Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 10 May 2022, commencing at 9.09a.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), Team Leader Governance (R Byrne) and Governance Adviser (T Kruger)
Apology: Nil
Karakia and Mihi Timatanga
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
Her Worship the Mayor advised that the Chief Executive had withdrawn Item 10: Nelson Regional Development Agency Statement of Intent 2022/2023 from the Agenda, noting there were some details to finalise and it would be brought to the June Council meeting.
Her Worship the Mayor advised of a late item for the confidential part of the meeting, and that the following resolution needed to be passed for the item to be considered:
2.1 Mayor's Report - Leave of Absence
|
|
1. Considers the confidential item regarding Mayor’s Report - Leave of Absence 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. |
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
There was no public forum.
5.1 17 February 2022
Document number M19236, agenda pages 13 - 19 refer.
|
|
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
Document number M19293, agenda pages 20 - 28 refer.
|
|
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
Document number M19349, agenda pages 29 - 39 refer.
|
|
1. Confirms the minutes of the meeting of the Council, held on 23 March 2022, as a true and correct record. |
5.4 21 April 2022 - Extraordinary Meeting , agenda pages 40 - 42 refer.
|
|
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)
|
Recommendation to Tasman District and Nelson City Council CL/2022/043 |
|
|
|
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
|
|
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
|
|
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
The recommendation was taken in parts.
|
|
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 Carried 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
|
|
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. |
6.4.3 Tahunanui Catchment 4 Stormwater
|
|
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
Group Manager Environment, Clare Barton, and Manager Environment, Maxine Day, answered questions on signage, cats, consequences of the Bylaw not be passed and confirmed that the Bylaw had been legally reviewed, including whether it met the requirements of the Bill of Rights.
The meeting was adjourned 10.20a.m. at which time Councillor Sanson left the meeting.
The meeting reconvened at 10.45a.m.
In response to a question on whether a member could vote if they had not attended the Environment and Climate Committee meeting, Manager Legal Services, Fiona McLeod, confirmed that all members had the capacity to vote. She noted it was important that they were well informed about issues raised by submitters and the officers response to those issues, which was set out in the deliberations report, and that there was a link to the report in the agenda.
|
|
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.
|
|||||||||
Attendance: Councillor Sanson joined the meeting at 10.54a.m.
7. Proposal to Amend the National Environmental Standards for Sources of Human Drinking Water - Submission to Ministry for the Environment. (Agenda Item 8)
Document number R26724, agenda pages 52 - 69 refer.
In response to a question on small water supplies, Chief Executive, Pat Dougherty, advised that initially the focus would be prioritised on larger supplies and this would be indicated in the submission.
|
|
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). |
8. Nelmac Limited Six Month Report to 31 December 2021 (Agenda Item 11)
Document number R26683, agenda pages 163 - 172 refer.
Chief Executive Jane Sheard, Board Member Robb Gunn, and Chief Financial Officer Lindsay Coll (via Zoom) were in attendance to present the Nelmac Ltd report and answered questions on the divestment of the refuse business and impacts of COVID.
Attendance: Councillor Sanson left the meeting 10.55a.m.
Jane Sheard spoke to the initiatives for increasing and retaining their workforce, these included apprenticeships, mentorship, Jobs for Nature, long induction programmes, flexible working and no age limit.
Attendance: Councillor Sanson joined the meeting at 11.21a.m.
|
|
1. Receives the report Nelmac Limited Six Month Report to 31 December 2021 (R26683) and its attachment (A2848711). |
|
Jane Sheard, Rob Gunn and Lindsay Coll of Nelmac, were in attendance for Item 4 of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed: |
|
|
|
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 4 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. |
|
Brand/Courtney Carried |
|
|
|
1. Excludes the public from the following parts of the proceedings of this meeting. 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) |
|
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) |
The meeting went into confidential session at 11.25a.m. and resumed in public session at 12.22p.m. at which time the meeting adjourned.
The meeting reconvened at 1.04p.m. at which time Councillor Sanson was not present.
10. Nelson Regional Development Agency Six Month Report - July - December 2021 (Agenda Item 9)
Document number R26701, agenda pages 70 - 104 refer.
Manager Strategy, Pip Jamieson, presented the report.
Chief Executive Fiona Wilson, Chair Meg Matthews, Board Member Hugh Morrison and NRDA staff Tracee Nelson, Marg Macguire, and Toni Power were in attendance to answer questions and spoke to a presentation (tabled A2885960).
Ms Wilson answered questions on opportunities for the creative sector, promoting the region as an attractive remote working location and encouraging people to return to the city centre.
Attendance: Councillor Sanson joined the meeting at 1.48p.m.
|
|
1. Receives the report Nelson Regional Development Agency Six Month Report - July - December 2021 (R26701) and its attachment (A2855269). |
|
1 A2885960 NRDA Presentation |
|
11. Nelson Regional Development Agency Statement of Intent 2022/2023
Document number R26709, agenda pages 105 - 162 refer.
The Chief Executive withdrew this item from the Agenda.
12. Mayor's Report (Agenda Item 7)
Document number R26751, late items agenda pages 4 - 8 refer.
Her Worship the Mayor presented the report and advised Gisborne District Council (GDC) were seeking Council’s support for a proposed Remit on Gambling Harm to be submitted to the LGNZ AGM. Deputy Mayor Edgar had been in discussion with GDC to add a reference to a review of funding for charities, they had agreed to add:
“Advocate for a review of funding for charities and community organisations to lessen or remove the reliance on gaming machine trusts."
It was noted that this was a key piece of work to be completed alongside any changes to the Gambling Act as funds from gambling often went towards funding community organisations.
Her Worship the Mayor advised that two projects submitted to the Infrastructure Acceleration Fund were through to the final stage.
|
|
1. Receives the report Mayor's Report (R26751) and its attachments (A2883846 and A2883833); and 2. Supports Gisborne District Council’s proposed remit to Local Government New Zealand as set out in Attachment 1 (A2883846) and asks the Mayor to advise Gisborne District Council accordingly. |
|
|
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: |
|
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) |
|
5 |
Supplementary Information - |
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) |
|
9 |
Mayor's Report - Leave of Absence |
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 2.25p.m. and resumed in public session at 4.58p.m.
Karakia Whakamutanga
14. Restatements
It was resolved while the public was excluded:
|
4 |
Recommendations from Committee: Part of Forests Road - proposed road stopping |
|
|
Agrees that the decision will be publicly available once negotiations are concluded. |
|
|
Totara Street Requests for Proposal |
|
|
Agrees that Report (R26579), Attachment (A2838598) and the decision be made publicly available once negotiations are concluded. |
|
|
Nelmac Limited Draft Statement of Intent 2022/23 |
|
|
Agrees that Report (R26684), Attachment (A2848713) and the decision remain confidential at this time. |
|
5 |
Mayor's Report - Leave of Absence |
|
|
Agrees the Decision remain confidential at this time |
|
6 |
Supplementary Information - |
|
|
Agrees that this decision be made publicly available once the contract has been signed by all parties. |
|
7 |
Proposal to Purchase City Centre Property |
|
|
Agrees that report R26824 and the decision be made publicly available once a sale and purchase agreement becomes unconditional. |
|
8 |
Proposed Sale of part of Haven Road Property |
|
|
This item was deferred to the 19 May 2022 Council meeting. |
|
9 |
Proposal for property purchase for sea sports facility |
|
|
This item was deferred to the 19 May 2022 Council meeting. |
There being no further business the meeting ended at 4.59p.m.
Confirmed as a correct record of proceedings by resolution on 12 July 2022.
|
Resolved CL/2022/119 |
|
|
|
That the Council 1. Confirms the minutes of the meeting of the Council, held on 10 May 2022, as a true and correct record. |