Minutes of Council - 19 May 2022

Resolved CL/2022/074

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 Meg Matthews, Fiona Wilson, Toni Power, Tracee Nelson, Mark Maguire and Dave Johnston of NRDA remain after the public has been excluded, for Item 4 of the Confidential agenda (Options Investigation - regional visitor services), as they have knowledge relating to regional visitor services that will assist the meeting.

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

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:

Her Worship the Mayor/Edgar Carried

Options Investigation - regional visitor services

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)(c)(ii)

     To protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely otherwise to damage the public interest

·    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)

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Thursday 19 May 2022, commencing at 11.04a.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 Assistant Governance Adviser (A Bryce-Neumann)

Apologies : Nil

Karakia and Mihi Timatanga

1. Apologies

2. Confirmation of Order of Business

Her Worship the Mayor advised that the meeting would consider Confidential Agenda Item 4: Options Investigation - regional visitor services at 1.00pm in order to allow representatives of Nelson Regional Development Agency to attend. Other items may be taken out of order to facilitate a timely meeting.

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 R26897

Her Worship the Mayor Reese spoke about the noteworthy occasion attended that morning, the mihi whakatau to new Māori representative members to Council Committees.

She noted that members were made aware of the earthquake prone building status of Civic House and the old post office on 12 May. She noted this was a lot of information for Elected Members, staff and in particular those on Level 6 who had to vacate. Chief Executive, Pat Dougherty, advised an independent assessment would be undertaken in affected areas, and based on the risk assessment the building did not need to be closed.

Her Worship the Mayor advised that, to allow the Chief Executive time to provide answers to members questions, the matter would be discussed at the Audit, Risk and Finance Subcommittee meeting on 24 May.

The Mayor’s Report Item was adjourned and reconvened at Item 10 of the meeting at which time Registrations to the Local Government Commission AGM were discussed.

Attachments

1 A2891782 LGNZ AGM 2022 Registration

6. Order of candidate names on voting papers (Agenda Item 7)

Document number R26726, agenda pages 24 - 28 refer.

Resolved CL/2022/073

That the Council

1. Receives the report Order of candidate names on voting papers (R26726); and

2. Approves candidate names being presented in computerised random order for voting papers used in the 2022 triennial local election in Nelson, as well as any local government elections in Nelson through until 30 June 2025.

Edgar/Her Worship the Mayor Carried

7. Updated Options on Housing Plan Change Pathway (
Agenda Item 6)

Document number R26836, agenda pages 7 - 23 refer.

Manager Environment, Maxine Day presented the report with Principal Planner, Natasha Wilson, and legal adviser Kerry Anderson from DLA Piper were in attendance to answer questions.

Ms Day noted that she had changed the officers recommendation from the report put to the Environment and Climate Committee on 7 April. She now recommended Council use the standard Schedule 1 process as this was the most achievable given current resources, although it did present the largest risk of appeals at the end of the process.

Ms Day, Ms Wilson and Ms Anderson answered questions on:

· Intensification Streamlined Planning Process (ISPP);

o private plan change may need to be brought into Council’s plan change and be renotified.

o Prior consultation work resource heavy

o can only use the ISPP process once – government’s intention was to make a difference on housing capacity as soon as possible

o Legal effect takes place as soon as Council notified its plan change

· Streamlined Planning Process (SPP)

o Private Plan Change 29 (PPC29) would be the biggest the Ministry had dealt with, the Minister would want broader scope, consultation with other Ministries which would take a number of months and further consultation if requested

o Legal effect takes place on direction from the Minister and to items in the plan if no submission in opposition were received;

· Schedule 1 process.

o Risk of appeals – there are some mechanisms to try to minimise risk and extent of appeals.

o Legal effect takes place to items in the plan if no submissions in opposition were received.

· The Future Development Strategy and response to outcomes.

· Members’ correspondence from Nelson Tasman 2050 and introducing a proposal for medium density residential standards

· To retain an element of influence on design in the city centre it would be best to take a route other than ISPP

· Concerns about intensification occurring on low value land on the outskirts of the city

· How climate change adaptation and mitigation could be identified in the Plan Change.

The item was adjourned to consider an item in Confidential session.

8 Exclusion of the Public

The meeting went into confidential session at 12.22p.m. and resumed in public session at 1.51p.m.

9 Updated Options on Housing Plan Change Pathway (Reconvened)

During discussion members agreed that ISPP was not a preferred pathway and Ms Day provided an amended recommendation that clarified this and also requested an analysis of the Nelson Tasman 2050 housing provisions. Her Worship the Mayor Reese moved the officer’s amended recommendation, seconded by Councillor McGurk. An addendum motion was proposed by Councillor Fulton and Councillor Sanson, and was agreed to be taken separately.
Resolved CL/2022/075
	*That the Council* 1. Receives the report Updated Options on Housing Plan Change Pathway (R26836) and its attachment (MDRS Standards Model Factsheet 2022 A2879466); and 2. Agrees in principle that the Resource Management Act Schedule 1 Process is the preferred planning pathway for Housing Plan Change 29; and 3. Notes that Council does not support the Intensification Streamlined Planning Process for Housing Plan Change 29; and 4. Requests officers undertake an analysis of the housing provisions put forward by Nelson Tasman 2050 and presents Council with options for inclusion in a potential Housing Plan Change 29 by August 2022; and 5. Notes notification of a potential Housing Plan Change 29 will be delayed in the interim; and 6. Requests officers identify how Plan Change 29 can deliver to mitigation and sequestration of greenhouse gases, climate change adaptation and improvement of local environments including water conservation to an Environment and Climate Committee workshop.
Her Worship the Mayor/McGurk Carried

The meeting adjourned at 3.02p.m. reconvened at 3.10p.m. at which time Councillor Fulton left the meeting.

10. Exclusion of the Public

Resolved CL/2022/076

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:

Courtney/Bowater Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Recommendation from Committees Joint Shareholders Committee – 17 May 2022 Nelson Airport Director Appointments	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	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)
3	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)

The meeting went into confidential session at 3.20p.m. and resumed in public session at 4.14p.m.

Adjournment of Meeting
Resolved CL/2022/077
	*That the Council* 1. Adjourns the meeting until Tuesday 24 May at 2.00pm via Zoom.
Edgar/Noonan Carried

Minutes of a reconvened meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Tuesday 24 May 2022, commencing at 2.03p.m.

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), 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 Assistant Governance Adviser (A Bryce-Neumann)

Apologies : Nil

11 Exclusion of the Public

Resolved CL/2022/078
		*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:
Her Worship the Mayor/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)
	2		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)
	3		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)

The meeting went into confidential session at 2.05p.m. and resumed in public session at 4.36p.m.

12. Restatements

It was resolved while the public was excluded:

1	Nelson Airport Ltd Constitution
	1. Agrees that the decision remain confidential at this time.

3	Options Investigation - regional visitor services
	1. Agrees that Report (R26834) and the decision be excluded from public release until 1 July 2022

There being no further business the meeting ended at 3.20p.m.

Confirmed as a correct record of proceedings by resolution on 12 July 2022.

Resolved CL/2022/120

That the Council

1. Confirms the minutes of the meeting of the Council, held on 19 May 2022, as a true and correct record.