee.
ii. Inclusion of Vision, Purpose, Values and Principles
iii. Revised layout incorporating the following four themes i.e. How we live and work, How we move, How we reduce consumption and waste, How we stay healthy, connect to the land, and take care of nature.
b. Notes the Interim Climate Plan Amendments tabled in A2788141 as a document for consideration for the Governance Oversight Group to commence the revision of the Interim Climate Plan.
c. Reports the Interim Climate Plan for adoption to the Environment and Climate Committee by late February/early March 2022
4. Delegates the Governance Oversight Group to use the adopted Interim Climate Plan to advance development of a Draft Action Plan by engaging with iwi and community representatives including Nelson Tasman Climate Forum, Businesses for Climate Action, Nelson Regional Development Agency, Nelson Marlborough Health, and Forest and Bird to:
· Develop a process to incorporate Te Ao Maori.
· Refine qualitative and quantitative measurements
· Recognise Vision 2060 Framing Our Future Sustainability Strategy
· Consider Local Government best practice examples including the Auckland Climate Plan
· Reflect the UN Sustainability Goals
· Incorporate concepts and actions that are reflected in the Long Term Plan including partnership relationships
· Incorporate initiatives which promote sustainable housing solutions
· Develop responses to production/embodied carbon and scope 2 and 3 emissions (Greenhouse Gas Protocol) in more detail
· Advance a just transition, climate justice, well-being outcomes and other co-benefits in more detail
· Demonstrate how we educate, inspire and motivate individual and societal behavioural change
5. Reports the Draft Climate Plan to the Environment and Climate Committee by late July/early August 2022 for adoption as the Climate Plan for 2022/23, including review and reporting dates for updating the plan.
6. Acknowledges that some aspects of the developing the Climate Plan may occur in steps over multiple years
7. Agrees that a Terms of Reference for the Governance Oversight Group will be brought to the Council meeting 9 December, 2021 for approval.
8. Notes that iwi engagement to ensure a Te Ao Maori perspective is incorporated, subject to iwi approval, but may take 12-18 months to achieve incorporation into the Climate Plan.
Ms McDonald noted that iwi would normally expect to have input into purpose, vision, values and principles, which would normally be workshopped. Questions and discussion took place on the motion, including the mechanism for external/public input to the annual review of the plan via the Annual Plan and the Long Term Plan.
The meeting was adjourned from 9.51am until 9.52am.
Discussion took place on changes to the motion, including amending clause 3 c) from February/early March to April 2022 and to amend clause 2 to adopt the Climate Action Plan attached to the agenda report (A2739648).
Councillor Skinner raised a Point of Order against Councillor Fulton for disrespect, in that she was asking questions throughout discussion. The Point of Order was not upheld.
The motion was debated. Councillor O’Neill-Stevens advised that he would be suggesting a compromise to the motion currently being discussed.
The meeting was adjourned from 10.22am until 10.32am.
With the agreement of the mover and seconder and the meeting, the motion currently under debate was substituted.
The motion was taken in parts.
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1. Receives the report (R26187) and its attachments (A2739648 and A2772355); and 2. Adopts the Climate Action Plan (A2739648), recognising it will be a living document.
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That the Council 3. Establishes a Climate Change Governance Oversight Group (CCGOG) consisting of Councillors Fulton (Chairperson), McGurk, Courtney, and O’Neill-Stevens, supported by the Climate Change Manager, to: (a) Support development of the strategic framework for climate change; (b) Support engagement with Iwi and other key partners; (c) Support integration of the strategic framework and action plan; (d) Provide oversight of climate change operational work; and 4. Agrees that a Terms of Reference for the Climate Change Governance Oversight Group (CCGOG) will be brought to the 9 December 2021 Council meeting for approval.
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1 A2788141 - Councillor Fulton's recommendations tabled 17Nov2021 2 A2790147 - Officers' responses to Cr Fulton's tabled recommendations 3 A2791671 - Cr Fulton's substitute motion |
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10. Carbon Credit Potential from Council Indigenous Forests
Document number R26311, agenda pages 25 - 44 refer.
Independent experts Ollie Belton and Peter Gorman were present via Zoom for this item. Climate Change Adaptation Adviser, Daniela Ramirez, tabled amendments to the agenda report (A2791678). Ms Ramirez summarised the amendments and the difference in costs and income.
The meeting was adjourned from 10.53am until 10.59am.
Councillor Sanson, seconded by Councillor O’Neill-Stevens, moved an alternative to the officer’s recommendation
That the Council
1. Receives the report Carbon Credit Potential from Council Native Forests (R26311) and its attachments (A2761326, A2737347); and
2. Agrees to undertake a detailed assessment of all Council land under ownership and management for eligibility in the Emissions Trading Scheme (ETS); and
3. Requests that eligible Council owned and managed land (including exotic forestry) be registered into the Emissions Trading Scheme before 1 July 2022.
Mr Belton and Mr Gorman answered questions on aspects of ETS membership.
Attendance: Councillor Fulton left the meeting at 11.19am
It was noted that a report would be considered at the 1 December 2021 Forestry Subcommittee meeting to give effect to the 24 June 2021 Council resolutions regarding independent review of Council’s commercial forestry.
Questions were answered regarding the cost of registering/deregistering in the ETC.
Attendance: Councillor Fulton returned to the meeting at 11.29am
Discussion took place regarding reaching zero carbon goals, measuring emissions and offsetting to sequester carbon, commercial forestry block management, lost opportunities and viable options.
During debate Councillor Skinner raised a Point of Order against Councillor Sanson for misrepresentation in quoting incorrect figures. The Point of Order was not upheld.
The motion was taken in parts.
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1. Receives the report Carbon Credit Potential from Council Indigenous Forests (R26311) and its attachments (A2761326, A2737347). |
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2. Agrees to undertake a detailed assessment of all Council land under ownership and management for eligibility in the Emissions Trading Scheme (ETS).
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3. Requests that eligible Council owned and managed land (including exotic forestry) be registered into the Emissions Trading Scheme before 1 April 2022.
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11. Recommendation from 4 November 2021 Environment and Climate Committee - Whakamahere Whakatū Nelson Plan Programme Update
Document number R26391, agenda pages 75 - 88 refer.
Manager Environmental Planning, Maxine Day spoke to the report.
Attendance: Councillors Rainey and Lawrey left the meeting at 12.03pm.
Ms Day advised that Tasman District Council had resolved to carry on with its work programme, in order to understand the options, and would pause next year.
The meeting was adjourned from 12.06 pm until 12.13pm.
Councillor Skinner moved an amendment by way of addition, seconded by Councillor Brand
During debate, Councillor Skinner raised a Point of Order against Councillor Lawrey for misrepresentation in that he said that the amendment was to increase the number of wood burners. The Point of Order was upheld.
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Recommendation |
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That the Council 2. e) continuing planning framework for air plan and air shed boundary rules, to ensure Council can be responsive to the future National Environmental Standards, subject to resourcing.
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Skinner/Brand |
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The substantive motion was put.
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1. Receives the report Whakamahere Whakatū Nelson Plan Programme Update (R26248) and its attachment (A2781941); and 2. Approves the revised recommended programme, including: a) pausing work on the Whakamahere Whakatū Nelson Plan, to progress a Housing Choice Plan Change to the Nelson Resource Management Plan; and b) continuing with the freshwater planning framework development; and c) continuing with the Coastal Hazard Dynamic Adaptive Pathways planning programme; and d) considering other priorities for plan changes following the enactment of the Natural and Built Environment Act; and e) continuing planning framework for air plan and air shed boundary rules, to ensure Council can be responsive to the future National Environmental Standards, subject to resourcing.
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Karakia Whakamutunga
There being no further business the meeting ended at 12.28pm.
Restatements
It was resolved while the public was excluded:
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Code of Conduct - establishment of panel |
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That the Council 1. Receives the report Code of Conduct - establishment of panel (R26343); and 2. Confirms that an independent investigator may be selected from the following panel to assess Code of Conduct complaints if required: a. Bruce Robertson b. Neil Taylor c. Peter Chemis d. Susan Hornsby-Geluk Or sought through EquiP Local Government New Zealand -; and 3. Agrees that Report (R26343), and the decision be made publicly available.
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Confirmed as a correct record of proceedings by resolution on 8 December 2021
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Resolved CL/2021/252 |
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That the Council 1. Confirms the minutes of the meeting of the Council, held on 17 November 2021 and reconvened on 23 November 2021, as a true and correct record. |