Minutes of a meeting of the Environment and Climate Committee

Te Kōmiti Taiao / Āhuarangi

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Thursday 4 November 2021, commencing at 9.08a.m.

 

Present:             Cr K Fulton (Chairperson), Her Worship the Mayor R Reese, T Brand (via Zoom), M Courtney (Deputy Chairperson) M Lawrey, B McGurk (Deputy Chairperson), R O'Neill-Stevens, R Sanson, T Skinner and Ms G Paine

In Attendance:    Chief Executive (P Dougherty), Group Manager Environmental Management (C Barton), and Governance Advisers (E Stephenson and K McLean)

Apologies :         Councillors Y Bowater, J Edgar, G Noonan and P Rainey, Her Worship the Mayor (lateness on other Council business)

 

 

Karakia and Mihi Timatanga

1.       Apologies

Resolved EC/2021/036

 

That the Environment and Climate Committee

1.       Receives and accepts the apology from Councillors Y Bowater, J Edgar, G Noonan and P Rainey for absence and from Her Worship the Mayor Reese for lateness on other Council business.

Fulton/McGurk                                                                          Carried

2.       Confirmation of Order of Business

Item 7 - The Brook Waimarama Sanctuary Trust Annual Update and Item 8 - Whakamahere Whakatū Nelson Plan Programme Update were considered before Item 6 - Chairperson’s Report.

3.       Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4.       Public Forum

4.1.     Stop the Coal Monster - Ending Coal Use in Nelson/Tasman by 2025 Petition

Dr Aaron Stallard and Dr Joost van Rens, on behalf of Stop the Coal Monster, presented a petition and spoke about ending coal use in Nelson Tasman by 2025. A PowerPoint presentation was provided (A2777841).

Dr Stallard called upon Council to make Nelson coal-free. He highlighted the threat of coal use, and international support for stopping the use of coal.

Attendance: Councillor Skinner entered the meeting at 9.14am.

Dr Stallard and Dr van Rens noted the adverse health effects and environmental impacts of coal use and said that there were two remaining users of coal in Nelson. They asked Council to actively engage and assist them to switch to alternative fuel forms and then to declare Nelson coal free. It was noted that both entities had existing consents to legally discharge to air, and that Council did not have a policy regarding this issue and there was a need to be mindful that the region’s electricity was produced by coal.

The Chairperson suggested that she write a letter to the two entities (in the non-regulatory space) to encourage and support cessation of coal use, and would further discuss this with Group Manager Environmental Management, Clare Barton.

Attachments

1    A2777841 Stop the Coal Monster Presentation

  

5.       Confirmation of Minutes

5.1      29 July 2021

Document number M18832, agenda pages 8 - 12 refer.

Resolved EC/2021/037

 

That the Environment and Climate Committee

1.    Confirms the minutes of the meeting of the Environment and Climate Committee, held on 29 July 2021, as a true and correct record.

Paine/McGurk                                                                           Carried

  

6.       Brook Waimarama Sanctuary Trust Annual Update (Agenda Item 7)

Document number R26007, agenda pages 15 - 68 refer.

Chair of the Brook Waimarama Sanctuary Trust, Ru Collin, was present via Zoom and provided a PowerPoint presentation (A2778313) representing a summary of activity and COVID impacts over August and September. He elaborated on projects and funding and gave an overview of the year, noting the number and age of new volunteers and the Trust’s achievements. He answered questions regarding the Trust’s financial position, staff and volunteer levels, increasing the predator free area, restoration of the ecosystem outside the sanctuary and marketing, and a project to connect sanctuaries in the future, via a possible trail.   

Attendance: Her Worship the Mayor returned toentered the meeting at 10.01am.

Resolved EC/2021/038

 

That the Environment and Climate Committee

1.    Receives the report Brook Waimarama Sanctuary Trust Annual Update (R26007) and its attachment (A2767091).

Fulton/Sanson                                                                          Carried

 

Attachments

1    A2778313 Brook Waimarama Sanctuary Trust Presentation

 

The meeting was adjourned from 10.10am until 10.47am, at which time the Chairperson vacated the Chair and Deputy Chairperson Councillor McGurk assumed the Chair.

 

7.       Whakamahere Whakatū Nelson Plan Programme Update (Agenda Item 8)

Document number R26248, agenda pages 69 - 78 refer.

Manager Environmental Planning, Maxine Day, spoke to the report which was seeking a pause to the work programme. She noted that there were quite a few implications from pausing work on the plan, but that much of the work with stakeholders in developing the plan would be able to be used in the final version. She outlined the financial implications of the impending legislative changes, noting that if Council was to carry on with work on the Nelson Plan and other plans/requirements subsequently arose from new legislation, there would be a financial cost to Council.

Ms Day answered questions regarding Resource Management Act (RMA) reform and implications for housing, staffing resources and uncertainty regarding transition.

Councillor Skinner signalled a possible addition to the recommendation to continue work on air boundary rules and questioned whether the work done to date would be reduced. Group Manager Environmental Management, Clare Barton, responded, noting that if the option to progress housing change was chosen, that other work would pause, however, work undertaken with iwi and coastal hazards would still progress.

Ms Barton and Ms Day answered questions regarding continuation of air quality work, noting the possibility of unintended consequences, and advising against any wholesale changes to air quality standards until the new Government National Environmental Standard on air quality provisions were known.

Ms Day answered questions regarding progress on the Nelson Plan, the status of the Private Plan Change request, long-term residential capacity, and variations to the Nelson Resource Management Plan (NRMP) as a result of the National Policy Statement on Urban Development (NPSUD).

Attendance: Councillor Fulton returned to the meeting at 11.12am.

Ms Barton noted that a decision was required so that officers had clarity to progress their work programme. Discussion took place on whether the final decision should be made at this meeting, or whether the recommendation should go to full Council. The draft NRMP boundary changes were clarified and it was reiterated that officers recommended that no changes be made to air quality provisions before NPS NES air quality changes were known.

It was noted that a procedural motion to change the recommendation to a recommendation to Council was required.

Procedural Motion

Resolved EC/2021/039

 

That the Environment and Climate Committee

1.       Agrees that the Whakamahere Whakatū Nelson Plan Programme Update recommendation be amended to a recommendation to Council.

McGurk/Fulton                                                                          Carried

 


 

Councillor Skinner, seconded by Councillor Courtney, moved the recommendation to Council with an additional clause 2 e) to continue work on the air plan air shed boundary rules.

That the Council

1.   Receives the report Whakamahere Whakatū Nelson Plan Programme Update (R26248); 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.

e)  continuing planning framework for air plan and air shed boundary rules.

Skinner/Courtney

Following advice from Ms Barton reiterating that the addition of clause 2 e) would mean a resourcing issue and could have unintended consequences, and with the agreement of the mover and seconder, the following words were added to clause 2 e) ‘to ensure Council can be responsive to the future National Environmental Standards, subject to resourcing.’

The motion was taken in parts.

Recommendation to Council  EC/2021/040

 

That the Council

1.    Receives the report Whakamahere Whakatū Nelson Plan Programme Update (R26248).

Skinner/Courtney                                                                     Carried

Recommendation to Council EC/2021/041

 

That the Council

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.

Skinner/Courtney                                                                     Carried

Recommendation to Council

 

That the Council

2.    Approves the revised recommended programme, including:

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.

The motion was put and a division was called:

For

Her Worship the Mayor Reese

Cr Brand

Cr Courtney

Cr Skinner

Cr Paine

Against

Cr Fulton (Chairperson)

Cr Lawrey

Cr McGurk

Cr O'Neill-Stevens

Cr Sanson

Absent

Cr Bowater

Cr Edgar

Cr Noonan

 

The vote (on additional clause 2 e) was equal 5 – 5 and was therefore declared lost.

 

Lost

Skinner/Courtney

 

The meeting was adjourned from 12.00pm until 12.04pm, during which time Councillor Sanson left the meeting.

 

Councillor McGurk vacated the Chair and the Chairperson resumed the Chair.

8.       Chairperson's Report (Agenda Item 6)

Document number R26281, agenda pages 13 - 14 refer.

An addendum Chairperson’s report was tabled (A2783584). The Chairperson spoke to her report, highlighting the COP26 summit taking place in Glasgow and the separation of greenhouse gas emission figures from the Tasman District, which she felt was good news for Nelson as its industry emissions were low.

The Chairperson noted her update on the Climate Action Plan, and said that she was seeking support for a Climate Plan layout aligned with the Long Term Plan document and Council’s vision and principles and in partnership with iwi. She felt the Auckland Council Climate Action Plan could be used as an example, and was considering whether a working group could be established to seek feedback from key leaders in Nelson. She advised that her intention was to form a recommendation to set that workstream into action, and was hoping to present this to the 17 November Council meeting.

Resolved EC/2021/042

 

That the Environment and Climate Committee

1.    Receives the report Chairperson's Report (R26281).

 

Fulton/Lawrey                                                                          Carried

Attachments

1    A2783584 Addendum to Chairperson's Report

 

9.       Review of Amended Urban Environments Bylaw and commencement of the special consultative procedure to consult on amendments

Document number R19241, agenda pages 79 - 135 refer.

Manager Environmental Planning, Maxine Day, spoke to the report, noting that a correction had been tabled (A2779685), she answered questions regarding pre-engagement, cat legislation, caravan provisions and sandwich board rules enforcement.

Discussion on cat management followed, and Group Manager Environmental Management, Clare Barton, advised against Council embarking on the issue, as resourcing would be a problem and it was not clear that Council could control this through current legislation.

Several suggestions were made regarding cat management and communication encouraging good cat ownership behaviour.


 

The officer’s recommendation was moved and seconded.

That the Environment and Climate Committee

1. Receives the report Review of Amended Urban Environments Bylaw and commencement of the special consultative procedure to consult on amendments (R19241) and its attachments (A2771727 and A2771728); and

2. Determines that after completing the review, the current Bylaw should be amended and that the Draft Amended Bylaw is the most appropriate way of addressing the perceived problems with the current Bylaw; and

3. Determines that the proposed Urban Environments Bylaw affects freedoms provided by the New Zealand Bill of Rights Act and those limits on freedoms are reasonable and proportional; and

4. Approves the commencement of a special consultative procedure on the Draft Amended Urban Environments Bylaw in Attachment 1 (A2771728) of Report R19241, with the consultation period to run from approximately 8 November to 8 December 2021; and

5. Agrees a summary of the Statement of Proposal Amendments to the Urban Environments Bylaw 2015 is not necessary to enable public understanding of the proposal; and

6. Adopts the Statement of Proposal in Attachment 2 (A2771727) of Report R19241 for use in this special consultative procedure; and

7. Approves the consultation approach set out in section 8.6 of Report R19241 and agrees:

a)     the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b)    the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

Her Worship the Mayor/Skinner

Further discussion on cat management took place and it was requested that the minutes record that officers explore non-regulatory ways to encourage the community to consider good cat ownership. Discussion took place on the suggestion of a letter being written to the governmentGovernment.

The meeting was adjourned from 12.54pm until 1.54pm, during which time, Her Worship the Mayor, Councillor Skinner and Ms Paine left the meeting.

Councillor Lawrey foreshadowed an amendment.

The meeting was adjourned from 1.57pm  until 2.11pm, during which time Councillors Sanson and Rainey joined the meeting via Zoom,  and Councillor Brand left the meeting via Zoom and Her Worship the Mayor left the meeting.

 Ms Barton explained the intention of the additional clause 8 in the amendment, noting that information could be brought back through the quarterly report.

The amendment was moved by Councillor Lawrey, seconded by Councillor O’Neill-Stevens.

 

 

That the Environment and Climate Committee

1.    Receives the report Review of Amended Urban Environments Bylaw and commencement of the special consultative procedure to consult on amendments (R19241) and its attachments (A2771727 and A2771728); and

2.    Determines that after completing the review, the current Bylaw should be amended and that the Draft Amended Bylaw is the most appropriate way of addressing the perceived problems with the current Bylaw; and

3.    Determines that the proposed Urban Environments Bylaw affects freedoms provided by the New Zealand Bill of Rights Act and those limits on freedoms are reasonable and proportional; and

4.    Approves the commencement of a special consultative procedure on the Draft Amended Urban Environments Bylaw in Attachment 1 (A2771728) of Report R19241, with the consultation period to run from approximately 8 November to 8 December 2021; and

5.    Agrees a summary of the Statement of Proposal Amendments to the Urban Environments Bylaw 2015 is not necessary to enable public understanding of the proposal; and

6.    Adopts the Statement of Proposal in Attachment 2 (A2771727) of Report R19241 for use in this special consultative procedure; and

7.    Approves the consultation approach set out in section 8.6 of Report R19241 and agrees:

a)     the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b)    the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation; and

8.    Requests officers:

       a)    Prepare best practice cat ownership guidelines;                   and

       b)    Distribute these cat ownership guidelines,                           particularly to householders around the Halo; and

       c)    Write to the Department of Conservation and the                 Ministry for Primary Industries for advice on the                   status of the recommendation in the New Zealand        Cat Management Strategy discussion paper,                        September 2017.

Lawrey/O'Neill-Stevens                                                               Carried       

 

The amendment was carried and became the substantive motion. The substantive motion was put:.

Resolved EC/2021/043

 

That the Environment and Climate Committee

1.    Receives the report Review of Amended Urban Environments Bylaw and commencement of the special consultative procedure to consult on amendments (R19241) and its attachments (A2771727 and A2771728); and

2.    Determines that after completing the review, the current Bylaw should be amended and that the Draft Amended Bylaw is the most appropriate way of addressing the perceived problems with the current Bylaw; and

3.    Determines that the proposed Urban Environments Bylaw affects freedoms provided by the New Zealand Bill of Rights Act and those limits on freedoms are reasonable and proportional; and

4.    Approves the commencement of a special consultative procedure on the Draft Amended Urban Environments Bylaw in Attachment 1 (A2771728) of Report R19241, with the consultation period to run from approximately 8 November to 8 December 2021; and

5.    Agrees a summary of the Statement of Proposal Amendments to the Urban Environments Bylaw 2015 is not necessary to enable public understanding of the proposal; and

6.    Adopts the Statement of Proposal in Attachment 2 (A2771727) of Report R19241 for use in this special consultative procedure; and

7.    Approves the consultation approach set out in section 8.6 of Report R19241 and agrees:

a)     the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b)    the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation; and

8.    Requests officers:

       a)    Prepare best practice cat ownership guidelines;                  and

       b)    Distribute these cat ownership guidelines,                           particularly to householders around the Halo; and

       c)    Write to the Department of Conservation and the               Ministry for Primary Industries for advice on the                 status of the recommendation in the New Zealand               Cat Management Strategy discussion paper,                        September 2017.

 

Lawrey/O'Neill-Stevens                                                              Carried

Attachments

1    A2779685 - Amendment to the Statement of Proposal - Amendments to the Urban Environments Bylaw 2015

 

1011. Environmental Management Quarterly Report - 1 July-30 September 2021

Document number R26222, agenda pages 192 - 0 refer.

Group Manager Environmental Management, Clare Barton, spoke very briefly to the report, acknowledging the Building Team’s achievement of IANZ accreditation and the work of the team across the board, which was suffering resourcing issues. Ms Barton answered questions regarding assessment of carbon emissions, predator eradication, City Development Manager recruitment and review of the wood burner process.

Resolved EC/2021/044

 

That the Environment and Climate Committee

1.    Receives the report Environmental Management Quarterly Report - 1 July-30 September 2021 (R26222) and its attachments (A2770940, A2754786, A2748758, A2760820, A2760899, A2755600, A2771754).

 

Courtney/Fulton                                                                       Carried

       

The meeting was adjourned at 2.34pm to be reconvened on 9 November 2021 at 10.45am in the Council Chamber.


 

 

 

Minutes of a meeting of the Environment and Climate Committee

Te Kōmiti Taiao / Āhuarangi

Reconvened in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 9 November 2021, commencing at 10.54a.m.

Present:             Cr K Fulton (Chairperson), T Brand (via Zoom), Y Bowater (via Zoom), M Courtney (Deputy Chairperson), B McGurk (Deputy Chairperson), G Noonan (via Zoom), R O'Neill-Stevens, R Sanson, T Skinner and Ms G Paine (via Zoom)

In Attendance:    Group Manager Environmental Management (C Barton), Governance Advisers (E Stephenson and K McLean) and Governance Support Officer (A Bryce-Neumann)

Apologies :         Her Worship the Mayor Reese (on other Council business) and Councillors J Edgar and M Lawrey

 

1112  Apologies

Resolved EC/2021/036

 

That the Environment and Climate Committee

1.    Receives and accepts the apologies from Her Worship the Mayor Reese, on other Council business, and from Councillors J Edgar and M Lawrey.

 

Courtney/McGurk                                                                      Carried

 

1213. Biosecurity Annual Report 2020/21 and Operational Plan 2021/22

Document number R26273, agenda pages 136 - 191 refer.

Environmental Programmes Adviser, Richard Frizzell, spoke to the report, highlighting the significant challenges in 2021, including reduced levels of Tasman District Council (TDC) service, resulting from the passing of TDC’s Biosecurity Officer, Robin van Zoelen. He noted that this had led to Council has engaging engaged its own Biosecurity Officer, Andrew NevilleNevin, who had been in the position since the end of June. and had been able to provide more detail and understanding of biosecurity issues.

Mr Frizzell noted the potential for a change to TDC’s Pest Management Plan, which would come to both councils, and would require establishment of a Joint Pest Management Committee. Mr Frizzell answered questions regarding Taiwan Cherry infestation levels, pest and predator numbers, the Water Celery Trial, Wild Kiwifruit eradication and the wallaby situation.

Attendance: Councillor Skinner entered the meeting at 11.12am.

Questions continued, including weed management, communication to engage the public, consultation with iwi, marine pests and Council’s management of the Marina and biosecurity with a climate change lens.

Resolved EC/2021/037

 

That the Environment and Climate Committee

1.    Receives the report Biosecurity Annual Report 2020/21 and Operational Plan 2021/22 (R26273) and its attachments (A2760681 and A2763427).

 

McGurk/O'Neill-Stevens                                                             Carried

 

Recommendation to Council EC/2021/038

 

That the Council

1.    Approves the Operational Plan 2021/22 for the Tasman-Nelson Regional Pest Management Plan (A2763427 of Report R26273), specifically as it relates to Nelson City Council’s area.

 

McGurk/O'Neill-Stevens                                                             Carried

 


 

 


 

 

1314. Exclusion of the Public

 

Resolved EC/2021/039

 

That the Environment and Climate Committee

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

2.       The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:  

Fulton/Courtney                                                                       Carried

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Harbourmaster function

 

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)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

The meeting went into confidential session at 11.38am and resumed in public session at 11.49am.

 

1415. Restatements

 

It was resolved while the public was excluded:

 

1

CONFIDENTIAL: Harbourmaster function

 

That the Environment and Climate Committee

5.   Agrees that report (R26234), attachments (A2412190   and A2757200) and decision remain confidential at this time.

 

Karakia Whakamutunga

There being no further business the meeting ended at 11.50am.

 

 

Confirmed as a correct record of proceedings by resolution on (date)15 February 2022:

 

Resolved EC/2022/002

 

That the Environment and Climate Committee

1.    Confirms the minutes of the meeting of the Environment        and Climate Committee, held on 4 November 2021, as a        true and correct record.

Courtney/McGurk                                                                      Carried

Resolved EC/2022/003

 

That the Environment and Climate Committee

1.    Confirms the minutes of the meeting of the Environment        and Climate Committee, held on 9 November 2021, as a        true and correct record.

McGurk/Courtney                                                                      Carried

 

 

Resolved