Minutes of a meeting of the
Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Wednesday 8 December 2021, commencing at 10.33a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, J Edgar (Deputy Mayor) (via Zoom), 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 Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)
Apologies: Councillor K Fulton and Councillor M Courtney for absence and Councillor Bowater for lateness
Karakia and Mihi Timatanga
1. Apologies
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1. Receives and accepts the apologies from Councillor K Fulton and Councillor M Courtney for absence and from Councillor Y Bowater for lateness. |
Attendance: Councillor O'Neill-Stevens entered the meeting at 10.35am.
2. Confirmation of Order of Business
The order of business was fluid, to accommodate external presenters and timebound matters.
Attendance: Councillor Edgar entered the meeting (via Zoom) and Councillor Skinner entered the meeting at 10.37am.
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There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4. Public Forum (via Zoom)
4.1. John Fitchett - Consultation Forms
Document number R26479
4.2. Ekos Kamahi Ltd – Adoption of the Forestry Activity Management Plan
Document number R26487
4.3. Arko Biswas – Digital Interactive Wayfinding Systems for Pedestrian Environments
Document number R26489
The meeting was adjourned from 11.20am until 11.35am. during which time Councillor Bowater joined the meeting.
Her Worship the Mayor advised of a late item for the confidential part of the meeting, and that the following resolution needed to be passed for the item to be considered:
5. Land Purchase - Central City – Late Item
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1. Considers the confidential item regarding Late Item: Land Purchase - Central City at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made. |
6. Confirmation of Minutes (Agenda Item 5)
6.1 28 October 2021
Document number M19037, agenda pages 21 - 36 refer.
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1. Confirms the amended minutes of the meeting of the Council, held on 28 October 2021, as a true and correct record. |
6.2 17 November 2021
Document number M19081, agenda pages 37 - 56 refer.
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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. |
6.3 23 November 2021 - Extraordinary Meeting
Document number M19105, agenda pages 57 - 59 refer.
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1. Confirms the minutes of the extraordinary meeting of the Council, held on 23 November 2021, as a true and correct record. |
7. Confirmation of Minutes 09 September 2021
Document number R26452, agenda pages 60 - 68 refer.
An amendment to the 9 September minutes was noted in that Councillor Edgar was an apology but was also mistakenly recorded as present.
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1. Confirms the amended minutes of the meeting of the Council, held on 09 September 2021, as a true and correct record. |
8. Council Minutes 19 October 2021
Document number R26453, agenda pages 69 - 76 refer.
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1. Confirms the minutes of the meeting of the Council, held on 19 October 2021, as a true and correct record. |
9. Recommendations from Committees (Agenda Item 8)
9.1 Environment and Climate Committee - 4 November 2021
9.1.1 Biosecurity Annual Report 2020/21 & Operational Plan 2021/22
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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. |
9.2 Infrastructure Committee - 18 November 2021
9.2.1 Water Supply Activity Management Plan 2021-31
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1. Adopts the revised Water Supply Activity Management Plan 2021-31 (A2213226). |
8.2.2 Wastewater Activity Management Plan 2021-31
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1. Adopts the revised Wastewater Activity Management Plan 2021-31 (A2758059). |
9.2.3 Stormwater and Flood Protection Activity Management Plan 2021-31
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1. Adopts the revised Stormwater and Flood Protection Activity Management Plan 2021–31 (A2755586). |
9.4 Community and Recreation Committee - 2 December 2021
9.4.1 City For All Ages/He Rautaki Whakatupuranga Strategy
The motion was taken in parts.
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1. Endorses the City For All Ages/He Rautaki Whakatupuranga Strategy as strategic guidance for Council, stakeholders and the community in considering and responding to the opportunities and challenges Nelson’s ageing demographic presents. |
2. Agrees that Council make an application for Nelson to join the World Health Organisation’s Age-Friendly Network. |
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3. Supports the establishment of an Age-Friendly Nelson Implementation Group to monitor, support and report on implementation of the Strategy, operating according to the Terms of Reference attached in A2790587. |
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9.4.2 Cemetery Provision in Nelson and Richmond - Needs Assessment and Draft Implementation Plan
The motion was taken in parts. Councillor Noonan requested that her vote against clause 2 of the motion be recorded.
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1. Confirms that the Council’s preferred option at this time is to further investigate the development of a new joint regional cemetery; and 2. Subject to Tasman District Council passing similar resolutions: a. Approves the draft Joint Regional Cemetery Project Implementation Plan (A2774202); and b. Approves the establishment of a Joint Regional Cemetery Working Group to oversee the Regional Cemetery Project Implementation Plan; and c. Approves the terms of reference for the Joint Regional Cemetery Working Group (A2774204); and d. Delegates authority for any minor amendments to the terms of reference for the Joint Regional Cemetery Working Group (A2774204) and the Joint Regional Cemetery Project Implementation Plan (A2774202) to the Chair of the Community and Recreation Committee and the Group Manager Community Services in conjunction with their counterparts at Tasman District Council; and e. Appoints the Chair and a Deputy Chair of the Community and Recreation Committee to the Joint Regional Cemetery Working Group; and f. Recommends an iwi representative is invited to the Joint Regional Cemetery Working Group via a request to the Iwi-Council Partnership Group. |
3. Notes that a final decision on proceeding with a regional cemetery will be made by the two Councils following the endorsement of a business case by the Joint Regional Cemetery Working Group. |
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9.5 Strategic Development and Property Subcommittee - 3 December 2021
9.5.1 Contingent Loan Facility - Tahuna Beach Camp Inc.
In response to a question, Group Manager Corporate Services, Nikki Harrison, clarified that the emergency contingent loan facility was to allow Tahuna Beach Camp Inc. confidence in its capital expenditure programme. It was noted that, at its meeting, the Subcommittee had made a change to the date from 2022, to 2023.
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1. Approves an emergency contingent loan facility of up to $500,000 to be available to Tahuna Beach Camp Inc., if required due to COVID-19 impacts prior to 28 February 2023. |
9.5.2 Nelson Marina s17A Governance Review
The addition of clause 2 to the Subcommittee’s recommendation was noted.
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1. Approves the recommendation of a Council Controlled Organisation that manages the Marina as the preferred governance model for Nelson Marina; and 2. Notes that the Chair Strategic Development and Property Subcommittee and the Group Manager Community Services will review and approve the consultation documentation before it is released to the community; and 3. Approves undertaking consultation on the proposal to establish a Council Controlled Organisation as per Section 56 of the Local Government Act; and 4. Notes that undertaking consultation on a proposal to establish a Council Controlled Organisation would require additional unbudgeted expense to a maximum of $65,000 in addition to current budget ($40,000), to formulate the required documentation and reviews for the new Council Controlled Organisation; and 5. Approves funds, if required for undertaking consultation, to be sourced from the Marina closed account. |
9.6 Regional Transport Committee - 6 December 2021
9.6.1 Variation to Regional Land Transport Plan - Rocks Road Walking and Cycling Pre-Implementation
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1. Approves that the Nelson Regional Land Transport Programme 2021-31 is varied to include a total of $6.5M for “Pre-implementation Phase” for the SH6 Rocks Road Walking and Cycling facility spread over the 2021-24 financial years. |
10. Status Report - Council - 9 December 2021
Document number R26436, agenda pages 88 - 113 refer.
Questions were answered regarding matters included in the status report.
Councillors Sanson, Lawrey and O’Neill-Stevens requested that the minutes record their concerns regarding the possibility of a conflict of interest relating to the independent forestry review being undertaken by the current forestry manager, particularly in light of Sean Weaver’s earlier public forum presentation.
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1. Receives the report Status Report - Council - 9 December 2021 (R26436) and its attachment (A1168168). |
11. Property and Facilities Activity Management Plan 2021-31
Document number R26364, agenda pages 114 - 125 refer.
Parks and Facilities Activity Planner, Jane Loughnan, accompanied by Manager Parks and Facilities, Rosie Bartlett, presented the report. Ms Loughnan clarified the addition to recommendation clause 3 to enable Her Worship the Mayor to approve minor changes to the Activity Management Plan (AMP), as the AMP covered matters across the delegations of several committees. She answered questions on the AMP regarding minor amendments, earthquake prone buildings, performance measures and levels of service and the frequency of AMP reviews.
Councillor Noonan requested that the minutes note that Kinzett Terrace was still across the delegations of two committees and requested that, for clarity, staff investigate the reason it was purchased and where it should sit.
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1. Receives the report Property and Facilities Activity Management Plan 2021-31 (R26364) and its attachment (A2443568); and 2. Adopts the Property and Facilities Activity Management Plan 2021-31 (A2511502) |
12. Infrastructure Acceleration Fund: Request for Proposals (Agenda Item 14)
Document number R26340, agenda pages 152 - 178 refer.
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1. Receives the report Infrastructure Acceleration Fund: Request for Proposals (R26340) and its attachments (A2772290 and A2797854); and 2. Notes that officers will be progressing the Requests for Proposal of the following projects, noting that this in no way fetters any future Council decision making in relation to the proposals, including in its regulatory capacity: a. Achilles Avenue/Rutherford Street Affordable Housing development; b. Solitaire Investments Limited/Marsden Park Limited (Marsden Valley); c. Wakatū Incorporation (Horoirangi); and 3. Notes that the Maitai Development Co “Mahitahi” (Kaka Valley) developer has deemed that there are other options that better suit their goals and vision for this development which they are actively pursuing instead of the Infrastructure Acceleration Fund; and 4. Notes the priority ratings allocated to the developments, as required by Kāinga Ora, as part of the Request for Proposal submission process, namely: a. Priority 1 - Achilles Avenue/Rutherford Street Affordable Housing development; b. Priority 2 - Solitaire Investments/Marsden Park Limited (Marsden Valley); c. Priority 3 - Wakatū Incorporation (Horoirangi); and 5. Notes that a further report will be brought to Council once Kāinga Ora has decided which, if any, of Council’s Request for Proposals are successfully through to the negotiation stage, detailing: a. The required level of Council investment in infrastructure to support each qualifying development; and b. Whether or not this funding is included in the Long-Term Plan 2021-31 and which year(s); and c. The impact of prioritising any capital projects that support qualifying development on the phasing of other capital projects within the Long-Term Plan 2021-31 work programme; d. Any developers’ agreements required to progress the negotiations; and e. The capacity of Council to deliver multiple additional infrastructure projects within the required timeframe.
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The meeting was adjourned from 12.40pm until 1.30pm. at which time, Councillors Brand, Noonan, Rainey and Skinner were not present.
13. 2021 Revaluation Presentation - Quotable Value
Document number R26246
Attendance: Councillor Skinner returned to the meeting at 1.35pm, Councillor Brand at 1.37pm, and Councillor Rainey at 1.38pm.
14. Three Waters Reform Update and submission on Three Waters Economic Regulator discussion document (Agenda Item 15)
Document number R26389, agenda pages 179 - 188 refer.
An updated copy of the draft submission was tabled (A2786027).
Policy Adviser, Gareth Power Gordon, presented the report and answered questions on the submission regarding the government’s acknowledgment of the concerns regarding communications on the matter to-date, stakeholders, opportunities to inform Council’s submission, the limited timeline for public engagement and the choice of who would provide the economic regulator service.
During questions, it was agreed that the response to question 22 in the submission would be amended to include that consideration be given to the development of a Consumer Charter and that the submission ask that the levy system be publicly consulted on beforehand.
Further questions included when agreement on the need for an economic regulator was reached, community engagement and the Select Committee process. It was clarified that the submission was based on public engagement earlier in the year when feedback was provided to the Minister.
It was reiterated that staff had not started drafting a submission on the Water Service Entity Bill, as they had not yet received a copy of the Bill or undertaken public consultation to determine what the submission was likely to include.
Councillor Brand advised of an alternative model she was considering proposing. Her Worship the Mayor suggested that Councillor Brand respond to the email from LGNZ to send her thoughts through to the Working Group and noted that she was also able to bring back her views when Council decided on its submission to Select Committee.
The inclusion of Council’s preference for a three yearly review of prices, rather than five yearly, in response to question 12 of the submission and in the public survey was suggested.
Attendance: Councillor Noonan returned to the meeting at 2.46pm.
The motion was taken in parts.
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1. Receives the report Three Waters Reform Update and submission on Three Waters Economic Regulator discussion document (R26389) and its attachments (A2788174, A2786106, A2786027). |
2. Approves the draft Council submission (A2786027) to the Ministry of Business, Innovation and Employment on the Economic Regulation and Consumer Protection for Three Waters Services in New Zealand; and 3. Agrees that the Mayor, Infrastructure Committee Chair and Chief Executive be delegated authority to approve minor editorial amendments to the Council submission (A2786027); and 4. Notes the Government will introduce legislation to Parliament where Council and the public will have the opportunity to submit on the Water Services Entities Bill and subsequently the Water Services Entities (Implementation Bill). |
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5. Agrees to community engagement to be undertaken prior to Council submitting on the draft legislation as detailed in Report R26389; and 6. Notes a submission on the Water Services Entities Bill will be prepared once the Bill is introduced to Parliament and will be brought back to Council for approval including community feedback; and 7. Notes that the Chief Executive will report back once staff have received further information and guidance from the Government on the next steps and how these should be managed. |
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1 A2786027 - Draft Three Waters Economic Regulation Submission |
15. Deliberations on public feedback to Te Ara ō Whakatū - Nelson City Centre Spatial Plan (Agenda Item 12)
Document number R26331, agenda pages 126 - 151 refer.
Two documents were tabled, Changes made to Te Ara o Whakatuū CCSP (A2802298) and Pages from Te Ara o Whakatū Document Revisions for final version (A2802316).
Programme Lead City Development, Alan Gray, presented the report, noting that Shape Nelson information would be updated after the meeting to clarify two opposing submissions and to include one opposing submission that had been omitted.
Mr Gray noted two minor alterations and answered questions regarding the sharing of submissions into other Council workstreams, Fire and Emergency New Zealand concerns regarding traffic slowing, the work programme, the robustness of the engagement and validity of feedback and future reporting.
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1. Receives the report Deliberations on public feedback to Te Ara ō Whakatū - Nelson City Centre Spatial Plan (R26331) and attachments: (A2786233, A2783462, A2780828 and A2787576); and 2. Accepts the following late feedback (A2780828) on Te Ara ō Whakatū – Nelson City Centre Spatial Plan: · JR Elkington and Trevor duFeu; and 3. Adopts the updated Te Ara ō Whakatū – Nelson City Centre Spatial Plan (A2786233); and 4. Agrees that the Mayor, Chair of Urban Development Subcommittee and Group Manager Environmental Management be delegated to approve any minor editorial changes; and 5. Recommends officers create an implementation plan for the first phase of delivery over the next 10 years and bring that back to Council; and 6. Notes the adoption of Te Ara ō Whakatū – Nelson City Centre Spatial Plan is a strategy that builds on and updates previous city centre strategies e.g., Heart of Nelson. |
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1 A2802298 - Changes made to Te Ara o Whakatū CCSP 2 A2802316 - Pages from Te Ara o Whakatū Revisions for final version |
16. Exclusion of the Public
The external attendees listed below, were in attendance for items of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed:
Recommendation |
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That the Council 1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that a. James Winchester of Simpson Grierson and Jennifer Rose of Beca, remain after the public has been excluded, for Item 3 of the Confidential Agenda (Recommendations from Committees – Confidential - Strategic Development & Property Committee 3 December 2021 – Maitai Valley Motor Camp Options), as they have knowledge relating to the item that will assist the meeting; and b. Nick Clarke of Habitat for Humanity remain after the public has been excluded, for Item 5 of the Confidential agenda (Housing Reserve Phase One Applications), as he has knowledge relating to the item that will assist the meeting; and c. Meg Matthews, Fiona Wilson, Toni Power and Tracee Neilson from Nelson Regional Development Agency remain after the public has been excluded, for Item 6 of the Confidential agenda (Future of Nelson iSITE within Millers Acre), as they have knowledge relating to the Nelson Regional Development Agency that will assist the meeting; and d. Jane Sheard and Lindsay Coll of Nelmac remain after the public has been excluded, for Item 7 of the Confidential agenda (Nelmac 6 monthly strategic presentation), as they have knowledge relating to Nelmac that will assist the meeting; and d. John Murray, Sam Cottier, Lisa Current and Nick Wilson remain after the public has been excluded, for Item 10 of the Confidential agenda (Central Library Project - Land Exchange Negotiating Brief), as they have knowledge relating to the project that will assist the meeting. |
Exclusion of the Public |
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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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5 |
Housing Reserve Phase One Applications
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
10 |
Central Library Project – Land Exchange Negotiating Brief
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
11 |
Land Purchase - Central City (Late Item)
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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 · 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) |
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Council Meeting - Confidential Minutes - 28 October 2021 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · 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) |
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Council Meeting - Confidential Minutes - 17 November 2021 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(g) To maintain legal professional privilege |
The meeting went into confidential session at 3.17pm and resumed in public session at 4.23pm, at which time the meeting was adjourned until Thursday 9 December 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 Thursday 9 December 2021, at 9.12a.m.
Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, J Edgar (Deputy Mayor), 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 Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance and Governance Adviser (E Stephenson)
Apologies: Councillor K Fulton and Councillor M Courtney for absence
17. Mayor's Report (Agenda Item 9)
Document number R26350, agenda pages 77 - 87 refer.
Her Worship the Mayor spoke briefly to her report, noting that one appeal to the Representation Review had been received, which meant that the matter would now be considered by the Local Government Commission. She noted the addition of clause 3 to the recommendations.
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1. Receives the report (R26493) and its attachment (A2798220); and 2. Approves Councillor Brian McGurk as the third Nelson City Council elected member on the Joint Committee subcommittee to hear and deliberate on the draft Future Development Strategy; and 3. Delegates the Mayor and Deputy Mayor the authority to appoint alternative elected members to the Joint Committee subcommittee to hear and deliberate on the draft Future Development Strategy should the nominated members be unavailable. 4. Notes that Joint Committee will confirm appointments on the subcommittee to hear and deliberate on the draft Future Development Strategy at its first meeting in 2022. |
18. Residents' Survey 2020/21 (Agenda Item 17)
Document number R26030, agenda pages 203 - 207 refer.
Policy Advisor, Louis Dalzell, answered questions regarding the results of the Residents’ Survey, trends for other Councils, and COVID-19 as a contributing factor.
An additional clause 3 d) was added to the recommendation: Communicating decisions, actions and information in a clear and prompt manner.
Group Manager Strategy and Communication, Nicky McDonald, answered questions regarding Our Nelson advertising and an advertising/media policy. Some concerns were raised regarding the possibility of perceived bias, complaints and freedom of speech.
Discussion took place on the relevancy of the survey questions, Mr Dalzell advised that to maintain benchmark trends, the questions would need to be kept, however officers could continue to refine them and this was being looked at via the Te Tauihu Intergenerational Strategy.
Further discussion took place on advertising, Elected Member input to a media policy and a wider communication methodology. A suggestion was made that it would be beneficial to undertake the survey prior to implementing any advertising changes and that a broader way of collecting data over a more sustained period, giving real time feedback would be valuable.
A request was made for the addition of a clause to the recommendation to reflect that Council was taking ownership of its failures and public dissatisfaction.
Councillor Lawrey, seconded by Councillor Sanson moved the officer’s recommendation, with the additional clause 3 d).
That the Council
1. Receives the report Residents' Survey 2020/21 (R26030) and its attachment (A2724461); and
2. Notes that the Residents’ Survey 2020/21 will be made available to the public on the Council website; and
3. Notes the three focus areas for improvement in response to the Residents’ Survey results are:
a. Managing expectations by clearly explaining Council priorities and expenditure; and
b. Improving clarity on decision making and how community feedback contributes; and
c. Telling our story positively and consistently; and
d. Communicating decisions, actions and information in a clear and prompt manner.
The meeting was adjourned from 9.54am until 10.07am.
As the mover and seconder of the motion did not agree with the addition of a clause to take ownership of the survey results because they were of the opinion that Council did that all of the time, Councillor Skinner, seconded by Councillor Brand moved an amendment by way of addition
Manager Communications, Kim Grade, answered questions regarding improving Council’s social media engagement, noting that Council’s website was key but officers needed to look at other digital methods. It was clarified that the intention was that no work on advertising would take place on the media/advertising policy until the survey had been undertaken. Ms Grade confirmed that she would follow up with Council’s Engagement Manager regarding use of an engagement spectrum and levels of significance.
4. Notes that Council recognises a diversity of views and takes ownership of the survey results.
The amendment was put and a division was called: |
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For Cr Bowater Cr Brand Cr Edgar Cr Lawrey Cr O'Neill-Stevens Cr McGurk Cr Noonan Cr Sanson Cr Skinner Her Worship the Mayor Reese (Chairperson) |
Against Cr Rainey |
Apology Cr Courtney Cr Fulton
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The amendment was carried 10 - 1. Skinner/Brand |
The amendment became part of the substantive motion. During debate on the substantive motion, and with the agreement of the mover and seconder, an additional clause was added to the motion to note that no work would be undertaken on the introduction of advertising in Our Nelson until the survey had been undertaken.
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1. Receives the report Residents' Survey 2020/21 (R26030) and its attachment (A2724461); and 2. Notes that the Residents’ Survey 2020/21 will be made available to the public on the Council website; and 3. Notes that Council wishes to lift the Residents Survey results; and 4. Notes that Council recognises a diversity of views and takes ownership of the survey results 5. Notes the three four focus areas for improvement in response to the Residents’ Survey results are: a. Managing expectations by clearly explaining Council priorities and expenditure; and b. Improving clarity on decision making and how community feedback contributes; and c. Telling our story positively and consistently; and d. Communicating decisions, actions and information in a clear and prompt manner. 6. Notes that staff will undertake a survey on Council’s communication channels and their reach; and 7. Further notes that there will be no progress on the introduction of advertising in Our Nelson until the communications channel survey results have been assessed and reported back to Council. |
The meeting was adjourned from 10.34am until 10.51am.
19. Schedule of meetings 2022 (Agenda Item 18)
Document number R26393, agenda pages 208 - 210 refer.
Manager Governance and Support Services, Devorah Nicuarta-Smith, presented the report, noting the following amendments to the schedule:
· the addition of the Councillor liaison roles dates
· Saxton Field Committee meetings would move to Fridays
· officers were continuing to liaise with Tasman District Council regarding the Future Development Strategy (FDS) project timeline of meetings and workshops
· the schedule would be adjusted so that there was no workshop time from approximately three months prior to the elections, with the exception of the 12 July 2022, FDS workshop
· the default was to avoid Wednesdays for workshop time whenever possible
· Annual Plan workshop time had been removed.
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1. Receives the report Schedule of meetings 2022 (R26393) and its attachment (A2760389); and 2. Adopts the amended schedule of meetings for the 2022 calendar year as set out in Attachment 1 (A2760389).
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20. Climate Change Oversight Governance Group Terms of Reference (Agenda Item 19)
Document number R26455, agenda pages 212 - 216 refer.
It was noted that the report contained an incorrect reference for the Terms of Reference for the Climate Change Oversight Governance Group, the correct number being (A2793754).
Group Manager Strategy and Communications, Nicky McDonald, answered questions regarding mechanisms for reporting back on the work of the Governance Group, noting that anything that needed to be reported to a committee would flow through the correct channels
A request was made to amend the word ‘issues’ on agenda page 214 paragraph 6 in the Terms of Reference – Powers to recommend – to ‘matters’
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1. Receives the report Climate Change Oversight Governance Group Terms of Reference (R26455) and its attachment (A2793754); and 2. Approves the amended Terms of Reference for the Climate Change Oversight Governance Group (A2793754). |
21. Approval of submission on the Government's Emissions Reduction Plan (Agenda Item 20)
Document number R26441, agenda pages 217 - 274 refer.
Climate Change Adaptation Adviser, Daniela Ramirez, answered questions regarding engagement with Elected Members and the process for writing the submission.
Councillor O’Neill-Stevens, seconded by Councillor Sanson, moved a motion to suspend Standing Orders relating to a lost Notice of Motion, to allow a matter already decided to be redebated, which would require a 75% majority.
The motion was lost.
Suspension of Standing Orders |
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1. Suspends Standing Orders relating to a lost notice of motion. |
Ms Ramirez noted that she would come back to the Elected Members with responses to questions on pages 222 and 223 of the agenda report.
The item was left on the table until later in the meeting.
22. Nelson Arts Strategy - Establishment of Working Group (Agenda Item 21)
Document number R26272, agenda pages 275 - 282 refer.
It was noted that this matter was being considered by Council as it was a cross-committee matter.
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1. Receives the report Nelson Arts Strategy - Establishment of Working Group (R26272) and its attachment (A2752080); and 2. Establishes an Arts Strategy Working Group with the following membership: 1. Deputy Mayor Judene Edgar 2. Chair of Community and Recreation – Councillor Tim Skinner 3. Councillor Pete Rainey; and 3. Approves the Terms of Reference (A2752080) for the Arts Strategy Working Group. |
23. Events Strategy implementation update - Financial Year 2020-21 (Agenda Item 22)
Document number R26330, agenda pages 283 - 294 refer.
An updated diagram 1 was tabled (A2802667).
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1. Receives the report Events Strategy implementation update - Financial Year 2020-21 (R26330) and its attachments (A2776994 and A2768099); and 2. Approves an amendment to the Nelson City Events Strategy to require annual reporting by the Events Development Committee on implementation of the Strategy. |
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1 A2802667 - Updated diagram 1 - Events Strategy Implementation |
The meeting was adjourned from 11.22am until 11.35am.
24. Recommendations from Committee - Forestry Subcommittee - 1 December 2021 (Agenda Item 8.3 revisited)
Forestry Activity Management Plan 2021-31
Councillor Sanson, seconded by Councillor O’Neill-Stevens, moved an alternative to the Subcommittee’s recommendation.
That Council
1) Notes the High Level Forestry Review work planned for 2021/2022; and
2) Directs the Forestry Subcommittee to defer planting pinus radiata on Council owned and managed land, until Full Council makes a decision on any recommendations in the Forestry Review report; and
3) Adopts the revised Forestry Activity Management Plan 2021-31 (A2072414); and
4) Notes this Activity Management Plan is a living document and that the Forestry management plan may change depending on the outcome from the Forestry Review.
The meeting was adjourned from 11.40am until 11.49am.
Item 8.3.1 was left on the table as the relevant officers were not yet present via Zoom.
25. Approval of submission on the Government's Emissions Reduction Plan (Agenda Item 20 revisited)
Document number R26441, agenda pages 217 - 274 refer.
Climate Change Adaptation Adviser, Daniela Ramirez, provided answers to previous questions on agenda pages 222 and 223, in that ‘frontier firm’ was a term used in productivity commission reports regarding firms that were most productive in their industry and that a national behavioural change local expertise programme was already underway.
The item was left on the table until later in the meeting.
26. Recommendations from Committee - Forestry Subcommittee - 1 December 2021 – (Agenda Item 8.3 revisited)
Forestry Activity Management Plan 2021-31
Councillor Sanson, seconded by Councillor O’Neill-Stevens, had previously moved:
That Council
1) Notes the High Level Forestry Review work planned for 2021/2022; and
2) Directs the Forestry Subcommittee to defer planting pinus radiata on Council owned and managed land, until Full Council makes a decision on any recommendations in the Forestry Review report; and
3) Adopts the revised Forestry Activity Management Plan 2021-31 (A2072414); and
4) Notes this Activity Management Plan is a living document and that the Forestry management plan may change depending on the outcome from the Forestry Review.
Group Manager Infrastructure, Alec Louverdis, Manager Legal Services, Fiona McLeod, and independent forestry experts, Lochie Grant, LandVision, Peter Gorman and Sam Nuske, PF Olsen, were present to answer questions.
Ms McLeod confirmed the legal principle that once Council had delegated the power to make a decision, it could not then amend that decision, in this case the Forestry Subcommittee (FSC) had already made a decision to adopt a harvesting plan under delegated authority, and Council was not now able to seek to amend that decision, and Council’s Standing Orders were based on clause 30 of the Local Government Act.
Mr Louverdis advised that harvesting plans were based on harvesting and planting, the two stood together.
John Murray, Chairperson of the FSC was invited to take part in discussion.
Following further discussion, questions and advice regarding forestry management/review and the risk of delaying harvesting or replanting, the mover and seconder proposed a change to clause 2 of the motion to amend the Forestry Activity Management Plan 2021-31:
That Council
1) Notes the High Level Forestry Review work planned for 2021/2022; and
2) Amends the Forestry Activity Management Plan 2021-31 to defer planting pinus radiata on Council owned and managed land, until Full Council makes a decision on any recommendations in the Forestry Review report; and
3) Adopts the revised Forestry Activity Management Plan 2021-31 (A2072414); and
4) Notes this AMP is a living document and that the Forestry management plan may change depending on the outcome from the Forestry Review.
During debate, the following Points of Order were raised:
· Councillor Skinner against Councillor Sanson for misrepresentation, in that she had used incorrect figures in her debate, Councillor Sanson noted that the figures she had used were taken directly from the Forestry Activity Management Plan, Mr Murray clarified there was confusion in the returns to Council from forestry, which was not a CCTO and did not pay a dividend, and Councillor Sanson rephrased her comments
· Councillor Rainey against Her Worship the Mayor for misrepresentation regarding slope stabilisation. The Point of Order was not upheld as the Mayor noted that this was the advice of experts.
The motion was put and a division was called: |
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For Cr Lawrey Cr O'Neill-Stevens Cr Rainey Cr Sanson |
Against Cr Bowater Cr Brand Cr Edgar Cr McGurk Cr Noonan Cr Skinner Her Worship the Mayor Reese (Chairperson) |
Apology Cr Courtney Cr Fulton
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The motion was lost 4 - 7. |
In order to progress the matter, the meeting returned to the officer’s recommendation.
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1. Adopts the revised Forestry Activity Management Plan 2021-31 (A2072414). |
27. Exclusion of the Public
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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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6 |
Future of the Nelson iSITE within Millers Acre
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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)(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) |
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The meeting went into confidential session at 12.56pm and resumed in public session at 1.23pm.
28. Nelson Regional Development Agency Presentation to Council (Agenda Item 23)
Document number R26338
29. Exclusion of the Public
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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: |
Item |
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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5 |
Housing Reserve Phase One Applications
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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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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4 |
Council Status Report - Confidential
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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 · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
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7 |
Nelmac 6 monthly strategic presentation
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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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities |
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8 |
Nelmac Limited - Statement of Expectation 2022/23
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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)(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) |
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9 |
Nelson Regional Sewerage Business Unit (NRSBU) independent member appointment
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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 |
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3 |
Recommendations from Committees - Confidential Strategic Development & Property Committee 3 December 2021 Maitai Valley Motor Camp Options |
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
· Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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The meeting went into confidential session at 1.57pm and resumed in public session at 4.37pm.
30. Annual Report 2020/21 (Agenda Item 16)
Document number R26237, agenda pages 189 - 202 refer.
The following documents were tabled:
· Pages showing updates made since the last version of Attachment 1 (A2802769)
· Designed version of the Annual Report 2020/21 (A2803812)
· Audit Opinion (A2803712)
· Foreword (A2804059)
It was noted that the final version of the Annual Report would include the full sale price in the paragraph on the sale of community housing.
Attendance: Councillor Sanson left the meeting at 4.43pm.
John Mackey, Office of the Auditor General, was present via Zoom and spoke to his unmodified opinion (A2803712).
Group Manager Corporate Services, Nikki Harrison clarified that the rating deficit was planned and was because of the 0% rates increase.
Attendance: Councillor Sanson returned to the meeting at 4.48pm.
Mr Mackey was required to ask the following questions of Elected Members regarding the Annual Report:
· could Elected Members confirm their confidence that the disclosures were a comprehensive and complete record?
· whether there were any breaches of significant legislation that could have a major impact on Nelson City Council?
· were Elected Members aware of any fraud?
Elected Members confirmed their confidence in the material disclosed, no breaches of significant legislation or fraud were identified.
Her Worship the Mayor thanked the Audit New Zealand team and Mr Mackey for his acknowledgement of Council’s team.
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1. Receives the report Annual Report 2020/21 (R26237) and its attachments (A2791731, A2803712, A2803812 and A2804059); and 2. Adopts the Annual Report for the year ended 30 June 2021 (A2593052) in accordance with s98 of the Local Government Act 2002; and 3. Receives the draft Audit New Zealand Opinion (A tbc); and 4. Delegates the Mayor and Chief Executive authority to approve minor editorial changes to the Annual Report 2020/21 (A2791731), as necessary. |
1 A2802769 - Updates since the last version of the Draft Annual Report 2020-21 2 A2803812 Design Version of the Draft Annual Report 2020-21 3 A2803712 - Audit opion 4 A2804059 - Annual Report 2020/21 Foreword |
31. Approval of submission on the Government's Emissions Reduction Plan – (Agenda Item 20 revisited)
Manager Environmental Planning, Maxine Day, reconfirmed that statements in the report and submission were factually correct.
Climate Change Adaptation Adviser, Daniela Ramirez, confirmed that she had consulted with the author and that the term cleanfill was correct and was as defined by the Ministry for the Environment.
With regard to the suggestion that the submission seemed to be against free fares, Ms Ramirez noted that the submission did state that Council was supportive of targeting the lower demographic.
Councillor O’Neill-Stevens reiterated that the cleanfill issue was not just about not accepting organic material but about waste that would do no harm.
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That the Council 1. Receives the report Approval of submission on the Government's Emissions Reduction Plan (R26441) and its attachments (A276937, A2790131, A2790133); and 2. Approves retrospectively, the submission on the Government’s Emissions Reduction Plan (A2769372). Her Worship the Mayor/Edgar Lost |
The motion was lost, which meant that the submission would be withdrawn.
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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: |
Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
3 |
Recommendations from Committees - Confidential Strategic Development & Property Committee 3 December 2021 Maitai Valley Motor Camp Options Proposed Registrations of Interest Document - 258 Wakefield Quay (Anchor Building)
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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
· 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 5.04pm and resumed in public session at 6.32pm.
Karakia Whakamutunga
There being no further business the meeting ended at 6.32pm.
Restatements
It was resolved while the public was excluded:
3 |
Proposed Registrations of Interest Document: 258 Wakefield Quay (Anchor Building) |
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That the Council 3. Agrees that Report (R26262), the decision and attachments (A2717013 and A2803056) be released from confidential when the Request for Registrations of Interest is made available to the public. |
3 |
Maitai Valley Motor Camp Options |
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That the Council 9. Agrees that report (R26366), the decision and attachments (A2778933, A2783832 and A2790512) remain confidential at this time. |
5 |
Housing Reserve Phase One Applications |
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That the Council 6. Agrees that the decision only be made publicly available once negotiations are concluded; and 7. Agrees that Report (R26371) and Attachments A2788145, A2788147, A2748972) remain confidential at this time. |
6 |
Future of the Nelson iSITE within Millers Acre |
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That the Council 5. Agrees that Report (R26345) and the decision be excluded from public release at this time. |
7 |
Nelmac Limited - Statement of Expectation 2022/23 |
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That the Council 4. Agrees that Report (R26362) and the decision be made publicly available once the completed Statement of Expectation is made available on the Nelson City Council website approximately 30 days after it is received by the Council Controlled Trading Organisation. |
9 |
Nelson Regional Sewerage Business Unit (NRSBU) independent member appointment |
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That the Council 5. Agrees that the decision only be made publicly available once letter of acceptance received; and 6. Agrees that Report (R26252) and attachments (A2731432 and A2781375) remain confidential at this time. |
11 |
Land Purchase - Central City (late item) |
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That the Council 6. Agrees that report R26490 and the decision be made publicly available once a sale and purchase agreement becomes unconditional. |
Confirmed as a correct record of proceedings by resolution on 17 February 2022.
Resolved CL/2022/001 |
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That the Council 1. Confirms the minutes of the meeting of the Council, held on 8 December 2021, as a true and correct record. |