Agenda of Environment and Climate Committee

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	Environment and Climate Committee Meeting - Confidential Minutes - 4 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Environment and Climate Committee Status Report - Confidential	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

Environment and Climate Committee Minutes - 4 and 9 November 2021

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.

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 entered 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 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 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 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 Government.

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, 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

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

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:

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

10. 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

11 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

12. 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 Council has engaged its own Biosecurity Officer, Andrew Nevin, who had been in the position since the end of June.

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

13. 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)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

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.

14. Restatements

It was resolved while the public was excluded:

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)

Resolved

Item 6: Te Mana O Te Wai - Te Tauihu Iwi Collaboration Project

Environment and Climate Committee

15 February 2022

REPORT R26516

Te Mana O Te Wai - Te Tauihu Iwi Collaboration Project

1. Purpose of Report

1.1 To present the Te Mana o Te Wai – Te Tauihu Case Study Report (Stage One); and to seek Council endorsement for ongoing collaboration with Te Tauihu iwi and Top of the South councils - Marlborough and Tasman, in the implementation of the National Policy Statement for Freshwater Management 2020 (NPSFM).

2. Summary

2.1 The NPSFM requires the Council to manage freshwater to give effect to Te Mana o Te Wai.

2.2 Te Tauihu iwi, with the support of the National Science Challenge, have initiated a process for determining how Te Mana o te Wai applies to wai in Te Tauihu. The first stage in the process, to gather information and develop an iwi “current state” report, has been completed.

2.3 The Stage One report, “Te Mana o te Wai – Te Tauihu Case Study Report: Volume One”, is provided to the Committee for its consideration. The Stage One report includes conclusions and recommendations for iwi, the Top of the South councils and Central Government to consider in progressing to Stage Two. The Stage Two process intends to co-design a planning framework to give effect to Te Mana o te Wai across Te Tauihu.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Te Mana O Te Wai - Te Tauihu Iwi Collaboration Project (R26516) and its attachments (A2788198 and A2823931); and

2. Approves ongoing collaboration with Te Tauihu iwi and the Top of the South councils in implementing the requirements of the National Policy Statement for Freshwater Management 2020.

4. Background

4.1 In August 2020, Central Government released the Essential Freshwater package of national direction under the Resource Management Act. This package creates additional requirements for Council in respect of freshwater management and protecting freshwater ecosystem health.

4.2 The package includes:

4.2.1 Substantial changes to the National Policy Statement for Freshwater Management (NPSFM) that the Council is required to give effect to;

4.2.2 New regulations for freshwater management that must be implemented in the form of new National Environmental Standards for Freshwater (NESF);

4.2.3 New Section 360 regulations for stock access to water bodies; and,

4.2.4 Amendments to the existing Section 360 regulations relating to water measurement and reporting.

4.3 The objectives of the package of direction are to stop further degradation of freshwater, make changes for the immediate improvement of water quality within the next five years, and to reverse past damage. The goal is to bring waterways and ecosystems to a healthy state within a generation.

4.4 Te Mana o Te Wai is the central concept for freshwater management in the NPSFM and refers to the vital importance of water. The concept has been part of the NPSFM since 2014. However, the NPSFM 2020 strengthens and clarifies Te Mana o Te Wai by providing a stronger direction on how Te Mana o Te Wai ought to be applied when managing freshwater.

4.5 The concept of Te Mana o Te Wai is explained in the NPSFM 2020 as: ‘a concept that refers to the fundamental importance of water and recognises that protecting the health of freshwater protects the health and wellbeing of the wider environment. It protects the mauri of the water. Te Mana o Te Wai is about restoring and preserving the balance between the water, the wide environment, and community’ (clause 1.3).

4.6 In the NPSFM 2020, the primary objective arising from Te Mana o Te Wai is a hierarchy of obligations to water. The first priority is the health and well-being of water bodies and freshwater ecosystems, the second priority is the health needs of people (such as drinking water), and the third priority is the ability of people and communities to provide for their social, economic and cultural well-being, now and in the future.

4.7 Section 3.2 of the NPSFM sets out the approach to be taken to give effect to Te Mana o Te Wai. Every regional council and unitary authority must engage with communities and tangata whenua to determine how Te Mana o Te Wai applies to water bodies and freshwater ecosystems in the region. This must include:

· Actively involving tangata whenua in freshwater management (including decision-making processes);

· Engaging with communities and tangata whenua to identify long term visions, environmental outcomes, and other elements of the National Objectives Framework;

· Applying the hierarchy of obligations when undertaking planning and other functions of Council concerning freshwater management;

· Enabling the application of a diversity of systems of values and knowledge, such as mātauranga maori, to the management of freshwater; and

· Adopting an integrated approach ‘ki uta ki tai’ to the management of freshwater.

4.8 These obligations underpin a collaboration between the eight iwi of Te Tauihu and the three Top of the South councils. Details of the collaboration and initial steps towards implementing Te Mana o Te Wai are discussed below.

5. Discussion

5.1 During 2021, Council planning officers participated in hui with taiao representatives of Te Tauihu iwi (with the exception of Ngāti Toa) and planning officers from Tasman District Council and Marlborough District Council. The key aim of the hui was to begin to discuss the concept of Te Mana o Te Wai and determine a local meaning for it. Together, iwi and the three Councils plan to co-design a Te Mana o Te Wai planning framework.

5.2 Te Tauihu iwi secured funding through the National Science Challenge to contribute to the programme of co-design work. Te Tauihu iwi and the National Science Challenge saw benefit in this work becoming a case study to develop tools for giving effect to Te Mana o Te Wai nationally

5.3 Stage One of the project funded by the National Science Challenge was to gather information and develop an iwi “current state” report. The Stage One report “Te Mana o Te Wai – Te Tauihu Case Study Report: Volume One” is attached for the Committee’s information (attachment 1).

5.4 The report provides a Te Ao Māori worldview, records the findings of the Waitangi Tribunal with respect to the northern South Island claims as they are relevant to wai, and provides the current thinking of iwi in terms of what they consider to be working well and not working well in freshwater management. Drawing from this collated information, the report then summarises the challenges of management for wai and outlines the opportunities provided by the NPSFM and Te Mana o te Wai from an iwi perspective.

5.5 The findings and recommendations for action address Te Ao Māori values, manākitanga, customary uses and mahinga kai; mātauranga Māori, protection and limit setting, integrated management, monitoring, participation in decision making, co-management and iwi management of wai and waterways; and resources and capacity building.

5.6 A total of 20 recommendations are made and these have been compiled and attached for the Committee’s information (attachment 2). Eleven of the recommendations are aimed at actions for iwi authorities and two are aimed at Central Government. Nine are aimed at the three councils and they focus on:

5.6.1 Funding to resource the capacity and capability of iwi to support Councils to implement Te Mana o Te Wai.

5.6.2 That iwi are provided the time and resources to apply mātauranga to freshwater management in the rohe.

5.6.3 That iwi and councils review, develop and implement decision-making models which are collaborative and reflective of Te Ao Māori.

5.7 Stage Two of the work programme will commence in early 2022. Iwi seek to continue to work collaboratively with the three Councils to implement the findings of the Stage One report, including prioritising the recommendations for implementation. This will include ongoing catchment focussed korero with whānau and iwi to better understand the perceptions and expectations around water management and the implementation of Te Mana o Te Wai. The co-design of a planning framework to give effect to Te Mana o Te Wai across Te Tauihu is the key purpose of the Stage Two mahi.

5.8 Support from Council for this collaborative approach is sought on the basis this assists in giving effect to obligations under the NPSFM.

5.9 Current environmental planning activity management plan budgets cover the anticipated costs of taking this collaborative approach, including support for iwi to actively participate in the collaborative process. Iwi have also secured funding for two years from the Ministry for the Environment to assist with capacity building. Unbudgeted costs associated with the implementation of the recommendations in the Stage One report will be subject to separate annual plan or long term plan processes.

5.10 The implementation of the recommendations will need to be considered alongside the ongoing reforms of the resource management legislation and ‘three water’ reforms. Council staff are anticipating the initial stages of the Te Mana o Te Wai work will be able to progress in parallel with the reforms, with opportunities to consider how outputs will fit under new regimes and how new governance arrangements may operate.

6. Options

6.1 Option 1 is the recommended option – endorse collaboration between the eight iwi of Te Tauihu and the three Top of the South councils.

Option 1: Endorse collaboration with Te Tauihu and the Top of the South councils
Advantages	· Efficient engagement with collective representatives of the eight iwi. · Positive, relationship building with iwi and the three Councils. · Opportunities to share leaning amongst iwi and Council officers. · Avoiding ‘reinventing the wheel’ by sharing findings common to eight iwi and three councils. · Alignment of outcomes across the three councils.
Risks and Disadvantages	· Collaboration will involve a Top of the South approach to freshwater issues, not solely focussed on Nelson issues.
Option 2: Independent engagement with eight iwi
Advantages	· Will be Nelson focussed.
Risks and Disadvantages	· Inefficient to engage separately with eight iwi. · Loss of shared learning opportunities amongst iwi and between Councils. · Risk of ‘reinventing the wheel’. · Risk of misalignment of outcomes with other Top of the South councils · Does not enhance relationship with eight iwi and three councils in the shared challenges of NPSFM 2020 implementation.

7. Next Steps

7.1 The next steps for Stage Two of the work programme will commence in early 2022. Officers will work collaboratively with nga iwi to implement the findings of the Stage One report, including prioritising the recommendations for implementation.

7.2 The co-design of a planning framework to give effect to Te Mana o Te Wai across Te Tauihu is the key purpose of the Stage Two mahi.

Author: Sonya Leusink-Sladen, Senior Planning Adviser

Attachments

Attachment 1: A2788198 - Te Mana o Te Wai – Te Tauihu Case Study Report: Volume One ⇩

Attachment 2: A2823931 - Compiled Reccomendations of Te Mana o Te Wai - Te Tauihu Case Study Report - Volume 1 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The decision is consistent with purpose of the LGA, particularly as it facilitates the environmental and cultural wellbeing for communities. It will also ensure that Council fulfils its obligations under the Resource Management Act and policy direction under the National Policy Statement for Freshwater Management.

2. Consistency with Community Outcomes and Council Policy

The decision can ensure that: Our unique natural environment is healthy and protected; Our urban and rural environments are people-friendly, well planned and sustainably managed; Our communities are healthy, safe, inclusive and resilient; Our communities have opportunities to celebrate and explore their heritage, identity and creativity; and that our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

3. Risk

The decision does not involve any direct and significant risk to communities, health and safety, the environment, Council’s reputation, or costs. There is potential for positive outcomes for Council’s relationship with iwi, the environment and cultural and social outcomes in terms of freshwater management.

4. Financial impact

There are no additional costs associated with the decision. Any future costs will be considered by Council through future annual plan and long-term plan decision-making processes

5. Degree of significance and level of engagement

The decision sought in this report is not significant, because it does not concern a strategic asset, will not affect levels of service provided by Council, is reversible, and will not have a direct impact on the community. It is considered that there is no need for engagement.

6. Climate Impact

The collaborative approach to implementing Te Mana o Te Wai will contribute to improved freshwater management, including freshwater reliance in the face of climate change impacts on freshwater resources.

7. Inclusion of Māori in the decision making process

The decision specifically supports a collaborative approach involving Te Tauihu iwi in the management of freshwater, including a consideration of future decisions-making and co-management of freshwater within the context of the National Policy Statement for Freshwater Management.

8. Delegations

The Environment and Climate Committee has the following delegations to consider the implementation of the National Policy Statement for Freshwater Management

Areas of Responsibility:

· The Regional Policy Statement, Regional and District Plan including the Nelson Plan

Delegations:

· Developing, monitoring and approving strategies, policies and plans, with final versions to be recommended to Council for approval

Item 6: Te Mana O Te Wai - Te Tauihu Iwi Collaboration Project: Attachment 1

PDF Creator

Item 7: Environmental Management Quarterly Report - 1 October - 31 December 2021

Environment and Climate Committee

15 February 2022

REPORT R26517

Environmental Management Quarterly Report - 1 October - 31 December 2021

1. Purpose of Report

1.1 To report on financial and non-financial performance measure results (timeframes, risks and key issues) for the second quarter of the 2021/2022 financial year for the Environmental Management Group activities. The activities included are: Building, City Development, Resource Consents and Compliance, Planning, and Science and Environment. Climate Change, which is the responsibility of the Strategy and Communications Group, is also included in this report.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Quarterly Report - 1 October - 31 December 2021 (R26517) and its attachments (A2833041, A2817202, A2822912, A2824418, A2805041, A2829247 and A2821144); and

2. Receives the Ngāti Rārua Environmental Strategy – Poipoia Te Ao Tūroa 2021 (A2822912).

3. Key Performance Indicators

3.1 The two not on track measures are non-compliance with statutory timeframes for resource consents (75% on time for the quarter) and building consents (98% on time). The impacts of staff shortages given ongoing recruitment difficulties and the ability of consultants to deliver given their workloads have contributed to this non-compliance.

3.2 The two performance measures not measured yet are timing related. The State of the Environment measure is only required every five years and the City Centre programme every three years.

3.3 See Attachment 1 for the full performance measure details (A2833041).

4. Financial Results

Profit and Loss by Activity

Variance Commentary

4.1 As at 31 December 2021, Capital Expenditure is $711,000 behind budget. Level of Service, Renewals and Growth are behind budget by $613,000, $76,000 and $22,000 budget respectively. Capital Expenditure is forecasted to be $759,000 under budget, mostly due to the scope of the Streets for People project, reducing this year.

4.2 Monitoring The Environment expenditure is less than budget by $215,000. Several expenditure items are behind budget which reflects much of the programme is completed over Autumn. State of Environment Reporting is $32,000 behind budget and Air Quality Monitoring is $17,000 behind budget and these are anticipated to be spent. Staff Expenditure is $45,000 behind due to staff time allocation.

4.3 Environmental Advocacy/Advice income is greater than budget by $66,000. Maitai ERP Grants are $56,000 ahead of budget due to timing for grant conditions and when payments are received.

4.4 Environmental Advocacy/Advice expenditure is less than budget by $302,000. Nelson Nature expenditure items are $96,000 behind budget with some work completed and awaiting invoices, as well as contracts in the process of being finalised to complete the remainder of the work. Regional Sector Programmes is $32,000 behind budget with a final invoice yet to come, and the Insulation Grant Programme is $36,000 under budget due to the change in the EECA funding model from 67% to 90% government funded, which results in more homes insulated for less regional funding. Staff Expenditure is $130,000 behind due to staff time allocation.

4.5 Developing The Resource Management Plan expenditure is less than budget by $474,000. Significant changes have been approved by Council in November 2021 to the programme of works which has resulted in underspends across expenditure items with Nelson Plan expenditure being $439,000 under budget and forecasting to be $1.2m by the end of the year.

4.6 City Development expenditure is less than budget by $149,000. City Development Projects expenditure is behind budget by $46,000 with work programmes being pushed back as the City Spatial Plan and Future Development Strategy have been the focus for the first half of the year. Staff Expenditure is $87,000 behind due to the staff vacancies being carried in the Team.

4.7 Building Services income is greater than budget by $309,000. Building Consent income and Quality Assurance levies are ahead of budget by $223,000 and $64,000 respectively with stronger market demand than anticipated.

4.8 Building Services expenditure is greater than budget by $286,000. Master Builder Digital Services are $22,000 over budget which is directly linked to increased consent numbers. IANZ Assessment is $27,000 over budget with the budget held last financial year but the invoice not received until this financial year. Staff Costs are $228,000 ahead of budget which is due to staff vacancies and increased demand requiring the use of contractors.

4.9 Resource Consents income is less than budget by $102,000. Consent income is behind budget by $95,000. There has been a lag in invoicing over the last two months which will catch up and assist with the budget.

4.10 Resource Consents expenditure is greater than budget by $210,000. External Consultants are $140,000 over budget and forecast to be $265,000 over budget by the end of the year. This is driven by staff vacancies requiring consultants to perform work (e.g. the consent numbers for December were the highest for 10 years). The consultant budget was previously reduced on the basis there would be full staffing and that has not occurred. Staff Expenditure is $72,000 ahead of budget due to a budgeting error whereby one of the new positions to sit in the Team, was not added correctly into the LTP budgets, so their cost was not included in the budget. This has been fixed for AP 2022/23 but will cause a permanent over budget variance to the Resource Consent activity this year for Staff Expenditure.

5. Key Activities

City Development (Urban Development Subcommittee matters)

5.1 Recruitment for a City Development Manager and Senior City Development Adviser continues.

5.2 Preparation of a new joint Nelson Tasman Future Development Strategy (FDS) is underway. Workshops were held for Elected members in November and December to discuss revisions to the draft outcomes, site assessment process and provide an update on engagement undertaken with iwi/hapū, the community and youth council. Further workshops with both Councils are planned in January, February, and March with the special consultative procedure following.

Building

5.3 See Attachment 2 (A2817202) for the quarter two statistics and comments.

5.4 An upgrade to the Go Get consenting system is planned for June 2022. The implementation of Magiq cloud is required before the work can commence. The upgrade will help streamline processes.

5.5 A project on the Compliance Schedules and how they are issued with their respective Code Compliance Certificate’s (CCC’s), both regarding systems and content, is about to be undertaken.

Environmental Planning

5.6 The Environmental Planning team is progressing its work programme in relation to key topics including housing, coastal hazard planning, and freshwater planning. The team is also engaged in reviewing the Urban Environments Bylaw and processing the Maitahi/Bayview Private Plan Change.

5.7 On 9 December 2021, the Ngāti Rārua Environmental Strategy – Poipoia Te Ao Tūroa was lodged with Council refer Attachment 3 (A2822912). Poipoia Te Ao Tūroa is a tangata whenua iwi planning document prepared and mandated by Te Rūnanga o Ngāti Rārua. It highlights Ngāti Rārua values, priorities and aspirations for te ao tūroa – the natural, cultural and built environment.

5.8 The document is a tool to aid understanding of the issues of significance to Ngāti Rārua with respect to environmental management, and will inform Council, particularly in relation to policy, consenting and monitoring activities.

5.9 Central Government key legislative changes that were made in December 2021 included:

5.9.1 Delayed enactment of climate change amendments to the RMA from 31 December 2021 to 30 November 2022. These amendments will repeal sections of the RMA that limit the circumstances in which:

5.9.1.1 Regional councils may have regard to the effects of discharges into air of greenhouse gases on climate change in making rules to control the discharge of greenhouse gases; and

5.9.1.2 Consent authorities may have regard to the effects of discharges into air of greenhouse gases on climate change in considering an application for a discharge permit or coastal permit

5.9.2 Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (Act) was passed into law on 20 December 2021. The Act amends the Resource Management Act 1991 (RMA) by requiring certain territorial authorities to implement land use requirements that are aimed at rapidly accelerating the supply of housing in residential and urban areas. This is done in two main ways:

5.9.2.1 Introducing a new Intensification Streamlined Planning Process (ISPP) to enable specified councils to implement the National Policy Statement on Urban Development 2020 (NPS-UD) more quickly. ISPP will also be used to implement the below mentioned Medium Density Residential Standards (MRDS).

5.9.2.2 Requiring specified councils to adopt the MDRS for all relevant residential zones. These standards stipulate the minimum level of development that relevant councils need to allow in their current and future residential zones.

5.9.3 NCC is not automatically required to implement this legislation as it is a Tier 2 Council (as defined under the National Policy Statement for Urban Development). Council does have an option to apply to use the new legislation and this will be considered via a subsequent report to Council.

5.9.4 A large volume of nationally directed changes are coming through to local government’s planning teams, including:

5.9.4.1 Request for feedback on proposals for the Natural and Built Environments Act (NBA) and Strategic Planning Act (SPA) before they are developed into full Bills. In late November, the Government released ‘Our Future Resource Management System – Materials for Discussion’ (https://environment.govt.nz/assets/publications/Our-future-resource-management-system-materials-for-discussion.pdf ). This document supports targeted engagement with hapū/iwi/Māori, local government and other stakeholders. It deals mainly with initial decisions made on reform detail since the NBA exposure draft was prepared. The Council can provide feedback until 28 February 2022. Staff intend to provide some limited technical feedback and will report this to the next Environment and Climate Committee meeting.

5.9.4.2 Request for feedback on the National Environmental Standard for drinking water sources (NES-DWS). The proposed changes cover how at-risk source water areas are delineated, how activities that pose risks to source water are regulated or managed and which water supplies are protected. More information can be found in the consultation document https://environment.govt.nz/assets/publications/new-dw-consultation-document.pdf. Feedback can be given between 10 January to 6 March 2022. It is likely that NCC will contribute to feedback with input across Council e.g. Infrastructure and Environmental Planning, via a coordinated response from regional councils across the country.

5.9.5 Further upcoming engagement is anticipated on:

5.9.5.1 Changes to aquaculture management to:

· improve the management of aquaculture as part of the reform of Aotearoa/New Zealand’s resource management system;

· propose a framework for managing open ocean aquaculture;

· draft a New Space Plan under the Maori Commercial Aquaculture Claims Settlement Act 2004; and

· provide an Investment Road Map for accelerating aquaculture growth in New Zealand.

5.9.5.2 Environmental Reporting Act review (ERA) - Ministers have agreed to progress with amendments to strengthen and refine the Environmental Reporting Act, to help Government better report on what matters most. Officers anticipate requests for feedback on the proposed changes.

5.9.5.3 National Policy Statement on Indigenous Biodiversity (NPS IB) – An exposure draft of the NPS-IB and initial implementation plan is expected to be released shortly for targeted consultation subject to Cabinet approval.

5.9.5.4 National Policy Statement on Highly Productive land (NPS-HPL) – Government officials are now testing an exposure draft of the proposed NPS-HPL with a representative group of local authorities and other stakeholders. Final advice on the proposed NPS-HPL is expected to be provided to Ministers in early 2022.

5.9.5.5 Climate Adaptation Act (CAA) - Public consultation on the CAA is expected to take place in early 2022 alongside consultation on the National Adaptation Plan.

5.9.5.6 Overhaul of the Biosecurity Act 1993. The Biosecurity Act review is delayed - now expected sometime in mid-2022 – it’s waiting for Ministerial sign off before engagement with councils.

Resource Consents and Compliance

5.10 See Attachment 2 (A2817202) for the quarter two statistics. The number of applications received in December 2021 is the highest December total for 10 years.

Science and Environment

5.11 Cat management, including the option of introduction of compulsory microchipping, was discussed at a meeting of the Environment & Climate Committee on 4 November 2021 as part of discussions on the Urban Environment Bylaw.

5.12 The Committee resolved to:

Resolved EC/2021/043

That the Environment and Climate Committee

…

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 DOC and MPI for advice on the status of the recommendation in the New Zealand Cat Management Strategy discussion paper, September 2017.

5.13 Best practice guidelines for cat owners have been drafted, based on the experience of other councils, and will be finalised and published on Council’s website by mid-February. An engagement plan has been developed for distribution of the guidelines initially to residents in upper Brook Street (near the Brook Waimarama Sanctuary).

5.14 Local Government NZ has advised that there has been no progress with the National Cat Management Strategy and that it has been unable to get interest from the Government to promulgate national cat legislation. A National Governance Group is being established to facilitate integrated work across central and local government and coordinate a strategic approach to biosecurity and biodiversity within New Zealand. It will provide an effective forum to consider and progress the issue of cat management at a national level and Council officers will raise this with the Group once it is established.

5.15 In the meantime, Tasman District Council has decided not to pursue a bylaw to mandate microchipping of cats and proposes to adopt non-regulatory mechanisms to encourage responsible cat ownership. This aligns with Nelson Council’s approach and officers will coordinate initiatives across both councils where possible.

5.16 Monthly rainfall totals across the region were close to long term averages in October and December and lower than average in November (refer Attachment 4 (A2824418)). A new rainfall recording site was installed at the North Nelson Wastewater Treatment plant to provide better data during storm events and for modelling. The first continuous groundwater level site was installed near Trafalgar Park which will help inform impacts of sea level rise.

5.17 The October to December quarterly update to the Project Mahitahi Governance Group is attached for your information as Attachment 5 (A2805041)

5.18 The Kotahitanga mō te Taiao Alliance has issued its first Annual Report Attachment 6 (A2829247). The report features statements by each of the Alliance partners and a summary of projects being delivered under the Alliance across Te Tauihu.

5.19 The Science and Environment Programme Health Summary is contained in Attachment 7 (A2821144). All programmes, except for the Environmental Education programme, are on track to being delivered as planned despite some delays related to COVID-19. The Environmental Education programme has been significantly affected by COVID-19 impacts on schools, and alternative ways of delivering the programme are being investigated.

6. Legal Proceedings Update

6.1 The Building team currently has four legal proceedings in progress.

6.2 A dog attack hearing was scheduled for 19 August but was delayed due to COVID-19 until 26 January 2022. A further delay has occurred due to COVID-19 with no new date set as yet. A disqualified dog owner had appealed Council’s decision to uphold the disqualification but as the dog had to be euthanised due to medical reasons the appeal will not be proceeding.

7. Risks and Challenges

7.1 Recruitment within the Building team is continuing, applicants with the required qualifications, relevant experience and competencies are proving hard to find. With the upcoming retirement of a senior building inspector to add to the existing vacancies, the Building Control Authority (BCA) will need to manage inspection demand with support from external contractors. The recruitment strategy for the vacant inspection role has now changed to looking at recruitment from the trades sector as it has proved too difficult to find people with the required skill sets and qualifications. The intention is to grow our own people. This will require the continued support of contractors until such time as the required competencies within the team have been gained.

7.2 The Environmental Planning Team is currently carrying two planner vacancies which is causing pressure within the remaining team.

7.3 Two planner vacancies also remain in the Resource Consent Team. Consultants are not always able to assist with processing meaning compliance with statutory timeframes will be difficult to achieve until positions have been recruited and people are fully trained. Work on improving practices has slowed while application numbers remain high.

7.4 Preparation of the new Future Development Strategy to meet the requirements of the National Policy Statement – Urban Development (NPS-UD) is progressing on extremely tight time frames and is expected to attract widespread community interest.

7.5 Wider RMA reforms continue to present uncertainties and challenges in planning the forward work programme. The large volume of Central Government changes are anticipated to continue to affect the efficient and timely delivery of the Environmental Planning team’s projects.

7.6 The potential closures of NCC reserves and Ngāti Koata forestry lands because of fire risk will likely have an impact on the delivery of some Science and Environment biodiversity, biosecurity, and Jobs 4 Nature work programmes. Workflows are being adjusted to work around this.

8. Climate Change update

Strategic framework for climate change

8.1 Nelson City Council is developing a strategic framework for climate change. The framework will help determine objectives and priorities for the Council work programme on reducing greenhouse gas (GHG) emissions and adapting to the impacts of climate change.

8.2 Work on the framework follows the development of the Climate Action Plan, which was adopted by Council at its 17 November 2021 meeting. The Plan is a living document which sets out resources Council has allocated to climate change projects over the ten years of the Long Term Plan 2021-31. The framework will guide future iterations of the Climate Action Plan.

Dynamic Adaptive Pathways Planning (DAPP) – coastal hazards and lower Maitai River

8.3 Following work in 2020 and 2021 to build an understanding of the impacts of coastal hazards on the Nelson community and on Council, planning is underway for community engagement in 2022. This engagement will focus on identifying values and objectives of the community in relation to the coast and lower Maitai River.

8.4 The release of the National Adaptation Plan and proposed Climate Adaptation Act (see update on national policy changes below) will inform further conversations with the community on options for addressing climate change risks and impacts.

Council carbon footprint audit

8.5 The Council operational carbon footprint inventory for the 2020/21 financial year was developed internally and verified by a third party in December 2021.

8.6 Officers are currently working to address the feedback from the verification process. The inventory is expected to be finalised in February and will be displayed on the Council website, alongside the three previous carbon footprint inventory reports: http://www.nelson.govt.nz/climate-change/councils-climate-change-action/.

8.7 Officers have also secured pro bono support for third party verification of the community carbon footprint (Nelson region footprint). Third party verification will increase the credibility in the inventory.

Upcoming national climate change policies

8.8 A number of significant national-level climate change policies are expected in 2022 and 2023. Central government is due to finalise the emissions reduction plan (ERP) and set national-level emissions budgets for the periods 2022 – 2025, 2026 – 2030 and 2031 – 2035 by 31 May 2022. Emissions budgets will act as interim targets to reduce GHG emissions and step progressively towards New Zealand’s 2050 targets (NB: Council has committed to achieving these budgets for its operational emissions). The ERP will provide a plan for meeting emissions budgets. The ERP is likely to have significant implications for local government, in particular through new policies on waste, building and construction, transport and energy.

8.9 The national adaptation plan (NAP) will respond to priority risks in the National Climate Change Risk Assessment (published in August 2020) and is due to be finalised in August 2022. Consultation on the NAP is planned for April 2022. Council staff intend to prepare a draft submission on the NAP for approval from elected representatives.

8.10 Resource management reform will also have a significant impact on Council’s climate change programme. Government plans to introduce the proposed Climate Adaptation Act, which will provide tools for addressing climate change risks, into Parliament in 2023. The proposed Natural and Built Environments Act and Strategic Planning Act (planned for introduction this year) will also affect local government decisions on climate change.

8.11 The national policy statement and national environmental standard on industrial process heat, which will ban new coal-fired boilers and phase out use of other fossil fuel assets, are also planned to be finalised in 2022.

Author: Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1: A2833041 - Environment and Climate Committee Performance Measure Results Quarter Two 2021/22 ⇩

Attachment 2: A2817202 - Building and Consents and Compliance stats - Oct - Dec 21 ⇩

Attachment 3: A2822912 - Ngati Rarua Poipoia Te Ao Turoa Environmental Strategy 2021 ⇩

Attachment 4: A2824418 - Cumulative Rainfall Graphs to December 2021 ⇩

Attachment 5: A2805041 - Project Mahitahi - Governance Group Quarterly Report - Oct to Dec 21 ⇩

Attachment 6: A2829247 - Kotahitanga mo te Taiao Alliance - Annual Report 2021 - 20Dec2021 ⇩

Attachment 7: A2821144 - Science and Environment Programme Health Summary 21_22 - Q2 - Jan2022 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The activities of the Environmental Management Group contribute to promoting the social, economic, environmental, and cultural well-being of communities in the present and for the future.

2. Consistency with Community Outcomes and Council Policy

The Environmental Management work programme addresses the following community outcomes:

· Our unique natural environment is healthy and protected.

· Our urban and rural environments are people friendly, well planned and sustainably managed.

· Our infrastructure is efficient, cost effective and meets current and future needs.

· Our communities are healthy, safe, inclusive and resilient.

· Our communities have opportunities to celebrate and explore their heritage, identity and creativity.

· Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

· Our region is supported by an innovative and sustainable economy.

3. Risk

Increased national direction (National Policy Statements) has the potential to impact on work programmes, budgets and statutory timeframes.

4. Financial impact

Currently behind budget on all activities. No further financial implications.

5. Degree of significance and level of engagement

This matter is of low significance and no engagement has been undertaken.

6. Climate Impact

The provision of regulatory and non-regulatory services directly assists Council to take appropriate action or advocate for others to take action to address the impacts of climate change.

7. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

8. Delegations

The Environment and Climate Committee has the following delegation:

Areas of Responsibility:

· Building control matters, including earthquake-prone buildings and the fencing of swimming pools

· Brook Waimarama Sanctuary Trust

· Bylaws, within the areas of responsibility

· Climate Change policy, monitoring and review

· Climate change impact and strategy overview - mitigation, adaptation and resiliency

· Climate change reserve fund use

· Environmental programmes including (but not limited to) warmer, healthier homes, energy efficiency, environmental education, and eco-building advice

· Environmental regulatory and non-regulatory matters including (but not limited to) animals and dogs, amusement devices, alcohol licensing (except where delegated to the Alcohol Regulatory and Licensing Authority), food premises, gambling, sugar-sweetened beverages and smokefree environments, and other public health issues

· Environmental science monitoring and reporting including (but not limited to) air quality, water quality, water quantity, land management, biodiversity, biosecurity (marine, freshwater and terrestrial), pest and weed management, and coastal and marine science

· Environmental Science programmes including (but not limited to) Nelson Nature and Healthy Streams

· Hazardous substances and contaminated land

· Maritime and Harbour Safety and Control

· Planning documents or policies, including (but not limited to) the Land Development Manual

· Policies and strategies relating to compliance, monitoring and enforcement

· Policies and strategies related to resource management matters

· Pollution control

· Regulatory enforcement and monitoring

· The Regional Policy Statement, District and Regional Plans, including the Nelson Plan

· Urban Greening Plan

Delegations:

· The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies.

Excerpt from Nelson City Council Delegations Register (A11833061)

Environment and Climate Committee

Areas of Responsibility:

Delegations:

Powers to Recommend to Council: