Agenda of Council - 10 May 2022

Nelson City Council

10 May 2022

Page No.

Karakia and Mihi Timatanga

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 17 February 2022 13 - 19

Document number M19236

Recommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 17 February 2022, as a true and correct record.

5.2 10 March 2022 20 - 28

Document number M19293

Recommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 10 March 2022, as a true and correct record.

5.3 23 March 2022 29 - 39

Document number M19349

Recommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 23 March 2022, as a true and correct record.

5.4 Extraordinary Meeting - 21 April 2022 40 - 42

Recommendation

That the Council

1. Confirms the minutes of the extraordinary meeting of the Council, held on 21 April 2022, as a true and correct record.

6. Recommendations from Committees

6.1 Civil Defence and Emergency Management Group – 22 March 2022

6.1.1 Terms of Reference for Civil Defence Emergency Management Group (CDEM Group)

The Draft Terms of Reference (A2856095) attached for information. 49

Recommendation to Tasman District and Nelson City Council

That the Councils

1. Approve the Terms of Reference for the Civil Defence Emergency Management Group (A2856095).

6.2 Strategic Development and Property Subcommittee - 24 March 2022

6.2.1 Nelson Marina Governance Review

Recommendation to Council

That the Council

1. Approves the formation of a Management Council Controlled Organisation (Management CCO) for Nelson Marina.

2. Approves the development of a Statement of Expectation, Statement of Intent, a Management Agreement, and recommended board structure for Nelson Marina by the Strategic Development and Property Subcommittee for consideration by Council.

3. Confirms that the Manager of Nelson Marina will not be appointed to the Council Controlled Organisation, Marina Management Governance Board.

6.2.2 Millers Acre Re-cladding Project

Recommendation to Council

That the Council

1. Approves the allocation of an additional unbudgeted amount of $625,000 in 2022/23 to complete the remedial cladding system for Millers Acre and installation of a comprehensive height safety harness point system; and

2. Notes that investigation into improvements to the northern end of the ground floor of Millers Acre (currently leased to the Department of Conservation) to provide additional window opening and external customer access is underway and will be presented to a future Subcommittee as a matter of urgent business.

6.3 Infrastructure Committee - 31 March 2022

6.3.1 Sandbag Policy Options

Recommendation to Council

That the Council

1. Confirms that Council does not support the general provision of sandbags, sand or bags, to private property owners/occupants prior to or during flood events; and

2. Notes that officers are working in conjunction with the Nelson Tasman Emergency Management Group to promote flood readiness to the community, and specifically to those property owners located within the flood hazard/coastal inundation overlay.

6.3.2 Hampden Street (west) Intersection with Waimea Road- Long term closure to motor vehicles

Recommendation to Council

That the Council

1. Approves that the intersection of Waimea Road and Hampden Street (west) be closed to vehicular traffic long-term by determining under section 319(1)(f) of the Local Government Act 1974 that part of the Hampden Street (west) road is footpath and cycle track.

6.3.3 Tahunanui Catchment 4 Stormwater

Recommendation to Council

That the Council

1. Approves bringing forward budgeted capital funding of $350,000 from 2024/25 to 2021/22, to allow early completion of the Tahunanui Catchment 4 stormwater project in 2021/22.

6.5 Environment and Climate Committee - 7 April 2022

6.5.1 Deliberations and Decision Report on Amended Urban Environments Bylaw - Deferred from 24 March 2022

For additional information please refer to the Agenda for the Environment and Climate Committee meeting on 24 March 2022. A link to the Agenda is below:

Environment and Climate Committee Agenda 24 March 2022

Recommendation to Council

That the Council

1. Determines following consideration of submissions, that the amendments to the Urban Environments Bylaw as shown in Attachment 2 (A2848140) of the Deliberations Report on Amended Urban Environments Bylaw (R26653) are the most appropriate way of addressing the perceived problems with the current Bylaw; are the most appropriate form of Bylaw and do not give rise to any implications under the New Zealand Bill of Rights Act 1990; and

2. Adopts the amended Urban Environments Bylaw as shown in Attachment 2 (A2848140) of the Deliberations Report on Amended Urban Environments Bylaw (R26653); and

3. Determines the date that the amended Urban Environment Bylaw will commence as being 1 June 2022..

7. Mayor's Report 50 - 50

Document number R26751

Recommendation

That the Council

1. Receives the report Mayor's Report (R26751).

8. Proposal to Amend the National Environmental Standards for Sources of Human Drinking Water - Submission to Ministry for the Environment. 51 - 68

Document number R26724

Recommendation

That the Council

1. Receives the report Proposal to Amend the National Environmental Standards for Sources of Human Drinking Water - Submission to Ministry for the Environment. (R26724) and its attachment (A2843003); and

2. Approves retrospectively the Nelson City Council submission to the Ministry for the Environment (A2843003 - Attachment 1 of Report R26724).

9. Nelson Regional Development Agency Six Month Report - July - December 2021 69 - 102

Document number R26701

Recommendation

That the Council

1. Receives the report Nelson Regional Development Agency Six Month Report - July - December 2021 (R26701) and its attachment (A2855269).

10. Nelson Regional Development Agency Statement of Intent 2022/2023 103 - 160

Document number R26709

Recommendation

That the Council

1. Receives the report Nelson Regional Development Agency Statement of Intent 2022/2023 (R26709) and its attachment (A2855278); and

2. Agrees that the Nelson Regional Development Agency Statement of Intent 2022/23 meets Council’s expectations and is approved as the final Statement of Intent for 2022/23.

11. Nelmac Limited Six Month Report to 31 December 2021 161 - 170

Document number R26683

Recommendation

That the Council

1. Receives the report Nelmac Limited Six Month Report to 31 December 2021 (R26683) and its attachment (A2848711).

Confidential Business

12. Exclusion of the Public

Recommendation

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 Jane Sheard, Rob Gunn and Lindsay Coll of Nelmac remain after the public has been excluded, for Item 6 of the Confidential agenda (Nelmac Limited Draft Statement of Intent 2022/23), as have knowledge relating to the Draft Statement of Intent that will assist the meeting.

Recommendation

That the Council

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

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

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1.1	Council Meeting - Confidential Minutes - 17 February 2022	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
1.2	Council Meeting - Confidential Minutes - 10 March 2022	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 · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
1.3	Council Meeting - Confidential Minutes - 23 March 2022	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) · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
1.4	Extraordinary Council Meeting - Confidential Minutes - 21 April 2022	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
2	Confirmation of Confidential Minutes - Council -17 February 2022	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
3.	Recommendations from Committees Infrastructure Committee - 31 March 2022 Walters Bluff Rd extension - strategic land purchase Infrastructure Committee - 31 March 2022 Part of Forests Road - proposed road stopping Urban Development Subcommittee - 14 April 2022 Totara Street Requests for Proposal	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)
4	Nelmac Limited Draft Statement of Intent 2022/23	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
5	Supplementary Information - Rutherford Street Stormwater Upgrade	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)
6	Proposal to Purchase City Centre Property	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)
7	Proposed Sale of part of Haven Road Property	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)
8	Proposal for property purchase for sea sports facility	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)

Karakia Whakamutanga

Nelson City Council Minutes - 17 February 2022

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Thursday 17 February 2022, commencing at 9.05a.m.

Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, J Edgar (Deputy Mayor), K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald) Team Leader Governance (R Byrne) and Governance Support Officer (A Bryce-Neumann)

Apologies : Nil

Karakia and Mihi Timatanga

1. Apologies

Nil

2. Confirmation of Order of Business

Due to time constraints for Elected Members the order of business was amended, to move into the Confidential session following Item 7 on the Agenda.

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. Henry Hudson from Nelson Citizens Alliance

Document number R26544

Henry Hudson, representing Nelson Citizens Alliance, spoke about Three Waters and asked questions on legal advice, consultation and governance. His speaking notes were tabled (A2850450).

4.2. Bevan Woodward from Bicycle Nelson Bays

Document number R26600

Bevan Woodward, from Bicycle Nelson Bays, invited Elected Members to join Bicycle Nelson Bays on a cycle tour of Nelson to show them how people in Nelson experience the City on their daily ride and to identify areas that, for low cost, could make Nelson’s streets safer.

4.3 Trafinz from Robyn Denton

Robyn Denton, member of the Trafinz Board presented two awards to Nelson City Council, supported by a PowerPoint presentation (tabled A2840314). The New Zealand Local Authority Traffic Institute or Trafinz represented local authority views on road safety and traffic management in New Zealand). The awards were:

· Trafinz Sustainability Award - Winner - Innovating Streets - Nelson South

· Trafinz Sustainability Merit Award - Pedalling Equity: New Zealand’s first Bike Library trial for Intermediate aged children

Her Worship the Mayor Reese acknowledged transport lead Marg Parfitt noting the outcome was due to her dedication and passion for sustainable transport. Group Manager Infrastructure, Alec Louverdis, reiterated that Ms Parfitt’s calibre and commitment to Council’s strategies was unrelenting, and she led this from the front. The Chair of the Infrastructure Committee said that receiving an award from Trafinz was recognition from one’s peers and most worthy, most valuable and most acknowledged.

Public Forum Tabled documents:

Attachments

1 A2850450 Henry Hudson speaking notes

2 A2840314 Robyn Denton TRAFINZ Leadership Award Powerpoint

5. Confirmation of Minutes

5.1 8 December 2021

Document number M19154, agenda pages 8 - 45 refer.

Resolved CL/2022/001

That the Council

1. Confirms the minutes of the meeting of the Council, held on 8 December 2021, as a true and correct record.

Her Worship the Mayor/McGurk Carried

6. COVID-19 Impacts on capital work programme and budgets: Way Forward (Agenda item 7)

Document number R26496, agenda pages 48 - 58 refer.

Group Manager Infrastructure, Alec Louverdis, presented the report noting the reference to 2020/21 in Recommendation 3 should read 2021/22.

Resolved CL/2022/002

That the Council

1. Receives the report COVID-19 Impacts on capital work programme and budgets: Way Forward (R26496) and its attachment (A2827529); and

2. Notes and acknowledges the challenges COVID-19 has brought to date and will continue to have on the successful delivery of the capital works programme and associated budgets; and

3. Notes the unbudgeted provision of $1 Million capital expenditure in the 2021/22 financial year to cater for any COVID-19 project related increases that may result in 2021/22; and

4. Approves, subject to the approval of the 2022/23 Annual Plan, the following COVID-19 streamlined mitigation measures to support the delivery of the capital works programme going forward, effective 1 July 2022:

- An On-call COVID-19 fund of $1.8 Million in the 2022/23 financial year delegated to the Tenders Subcommittee to manage any COVID-19 project related increases as-and-when they arise;

- Amends the Tenders Subcommittee delegations to include the approval of tenders and additional expenditure, if required, from the On-call COVID-19 fund with reporting of decisions to Council as per A2827529 of Report R26496 (subject to any minor amendments by the Mayor and Chief Executive); and

5. Agrees on the principle that any project is confirmed to be within budget up to a maximum of 10% above approved budgets provided that any overspend up to the 10% be managed within existing activity budgets; and

6. Notes that updates on the effectiveness of the new measures will be provided to Council via the Audit, Risk and Finance Subcommittee on a quarterly basis; and

7. Agrees that all approved COVID-19 streamlined mitigation measures be reassessed in 12 months and presented back to Council by June 2023, to ascertain the success or otherwise of the measures that will allow a decision on whether the streamlined approach should continue, change, or stop.

McGurk/Edgar Carried

7. Exclusion of the Public

Resolved CL/2022/003

That the Council

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

Her Worship the Mayor/O'Neill-Stevens 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	Council Meeting - Confidential Minutes - 8 December 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) · 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
2	Recommendations from Committees Chief Executive Employment Committee - 25 January 2022 Chief Executive's Performance Report 2020/21	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

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Confidential Minutes - 8 December 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)

· 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

Recommendations from Committees

Chief Executive Employment Committee - 25 January 2022

Chief Executive's Performance Report 2020/21

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(a)

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

The meeting went into confidential session at 10.04a.m. and resumed in public session at 11.16a.m.

The meeting adjourned from 11.16a.m. to 11.30a.m.

8. Mayor's Report (Agenda Item 6)

Document number R26566, agenda pages 46 - 47 refer.

Her Worship the Mayor Reese presented her report.

Resolved CL/2022/004

That the Council

1. Receives the report Mayor's Report (R26566).

Her Worship the Mayor/O'Neill-Stevens Carried

9. Time Limit Parking Infringement Discount Removal

Document number R26211, agenda pages 59 - 65 refer.

Manager Consents and Compliance, Mandy Bishop, presented the report.

Resolved CL/2022/005

That the Council

1. Receives the report Time Limit Parking Infringement Discount Removal (R26211); and

2. Approves discontinuing the $3 discount on parking infringement fees if paid within 14 days, effective for infringement notices issued on 1 March 2022; and

3. Confirms that parking infringement fees are as prescribed in Schedule 1B to the Land Transport (Offences and Penalties) Regulations 1999 and no lesser amount is fixed, effective on 1 March 2022; and

4. Confirms that in accordance with Council’s Significance and Engagement Policy, public consultation to remove the discount is not required.

Sanson/Noonan Carried

10. Submission on Te Ara Paerangi Future Pathways Green Paper (Item 8 of the Agenda)

Document number R26514, agenda pages 66 - 74 refer.

Economic and Policy Adviser, Gareth Power Gordon presented the report and advised that since the Agenda had been distributed feedback had been received from Wakatu Incorporation. Referring to page 72 of the Agenda, Wakatu Incorporation had requested a minor amendment when recognising iwi partnership that Council include other organisations that Council worked with.

In response to questions Mr Power Gordon confirmed that to date neither Tasman District Council nor Taituarā had submitted to the paper, noting that Council’s submission was broadly in line with the regional government submission.

Resolved CL/2022/006

That the Council

1. Receives the report Submission on Te Ara Paerangi Future Pathways Green Paper (R26514) and its attachment (A2816170); and

2. Approves, the updated draft submission on Te Ara Paerangi Future Pathways Green Paper (A2816170).

Skinner/Courtney Carried

Karakia Whakamutanga

11. Restatements

It was resolved while the public was excluded:

Recommendation from Committee:

Chief Executive's Performance Report 2020/21

3. Agrees that Report (R26460), Attachment (A2838234) and the decision remain confidential at this time.

There being no further business the meeting ended at 11.45a.m.

Confirmed as a correct record of proceedings by resolution on (date)

Resolved

Nelson City Council Minutes - 10 March 2022

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Thursday 10 March 2022, commencing at 9.03a.m.

Present: Her Worship the Mayor R Reese (Chairperson), Deputy Mayor J Edgar (Co-Chairperson), Councillors Y Bowater, T Brand, M Courtney, K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner

Apologies : Nil

Karakia and Mihi Timatanga

1. Apologies

There were no apologies.

Her Worship the Mayor Reese advised that the meeting would be jointly chaired between herself and Deputy Mayor Edgar. Her Worship the Mayor Reese vacated the Chair and Deputy Mayor Edgar assumed the Chair at 9.05a.m.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

Attendance: Councillor Noonan left the meeting at 9.11a.m.

5. Confirmation of Minutes

There were no minutes to confirm

6. Recommendations from Committees

6.1 Strategic Development and Property Subcommittee - 17 February 2022

6.1.1 Chairperson's Report

Attendance : Councillor Brand joined the meeting at 9.07a.m.

Resolved CL/2022/010

That the Council

1. Notes that Mr Roger Gibbons has advised his intention to resign from the role of Chair of the Marina Advisory Group

2. Notes that the Strategic Development and Property Sub-committee supports the Marina Advisory Group’s intention to appoint current Marina Advisory Group member Mr Rob Greenaway as the new acting Chair of the Marina Advisory Group

Skinner/Bowater Carried

6.2 Audit, Risk and Finance Subcommittee - 22 February 2022

6.2.1 Service Delivery Reviews (s17A reviews) work programme

Resolved CL/2022/011

That the Council

1. Approves retention of the current threshold that triggers a service delivery review under section 17A of the Local Government Act 2002; and

2. Approves applying the two exemptions under the Local Government Act 2002 sections 17A(3)(A) and 17A(3)(b) for the Nelson Regional Sewerage Business Unit and Utilities – Stormwater/Flood Protection/Wastewater (including Wastewater Treatment Plant(s)/Water Supply.

Sanson/McGurk Carried

6.3 Infrastructure Committee - 24 February 2022

6.3.1 Infrastructure Quarterly Report

Resolved CL/2022/012

That the Council

1. Approves bringing forward budgeted capital funding of $3,205,600 from 2022/2023 to 2021/2022, to allow early completion of the Awatea Place wastewater pump station project in 2022/23; and

2. Approves unbudgeted additional capital funding of $964,000 for the Rutherford Street Stormwater upgrade project to allow award of a tender, following Tenders Subcommittee approval, ahead of the approval of the Annual Plan, noting that this amount has been included in the 2022/23 Annual Plan.

McGurk/O'Neill-Stevens Carried

7. Recommendation from Saxton Field Committee - 10 November 2021 - BMX Track

Document number R26417, agenda pages 9 - 19 refer.

Parks and Facilities Activity Planner, Jane Loughnan, presented the report and answered questions on whether Saxton Field was the preferred site for the BMX club. She advised that Saxton Field was included in the LTP at the request of the BMX club, who were disappointed that the work was to be deferred. She noted that officers were now working with the BMX club on improvements to the track at Tahunanui.

Resolved CL/2022/013

That the Council

1. Carries forward funding for the BMX track of $75,000 in 2021/22 to year 2024/25, to be considered in the Long Term Plan 2024-2034

2. Notes Tasman District Council is also carrying forward funding for the BMX track of $75,000 from 2021/22 to year 2024/25 to be considered in the Long Term Plan 2024-34.

Edgar/Courtney Carried

8. Mayor's Report

Document number R26668, agenda pages 20 - 21 refer.

Her Worship the Mayor assumed the Chair.

She expressed deep concern at the invasion of Ukraine and the stress and anxiety this was causing for the Ukrainian community in Nelson.

Mayor Reese acknowledged the enormous contribution health workers were making across New Zealand during the two years of COVID, noting the current Omicron peak would put added stress on the system.

Attendance: Councillor Noonan returned to the meeting at 9.26a.m.

Resolved CL/2022/014

That the Council

1. Receives the report Mayor's Report (R26668);

Her Worship the Mayor/Edgar Carried

9. Status Report – Agenda Item 10

Document number R26666, agenda pages 27 - 64 refer.

Her Worship the Mayor Reese vacated the Chair and Deputy Mayor Edgar assumed the Chair.

Resolved CL/2022/015

That the Council

1. Receives the report Status Report - Council (R26666) and its attachment (A1168168).

Lawrey/Sanson Carried

The meeting adjourned from 9.43a.m. until 10.00a.m.

10. Nelson Tasman Business Trust Presentation of Annual Report 2021 – Agenda Item 9

Document number R26526, agenda pages 22 - 26 refer.

Robert Panzer (Chairperson), Sarah Holmes (Manager) and Rasam Moghimi (Business Development Manager) from the Nelson Tasman Business Trust provided a presentation on the Trust’s 2021 Annual Report (A2853897).

The Trust thanked the Council for supporting business enterprises by including funding in the Long Term Plan.

Resolved CL/2022/016
	*That the Council* 1. Receives the report Nelson Tasman Business Trust Presentation of Annual Report 2021 (R26526) and its attachment (A2824428)
Noonan/Skinner Carried
	Attachments 1 A2853897 Nelson Tasman Business Trust Presentation

11. Options for the Annual Plan 2022/23

Document number R26534, agenda pages 65 - 88 refer.

Her Worship the Mayor Reese assumed the Chair. She noted that Council’s triennium priorities had been very valuable and built on the Long Term Plan (LTP) process to enable Council to come into the current annual plan process. The Quotable Value 73% increase in residential valuations had thrown a curve ball and the report addressed this with a suggestion to bring down the annual uniform general charge.

Her Worship the Mayor Reese vacated the Chair and Deputy Mayor Edgar assumed the Chair.

Group Manager Strategy and Communications, Nicky McDonald and Group Manager Corporate Services, Nikki Harrison presented the report and answered questions on the change to the commercial differential and the affect removing the three Waters operations may have on rates – noting this would impact the 2024-2034 LTP.

Chief Executive, Pat Dougherty answered questions on whether Council could consult and advised that if Council did consult staff would have to push back other work programmes as there was no resource to do a full Annual Plan consultation as well as maintaining existing consultation/engagement processes. He reiterated that there were no material changes to the Long Term Plan, therefore there would be little to consult on.

Mr Dougherty answered questions on the Civic House refurbishment project and advised a report would be brought to Council to revisit the business case, due to the impact of COVID and the hybrid working environment.

Ms Harrison and Ms McDonald confirmed that a communication plan was being prepared to explain that the 73% increase in residential valuations did not mean the equivalent increase in rates.

The meeting adjourned from 11.09am until 11.20a.m.

Resolved CL/2022/017

1. Receives the report Options for the Annual Plan 2022/23 (R26534) and its attachments (A2830485 and A2837769); and

2. Agrees to reduce the Uniform Annual General Charge from 13% to 11% from 1 July 2022; and

3. Agrees that the content of the Annual Plan 2022/23 does not include significant or material differences to year two of the LTP and therefore consultation on the Annual Plan 2022/23 will not be undertaken; and

4. Notes that there will be messaging prepared for the community on the content of the proposed Annual Plan 2022/23 and Council’s consultation decision, noting other matters Council is planning to engage the community on during the 2022 year; and

5. Notes that the final Annual Plan and rates resolutions for 2022/23 will be brought for adoption before the end of June 2022.

The motion was put and a division was called:

For

Cr Bowater

Cr Brand

Cr Courtney

Cr Edgar (alternate Chairperson)

Cr Fulton

Cr Lawrey

Cr O'Neill-Stevens

Cr McGurk

Cr Noonan

Cr Rainey

Cr Sanson

Her Worship the Mayor Reese (Chairperson)

Against

Cr Skinner

The motion was carried 12 - 1.

Her Worship the Mayor/Edgar Carried

12. Exclusion of the Public

It was noted Item 4 of the Confidential Agenda, Nelson City Bus Interchange - Proposed site, had been removed from the Agenda.

Resolved CL/2022/018

That the Council

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

Noonan/Fulton 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	Recommendation from Committees Chief Executive Employment Committee - 22 February 2022 Chief Executive's Remuneration Review 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
2	Status Report - Council - 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 · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Chief Executive's Draft Performance Agreement and Key Performance Indicators for 2021/22	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person

The meeting went into confidential session at 11.54a.m. and resumed in public session at 2.57p.m.

Karakia Whakamutanga

13. Restatements

It was resolved while the public was excluded:

Recommendation from Committee:

CONFIDENTIAL: Chief Executive's Remuneration Review 2021

1. Approves an increase to the Chief Executive’s existing base salary by 1.75% to $361,827.18 ($6,222.18) and the Total Fixed Remuneration to $372,682 to align, and keep pace, with the market median for both dimensions of the remuneration package; and

2. Retain Kiwisaver employer contribution at 3% base salary ($10,854.82); and

3. Agrees the decision be made publicly available.

CONFIDENTIAL: Chief Executive's Draft Performance Agreement and Key Performance Indicators for 2021/22

1. Receives the report Chief Executive's Draft Performance Agreement and Key Performance Indicators for 2021/22 (R26671); and

2. Approves the Chief Executive’s Performance Agreement A2021/22, with the inclusion of KPI 7: Organisational Transformation, noting the addition of managing Climate Change response and Resource Management Act changes (A2854343); and

3. Delegates Her Worship the Mayor and Deputy Mayor to finalise the Performance Agreement with the agreement of the Chief Executive; and

3. Agrees that the final Attachment (A2854343) and the Decision be released.

There being no further business the meeting ended at 2.58p.m.

Confirmed as a correct record of proceedings by resolution on (date)

Resolved

Nelson City Council Minutes - 23 March 2022

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Wednesday 23 March 2022, commencing at 11.01a.m.

Present: Her Worship the Mayor R Reese (Chairperson), Councillors Y Bowater, T Brand, M Courtney, J Edgar (Deputy Mayor), K Fulton, M Lawrey, R O'Neill-Stevens, B McGurk, 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 (T Kruger)

Apology: An apology has been received from Councillor G Noonan

Karakia and Mihi Timatanga

Her Worship the Mayor advised that Council required time for a briefing and adjourned the meeting at 11.03a.m.

The meeting reconvened at 11.45a.m.

1. Apologies

Resolved CL/2022/023

That the Council

1. Receives and accepts an apology from Councillor G Noonan.

McGurk/Bowater Carried

2. Confirmation of Order of Business

Her Worship the Mayor advised there was an additional speaker for Public Forum, Labour MP Rachel Boyack. She advised that the meeting would be adjourned to another date if business was not complete in the time made available.

Her Worship the Mayor advised of a Major Late Item for the Confidential part of the meeting, and that a resolution for the item to be considered would be passed after the lunch break, to provide members time to read the document.

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. The Nelson Accommodation Sector and Hospitality NZ - AirBnB and short-term accommodation providers

Document number R26731

Kim Odendaal, Hospitality NZ, Andrew Millener and Stacie Warren from and the Nelson Accommodation Sector spoke to a presentation (tabled A2859381) and answered questions on their proposal for rates income, a register of AirBnb properties, and resource consents.

Attachments

1 A2859381 Commercial Accommodation vs Short Term Rental Accommodation

4.2. Bev Webster - Airbnb in Aotearoa

Document number R26764

Bev Webster spoke to a presentation on her experiences as an Airbnb host (tabled A2860140) and answered questions on occupancy rates, insurance and confirmed the income was taxable.

Attachments

1 A2860140 Airbnb in Aotearoa Presentation

4.3. Rachel Boyack MP for Nelson

Document number R26766

MP for Nelson, Rachel Boyack spoke on Airbnb’s in Nelson, acknowledging the research Stacie Warren had completed. She asked Council to consider it’s responsibility to the existing accommodation sector to ensure fairness, and noted the impact renting entire houses for AirBnb had on the housing crisis.

The meeting adjourned at 12.42p.m. and resumed at 1.45p.m.

5 Major Late Item

Update on Chief Executive Employment Contract
Resolved CL/2022/024
	*That the Council* 1. Considers the Confidential item regarding Update on Chief Executive Employment Contract 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.
Edgar/Bowater Carried

6. Central Library Development - Community Engagement Strategy (Agenda Item 6)

Document number R26717, agenda pages 6 - 19 refer.

Library Redevelopment Project Manager, Alice Heather, presented the report, supported by consultant Shelley Crestani. They answered questions on the engagement strategy, confirming the strategy set the broad brush and the detailed plan would follow this, and that the work was included in the budget.

Group Manager Community Services, Andrew White, noted the decision being sought was to approve the strategy which was the first stage of the engagement. It focused on developing the information to establish a brief for the concept, and to open the conversation for future planning.

Ms Heather and Mr White answered further questions on climate change, sustainability objectives, timing of engagement and further engagement as the project moved forward.

Attendance: Councillor O'Neill-Stevens left the meeting at 2.30p.m.

Resolved CL/2022/025

That the Council

1. Receives the report Central Library Development - Community Engagement Strategy (R26717) and its attachment (A2853918); and

2. Approves the Central Library Development Community Engagement Strategy as set out in report (R26717) and its attachment (A2853918); and

3. Delegates any minor amendments to the Chair, Her Worship the Mayor, and Group Manager Community Services.

Edgar/McGurk Carried

7 Exclusion of the Public

	Prior to moving into the confidential session, the Chairperson asked that all present for the confidential session confirm that they were in a confidential space where they could not be overlooked or overheard.
	Resolved CL/2022/026
			*That the Council* 1. Excludes the public from the following parts of the proceedings of this meeting. 1. 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:
				Her Worship the Mayor/Edgar 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)
2		Restraint of trade approval		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)
4		Update on Chief Executive Employment Contract		Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person

The meeting went into confidential session at 2.36p.m. and resumed in public session at 2.50p.m. at which time the meeting was adjourned to be reconvened on Thursday 24 March 2022 at 11.45a.m.

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Reconvened via Zoom on Thursday 24 March 2022, commencing at 11.52a.m.

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 (K McLean)

Apology: An apology has been received from Councillor G Noonan

Karakia Timatanga

Resolved CL/2022/023

That the Council

2. Receives and accepts an apology from Councillor G Noonan.

McGurk/Bowater Carried

8. On-Line Accommodation Providers (Agenda Item 7)

Document number R26576, agenda pages 20 - 36 refer.

Group Manager Environment, Clare Barton presented the report and responded to questions raised by speakers in Public Forum. She confirmed the rules (providing accommodation for more than four guests, no owner on the site) being referred to were pre-existing in the Nelson Regional Management Plan (NRMP), circa 2000, and were not designed specifically for online accommodation providers. A speaker had asked that the rule be applied to whole of house rentals, however this would be difficult to enforce as addresses were not available, information on the guest numbers would need to be requested, and reinforcing rules based on trade competition could not be considered under the Resource Management Act. She advised that other matters raised regarding mobility, healthy homes and fire regulations were a matter for Central Government legislation and not matters that Council could alter. However Council could seek a determination of commercial status through the Ministry for Business, Innovation and Employment.

Group Manager Corporate Services, Nikki Harrison confirmed that Council would not receive more income from rates and any changes to rating charges would require Rates review and a special consultative procedure.

Ms Barton confirmed that it was possible to do a Plan Change and noted that Christchurch City Council were currently working through this, with a lot of push back. Council could provide further education on the rule for the requirement of a resource consent if accommodation was being provided for more than four people visiting at any one time. She confirmed, should Council prefer Option 3 (proactively enforce the NRMP only) and resolve to actively enforce, an additional 1.5FTE would be required, noting that this was confined to the resource consent process.

Councillor Skinner moved Option 2 (proactively enforce the NRMP and apply a higher rate to the property) seconded by Councillor Brand.

Attendance: Councillor Edgar left the meeting from 12.30p.m. until 12.38p.m.

The meeting adjourned from 12.55p.m. until 2.05p.m.

That the Council

1. Receives the report On-Line Accommodation Providers (R26576) and its attachment (A2615399); and

2 Agrees to take steps to be able to proactively enforce and act on the Nelson Resource Management Plan we already have in place on this matter

3. Agrees to take steps to make changes to apply higher rates for those properties that are renting out their entire site as an Online Accommodation Provider.

Skinner/Brand

The motion was put and lost

Councillor McGurk moved a recommendation to request reports for further investigation, seconded by Councillor Courtney.

That the Council

1. Receives the report On-Line Accommodation Providers (R26576) and its attachment (A2615399); and

2 Requests a report from the Chief Executive on the resourcing requirements to proactively enforce the current standards in the NRMP in relation to stand alone on-line accommodation providers

3 Requests a further report on the steps required to amend rating policy to achieve consistency between on-line accommodation providers and other commercial accommodation operators.

4. Agrees to correspond with the Chief Executive of the Ministry for Business, Innovation and Employment and request Central Government provide a consistent nationwide approach to regulation (including building regulation) and charging/taxing for On-Line Accommodation Providers.

McGurk/Courtney

The motion was put and lost.

Councillor O’Neill-Stevens moved Option 3, with a request for further information and engagement.

Resolved CL/2022/027

That the Council

1. Receives the report On-Line Accommodation Providers (R26576) and its attachment (A2615399); and

2. Directs staff to initiate proactive enforcement for Online Accommodation Providers under the NRMP, including education and publicization of existing rules; and

3. Requests staff bring a report to a future council meeting on rating options for Online Accommodation Providers; and

4. Agrees to correspond with the Chief Executive of the Ministry for Business, Innovation and Employment and request Central Government urgently provide a consistent nationwide approach to regulation (including building regulation) and charging/taxing for On-Line Accommodation Providers.

5. Notes that if additional resources are required to initiate proactive enforcement then a report will be bought to a future council meeting for approval of funding.

O'Neill-Stevens/Sanson Carried unanimously

9. Mayor's Report

Document number R26735

There was no Mayor’s report.

10 Additional Major Late Item

Housing Reserve Grant.
Resolved CL/2022/028
	*That the Council* 3. Considers the Confidential item regarding Housing Reserve Grant 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.
Her Worship the Mayor/Edgar Carried

11. Exclusion of the Public

Prior to moving into the confidential session, the Chairperson asked that all present for the confidential session confirm that they were in a confidential space where they could not be overlooked or overheard.

Resolved CL/2022/029

That the Council

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

3. 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:

Edgar/Bowater Carried

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Māori Representation - nominations

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

Housing Reserve Grant

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 3.13p.m. and resumed in public session at 4.06p.m.

Karakia Whakamutanga

12. Restatements

It was resolved while the public was excluded:

1	CONFIDENTIAL: Restraint of trade approval
	Agrees that the report (R21448) and its attachments (A2854899 and A2854910) and the decision remain confidential at this time.

CONFIDENTIAL: Māori Representation - nominations

Agrees that Report (R26750), Attachment A2337456, and the decision only be made publicly available following the whakatau and completion of the appointment process; and

Agrees that Attachment A2857387 remain confidential at this time

3	CONFIDENTIAL: Update on Chief Executive Employment Contract
	Agrees that Report (R26776), and the decision remain confidential at this time

CONFIDENTIAL: Housing Reserve Grant

Agrees that the decision only be made publicly available once negotiations are concluded; and

Agrees that Report (R26779) remain confidential at this time.

There being no further business the meeting ended at 4.06p.m.

Confirmed as a correct record of proceedings by resolution on (date)

Resolved

Nelson City Council Minutes - 21 April 2022

Minutes of an extraordinary meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Thursday 21 April 2022, commencing at 9.00a.m.

Present: Deputy Mayor J Edgar (Chairperson), Her Worship the Mayor R Reese, Councillors T Brand, M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner

In Attendance: Team Leader Governance (R Byrne)

Apologies: Apologies have been received from Councillors M Courtney and Y Bowater

Her Worship the Mayor Reese handed the chair to Deputy Mayor Edgar.

Karakia and Mihi Timatanga

1. Apologies

Resolved CL/2022/036

That the Council

1. Receives and accepts the apologies from Councillorsw M Courtney and Y Bowater.

McGurk/Lawrey Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Mayor's Report

Document number R26842

Her Worship the Mayor Reese thanked the Deputy Mayor for preparing the matter for decision making, and thanked members for making the time to attend the extraordinary meeting.

6. Exclusion of the Public

Resolved CL/2022/037

That the Council

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

Brand/Noonan 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)

Recommendation from the Chief Executive Employment Committee - Chief Executive Review

Section 48(1)(a)

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

The withholding of the information is necessary:

· Section 7(2)(a)

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

The meeting went into confidential session at 9.14a.m. and resumed in public session at 10.32a.m.

7. Restatements

It was resolved while the public was excluded:

1	CONFIDENTIAL: Recommendation from the Chief Executive Employment Committee - Chief Executive Review
	Agrees that Report R26840, Attachments (A2874619 and A2874629) and Decision remain confidential at this time.

There being no further business the meeting ended at 10.32a.m.

Confirmed as a correct record of proceedings by resolution on (date)

Resolved

Item 8: Proposal to Amend the National Environmental Standards for Sources of Human Drinking Water - Submission to Ministry for the Environment.

Council

10 May 2022

REPORT R26724

Proposal to Amend the National Environmental Standards for Sources of Human Drinking Water - Submission to Ministry for the Environment.

1. Purpose of Report

1.1 To retrospectively approve the Nelson City Council’s submission to the Ministry for the Environment on their proposal to amend the current National Environmental Standards for Sources of Human Drinking Water (NES-DW).

2. Summary

2.1 The Ministry sought feedback on a proposal to make changes to the NES-DW via a consultation document (https://environment.govt.nz/assets/publications/nes-dw-consultation-document.pdf ). Consultation opened on 10 January 2022 with submissions closing on 6 March 2022.

2.2 Feedback to the Ministry was developed in consultation with the Chairs’ of the Environment and Climate and Infrastructure Committees and submitted on behalf of Nelson City Council. As the submission crossed the responsibilities of both committees’ retrospective approval of the submission is sought from Council.

2.3 The submission prepared by Nelson City Council officers can be found in Attachment 1 (A2843003).

3. Recommendation

That the Council

2. Approves retrospectively the Nelson City Council submission to the Ministry for the Environment (A2843003 - Attachment 1 of Report R26724).

4. Background

4.1 The Havelock North drinking water contamination incident in August 2016 led to a central government inquiry into the causes of the failure. The inquiry recommended a comprehensive suite of reforms for the drinking water environment. This review also found significant problems with the NES-DW in its current form and recommended a full review.

4.2 The NES-DW sets the requirements for protecting sources of drinking water from contamination. These requirements guide councils in the development of plans and rules for activities in, on and around sources of drinking water.

4.3 The Ministry is in the early stages of the review of the NES-DW and has sought feedback from interested parties on key proposals that are being considered for incorporation into any replacement document.

5. Discussion

5.1 The proposed changes are aimed at ensuring risks to source water are addressed in a straightforward, comprehensive and consistent manner. The proposal includes:

5.1.1 standardising the way source water areas are defined;

5.1.2 strengthening regulation of activities around water sources; and

5.1.3 including more water suppliers under the NES-DW.

5.2 Nelson City Council’s submission endorsed the proposal to amend the current NES-DW. Feedback was provided on:

5.2.1 The mapping, delineation, and controls for Source Water Risk Management Plans.

5.2.2 Groundwater bore management.

5.2.3 Managing activities over vulnerable aquifers.

5.2.4 Retrospective application of the NES-DW to existing activities.

5.2.5 Effects on and risks to source water.

5.2.6 Proactive response planning for accidental contamination.

5.2.7 Water supplier involvement in the consent process.

5.2.8 Scope and application of the NES-DW.

6. Options

6.1 Two options are presented to the Council - to either retrospectively support the submission or not to support the submission. Officers recommend Option one.

Option 1: Retrospectively approve the submission to the Ministry for the Environment on their proposal to amend the current National Environmental Standards for Sources of Human Drinking Water (recommended option)
Advantages	· Signals support for changes to the way Water Services are regulated across the country. · Supports the Ministry for the Environment in their proposed vision and goals for the protection of sources of human drinking water.
Risks and Disadvantages	· None.
Option 2: Do not retrospectively approve the submission to the Ministry for the Environment on their proposal to amend the current National Environmental Standards for Sources of Human Drinking Water
Advantages	· None.
Risks and Disadvantages	· Lack of a clear position statement on national consistency in the protection of sources of human drinking water if the submission is withdrawn.

7. Next Steps

7.1 The Ministry will consider the feedback provided in the submissions and use it to refine the proposed changes to the NES-DW before they are redrafted and gazetted later in 2022.

Author: Alec Louverdis, Group Manager Infrastructure

Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1: A2843003 National Environmental Standards for Sources of Human Drinking Water - Nelson City Council Submission. ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The submission is aligned with the purpose of Local Government in enabling “democratic decision-making and action by, and on behalf of, communities” as it reflects the views of Council acting in its role as a regional council regulator and a drinking water supplier. The submission responds to Council’s broad role in ‘promoting the social, economic, environmental and cultural well-being of the community’ by engaging with central government to ensure that water supply regulation is carried out efficiently (without duplication and waste of resources) and to the benefit of everyone in the community.

2. Consistency with Community Outcomes and Council Policy

The recommendations in this report support the following Nelson City Council Community Outcomes – “Our unique environment is healthy and protected”; “Our infrastructure is efficient, cost effective and meets current and future needs”; “Our communities are healthy, safe, inclusive and resilient” and “Our region is supported by an innovative and sustainable economy”.

3. Risk

Any new NES-DW has the potential to directly impact the current regulation of activities in, on and around sources of human drinking water as well as the operation of the Council’s drinking water activity.

4. Financial impact

Any new NES-DW may require Council to make changes to the Nelson Resource Management Plan which in turn could potentially change the regulatory environment for any activities in the water supply catchments that are not directly related to the city water supply. There will likely be an increased cost to council from carrying out any required plan changes as well as to applicants for future resource consents in this area.

5. Degree of significance and level of engagement

This matter is of low- medium significance at this stage because it only provides feedback to the Ministry for the Environment in the early stages of any changes to the current NES-DW. The general public as well as regional councils and drinking water suppliers were able to provide feedback to the Ministry for the Environment. Future engagement with the public is also expected when a new NES-DW is drafted and changes are made to the Nelson Resource Management Plan.

6. Climate Impact

The proposal to amend the NES-DW does not directly address climate change issues.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The Council has the following power to consider cross-committee items.

Areas of Responsibility:

5.1.5 Where matters relate to the areas of responsibility of more than one committee, subcommittee or subordinate decision-making body, the matter will be considered a cross-committee item. Instead of being considered by one or more committees, subcommittees or subordinate decision-making body, the matter will be considered by Council directly.

Item 9: Nelson Regional Development Agency Six Month Report - July - December 2021

Council

10 May 2022

REPORT R26701

Nelson Regional Development Agency Six Month Report - July - December 2021

1. Purpose of Report

1.1 To provide the Nelson Regional Development Agency’s (NRDA) six month report for the period 1 July to 31 December 2021.

2. Recommendation

That the Council

1. Receives the report Nelson Regional Development Agency Six Month Report - July - December 2021 (R26701) and its attachment (A2855269).

3. Summary

3.1 The 2021/2024 Statement of Intent for the NRDA was approved by Council on 1 July 2021 and provided a new Strategic Framework Model for the agency.

3.2 Of the 2021/2022 Key Performance Indicators, 41 of the 45 are reported as ‘on track’. Four targets are reported as ‘at risk’ or ‘not met’ with two as a result of COVID-19, and two being funding related.

3.3 The NRDA Chair Meg Matthews, Chief Executive Fiona Wilson, and the NRDA management team will attend the meeting to answer any questions about the six month report (Attachment One: A2855269).

4. Discussion

Economic Overview of Nelson in 2021

4.1 Provisional GDP estimates, provided by economic consultancy Infometrics, show that Nelson’s economy grew 5.3% in the year to December 2021, compared to 5.5% nationally. Both figures are artificially high as they are compared to 2020, which featured a ‘hard initial hit’ from COVID-19.

4.2 Employment grew 0.6% over the year to December 2021. Infometrics note that this reflects Nelson’s ageing population, with the 65 years and older population growing 8.5% since 2019 while the 18 to 64 age group has grown by 1.8%. The number of Nelson residents on Jobseeker Support has held throughout 2021 at 1,800, which is above the pre-pandemic level of around 1,500.

4.3 Nelson house prices grew 22.8% per annum (to December 2021) to reach an average value of $862,800. Infometrics expects this to ease in coming quarters as tighter credit conditions and higher interest rates limit growth. New dwelling consents continue to be issued at a steady rate.

4.4 Consumer spending grew 5.0% in Nelson over the year to December 2021, lagging Tasman’s growth of 7.0%. Tourism spending in Nelson grew strongly to 7.2% in Nelson in the year to December 2021, ahead of the national growth of 3.9%. However, Infometrics outlined that guest nights at commercial accommodation providers were down 26% in the December 2021 quarter compared to the same time in 2020, which is reflective of the Auckland lockdown.

NRDA Strategic Priority Activity Areas

4.5 Throughout the July to December 2021 period, the NRDA has continued to support businesses during the significant uncertainty due to COVID-19. This included maintaining an adaptive response, one-on-one support, marketing campaigns and industry capability workshops. The NRDA has actively engaged 45 businesses during this period through the Business Support Programme with a further 150 enquiries through the last COVID-19 lockdown.

4.6 The 2021/2024 Statement of Intent includes four strategic priority activity areas for the NRDA:

4.6.1 Economic strategy and innovation

4.6.2 Industry sector resilience

4.6.3 Investment Attraction and Promotion

4.6.4 Business and workforce development.

Economic Strategy and Innovation

4.7 The NRDA has been leading the oversight, delivery, and reporting of the Nelson Tasman Regeneration Plan 2021-2031 (Project Kōkiri 2.0) through the Project Kōkiri Leadership Group. The agreement with Nelson City and Tasman District councils are for this Plan to be finalised in Quarter 1 2022.

4.8 The NRDA has maintained regional economic monitoring through an extended quarterly insights report which includes Infometrics data, Nelson Tasman Business survey findings, and business profiles.

4.9 Other work in the Economic Strategy and Innovation priority focus area includes supporting the Te Tauihu Māori Economy through partnership and engagement as well as the Economic Intelligence through data and insights.

Industry Sector Resilience

4.10 Key focus areas for the NRDA include Food and Beverage, Horticulture, Blue Economy and Information Technology. Additionally, the NRDA has been providing regular information to regional businesses on climate change and engaged with climate action groups to explore opportunities to support industry solutions to reduce carbon footprints.

4.11 Destination Management and Planning for the Tourism sector is centred on social, cultural and environmental sustainability to ensure long term economic sustainability. Funding from the Ministry of Business Innovation and Employment (MBIE) has been secured for the first year’s implementation of the Destination Management Plan.

Investment Attraction and Promotion

4.12 The NRDA has extended and updated the regional identity to reflect the changing environment post COVID-19. The identity now builds on strong business, investment and talent which focuses on the region’s strengths such as innovation, science and research, and technology.

4.13 NRDA led the coordinated regional response to the Kanoa Strategic Partnership Fund and facilitated discussions for Te Tauihu to identify agreed regional strategic investment priorities. The first stage of submissions was agreed to by MBIE in December 2021. Regional strategic investment priorities continue to be refined to inform the Nelson Tasman Regeneration Plan.

4.14 Other work in the Investment Attraction and Promotion priority includes the Science and Technology Precinct, Oceans Economy, building regional profile, campaigns such as “Pick Nelson Tasman,’ and delivery of the Events Fund.

Business and Workforce Development

4.15 The NRDA continues to deliver the Regional Business Partner Programme which supports 300 businesses per year through various business development activities. The closed boarders due to COVID-19 resulted in larger volumes of enquiries from tourism, hospitality and accommodation businesses.

4.16 The NRDA works with the Regional Skills Leadership Group in the development of the Regional Workforce Development Plan and supports projects such as the Youth Enterprise Scheme and Nelson Tasman Innovation Neighbourhood.

4.17 Engagement with schools continues through the Education to Employment programme which informs students about vocational pathways in the region.

Performance against Key Performance Measures

4.18 As noted at 3.2 above, forty-one of the NRDA’s Key Performance Measures listed in the business plan are reported as on track against. The NRDA has provided the below update on the other four measures

4.18.1 Eighty events held at the Mahitahi Colab with 2500 total attendees – At risk - This target is directly impacted by COVID-19 restrictions.

4.18.2 Regional events deliver over $15 million of value to the regional economy – At risk – This target is directly impacted by COVID-19 restrictions and event cancellations and rescheduling.

4.18.3 iSITE Model – Target not met – Discussions are ongoing between the Council and the NRDA on the future of the iSITE.

4.18.4 Future Destination Management funding model identified in February 2022, implemented by June 2022 – Target not met – the national approach is ongoing and Government funding post August 2022 is as yet unconfirmed.

5. Conclusion

5.1 Between July and December 2021, the NRDA has continued to focus on supporting businesses through COVID-19 and made progress on the four strategic priority areas. The six monthly report shows it is on track to meet over 90% of its Key Performance Measures.

Author: Pip Jamieson, Manager Strategy

Attachments

Attachment 1: A2855269 - Nelson Regional Development Agency Six Month Report July to December 2021 ⇩

Item 10: Nelson Regional Development Agency Statement of Intent 2022/2023

Council

10 May 2022

REPORT R26709

Nelson Regional Development Agency Statement of Intent 2022/2023

1. Purpose of Report

1.1 To seek Council approval for the Nelson Regional Development Agency (NRDA) Statement of Intent (SOI) 2021-2024 as updated in March 2022.

2. Summary

2.1 The NRDA has provided an updated SOI for Council consideration for the 2022/23 period. The NRDA has a three year SOI covering the 2021-2024 period, which has previously been approved by Council. The NRDA is required to provide an annual SOI which updates the previously approved work programme for approval by Council.

3. Recommendation

That the Council

1. Receives the report Nelson Regional Development Agency Statement of Intent 2022/2023 (R26709) and its attachment (A2855278); and

2. Agrees that the Nelson Regional Development Agency Statement of Intent 2022/23 meets Council’s expectations and is approved as the final Statement of Intent for 2022/23.

4. Background

4.1 The NRDA, along with other Council Controlled Organisations (CCOs), must submit a draft SOI annually indicating its proposed activities for the following year. Schedule 8 of the Local Government Act 2002 outlines the purpose of a SOI, what is to be included and how it is to be approved. The draft SOI 2022/23 prepared by the NRDA, in collaboration with Council, is attached (Attachment One: A2855278). The SOI supplied by the NRDA is compliant with the legislation.

4.2 At its meeting of 18 March 2021 Council approved a three-year SOI for the NRDA. This is the first time the NRDA SOI covers a three-year period, which is intended to enable longer term planning, and this is the first update of the SOI which reflects changes to the work programme. This SOI needs to be updated every year, however Council does not need to provide further Letters of Expectation unless the strategic direction required changes substantially.

4.3 The updated SOI focuses on long term outcomes such as achieving a regenerative, productive, inclusive, resilient, and creative economy. Strategic priorities include integrating climate change, wellbeing, and economic resilience across work programmes. The Nelson Tasman Regeneration Plan 2021-2031 (Project Kōkiri 2.0) remains a key focus. Support for sector transitions, Māori economic development and economic insights and analysis continue.

4.4 The NRDA continues to collaborate across a range of sectors to respond to central government policy priorities regarding industry transformation, migration settings regarding seasonal labour, climate change adaptation and mitigation including just transitions, the importance of the Māori economy, and technology change.

4.5 The NRDA Chair Meg Matthews, Chief Executive Fiona Wilson, and the NRDA management team will attend the meeting to answer any questions about this SOI.

5. Discussion

Changes outlined in SOI 2022/2023

5.1 This SOI is an update to the full three year 2021-2024 SOI and includes technical updates, changes to language, updated data/economic information, and emerging opportunities. It reflects findings from the 2021/22 period. Updates in the SOI 2022/2023 are outlined below.

COVID-19

5.2 The SOI 2022/2023 acknowledges the need to maintain responsiveness in the operating environment due to COVID-19.

Change of Language

5.3 Moving language from ‘recovery’ to ‘working to support through the ongoing impacts of COVID-19.

5.4 ‘Visitor’ in place of ‘Tourist’ to reflect the increased importance of domestic tourism.

Data and economic information

5.5 This has been updated to include 2021 information and references in line with extended/new and current economic profiling.

Key Performance Measures

5.6 Additions have been made to some key performance measures to support emerging opportunities and Business Plan targets which were finalised post the adoption of the SOI 2021-2024. Some adjustments have been made to the Strategic Framework based on an updated and ‘realistic’ lens.

5.7 References have been included to emerging opportunities such as the Oceans Economy, Te Tauihu Film and the Productivity Project.

Resourcing and Funding

5.8 Findings from 2021 work and new information have been used to inform adjustments in resource allocations. For example, adjustments to support separate programmes for Horticulture and Food and Beverage have been made to move towards a combined focus on the Food and Fibre sector.

5.9 The SOI 2022/2023 highlights that the funding situation continues to be key to programme delivery.

5.10 The SOI update includes reference to areas of funding uncertainty. Resource implications from emerging opportunities and 2021 funds are through adjustment of existing resources and do not involve any change to overall resource levels.

5.11 The iSITE model is still under review with Council at the time of writing the SOI update.

5.12 The E2E funding is confirmed to June 2023 but the Regional Business Partnership future funding is unconfirmed post July 2022 at the time of writing the SOI update.

Strategic Framework

5.13 The SOI provides the Strategic Framework Model for the NRDA. The four strategic priority activity areas are:

5.13.1 Economic strategy and innovation

· Strategic economic development

· Te Tauihu Māori economy

· Economic intelligence

5.13.2 Industry sector resilience

· Sector transitions and growth

· Visitor sector regeneration

5.13.3 Investment attraction and promotion

· Regional identity and proposition

· Investment attraction

· Destination profiling

· Strategic events

5.13.4 Business and workforce development

· Workforce and skills development

· Business innovation

5.14 Changes to the Strategic Framework in the updated SOI are:

Current (SOI 2021-2024)	Change (SOI 2022/2023)
Supporting industry transformation	Supporting industry growth, capacity and regeneration
Outputs: Sector Transitions and Growth	Targets sector support initiatives
Outcomes: Nelson Tasman has a zero-carbon circular economy	Nelson Tasman is a national leader in progress towards a zero-carbon economy
Vulnerable communities have greater access to employment opportunities	Vulnerable communities are supported to have access to employment opportunities through clear partnerships in place between the range of regional agencies.

Draft SOI reviewed by Chair and Independent member of Audit, Risk and Finance subcommittee

5.15 Independent subcommittee members John Peters and John Murray, alongside Council staff, reviewed the draft SOI on 21 March 2022. It was noted that financial information and additional information around risks were required prior to the draft SOI coming to Council for adoption. These comments were passed onto the NRDA. This information has been provided in the draft SOI for Council adoption.

5.16 Mr Peters and Mr Murray also highlighted the different funding levels provided by Nelson City and Tasman District councils. It was noted this is not a new issue but given inflationary pressures a fixed contribution by Tasman District Council needs to be reflected in the NRDA’s work programme. The NRDA recognises that this has been noted previously and that additional support from Tasman District Council to enable service delivery of Project Kokiri 2.0 could be on a more equitable level of funding to Nelson City Council.

6. Options

6.1 Council can approve the SOI or provide feedback to the NRDA in respect of changes to the SOI.

6.2 If Council does not approve the SOI, then it must take all practicable steps under Clause 5 of Schedule 8 of the Local Government Act to modify the SOI.

Option 1: Approves the SOI (Recommended option)
Advantages	· Gives clarity to the NRDA and Council on direction for 2022/2023
Risks and Disadvantages	· None identified
Option 2: Does not approve the SOI and modifies the SOI under Clause 5 of Schedule 8 of the Local Government Act
Advantages	· Allows Council to set a different direction
Risks and Disadvantages	· Lack of clarity for the NRDA and Council · Creates uncertainty in the relationship between Council and the NRDA · Creates inconsistency with the already approved three year 2021-2024 SOI

7. Conclusion

7.1 Officers are of the opinion that the draft SOI adequately aligns with Council expectations and can be adopted as the final SOI for 2022/23.

8. Next Steps

8.1 If agreed, officers will advise the NRDA that the SOI is approved. If not agreed, officers will advise of necessary changes to the SOI.

Author: Pip Jamieson, Manager Strategy

Attachments

Attachment 1: A2855278 - Nelson Regional Development Agency - Statement of Intent 2022/2023 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Section 64 of the Local Government Act requires the adoption of a Statement of Intent for every CCO.

2. Consistency with Community Outcomes and Council Policy

The recommendation algins with the following Community Outcomes:

· 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

There is still a large degree of uncertainty in regard to COVID-19 and the impact on the economic outlook and recovery for Nelson Tasman. These risks need to be managed and are built into the approach taken by the NRDA.

Aspects of the SOI are dependent on the nature of central government funding supporting being made available. Continued support from partners and stakeholders, such as Council and businesses, is critical to the successful delivery of the SOI.

4. Financial impact

There are no new financial implications arising from the recommendations in this report.

5. Degree of significance and level of engagement

The adoption of the SOI is of low significance to the community, business, and iwi as this is an update of the 2021-2024 SOI.

6. Climate Impact

The NRDA acknowledge that climate change is one of the major risks facing the region. Components of delivering on the necessary transition towards a low carbon and more resilient economy are factored into the work of the NRDA.

Several key activities to deliver in the areas of climate change and sustainability are included in the SOI.

7. Inclusion of Māori in the decision making process

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

8. Delegations

Council retains all responsibilities, powers, functions and duties in relation to governance matters for the following items:

· Regional economic development, including Nelson Regional Development Agency and Uniquely Nelson.