Agenda of Joint Committee of Tasman District and Nelson City Councils

Joint Committee of Tasman District and Nelson City Councils

2 November 2021

Page No.

1. Apologies

An apology has been received from His Worship the Mayor of Tasman Tim King

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 6 July 2021 6 - 10

Document number M18779

Recommendation

That the Joint Committee of Tasman District and Nelson City Councils

1. Confirms the minutes of the meeting of the Joint Committee of Tasman District and Nelson City Councils, held on 6 July 2021, as a true and correct record.

6. Port Nelson Limited - six-monthly strategic presentation

Paul Zealand, Board member, Hugh Morrison, Chief Executive Officer and Daryl Wehner, Chief Financial Officer of Port Nelson will give a six-monthly strategic presentation.

7. Nelson Airport Limited - six-monthly strategic presentation

Paul Steere, Chair, Mark Thompson, Chief Executive Officer and Simon Orr, Corporate Services Manager of Nelson Airport Ltd will give a six-monthly strategic presentation.

8. Tasman Bays Heritage Trust - Six-Monthly Strategic Presentation

Olivia Hall, Chair of the Tasman Bays Heritage Trust, and Lucinda Blackley-Jimson, Chief Executive of the Nelson Provincial Museum, will give a presentation.

9. Future Development Strategy 2022 - Governance structure to oversee the Special Consultative Procedure 11 - 19

Document number R26348

Recommendation

That the Joint Committee of Tasman District and Nelson City Councils

1. Receives the report Future Development Strategy 2022 - Governance structure to oversee the Special Consultative Procedure (R26348) and its attachment (A2772759); and

2. Agrees to appoint a Subcommittee to oversee the Special Consultative Procedure for the draft Future Development Strategy 2022; and

3. Agrees that it would be appropriate for the Subcommittee to have the skills and experience relating to Mātauranga Māori; and

4. Notes that officers will be preparing a report for a meeting with Iwi Chairs seeking their views on the appointment process for up to three Mātauranga Māori representatives to the Subcommittee and that the outcomes of that discussion will be reported back to the next Joint Committee in 2022; and

5. Agrees that the Subcommittee is made up of three Elected Members of each Council; including its Mayor, Deputy Mayor and one other member, and up to three Mātauranga Māori representatives to be decided at the next Joint Committee meeting; and

6. Adopts the draft Terms of Reference for the Subcommittee, as attached (A2772759); and

7. Notes the Subcommittee will cease to exist once the Nelson Tasman Future Development Strategy 2022 is adopted.

Confidential Business

10. Exclusion of the Public

Recommendation

That the Joint Committee

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

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

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Joint Council Controlled Organisations - Matters for Statement of Expectation (Tasman Bays Heritage Trust, Port Nelson, Nelson Airport) 2022-23	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)(b)(i) To protect information where the making available of the information would disclose a trade secret · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Joint Council Controlled Organisations - Matters for Statement of Expectation (Tasman Bays Heritage Trust, Port Nelson, Nelson Airport) 2022-23

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)(b)(i)

To protect information where the making available of the information would disclose a trade secret

· Section 7(2)(i)

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

Joint Committee of Tasman District and Nelson City Councils Minutes - 6 July 2021

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Minutes of a meeting of the

Joint Committee of Tasman District and Nelson City Councils

Te Kōmiti Mahi Tahi

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 6 July 2021, commencing at 10.48a.m.

Present: Her Worship the Mayor of Nelson R Reese (Chairperson), His Worship the Mayor of Tasman T King, Tasman District Councillors S Bryant, C Butler (via Zoom), B Dowler, C Hill (via Zoom), C MacKenzie, D McNamara, D Ogilvie, T Tuffnell, A Turley, T Walker, D Wensley, and Nelson City Councillors Y Bowater, T Brand, M Courtney, J Edgar, K Fulton, M Lawrey, B McGurk, G Noonan, R O'Neill-Stevens, P Rainey, R Sanson and T Skinner

In Attendance: Tasman District Council Chief Executive (J Dowding), Nelson City Council Chief Executive (P Dougherty), Environment and Planning Manager (D Bush- King), Corporate and Governance Services Manager (M Drummond), Community Development Manager (S Edwards), Engineering Services Manager (R Kirby), Group Manager Environmental Management (C Barton), Group Manager Corporate Services (N Harrison), Governance Adviser (J Brandt) and Governance Support (P Boutle)

Apologies : Nelson City Councillor M Courtney, Tasman District Councillors K Maling and M Greening

1. Apologies

Resolved JC/2021/007

That the Joint Committee

1. Receives and accepts the apologies from Nelson City Councillor M Courtney, and Tasman District Councillors M Greening and K Maling for attendance.

Bryant/Her Worship the Mayor Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 16 March 2021

Document number M16495, agenda pages 5 - 9 refer.

Resolved JC/2021/008

That the Joint Committee of Tasman District and Nelson City Councils

1. Confirms the minutes of the meeting of the Joint Committee of Tasman District and Nelson City Councils, held on 16 March 2021, as a true and correct record.

Edgar/Dowler Carried

6. Update on the preparation of a Future Development Strategy for Nelson-Tasman

Document number R25967, agenda pages 10 - 15 refer.

Tasman District Council (TDC) Urban Growth Co-Ordinator, Jacqui Deans, supported by Nelson City Council (NCC) Senior City Development Adviser, Gabrielle Thorpe, presented the report.

Ms Deans noted a correction to the membership for the Mayoral Liaison Group in that it would also include TDC and NCC Deputy Mayors. It was further clarified that for NCC the delegations were such that the role of the planning committee Chair would in fact require attendance of the Chair of the Environment and Climate Committee and the Chair of the Urban Subcommittee.

Ms Deans and Ms Thorpe answered questions about the report.

Elected Members provided the following feedback to officers:

· Include definitions of ‘constraints on development’, and what these may be, in the consultation document.

· Consider how to align population projections in the future, and relevant data sources, for NCC and TDC

· Consider future options for a joint growth model

· Identify and align NCC and TDC assumptions for shared long-term infrastructure planning

· Address the question of housing affordability and sustainability in the appropriate document, noting this may be the action plan related to the FDS.

Attendance: Tasman District Councillor C Hill left the meeting at 11.13a.m. (via Zoom).

Resolved JC/2021/009

That the Joint Committee of Tasman District and Nelson City Councils

1. Receives the report Update on the preparation of a Future Development Strategy for Nelson-Tasman (R25967).

Bryant/Edgar Carried

7. Exclusion of the Public

Resolved JC/2021/010

That the Joint Committee

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

Noonan/Bowater Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Joint Committee Meeting - Confidential Minutes - 16 March 2021	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Joint Committee Meeting - Confidential Minutes - 16 March 2021

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

· Section 7(2)(i)

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

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

The meeting went into confidential session at 11.37a.m. and resumed in public session at 11.39a.m.

The only business transacted in confidential session was to confirm the minutes. In accordance with the Local Government Official Information Meetings Act, no reason for withholding this information from the public exists therefore this business has been recorded in the open minutes.

8. Confirmation of Confidential Minutes

8.1 16 March 2021

Document number M16496, agenda pages 3 - 4 refer.

Resolved JC/2021/011

That the Joint Committee of Tasman District and Nelson City Councils

1. Confirms the minutes of part of the meeting of the Joint Committee of Tasman District and Nelson City Councils, held with the public excluded on 16 March 2021, as a true and correct record.

Ogilvie/Skinner Carried

9. Re-admittance of the Public

Resolved JC/2021/012

That the Council

2. Re-admits the public to the meeting.

Brand/Noonan Carried

There being no further business the meeting ended at 11.39a.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 9: Future Development Strategy 2022 - Governance structure to oversee the Special Consultative Procedure

Joint Committee of Tasman District and Nelson City Councils

2 November 2021

Report Title: Future Development Strategy 2022 - Governance structure to oversee the Special Consultative Procedure

Report Author: Chris Pawson - Senior Analyst Environmental Management

Report Number: R26348

1. Purpose of Report

1.1 To agree to the governance structure to oversee the Special Consultative Procedure for the Future Development Strategy 2022. Specifically whether to appoint a Subcommittee or for the Joint Committee to retain responsibility for the consultation process.

2. Recommendation

That the Joint Committee of Tasman District and Nelson City Councils

1. Receives the report Future Development Strategy 2022 - Governance structure to oversee the Special Consultative Procedure (R26348) and its attachment (A2772759); and

2. Agrees to appoint a Subcommittee to oversee the Special Consultative Procedure for the draft Future Development Strategy 2022; and

3. Agrees that it would be appropriate for the Subcommittee to have the skills and experience relating to Mātauranga Māori; and

6. Adopts the draft Terms of Reference for the Subcommittee, as attached (A2772759); and

7. Notes the Subcommittee will cease to exist once the Nelson Tasman Future Development Strategy 2022 is adopted.

3. Background and Discussion

3.1 The Nelson City Council and Tasman District Council are jointly working on the Nelson Tasman Future Development Strategy (FDS). The FDS is a high-level strategic document that sets out where and how residential and business growth will occur across both regions over the next 30 years. In July 2019 the Councils jointly adopted their first FDS.

3.2 The 2019 FDS was developed under the directives of the Government’s national policy statement of that time, the National Policy Statement on Urban Development Capacity. The Government has since released a new statement, the National Policy Statement on Urban Development (NPSUD).

3.3 The NPSUD means that the Nelson and Tasman Councils:

3.3.1 Are jointly considered a Tier 2 Urban Environment. The Nelson and Tasman Councils have agreed that this includes the areas of Nelson through to Motueka and Wakefield in recognition that these communities are part of the same labour and housing market.

3.3.2 Must jointly prepare a new FDS that meets the objectives of the NPSUD. In future, a refreshed FDS will be required every six years, whilst also reviewing, and potentially updating the FDS at three-yearly intervals.

3.3.3 Must take into account the principles of Te Tiriti o Waitangi in urban development and ensure iwi/Māori are engaged in the planning process of any review or update to an FDS.

3.3.4 Must follow the special consultative procedure (SCP) when consulting with the public on the draft FDS.

3.4 The Joint Committee of Tasman District and Nelson City Councils has the delegation for matters relating to the FDS, including the SCP.

3.5 Council officers and the consultants are on a tight timeframe to deliver the FDS by July 2022 to allow the FDS to feed into the preparation of the Councils’ 2024 Long Term Plans, as required under the NPSUD. To meet this deadline officers are seeking a decision on the makeup of the Committee to oversee the SCP process.

Committee Options

3.6 The Joint Committee has the option to appoint a Subcommittee to oversee the SCP process, or for the whole of the Joint Committee to retain responsibility for this process.

3.7 The SCP will involve:

3.7.1 A decision by the Joint Committee to approve the draft FDS and its related consultation material for public consultation.

3.7.2 Public consultation on the draft FDS. Public consultation will run for one month and one day.

3.7.3 Hearing of submitters. Due to anticipated public interest, hearings may take several days.

3.7.4 Deliberation on the draft FDS and a decision to adopt its final version.

3.8 Officers are recommending a Subcommittee be appointed to oversee the SCP process. Responsibilities would involve the hearing of submitters and deliberations on the draft FDS followed by a recommendation back to the Joint Committee to adopt (or amend) the FDS.

3.9 Appointment of a Subcommittee is provided for under Schedule 7 of the Local Government Act 2020 that sets out Joint Committee matters. The Subcommittee must contain at least two members of the Joint Committee. The Joint Committee is also able to appoint external members to a Subcommittee, where the external members have the skills, attributes, or knowledge that will assist the work of that Subcommittee.

3.10 The advantage of this approach is that it provides increased efficiency for Elected Members amongst a busy work programme as not all Elected Members would need to be involved. Another advantage is that smaller Subcommittee meetings could be held in person instead of via zoom, given the likelihood of hearings expected to span several days. This is also an important consideration in an uncertain COVID19 environment.

3.11 The disadvantage of this approach is that a number of Elected Members would not be involved in the hearings and deliberations process. However, the whole of the Joint Committee will still decide whether to approve the FDS.

3.12 It should be noted, if the Joint Committee wished to amend the FDS at this point it would need to turn its mind to the Councils Significance and Engagement Policies for direction. Noting that significant amendments, for example, the addition of large sites not consulted on, may trigger the need to reconsult and that reconsulting on the FDS would impact its timeframe and budget.

3.13 If the Joint Committee agrees to a subcommittee approach, it is proposed that the Subcommittee be made up of three members from each Council; including the Mayor and Deputy Mayor along with one other Elected Member. It is also proposed that up to three Mātauranga Māori representatives be appointed to the Subcommittee.

3.14 Appointing Mātauranga Māori representatives is proposed as it is consistent with upholding the partnership principles of Te Tiriti O Waitangi (objective 5 of the NPSUD). It would also provide the Subcommittee with the specialist Mātauranga Māori knowledge the NPSUD is seeking to inform the FDS.

3.15 Officers are preparing a report to the Iwi-Council (Nelson City Council) Partnership Group meeting on 1 December 2021 to discuss the option of Mātauranga Māori representation for the FDS. The concept of having this type of representation has been discussed with iwi at a preliminary hui on the FDS in September where it was supported in principle.

3.16 It is also proposed that the quorum be set at five - four Elected Members (no less than two members from each Council), plus one Mātauranga Māori representative.

3.17 A draft Terms of Reference for the Subcommittee is attached for approval at this meeting (A2772759).

3.18 Options available to the Joint Committee are outlined below.

Option 1: Appoint a Subcommittee made up of members of both Councils and representatives with Mātauranga Māori
Advantages	· Efficient for Elected Members given the Joint Committee is made up of 27 members. · Ensures Mātauranga Māori knowledge and input into the FDS. · Likely to enable public hearings to be held in person rather than by zoom. · Easier for the administering Council to administer. · Inclusion of Mātauranga Māori representatives increases diversity of the Subcommittee and enables improved Iwi/Māori participation in the FDS.
Risks and Disadvantages	· Some Elected Members may wish to be more involved. · May involve a higher risk of amendments to the draft FDS by the Joint Committee.
Option 2: A Committee of the whole (all members of the Joint Committee) and representatives with Mātauranga Māori
Advantages	· All Elected members have the same opportunity for input. · Reduces risk of amendments later in the process. · Ensures Mātauranga Māori knowledge and input into the FDS. · Inclusion of Mātauranga Māori representatives increases diversity of the Subcommittee and enables improved Iwi/Māori participation in the FDS.
Risks and Disadvantages	· Time-intensive for Elected Members of the two Councils. · Given the potential for hearings to span several days is likely to involve meetings by zoom instead of in person. · Harder to administer for the administering Council. · Is more time-intensive for officers who would need to seek a decision from each Council (as opposed to the Joint Committee) for representatives with Mātauranga Māori knowledge to be involved.

Important considerations for decision making

4.1 Fit with Purpose of Local Government

The matters in this report support the Nelson and Tasman Council’s work to meet the requirements of the National Policy Statement on Urban Development for FDSs.

4.2 Consistency with Community Outcomes and Council Policy

The Local Government Act 2002 schedule 7 provides for the Joint Committee to appoint a Subcommittee if it so chooses and to make appointments to any Subcommittee of persons who have the skills, attributes, or knowledge that will assist the work of that Subcommittee. It is desirable to have Mātauranga Māori knowledge on the Subcommittee.

The development of the FDS supports the community outcomes:

- 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.

4.3 Risk

There is some risk that if a Subcommittee was appointed to oversee the SCP process that the Joint Committee may wish to make amendments upon the final decision. If the proposed amendments were significant this may trigger the need to re-consult on those amendments and impact the timeframe and budget for the FDS.

4.4 Financial impact

There would be a cost for Mātauranga Māori appointment to the Subcommittee (estimated at $4,000 per representative), however, both Councils have budget for this expense. The Policy on the Appointment and Remuneration of Jointly-Appointed Independent Members on Committees provides for a variation of this type by resolution.

4.5 Degree of significance and level of engagement

This matter is of low significance to the public because it does not materially change the consultation process that follows.

4.6 Climate Impact

This decision does not consider climate impact effects.

4.7 Inclusion of Māori in the decision making process

The concept of having Mātauranga Māori representation has been discussed with iwi at a preliminary hui on the FDS in September where it was supported in principle.

4.8 Delegations

Schedule 7 (30) of the Local Government Act 2002 sets out matters relating to the Power to appoint committees, subcommittees, other subordinate decision-making bodies, and joint committees, including:

- Joint Committees (30A(5)). A joint committee appointed under clause 30(1)(b) is deemed to be both a committee of the appointing local authority and a committee of each other local authority or public body that has appointed members to the committee.

- Delegations (32(3)). A committee or other subordinate decision-making body, community board, or member or officer of the local authority may delegate any of its responsibilities, duties, or powers to a subcommittee or to another committee or subordinate decision-making body, community board, or member or officer of the local authority, but, to avoid all doubt, if doing so is itself a sub-delegation, the power to delegate is subject to any conditions, limitations, or prohibitions imposed in connection with the primary delegation.

- Membership of committees and subcommittees (31(1,2,3,4(a),6(b)).

(1) A local authority may appoint or discharge any member of a committee or a subcommittee.

(2) Unless directed otherwise by the local authority, a committee may appoint or discharge any member of a subcommittee appointed by the committee.

(3) The members of a committee or subcommittee may, but need not be, elected members of the local authority, and a local authority or committee may appoint to a committee or a subcommittee a person who is not a member of the local authority or committee if, in the opinion of the local authority, that person has the skills, attributes, or knowledge that will assist the work of the committee or subcommittee.

(4) Despite subclause (3),-

(a) At least 1 member of a committee must be an elected member of the local authority: and

6) The minimum number of members-

(b) Is 2 for a subcommittee.

The Joint Committee of Tasman District and Nelson City Councils has the following delegations to consider matters relating to Future Development Strategy.

Areas of Responsibility:

· Implementation of the Nelson Tasman Future Development Strategy

Powers to Decide:

· To adopt, approve, review and amend the Nelson Tasman Future Development Strategy and Implementation Plan.

· In matters relating to the Nelson Tasman Future Development Strategy, to undertake community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes.

Powers to Recommend:

· All other matters requiring decision will be recommended to Nelson City and Tasman District Councils subject to an equivalent resolution being adopted by the other Council.

5. Conclusion and Next Steps

5.1 The decision to appoint a Subcommittee will inform the next steps for officers and the FDS project team, in preparing for the SCP that is scheduled for 2022.

5.2 Officers will report back to the Joint Committee in early 2022 on the proposal after discussion with Iwi Chairs for Mātauranga Māori representatives to the Subcommittee.

Authors: Chris Pawson, Senior Analyst Environmental Management Jacqui Deans, Urban Growth Coordinator

Attachments

Attachment 1: A2772759 - Subcommittee draft Terms of Reference ⇩

Joint Committee of Tasman District and Nelson City Councils

Areas of Responsibility:

Powers to Decide:

Powers to Recommend to Councils: