Agenda of Environment and Climate Committee

Environment and Climate Committee

16 June 2022

Page No.

Karakia and Mihi Timatanga

1. Apologies

An apology has been received from Her Worship the Mayor R Reese

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 7 April 2022 10 - 21

Document number M19390

Recommendation

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 7 April 2022, as a true and correct record.

5.2 26 May 2022 22 - 24

Document number M19491

Recommendation

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 26 May 2022, as a true and correct record.

6. Chairperson's Report

7. Environmental Management Fees and Charges Review 2022 - Deliberations Report 25 - 58

Document number R26885

Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Fees and Charges Review 2022 - Deliberations Report (R26885) and its attachments (A2889656, A2829788, A890509, A2783885, A2895034); and

2. Notes the submissions received as part of the special consultative procedure on the review of the Environmental Management fees and charges in Attachments 1 and 5 (A2889656, A2895034); and

3. Approves amendments to the fees and charges under the Building Act 2004 as outlined in Attachment 2 (A2829788) to commence from 1 July 2022; and

4. Approves amendments to the charges under the Resource Management Act 1991 as outlined in Attachment 3 (A2890509) to commence from 1 July 2022; and

5. Approves amendments to the Food Act 2014 fees and charges as outlined in Attachment 4 (A2783885) to commence from 1 December 2022.

8. The Effectiveness of the Compliance Strategy 2020 59 - 82

Document number R26899

Recommendation

That the Environment and Climate Committee

1. Receives the report The Effectiveness of the Compliance Strategy 2020 (R26899) and its attachment (A2275547); and

2. Notes officers will request an external review of the Enforcement Strategy by the regional sector Compliance and Enforcement Special Interest Group in the 2022/2023 year.

9. Strategic framework for climate change - next steps 83 - 96

Document number R26882

Recommendation

That the Environment and Climate Committee

1. Receives the report Strategic framework for climate change - next steps (R26882); and

2. Renames the ‘strategic framework for climate change’ the ‘Nelson climate change strategy’; and

3. Endorses the proposed structure and content for the Nelson climate change strategy as set out in R26882; and

4. Agrees that the Nelson climate change strategy should be a community strategy involving the entire community including Council, government agencies, iwi, business, community groups and individuals; and

5. Approves the establishment of a Climate Change Taskforce made up of technical experts, community representatives and elected members to support the development of the strategy.

10. Submission on reducing pokies harm 97 - 105

Document number R26791

Recommendation

That the Environment and Climate Committee

1. Receives the report Submission on reducing pokies harm (R26791) and its attachment and

2. Approves retrospectively the submission on reducing pokies harm.

11. Submission on the draft national adaptation plan and managed retreat proposals 106 - 129

Document number R26881

Recommendation

That the Environment and Climate Committee

1. Receives the report Submission on the draft national adaptation plan and managed retreat proposals (R26881) and its attachment (A2902002); and

2. Approves retrospectively the submission on the Government’s draft national adaptation plan and managed retreat proposals (A2902002).

12. Environmental Management Quarterly Report 1 January 2022 - 31 March 2022 130 - 197

Document number R26830

Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Quarterly Report 1 January 2022 - 31 March 2022 (R26830) and its attachments (A2888077, A2876356, A2887323, A2862473, A2886850, A2886938)

Confidential Business

13. Exclusion of the Public

Recommendation

That the Environment and Climate Committee

1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Stuart Whitehouse, Acting Harbourmaster, remain after the public has been excluded, for Item 4 of the Confidential agenda (Harbourmaster vessel), as he has knowledge that will assist the meeting.

Recommendation

That the Environment and Climate Committee

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

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

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Environment and Climate Committee Meeting - Confidential Minutes - 7 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Status Report - Confidential	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Resource Consents team progress on recommended improvements	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
4	Harbourmaster vessel	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

Environment and Climate Committee Minutes – 07 April 2022

Minutes of a meeting of the

Environment and Climate Committee

Te Kōmiti Taiao / Āhuarangi

Held in the via Zoom on Thursday 7 April 2022, commencing at 11.33a.m.

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

In Attendance: Group Manager Environmental Management (C Barton), Team Leader Governance (R Byrne) Governance Adviser (T Kruger) and Youth Councillors Amy Clark and Isla Kennard.

Apology: Apologies were received from Councillors G Noonan and Y Bowater

Karakia and Mihi Timatanga

1. Apologies

Resolved EC/2022/016

That the Environment and Climate Committee

1. Receives and accepts apologies from Councillors G Noonan and Y Bowater.

Fulton Carried

Attendance: Councillor Edgar joined the meeting at 11.36a.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

4.1. Brook Waimārama Sanctuary Trust - Urban Bylaw Adoption

Document number R26805

Robert Schadewinkel, from Brook Waimārama Sanctuary Trust, spoke about submissions to the Urban Environment Bylaw requesting compulsory microchipping and desexing of cats. He said there was a stray cat colony at the Brook Holiday Park, near the Brook Waimarama Sanctuary. The population density of the colony was becoming a threat to the biosecurity of the Sanctuary and desexing would help deal with the colony.

Attendance: Councillor Brand left the meeting at 11.48a.m.

5. Confirmation of Minutes

5.1 15 February 2022

Document number M19223, agenda pages 9 - 14 refer.

Resolved EC/2022/017

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 15 February 2022, as a true and correct record.

Fulton/Lawrey Carried

5.2 16 February 2022

Document number M19235, agenda pages 15 - 17 refer.

Resolved EC/2022/018

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 16 February 2022, as a true and correct record.

Courtney/Edgar Carried

5.3 24 March 2022

Document number M19343, agenda pages 18 - 19 refer.

Resolved EC/2022/019

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 24 March 2022, as a true and correct record.

Courtney/Edgar Carried

6. Housing Plan Change (Plan Change 29)

Document number R26654, agenda pages 20 - 34 refer.

Manager Environmental Planning, Maxine Day, presented the report and updated the Committee on conversations officers had with Ministry for the Environment (MfE), since the Agenda had been published. She advised that MfE had given a strong indication Council should consider the intensification streamlined planning process (ISPP) pathway. Ms Day confirmed the three options available for the Plan Change were:

· intensification streamlined planning process (ISPP) – the newest made available through the Resource Management (Amendment) Act 2021

· streamlined planning process (SPP)– requires Council to go through MfE to notify and the Minister would ultimately make the decision

· schedule one process – current practice, Council notifies plan changes, hears submissions, hearing appeals and subsequent changes are made as a result of appeals.

During discussion Ms Day confirmed that MfE indicated the streamlined planning process would take approximately six months for an initial direction from the Minister and answered questions on resource required to proceed with each process, responding to the acute housing need, greenfield developments.

Councillor Fulton moved the officer’s recommendation.

The meeting adjourned from 12.45p.m. until 1.36p.m. at which time Councillor Brand returned to the meeting.

Attendance: Councillor Fulton left the meeting at 1.49p.m. at which time the Deputy, Councillor McGurk, assumed the chair.

Attendance: Councillor Fulton joined the meeting at 1.51p.m. and which time she assumed the chair and adjourned the meeting until 2.00p.m.

With the agreement of the mover, the recommendation was amended to refer the matter to Council to enable officers more time to provide further information around MfE’s capability to contribute to the SPP process in a timely way and to provide information about the scope of a plan change under the ISPP process.

Councillor O’Neill-Stevens seconded the amended recommendation.

Attendance: Councillor Edgar left the meeting at 2.23p.m.

Resolved EC/2022/020
	*That the Environment and Climate Committee* *1. Receives the report Housing Plan Change (Plan Change 29) (R26654) and its attachment (A2852288); and* 2. Requests Officers to report timelines, process issues and the outcomes of discussion with the Ministry for the Environment regarding a planning pathway for a housing plan change, to the 10 May Council meeting; and *3. Refers the decision on the pathway to initiate Housing Plan Change (Plan Change 29) to Council.*
Fulton/O'Neill-Stevens Carried
	Attachments 1 A2869925 Housing Plan Change (Plan Change 29)

7. Omnibus Report on Submissions to Central Government

Document number R26679, agenda pages 35 - 55 refer.

Manager Environmental Planning, Maxine Day, presented the report.

Resolved EC/2022/021

That the Environment and Climate Committee

1. Receives the report Omnibus Report on Submissions to Central Government (R26679) and its attachments (A2848648 and A2851323); and

2. Approves retrospectively the attached Nelson City Council submissions on Future Resource Management System (A2848648), and Environmental Reporting Act (A2851323).

Fulton/Paine Carried

8. 2022 Environmental Management Fees and Charges review

Document number R26520, agenda pages 56 - 121 refer.

Manager Consents and Compliance, Mandy Bishop, presented the report and answered questions on the increase in the building consent amendment deposit, and comparison to Tasman District Council fees.

Councillor McGurk moved the officer’s recommendation, seconded by Councillor Courtney.

Councillor Skinner foreshadowed an amended recommendation supporting Option 1, increase by CPI, should the motion be lost.

That the Environment and Climate Committee

1. Receives the report 2022 Environmental Management Fees and Charges review (R26520) and its attachments (A2824715, A2829788, A2824623, A2825558 and A2825557); and

2. Agrees the preferred option is to increase Resource Consent Fees and Charges to recover 43% of Council costs for these services; and

3. Adopts the Statement of Proposal for the Amendments to the Charges under the Resource Management Act 1991 commencing 1 July 2022 as detailed in Attachment 1 (A2824715) to Report (R26520); and

4. Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Resource Management Act 1991 is not necessary to enable public understanding of the proposal; and

5. Agrees the preferred option is to increase Building Act Fees and Charges to recover 75% of Council costs for these services; and

6. Adopts the Statement of Proposal for the Building Act 2014 and Property Information Fees and Charges as detailed in Attachment 2 (A2829788) to Report (R26520); and

7. Agrees a summary of information contained in the Statement of Proposal for the Building Act 2014 and Property Information fees and charges is not necessary to enable public understanding of the proposal; and

8. Agrees the preferred option is to increase Food Act fees and charges to recover 47% of Council costs for these services; and

9. Adopts the Statement of Proposal for the Amendments to the Charges under the Food Act 2014 commencing 1 July 2022 as detailed in Attachment 3 (A2824623) to Report (R26520); and

10. Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Food Act 2014 is not necessary to enable public understanding of the proposal; and

11. Notes the CPI increases for the Building and LIM activities, Dog Control and Environmental Health services fees and charges do not require public consultation, and as identified in Attachments 4 and 5 (A2825558 and A2825557) of Report (R26520) will take effect from 1 July 2022; and

12. Notes no change will be made to the discretion to lower the rating of particular activities under the Sale and Supply of Alcohol Act; and

13. Approves the consultation approach (set out in section 6 of this report) and agrees:

a) the approach includes sufficient steps to ensure the Statements of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b) the approach will result in the Statements of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

McGurk/Courtney

The motion was put and lost.

Councillor Skinner moved the alternative motion to support Option 1, seconded by Her Worship the Mayor Reese.

Resolved EC/2022/022

That the Environment and Climate Committee

1. Receives the report 2022 Environmental Management Fees and Charges review (R26520) and its attachments (A2824715, A2829788, A2824623, A2825558 and A2825557); and

2. Agrees the preferred option is to increase the current Resource Consent Fees and Charges by CPI (4.9%) and

3. Notes that the increase in Resource Consent Fees and Charges will not meet the requirements of Council’s Revenue and Financing Policy; and

4. Adopts the Statement of Proposal for the Amendments to the Charges under the Resource Management Act 1991 commencing 1 July 2022 as detailed in Attachment 1 (A2824715) to Report (R26520); and

5. Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Resource Management Act 1991 is not necessary to enable public understanding of the proposal; and

6. Agrees the preferred option is to Building Act Fees and Charges to recover 75% of Council costs for these services; and

7. Adopts the Statement of Proposal for the Building Act 2014 and Property Information Fees and Charges as detailed in Attachment 2 (A2829788) to Report (R26520); and

8. Agrees a summary of information contained in the Statement of Proposal for the Building Act 2014 and Property Information fees and charges is not necessary to enable public understanding of the proposal; and

9. Agrees the preferred option is to increase the Food Act fees and charges by CPI (4.9%); and

10. Adopts the Statement of Proposal for the Amendments to the Charges under the Food Act 2014 commencing 1 July 2022 as detailed in Attachment 3 (A2824623) to Report (R26520); and

11. Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Food Act 2014 is not necessary to enable public understanding of the proposal; and

12. Notes the CPI increases for the Building and LIM activities, Dog Control and Environmental Health services fees and charges do not require public consultation, and as identified in Attachments 4 and 5 (A2825558 and A2825557) of Report (R26520) will take effect from 1 July 2022; and

13. Notes no change will be made to the discretion to lower the rating of particular activities under the Sale and Supply of Alcohol Act; and

14. Approves the consultation approach (set out in section 6 of this report) and agrees:

b) the approach will result in the Statements of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

McGurk/Courtney Carried

9. Exclusion of the Public

Resolved EC/2022/023

That the Environment and Climate Committee

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

Fulton/Courtney Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Environment and Climate Committee Meeting - Confidential Minutes - 15 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
2	Harbourmaster 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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Environment and Climate Committee Meeting - Confidential Minutes - 15 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

Harbourmaster 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)(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 3.19p.m. and resumed in public session at 3.32p.m., at which time Glenice Paine had left the meeting.

The Chairperson stood down and passed the Chair to Councillor Courtney to consider Item 10: Deliberations and Decision Report on Amended Urban Environments Bylaw - Deferred from 24 March 2022.

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

Document number R26796, agenda pages 122 - 123 refer.

Manager Environment and Planning, Maxine Day, presented the report and provided an amended recommendation to delegate minor changes to Councillor Courtney and to request officers to report back on options for managing alcohol nuisance in public places in The Wood area.

Ms Day clarified that support for changes to activities and signage on the footpath would be covered in the City Amenity Bylaw consultation process to allow a fresh and comprehensive look at all activities on footpaths; this may result in subsequent changes to the Urban Environments Bylaw.

Attendance: Councillor Fulton left the meeting at 3.45p.m.

Councillor Lawrey moved the amended recommendation with the addition of a request to report on options for microchipping and desexing cats. Seconded by Councillor Sanson.

Group Manager Environment, Clare Barton, clarified that the request for a report was separate and an additional piece of work to the Bylaw. No changes regarding cats could be made the Bylaw as there had been no consultation on options for microchipping and desexing cats.

During discussion Ms Day noted reference to submissions on cats was reported in the Deliberations Report and requested that option 7.5.2 of the report be deleted as this could not be fulfilled under the Bylaw process; the correct reference would be to provide alternative education.

Attendance: Her Worship the Mayor Reese left the meeting at 4.07p.m.

The recommendation was taken in parts.

Motion

Resolved EC/2022/024

That the Environment and Climate Committee

1. Requests officers report back by 31 August 2022 on options and considerations for making microchipping and desexing cats compulsory.

The motion was put and a division was called:

For

Cr Courtney

Cr Lawrey

Cr McGurk

Cr O'Neill-Stevens

Cr Rainey

Cr Sanson

Against

Cr Brand

Cr Skinner

Apologies:

Cr Bowater

Cr Noonan

Absent

Her Worship the Mayor Reese

The motion was carried 6 - 2.

Lawrey/Sanson Carried

Attendance: Councillor Rainey left the meeting at 4.22p.m.

Manager Environmental Inspections Ltd, Brent Edwards, answered questions on chalk on footpaths.

Manager Transport and Solid Waste, Marg Parfitt, answered questions on amenity and signage on footpaths.

The remaining recommendations were put.

Resolved EC/2022/025
	*That the Environment and Climate Committee* *2. Receives the Deliberations and Decision Report on Amended Urban Environments Bylaw (R26653 and R26796) and its attachments (A2849191, A2848140); and* 3. Delegates Councillor Courtney, Deputy Chair of the Environment and Climate Committee and Group Manager Environmental Management to approve minor corrections or amendments to the Amended Urban Environments Bylaw prior to adoption by Council; and 4. Requests officers to report back to the Environment and Climate Committee on options for managing alcohol related nuisance in public places in The Wood area, particularly Tasman and Weka Streets.
Lawrey/Sanson Carried
Recommendation to Council EC/2022/026
	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.
Lawrey/Sanson Carried

Karakia Whakamutanga

11. Restatements

It was resolved while the public was excluded:

1	CONFIDENTIAL: Harbourmaster Services
	Agrees that the Decision and Report R26488 be made publicly available once Council and Port Nelson Limited have executed the new agreement.

There being no further business the meeting ended at 5.16p.m.

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

Resolved

Item 7: Environmental Management Fees and Charges Review 2022 - Deliberations Report

Environment and Climate Committee

16 June 2022

REPORT R26885

Environmental Management Fees and Charges Review 2022 - Deliberations Report

1. Purpose of Report

1.1 To deliberate on the Environmental Management fees and charges review 2022 and decide on the fees and charges to apply under the Resource Management Act 1991 (RMA), Building Act 2004 and the Food Act 2014.

2. Summary

2.1 Public consultation on the proposed Environmental Management fees and charges has occurred. Three submissions were received. Another submission was received late.

2.2 It is recommended the Committee approve the proposed new fees and charges for Building and Resource Consent activities to commence on 1 July 2022. Concern was raised in a submission regarding the increase in Food Act charges after two years of impacts from COVID. It is recommended to delay increasing these fees until 1 December 2022. One submitter supported increases to reduce the need for rates to overly subsidise costs and also in terms of being more able to attract and retain staff. Two other submitters raised concerns with increasing some Building fees and charges.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Fees and Charges Review 2022 - Deliberations Report (R26885) and its attachments (A2889656, A2829788, A890509, A2783885, A2895034); and

2. Notes the submissions received as part of the special consultative procedure on the review of the Environmental Management fees and charges in Attachments 1 and 5 (A2889656, A2895034); and

3. Approves amendments to the fees and charges under the Building Act 2004 as outlined in Attachment 2 (A2829788) to commence from 1 July 2022; and

4. Approves amendments to the charges under the Resource Management Act 1991 as outlined in Attachment 3 (A2890509) to commence from 1 July 2022; and

5. Approves amendments to the Food Act 2014 fees and charges as outlined in Attachment 4 (A2783885) to commence from 1 December 2022.

4. Background

4.1 On 7 April 2022 (R226520) the Environment and Climate Committee adopted three statements of proposal for a special consultative procedure (SCP):

That the Environment and Climate Committee

Receives the report 2022 Environmental Management Fees and Charges review (R26520) and its attachments (A2824715, A2829788, A2824623, A2825558 and A2825557); and

Agrees the preferred option is to increase the current Resource Consent Fees and Charges to by CPI (4.9%); and

Notes that the increase in Resource Consent Fees and Charges will not meet the requirements of Council’s Revenue and Financing Policy; and

Adopts the Statement of Proposal for the Amendments to the Charges under the Resource Management Act 1991 commencing 1 July 2022 as detailed in Attachment 1 (A2824715) to Report (R26520); and

Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Resource Management Act 1991 is not necessary to enable public understanding of the proposal; and

Agrees the preferred option is to increase Building Act Fees and Charges to recover 75% of Council costs for these services; and

Adopts the Statement of Proposal for the Building Act 2014 and Property Information Fees and Charges as detailed in Attachment 2 (A2829788) to Report (R26520); and

Agrees a summary of information contained in the Statement of Proposal for the Building Act 2014 and Property Information fees and charges is not necessary to enable public understanding of the proposal; and

Agrees the preferred option is to increase the Food Act fees and charges by CPI (4.9%); and

Adopts the Statement of Proposal for the Amendments to the Charges under the Food Act 2014 commencing 1 July 2022 as detailed in Attachment 3 (A2824623) to Report (R26520); and

Agrees a summary of information contained in the Statement of Proposal Amendments to the Charges under the Food Act 2014 is not necessary to enable public understanding of the proposal; and

Notes the CPI increases for the Building and LIM activities, Dog Control and Environmental Health services fees and charges do not require public consultation, and as identified in Attachments 4 and 5 (A2825558 and A2825557) of Report (R26520) will take effect from 1 July 2022; and

Notes no change will be made to the discretion to lower the rating of particular activities under the Sale and Supply of Alcohol Act; and

Approves the consultation approach (set out in section 6 of this report) and agrees:

b) the approach will result in the Statements of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

4.2 The consultation period occurred between 12 April and 14 May 2022. Three submissions were received in this timeframe and are attached (refer Attachment 1 A2889656). A fourth submission was received one day late (refer Attachment 5, A2895034). Engagement occurred through Council’s website, Our Nelson, the Nelson Mail and the Nelson Weekly.

4.3 Council can decide on the level of fees and charges within the range of options provided in the statement of proposal, that is, between no change and the change proposed (but not higher).

5. Discussion

Building fees and charges

Submissions

5.1 Three submissions were received regarding the proposed building fees and charges. Two submissions raised concerns with the proposed increase in fees and the other commended Councils approach to raise the fees in the building unit to reduce the reliance on “rates overly subsidising building consent costs” and discussed the difficulties in attracting/retaining staff.

Comment on Submissions

5.2 Mr Clive Lewis’ submission discussed the minor variation and formal amendment processes within a building consent. Mr Lewis has expressed his concerns regarding the difference in costs between minor variations and formal amendments. The minor variation process and fees are not proposed to change and will still be used for minor changes on site during a build. The increased amendment deposit is not increasing the cost for this service, only asking for a larger amount at the beginning of the process so customers have a better understanding of the actual costs involved and reduces higher costs being invoiced at the end of the process. The proposed amendment deposit has been calculated as the minimum amount an amendment would cost.

5.3 Mr Clive Lewis has raised the point about “obtaining a new title if it is 3 months since the consent was issued” when applying for an amendment. It is a requirement of the NZ forms regulations, that each building consent application (full building consent or formal amendment application) provide evidence of ownership. The Simpli portal which we accept our building consent/formal amendment applications through, asks that a copy of title, no older that 3 months old, is provided with each application to confirm ownership of the property. Applicants aren’t limited to providing a copy of the title, the Simpli portal prompt also identifies that other forms of confirmation are acceptable, some examples are, lease, agreement for sale and purchase, or other document showing full name of legal owner(s) of the building, as specified in the NZ forms regulations.

5.4 Mr Ian McComb has provided a submission that commends Council’s approach of raising the fees to address “rates overly subsidising building consent costs” and the “difficulties attracting and retaining staff”. Mr McComb is in favour of Council raising the fees as proposed to address these issues. Mr McComb had discussed the risk of not having the required building consenting staff considering the increased workloads the changes the Future Development Strategy may create. Mr McComb has made suggestions in his submission to combat this risk.

5.5 Mr Gaire Thompson has provided a submission that expresses his concerns regarding:

a) the cost of wood burner building consents (BC)

b) the increased deposits for formal amendments and

c) the cost of getting historic consents Code Compliance Certificates signed off.

5.6 The proposal for wood burner consent applications is to fix this fee at $450 for freestanding and $625 for insert wood burners as they require additional inspection. The proposal is not to raise the fee for all woodburners to $625. These fee’s are subsidised to keep the costs down for applicants, as the actual cost complete these consents is much higher.

5.7 The proposed increase for formal amendments is to address the majority of feedback from customers that they weren’t aware of the cost that would be incurred for this service. The increased deposit is not an increase of cost to the applicant as we have set this fee to the minimum anyone would pay for a formal amendment. The deposit includes $125 external system fee (incurred on every BC application) and less than two hours planning, processing and admin time. Minor variations are still available for small onsite changes to building consents at a cost of $80 plus any additional time incurred by officers.

5.8 The proposed $250 deposit for historic building consents that have not obtained Code Compliance Certificate (CCC) is to cover the cost of a file review which is standard for all consents that have had no recent inspections and are over five years old. These consents are higher risk to council as many of them are left in unfinished states for a period of time before wanting to progress with their CCC’s. File reviews are carried out to familiarise themselves with the consent before continuing on with the process. In many cases a file review is carried out and the CCC process is not continued.

5.9 COA’s, Certificates of Acceptance are obtained for building work that required a building consent, that has been carried out without obtaining consent (illegal building work). NCC’s current fees for this service are, $1000 application fee, plus all building consent fees that would normally have been required for this building work, had it been consented. The building consent fees are charged over and above the application fee, as per the current fees and charges schedules as a deterrent to discourage people from undertaking building work that requires a building consent, illegally. Every Council has a different approach to how they charge for this service, but all have an additional fee or charge at higher rates to discourage illegal building work. Under section 97 of the Building Act, the application is to “be accompanied by any fees, charges or levies that would have been payable had the owner, or the owners predecessor in title, applied for a building consent before carrying out the building work”

Recommendation and Discussion

5.10 As proposed in the SCP documentation, most fees will increase by the Consumer Price Index (CPI) at 4.9%. Some proposed new fees or increases will change by more than CPI. These are the fixing of fees for solid fuel burners ($450 instead of a deposit of $430), a new deposit for historic consents ($250) and increasing the formal amendment deposit from $125 to $450. The proposed building fees and charges are detailed in Attachment 2 (A2829788) and are proposed to commence from 1 July 2022. The costs met by the fees and charges include consent processing, inspections, compliance and responding to public enquiries.

5.11 The Revenue and Financing Policy requires 60-80% of the total costs to be met by fees and charges. The proposed fees and charges are estimated to cover 74% of the costs of the activity.

5.12 Officers recommend increasing the building fees and charges as proposed (option 2):

Option 1: Retain the current fees and charges
Advantages	· Applicants and consent holders do not face increased charges · Would not receive any criticism from increasing fees
Risks and Disadvantages	· The fees do not reflect the actual time taken for the anticipated activity/costs to Council · Fees and charges continue to not align with local and national industry levels · Increases to charges may need to be bigger at a later date
Option 2: Increase the fees and charges largely by CPI at 4.9% (RECOMMENDED OPTION)
Advantages	· The fees better reflect the actual costs to perform functions · The increased charges will better cover the increasing costs of attaining and meeting national quality assurance requirements · Help cover the costs of additional resource · Increases provide less dependence on rates
Risks and Disadvantages	· May receive criticism from applicants for increasing fees in the current economic context · Could increase cost challenges or queries requiring more officer time to follow up

Resource Consent fees and charges

Submissions

5.13 No submissions were received regarding the proposed Resource Management Act 1991 (RMA) fees and charges. Mr Ian Coomb’s submission did note however his comments on building consent increases would be similar for supporting increases to the RMA charges.

Recommendation and Discussion

5.14 It is recommended the Committee approve the fees and charges outlined in Attachment 3 (A2890509), based on increasing the fees by CPI at 4.9% and commencing from 1 July 2022. The advantages and disadvantages of the recommended increase and retaining the current fees and charges are similar to those provided for the building consent increases in 5.6 above.

5.15 The Revenue and Financing Policy requires 40-60% of resource consent activity costs to be recovered from charges. The proposed fees and charges are estimated to cover 38% of the costs of the activity. The Environment and Climate Committee noted at the meeting on 7 April 2022 that their preferred approach to increase fees and charges by CPI would not meet the Revenue and Finance Policy. This will also result in an income budget shortfall of $124,000 that will need to be met by ratepayers.

Food Act fees and charges

Submission

5.16 One submission was received regarding the proposed food fees and charges. The Nelson Branch of Hospitality New Zealand represents 123 hospitality and commercial accommodation businesses. Their submission does not support increasing fees and charges due to the impacts from Covid 19 and any fee increases should be delayed until the 2023/24 financial year. The Branch also recommends a transition to a digital template Food Control Plan registration.

Comment on the Submission

5.17 Officers acknowledge the registration process is cumbersome, but this is controlled by the Ministry of Primary Industries. Officers will pass on this feedback to the Ministry.

5.18 The food businesses have had to deal with lockdowns and fewer visitors due to COVID. Council recognised this in 2021 and delayed the increase in fees to 1 December 2021. The Branch wants a further delay to give businesses a chance to recover. Not effecting some change for 2022/23 may result in a larger increase being needed in the 2023/24 financial year which could be harder for businesses to adjust to.

Recommendation and Discussion

5.19 It is recommended that the food fees and charges increase by CPI at 4.9% to commence on 1 December 2022. The Revenue and Financing Policy requires 40-60% of food activity costs to be recovered from charges. This proposal is estimated to recover 46% from fees and charges of the costs of the activity and will only fall short of the annual plan budget for income from charges by $2,500 (refer to Attachment 4, A2783885 for the proposed fees).

5.20 Revenue of $116,000 and costs of $243,800 are estimated for the 2022/23 financial year based on the increase in charges by CPI at 4.9% commencing 1 July 2022. The proposed delay of five months for the commencement of the increased charges (to 1 December 2022) will assist the food sector through the quieter winter months. The income from fees and charges will be around $113,500 with the delayed increase in fees. Keeping the current charges for the whole 2022/23 year will realise an income of $110,000 from fees and charges.

5.21 The differences are small as there are a relatively small number of food businesses - 43 food businesses with templated food control plans and 17 national programme businesses. Registration and verification of each business is also not necessarily annual, it is dependent on the risk of the activity. The recommendation to increase charges from 1 December 2022 is a full year since the last increase in charges and will help ensure the current fees are not eroded by inflation to any significant extent.

5.22 Officers recommend increasing the food fees and charges by CPI commencing 1 December 2022 (option 3):

Option 1: Retain the current fees and charges recovering 45% of the costs
Advantages	· Operators do not face increased fees. · Would not receive criticism. · Recognises the challenges faced by some of the sector over two years during COVID.
Risks and Disadvantages	· The cost of the food activity is not sufficiently covered by income from fees and charges compared to the 2022/23 budgeted income. · Increases will likely be required in the future and could be greater than CPI. · No rates savings are realised for this activity.
Option 2: Increase fees and charges by CPI (4.9%) commencing 1 July 2022 recovering 47% of the costs
Advantages	· The proportional cost of services is better met by users/food operators than ratepayers. · Meets the annual plan budget for income from charges. · The general rates component is reduced.
Risks and Disadvantages	· Dissatisfaction and likely to receive criticism by operators for the increase in costs at a challenging time. · Could increase costs following non-payments requiring more staff follow up time.
Option 3: Increase fees and charges by CPI (4.9%) commencing 1 December 2022 recovering 46% of the costs (RECOMMENDED OPTION)
Advantages	· Less criticism from operators for increasing fees in the current economic context. · Recognises the challenges faced by the sector. · Provides a full year since the last increase in fees on 1 December 2021.
Risks and Disadvantages	· The annual plan budgeted income is not met and rate savings are less.

6. Conclusion

6.1 The proposed changes to fees and charges are compliant with relevant legislation and will achieve a better proportionality between those receiving the benefit of that service and ratepayers compared to current fees and charges.

6.2 The recommendations are for the amended fees and charges for Building and Resource Consent activities to come into effect from 1 July 2022. The Food Act fees are recommended to commence on 1 December 2022 to better enable the food business to recover from the impacts from covid and the quieter winter months.

Author: Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1: A2889656 Submissions on proposed changes to regulatory fees and charges ⇩

Attachment 2: A2829788 Building proposed fees and charges ⇩

Attachment 3: A2890509 RMA proposed fees and charges ⇩

Attachment 4: A2783885 Food Act proposed fees and charges ⇩

Attachment 5: A2895034 Late submission on Building fees and charges ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The recommendations in the report provides for the cost-effective delivery of regulatory services that protect the environmental, cultural and social well-being of the community.

2. Consistency with Community Outcomes and Council Policy

The recommended charges assist with achieving the stated funding outcomes in the Annual Plan. The resourced regulatory activities also contribute to our natural environment being healthy and protected, ensuring our communities are healthy and safe and communities have access to social and recreational activities.

3. Risk

The do-nothing option will not be consistent with the criteria for fixing charges specified in the various legislation. It will also likely to lead to greater percentage increases in the future. Increasing fees and charges by too high a level however could result in dissatisfaction by those impacted by the increase even if that increase is potentially justified. Proposed increases minimise the risk of dissatisfaction by increasing fees at a reasonable rate compared to current fees.

4. Financial impact

The proposed increases in charges will better enable costs for the services to be met in the medium to long-term at an appropriate proportion between applicants/consent holders and ratepayers. The proposed changes to the Building and Food Act fees and charges will meet the Revenue and Financing Policy requirements. The CPI increase to Resource Consent fees and charges will result in the income from fees and charges only meeting 38% of costs instead of meeting the Policy requirements between 40% and 60% of costs. The additional cost to ratepayers is expected to be $124,000 more than what is budgeted for the Resource Consents activity. A shortfall of $2,500 compared to budget is expected for the Food activity income with the proposed delay in increasing charges.

5. Degree of significance and level of engagement

This matter is of medium significance because proposed increases while justified will impact applicants and consent holders. The wider community is also impacted by a minor to medium degree as a greater percentage of the General Rate will be required to meet the costs of the Resource Consents and Food Act activities.

6. Climate Impact

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

7. Inclusion of Māori in the decision making process

No specific consultation with Māori has been undertaken regarding this report.

8. Delegations

The Environment and Climate Committee has the following delegation:

Areas of Responsibility:

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

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

· Hazardous substances and contaminated land

· Maritime and Harbour Safety and Control

· Pollution control

· Regulatory enforcement and monitoring

Delegations:

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

· Approval of increases in fees and charges over the Consumer Price Index (CPI)

Item 8: The Effectiveness of the Compliance Strategy 2020

Environment and Climate Committee

16 June 2022

REPORT R26899

The Effectiveness of the Compliance Strategy 2020

1. Purpose of Report

1.1 To review the effectiveness of the Compliance Strategy 2020 (the Strategy).

2. Recommendation

That the Environment and Climate Committee

1. Receives the report The Effectiveness of the Compliance Strategy 2020 (R26899) and its attachment (A2275547); and

2. Notes officers will request an external review of the Enforcement Strategy by the regional sector Compliance and Enforcement Special Interest Group in the 2022/2023 year.

3. Background

3.1 The Strategy was first approved by Council on 14 December 2017 (R8673) with the following resolution:

That the Council

Approves the Compliance Strategy 2017 to guide staff and contractors in the exercise of enforcement obligations on behalf of the Council.

3.2 A strategic approach to monitoring and enforcement is considered best practice to ensure Council resources are focussed to achieve the best possible outcome for our community. In 2017 the Strategy was developed to be consistent with the Regional Sector Strategic Compliance Framework 2016-2018. This framework was designed (with support from regional council chief executives) to give councils a comprehensive set of principles and guidelines to assist in the development of individual council monitoring and enforcement strategies.

3.3 The Ministry for the Environment (MfE) published “Best practice guidelines for compliance, monitoring and enforcement under the Resource Management Act” in July 2018. The Regional Sector Strategic Compliance Framework was updated in 2019 to be consistent with MfE’s guidelines. Accordingly, Council’s Compliance Strategy was updated in 2020 to be more consistent with these documents (see Attachment 1, A2275547). On 22 October 2020 the Environment Committee resolved the following:

That the Environment Committee

1. Receives the report Compliance Strategy 2020 (R19200) and its attachment (A2275547); and

2. Adopts the Compliance Strategy 2020 (A2275547) effective from 1 November 2020.

3.4 A new Long Term Plan performance measure introduced for 2021/22 requires the Strategy be reviewed for effectiveness and reported to Council annually. This report is the first review of the Strategy.

4. Review of the effectiveness of the Compliance Strategy

4.1 To understand how effective the Compliance Strategy has been for the 2021/22 year, there are two aspects to consider:

a) Is the Nelson City Council Strategy in alignment with other council strategies and in accordance with best practice?

b) What do the enforcement statistics show – is there improvement in outcomes for Nelson?

4.2 The purpose of the Strategy is to:

• provide a strategic approach to monitoring and enforcement

• encourage a high level of compliance

• provide guidance to ensure monitoring and enforcement duties are consistently applied by Council officers or contractors

• provide a process to monitor and review the effectiveness of the compliance strategy

• be consistent with the Regional Sector Strategic Compliance Framework 2019-2024

• be consistent with MfE’s Best Practice Guidelines for Compliance, Monitoring and Enforcement under the Resource Management Act 1991.

4.3 The Strategy is designed to focus Council resources to achieve the best possible outcome for the community. It manages the Council’s compliance and enforcement responsibilities and duties by employing a risk-based approach and dealing with non-compliance using a ‘toolbox’ of enforcement tools proportionate to the degree of non-compliance.

Alignment with other strategies and best practice

4.4 In 2018 two managers from other councils (Marlborough and Otago) reviewed Nelson’s enforcement practices and processes by interviewing officers and assessing documents and procedures. Their recommendations in summary, were to formalise a training and development programme, allocate work programmes more equitably, and improve enforcement decision making documentation. They noted the community was well served by response timeframes.

4.5 Improvements have been made in accordance with these recommendations. At the next Compliance and Enforcement Special Interest Group meeting (CESIG) the main findings from these reviews of each other’s enforcement processes will be shared. A way forward to ensure practices and processes are kept updated will also be discussed. A review of Nelson City Council’s current Strategy will be requested from members of this group.

4.6 Prior to proposing an update to the Strategy in 2020, the compliance or enforcement strategies of Tasman District Council, Marlborough, Horizons, Auckland and Taranaki were reviewed. Changes were made to the previous Strategy to better align with other strategies and also align with MfE’s guidelines. The revised and updated Strategy was reviewed by externally prior to being adopted by Council on 22 October 2020.

Enforcement statistics

4.7 The effectiveness of the Strategy can be determined by considering whether compliance, monitoring and enforcement action is minimising negative impacts on the environment and the community and is maximising deterrence. Decreasing numbers of reactive incidents while continuing and enhancing proactive monitoring would indicate people are increasingly deterred from offending. Less serious enforcement action indicates less impact on the environment and the community.

4.8 Proactive monitoring of resource consent conditions and permitted standards in the Nelson Resource Management Plan and national environmental standards is essential to engage, educate and enable stakeholders to comply and adopt best practices. Dog patrols at popular dog exercise areas and parking patrols near schools remind people to comply and reinforce the safety reasons behind the rules. Verifications of food businesses and compliance checks of alcohol licences are all examples of the proactive work required to encourage and maintain a high level of compliance. Proactive monitoring is helpful to bring about positive behaviour change.

4.9 Level of responses (note some resource consent monitoring responses are preventative and are not incidents):

Activity	2017/18	2018/19	2019/20	2020/21	2021/22 (YTD)
Parking	1566	1522	1427	1544	793
Dog Control	2056	1913	1693	1613	1182
Resource consent monitoring	1316	1562	2496	1436	1090
Noise nuisance	1151	1214	1360	1453	1240
Bylaw / Building / Planning	680	562	560	544	354
Pollution	241	289	256	317	237
Stock	107	114	78	84	60

4.10 Level of enforcement:

Activity	2017/18	2018/19	2019/20	2020/21	2021/22 (YTD)
Parking – total - safety	17292 1545	13234 1665	12659 1259	13781 2289	16762 1457
Dog – impounding - infringements - menacing - dangerous - prosecutions	353 270 65 14 2	281 288 74 10 3	270 274 89 8 0	248 264 93 9 2	156 151 88 8 0
RMA – abatements - infringements - enforcement order - prosecutions	28 21 1 1	21 15 0 0	24 14 0 0	17 13 1 0	30 25 0 0
Noise – directions - seizures	188 8	198 12	148 8	103 3	48 5
Bylaw	222	193	244	118	3

Activity

2017/18

2018/19

2019/20

2020/21

2021/22 (YTD)

Parking – total

- safety

17292

1545

13234

1665

12659

1259

13781

2289

16762

1457

Dog – impounding

- infringements

- menacing

- dangerous

- prosecutions

353

270

281

288

270

274

248

264

156

151

RMA – abatements

- infringements

- enforcement

order

- prosecutions

Noise – directions

- seizures

188

198

148

103

Bylaw

222

193

244

118

5. Conclusion

5.1 Most activities are generally showing a steady declining trend in both the level of reactive response and “heavier” enforcement. The recent increase in RMA enforcement reflects the increasing complexity in consented developments.

5.2 However, the numbers may not always reflect the compliance trends. Behaviours in terms of compliance may be impacted by the pandemic, economic context and perceived risk of being caught. Education campaigns can increase awareness of how to comply and increase reporting of non-compliance. Staff vacancies and fewer patrols during lockdowns can mean less non-compliance is being detected for that period.

5.3 The principles and purpose of the Strategy are effective in guiding a consistent, best practice approach to compliance, monitoring and enforcement activities. The current Strategy is aligned with other council strategies and MfE guidelines.

5.4 The next steps are to refine and enhance information and resources for activities that aren’t improving to encourage a greater level of compliance and to have an external check that the Strategy is up to date with best practice.

Author: Mandy Bishop, Manager Consents and Compliance

Attachments

Attachment 1: A2275547 Compliance Strategy 2020 ⇩

Item 9: Strategic framework for climate change - next steps

Environment and Climate Committee

16 June 2022

REPORT R26882

Strategic framework for climate change - next steps

1. Purpose of Report

1.1 To seek approval on proposed next steps for drafting a strategic framework for climate change (or climate change strategy).

2. Summary

2.1 Staff have developed a proposed structure, content and process for a strategic framework for climate change. The recommended approach aims to deliver a comprehensive strategy which is evidence-based and demonstrates strong leadership on climate change.

2.2 The recommendations in this report draw upon a range of sources, including international and national examples of climate change strategies (such as the Auckland Climate Plan) and international guidance from C40 Cities^{^[1]} on writing a climate strategy.

2.3 Feedback received from elected members at the Environment and Climate Committee workshop on 5 April 2022 and the Council meeting on 17 November 2021, as well as existing Council documents such as Long-Term Plan 2021 – 2031, the Climate Action Plan and the Te Tauihu Intergenerational Strategy, were also considered in developing the proposed approach.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Strategic framework for climate change - next steps (R26882); and

2. Renames the ‘strategic framework for climate change’ the ‘Nelson climate change strategy’; and

3. Endorses the proposed structure and content for the Nelson climate change strategy as set out in R26882; and

5. Approves the establishment of a Climate Change Taskforce made up of technical experts, community representatives and elected members to support the development of the strategy.

4. Background

International and national context

4.1 Climate change is our biggest global challenge. However, addressing climate change provides a unique opportunity to transform New Zealand’s economy and support innovation, in a way that will bring multiple benefits to Aotearoa New Zealand and to Whakatū Nelson.

4.2 The International Panel on Climate Change (IPCC) found that unless there are immediate, rapid and large-scale reductions in greenhouse gas emissions, limiting warming to close to 1.5°C or even 2°C (the targets in the Paris Agreement) will be beyond reach.^{^[2]} “Rapid and far-reaching transitions” are required to reduce emissions from energy, transport, agriculture, infrastructure, and waste.

4.3 The window of opportunity for addressing the impacts of climate change by making major investments and taking action to protect our communities is also rapidly closing. A recent IPCC report^{^[3]} found that 40 percent of the world is already “highly vulnerable” to climate change, with coastal cities, such as Nelson, likely to be disproportionately affected.

4.4 Central government has signalled strong commitment to climate action and significant policy reform is underway to transition Aotearoa New Zealand to a low emissions and climate resilient economy. In May, Government announced its first three emissions budgets (which will act as interim targets or ‘stepping stones’ towards the 2050 emissions reduction targets) and released the first emissions reduction plan.

4.5 Local government also has a critical role to play in reducing greenhouse gas emissions and preparing for the impacts of climate change. Councils can drive action on climate change by implementing central government initiatives, reducing councils’ own emissions, partnering and supporting businesses and community organisations, and advocating within the local government sector for stronger climate policy.

Council climate action to date

4.6 Council has signalled its commitment to action on climate change through a series of actions, including through declaring a Climate Emergency and setting targets for reducing Council’s operational emissions (as set out in figure 1 below).

Figure 1: Action on Climate Change in New Zealand and Nelson

4.7 On 13 August 2020, Council resolved as follows:

“ 5. Notes that a strategic framework, to bring together and provide high level guidance to all the key elements of the climate change work underway in Council, will be considered and scheduled through the Long Term Plan 2021-31; and

7. Notes that the development of community emissions targets and actions will be undertaken as a separate piece of work, aligned with the strategic framework and the work currently being undertaken by the Nelson Tasman Climate Forum;”

4.8 The strategic framework for climate change will deliver to these resolutions.

4.9 The work to develop the strategic framework was considered alongside other policy priorities during the Long Term Plan 2021-31 development process. It was rated a priority 1 topic and resources were allocated for work to commence during 2021/22. On 29 June 2021 Council adopted the Long Term Plan. The Plan includes a section on climate change which establishes climate change as a “lens through which all work programmes are considered”.

4.10 On 17 November 2021 Council adopted Te Mahere Mahi a te Āhuarangi Climate Action Plan which sets out the climate change projects and actions Council is funding over the next ten years, as set out in the Long Term Plan. The Climate Action Plan contains actions to reduce emissions (both Council’s operational emissions and Nelson community emissions) and address the impacts of climate change.

4.11 Council also resolved to establish a Climate Change Governance Oversight Group (CCGOG) to oversee the development of a strategic framework for climate change and help maintain momentum on Council action on climate change. Council resolved as follows:

“2. Adopts the Climate Action Plan (A2739648), recognising it will be a living document.

3. Establishes a Climate Change Governance Oversight Group (CCGOG) consisting of Councillors Fulton (Chairperson), McGurk, Courtney, and O’Neill-Stevens, supported by the Climate Change Manager, to:

(a) Support development of the strategic framework for climate change;

(b) Support engagement with Iwi and other key partners;

(c) Support integration of the strategic framework and action plan;

(d) Provide oversight of climate change operational work.

4. Agrees that a Terms of Reference for the Climate Change Governance Oversight Group (CCGOG) will be brought to the 9 December 2021 Council meeting for approval.”

4.12 On 9 December 2021, Council agreed to the Terms of Reference for the CCGOG. The group has met approximately every month since February 2022 to discuss the strategic framework for climate change and other climate change matters.

4.13 On 5 April 2022, an Environment and Climate Committee workshop provided feedback on the content and process for developing a strategic framework for climate change. Feedback received at this workshop is reflected in the analysis and recommendations in this report.

5. Discussion

Renaming to a climate change strategy

5.1 A ‘strategic framework’ is a structured method used to define how a project or initiative supports key aim, objectives and goals. A ‘strategy’ is a plan of action designed to achieve a long-term or overall aim or goal.

5.2 After reflecting on feedback received at the 5 April workshop with elected members, staff recommend that Council develop a climate change strategy rather than a strategic framework. The term ‘strategy’ and its definition better reflect the feedback staff have received to date and international and national examples of documents which set the long-term vision and strategy for guiding climate action.

A Council strategy or a strategy for Nelson?

5.3 The climate change strategy could either be a Council strategy which reflects goals and priorities relating to Council’s operations only, or a climate change strategy for Nelson, which sets goals and priorities for the whole of Nelson (including Council). A Nelson strategy would require greater involvement from key community members and groups in the development of the strategy.

5.4 Staff recommend a Nelson climate change strategy be developed for the following reasons:

· There are much greater opportunities for reducing emissions and adapting to climate change impacts in relation to the whole of Nelson. Council’s own emissions footprint is relatively small when compared to Nelson’s emissions.^{^[4]}

· As Council has existing partnerships with iwi and groups such as the Nelson Tasman Climate Forum and Businesses for Climate Action, it is well-positioned to lead the development of a Nelson climate change strategy.

Council needs a climate change strategy

5.5 There is a strong case for developing a Nelson climate change strategy. The reasons include:

· To set direction on climate change, define Council’s role in addressing climate change (including implementing national-level changes) and determine values and principles to guide climate action.

· To demonstrate leadership and be good ancestors by playing a part in global efforts to limit warming to 1.5 °C and assure the public that Council has a plan.

· To measure and evaluate progress against long-term aspirations and goals.

· To develop a holistic response which realises co-benefits and connections between climate change and other issues, and reflects te ao Māori, community and mana whenua aspirations.

· To assist the Nelson community to thrive in a low carbon and climate resilient economy and to minimise the risk of harm to the community by preparing for climate impacts and a just and equitable transition.

· To empower community and individual action on climate change and build community support for Council action on climate change.

Proposed structure for the climate change strategy

5.6 The proposed structure and content below draw upon international and national examples of climate strategies, feedback received from elected members at the Environment and Climate Committee workshop on 5 April and existing Council documents such as Long-Term Plan 2021 – 2031, the Climate Action Plan and the Te Tauihu Intergenerational Strategy.

5.7 It is proposed that the climate change strategy be structured as follows:

· Long-term vision and commitment – this section will outline Council’s aspirations for climate action, the future Council wants to create and why action on climate change is important. It will draw upon previous Council documents and the United Nations Sustainable Development Goals.

· Context – this section will describe the causes and effects of climate change, international, national and Nelson climate action to date, Nelson’s (and the Council’s) greenhouse gas emissions profile, projected emissions reductions under different scenarios and projected climate change impacts. It will demonstrate the urgency of action on climate change and the importance of acting now for the benefit of future generations. This section may also define Council’s role in driving change, recognising what Council can and cannot control. For example, Council’s role may be to lead some projects, support action by others and advocate for central government policy changes.

· Values/principles – this section will outline the values and principles which apply to all climate action. For example, this may include te ao Māori principles, adopting an evidence-based approach, recognising wider co-benefits as a reason to act (such as environmental, social or cultural benefits) or ensuring action to protect those most affected by climate change.

· Goals – this section should set out overarching goals relating to both mitigation and adaptation which align with the vision and could include specific goals related to priority action areas. Where possible, goals should be specific, measurable, timebound and evidence-based. This may include both quantitative and qualitative goals. The goals should be ambitious but achievable. At the workshop on 5 April, there was broad support for a community emissions reduction target to be included as a goal.

· Priority actions – this section could outline the key actions to focus on to meet the goals of the climate change strategy.

· Monitoring and reporting – this section will provide an approach to monitoring, evaluating, and reporting on progress on the climate change strategy, to enable transparency and accountability. It may include a section on accountability, outlining who is responsible for delivering the priority actions in the strategy.

· Resourcing – this section should outline how the strategy will be resourced.

Proposed content to include in the climate change strategy

5.8 It is proposed that the climate change strategy include content on the following topics, which could represent the pillars of the strategy:

· Reducing waste, shifting to a circular economy, and ensuring action is taken to reduce embodied emissions (emissions from the creation or construction of a product such as a building).

· Increasing active and public transport – reducing dependency on cars, increasing lower emissions forms of transport (such as walking and cycling), and providing for increased transport choice.

· Maximising opportunities to improve energy efficiency, switching away from use of fossil fuels to renewable energy, and increasing renewable energy sources.

· Addressing housing challenges, including providing for green urban form and a range of low emissions and thermally efficient housing options, as well as careful planning of future housing needs which considers climate change.

· Restoring our natural environment – improving how we manage land so that the mauri can be restored, recognising the interconnectedness of nature, building resilience of our food systems, and shifting to regenerative farming.

· Increasing carbon sequestration, for example through re-establishing wetlands and other natural carbon sinks, ‘greening’ urban areas and providing incentives and support for planting trees.

· Building resilience to climate change impacts. This includes protecting our land and community members from impacts of climate change, including sea-level rise and coastal erosion, and increased droughts, fires and flooding. This content should align with Council’s work to develop an adaptation strategy with the community, which will consider a range of adaptation options, including: avoiding new development in at-risk areas; protecting some areas (for example through sea-defences); and gradually moving people and infrastructure onto safer ground.

· Supporting a just and equitable approach to climate action which considers the needs of all members of the community.

· Supporting and encouraging science, technology and innovation.

5.9 The climate change strategy should also:

· Consider social and financial inequality, including by promoting accessible alternatives for transport, waste and housing, and including a focus on collective action and benefits.

· Embed te ao Māori and support iwi climate change initiatives, including applying a te ao Māori lens to developing the strategy.

· Improve the health of the community and strengthen community relationships.

· Encourage community support and ‘buy in’ for Council action on climate change, support partnerships with other organisations to drive climate action and shift community attitudes and behaviours.

· Set expectations around multi-benefit analysis and a strong evidence base to support Council decision making that avoids maladaptation, and effectively considers climate change and its risks.

· Ensure Council decisions reflect holistic thinking and enabling conflicts to be resolved.

· Provide a reliable source of information on climate change to the community.

· Set goals and priorities which can be achieved through action by Council and the Nelson community.

5.10 The content should also align, as far as possible, with the direction and policies set through the emissions reduction plan and national adaptation plan.

6. Process for developing the climate change strategy

6.1 It is recommended that an inclusive approach be taken to the developing the climate change strategy, to ensure the strategy reflects the aspirations of the community and empowers community members to be part of climate change solutions.

Working with iwi

6.2 Conversations are underway with iwi to determine how they would like to be involved in the development of the strategy.

6.3 Council will provide regular updates on progress to Te Ohu Taiao and Te Ohu Whakahaere. An initial meeting was held with Te Ohu Taiao in February 2022 to discuss the climate change strategy and signal the commitment for Council to work with iwi on its development.

6.4 Staff could also work with Te Ohu Taiao and Te Ohu Whakahaere to organise a hui on the climate change strategy. This would provide iwi and Māori an opportunity to share their aspirations for the climate change strategy. It is also proposed that iwi nominate up to three representatives to be on the Taskforce (discussed below).

Establishing a Climate Change Taskforce

6.5 It is recommended that a Climate Change Taskforce be established, made up of iwi, technical experts, community representatives and elected members, to provide advice to Council staff on the strategy.

6.6 This model is similar to the reference group established to support the development of the Queenstown Climate and Biodiversity Strategy which includes scientists, elected members and technical experts. It also aligns with international models for public participation such as the Quadruple Helix model which recognizes four major actors: science, policy, industry, and society.

6.7 The Taskforce could be made up of the following experts and representatives:

· Up to three members nominated by iwi;

· One scientist (with a background in climate science);

· Up to three other technical experts (for example, experts in the energy, buildings, transport, or forestry sectors);

· One representative from Businesses for Climate Action (or other business representative);

· One representative from the Nelson Tasman Climate Forum;

· One young person (under 20);

· The Council Climate Change Manager.

6.8 The membership should also reflect the diversity of the Nelson community, by having a range of different ages, ethnicities, and genders.

6.9 Elected member representation on the Taskforce could be discussed alongside the proposed Terms of Reference at a following Committee meeting.

6.10 Having a mix of iwi, elected members, technical experts and community representation would ensure that a range of perspectives are considered in the development of the strategy, agreement can be reached on key issues, and the strategy is supported by robust science.

6.11 If the Committee agrees with establishing a Taskforce, staff will prepare a Terms of Reference and proposals on Taskforce membership and seek approval at a subsequent Committee meeting.

Alternative option: Establishing two groups – an advisory group and an elected member working group

6.12 An alternative option to the Taskforce is to establish two separate groups:

· An advisory group made up of iwi, technical experts and community representatives to provide advice to Council on the development of the climate change strategy; and

· An elected member working group, to provide governance support for the development of the climate change strategy. Having a separate working group would allow the space for all elected members with an interest to participate.

6.13 The advisory Group and elected member working group could come together at least twice throughout the development of the climate change strategy to discuss key matters.

6.14 If Council wishes to pursue this option, staff will bring Terms of Reference for the two groups, along with proposals for membership of these groups, to the next Committee meeting.

Public input on the draft climate change strategy

6.15 To date there has been significant engagement with the community on climate change matters, including through the Long Term Plan 2021 – 2031, the Nelson Tasman Climate Forum Climate Action Book (led by the Forum) and the Council’s Vision 2060 Framing Our Future Sustainability Strategy. This feedback will also inform the development of the climate change strategy.

6.16 Staff also recommend that input is sought from the Nelson community on the draft strategy through a public consultation process. This will help the strategy to reflect the community’s aspirations for climate action in Nelson and encourage community support. Staff could discuss the strategy with key community groups ahead of public consultation.

6.17 A hui could be held with rangatahi (young adults) recognising both that their future will be significantly impacted by climate change and the value of their activism in encouraging climate action.

7. Options

7.1 The following options are put forward for the Committee’s consideration:

Council has the option to develop or not to develop a climate change strategy
Option 1: Develop a climate change strategy (preferred option)
Advantages	· Build strong leadership on climate change · Set long-term direction on climate change · Build community support for Council direction on climate change
Risks and disadvantages	· Will take time (around 18 months) to develop the strategy
Option 2: Do not develop a climate change strategy
Advantages	· Council staff could focus on implementing and monitoring existing commitments and projects
Risks and Disadvantages	· Insufficient long-term direction on climate change – could lead to ad hoc development of policies and projects

Council has the option to establish a taskforce, to have an advisory group and working group or to not create any groups to support the strategy development
Option 1: establish a Climate Change Taskforce (preferred option)
Advantages	· More efficient, only one group for Council staff to support
Risks and Disadvantages	· The group will be large – it may be difficult to reach agreement on topics · Ensuring all members have a say will be a challenge for the chair
Option 2: establish two groups – an advisory group and an elected member working group
Advantages	· Ensures technical and community input into the strategy · Allows all interested elected members to participate · Keeps group sizes manageable for effective discussion and debate
Risks and disadvantages	· Resourcing required from Council staff to support two groups
Option 3: do not establish any groups to support the strategy development
Advantages	· Staff can focus on developing the strategy rather than supporting the groups
Risks and disadvantages	· Missed opportunity to build public support for the strategy · May not genuinely reflect the community’s aspirations

8. Next Steps

8.1 If the Committee accepts the recommendations in this report, staff will bring a report on group membership and terms of reference to a future Committee meeting.

Author: Rachel Pemberton, Manager Climate Change

Attachments

Nil

Important considerations for decision making

(a) Fit with Purpose of Local Government

The recommendations in this report will enable democratic decision-making by ensuring iwi and the community are able to input into the climate change strategy. The proposals will support work underway by central government and other organisations to transition to a low emissions and climate resilient economy. The climate change strategy will provide clear and comprehensive direction which enhances the social, economic, environmental and cultural wellbeing of the Nelson community.

(b) Consistency with Community Outcomes and Council Policy

The proposals in this report support the following community outcomes:

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

· Our unique natural environment is healthy and protected

· Our communities are healthy, safe, inclusive and resilient

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

(c) Risk

It is highly likely that the climate change strategy, if developed according to the process set out in this report, will achieve the goal of providing long-term direction on Council climate action. It is likely that this will then lead to greenhouse emissions reductions and strengthen Nelson’s resilience to climate change impacts.

Key risks (and consequences) include:

· Insufficient capacity from iwi to support the development of the climate change strategy, resulting in the strategy insufficiently representing the interests of iwi and incorporating te ao Māori.

· Divergent views of the Climate Change Taskforce resulting in delays developing the climate change strategy (moderate likelihood).

(d) Financial impact

No additional Council staff are needed to develop the climate change strategy. Budget may be required to provide support on working with iwi or embedding te ao Māori in the strategy, develop communications material for consulting on the draft strategy and presenting the final strategy. This will be funded out of the existing budgets – no additional funding is required at this stage.

(e) Degree of significance and level of engagement

This matter is of high significance because there is strong interest from the community in Council action on climate change and a strong need for urgent action on climate change. Because of this, Council staff will work with a Climate Change Taskforce (which will include community representatives) and prepare a draft strategy for public consultation.

(f) Climate Impact

Significant climate impact given the focus of the strategy is climate change.

(g) Inclusion of Māori in the decision making process

Council staff met with Te Ohu Taiao in February to discuss the approach to developing a climate change strategy.

(h) Delegations

The Environment and Climate Committee has been delegated all of the responsibilities, powers, functions and duties of Council in relation to climate change policy, monitoring and review.

Author: Rachel Pemberton, Manager Climate Change

Attachments

Nil

Item 10: Submission on reducing pokies harm

Environment and Climate Committee

16 June 2022

REPORT R26791

Submission on reducing pokies harm

1. Purpose of Report

1.1 To retrospectively approve the attached submission (A2862824) to the Department of Internal Affairs on its public discussion document Reducing Pokies Harm.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report Submission on reducing pokies harm (R26791) and its attachment and

2. Approves retrospectively the submission on reducing pokies harm.

3. Background

3.1 In March 2022, the Department of Internal Affairs (DIA) sought public feedback on options for strengthening the harm minimisation regulations for pokies. The deadline for submissions to DIA was 28 April 2022. This timeframe did not allow for the Committee to approve the submission before it was sent.

3.2 Information from DIA and the Problem Gambling Foundation was sought to inform the development of the submission, and in consultation with the Environment and Climate Committee Chair, this was prepared and submitted on behalf of Council. Retrospective approval of the submission is sought from this Committee. DIA has been advised that should the Committee decide not to approve the submission, it would be withdrawn.

3.3 In the discussion document, DIA acknowledged there are gaps in the current gambling harm regulations and that using tools within the existing legislation will be the fastest way to make improvements to the current system. Following this the Government will consider broader changes to the Gambling Act 2003.

3.4 The scope of DIA’s review is to look at changes to the Gambling (Harm Prevention and Minimisation) Regulations 2004.

3.5 The discussion document is split into three focus areas:

3.5.1 Reducing harm in venues (identifying and responding to signs of harmful gambling)

3.5.2 Reducing harm from pokie machines (changes to machine features that could make them safer)

3.5.3 Reducing harm through stronger compliance (penalties and enforcement).

3.6 The following is out of scope of the review:

3.6.1 Changes to the Act or systemic issues such as pokie machine numbers in high deprivation communities

3.6.2 Non-regulatory changes (supporting and additional operational changes are already being progressed)

3.6.3 Pokies in casinos are out of scope because they are dealt with differently in the Act.

4. Current context

Why pokies harm reduction is an important issue for Council

4.1 This issue is affecting the wellbeing of the Nelson community.

Pokies in New Zealand’s pubs, clubs and TAB venues are the most harmful form of gambling in New Zealand^{^[5]}. One in five pokie players are considered at-risk gamblers^{^[6]}. Pokies are also likely to be causing the most harm to those who can least afford it.

Gambling harm not only affects the individual, but can adversely affect their whānau, friends and the wider community.

4.2 It is important government and councils work together to protect the wellbeing of our communities.

Council is responsible, under the Gambling Act 2003, to have a gambling venue policy, and in doing so must “have regard for the social impact of gambling within the territorial authority district”^{^[7]}. Stronger rules within venues, and providing more explicit direction for venues and societies in applying those rules, will further strengthen the overall response to harmful gambling in our communities.

The content of the submission

4.3 The key position outlined in the attached submission is that Council agrees there are opportunities to strengthen the current regulations and that, overall, it agrees with the proposals detailed in the discussion document.

4.4 Under each of the focus areas, there are more specific responses to the Government’s proposals.

5. Options

5.1 Outlined below are two options for the Committee’s consideration.
Option 1 is the recommended option.

Option 1: Council retrospectively approves the submission on reducing pokies harm
Advantages	· Opportunity to influence the Government’s proposals to change regulations to reduce and minimise gambling harm. · Sends a message to the community that Council takes this issue seriously and is committed to reducing and minimising gambling harm.
Risks and Disadvantages	· None obvious.
Option 2: Council does not retrospectively approve the submission on reducing pokies harm
Advantages	· Those preferring the status quo regarding pokie harm processes may prefer Council to not make a submission.
Risks and Disadvantages	· Council is perceived by the community to not be taking this issue seriously. · Those involved in the sector do not have additional means by which to effectively mitigate pokies harm.

6. Next Steps

6.1 If the Committee approves the attached submission, we will confirm this with DIA. If it is not approved, the submission will be withdrawn.

Author: Ailish Neyland, Policy Adviser

Attachments

Attachment 1: A2862824 - Reducing Pokies Harm submission to DIA - 28Apr2022 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

2. Central government’s proposals to strengthen regulations to minimise gambling harm supports the social wellbeing of our communities.

3. Consistency with Community Outcomes and Council Policy

The issue of gambling harm aligns with the community outcome “Our communities are healthy, safe, inclusive and resilient”.

4. Risk

5. The risk to make this submission is considered low. The content of the submission is high-level and not likely to be seen as controversial by the Nelson public or the Government.

6. Financial impact

7. There are no associated costs with making this submission.

8. Degree of significance and level of engagement

This matter is of low significance as the proposals in the discussion document are high level and make up part of a wider government work programme to minimise gambling harm in our communities.

The consultation was open to the public so residents with particular views were able to make submissions.

9. Delegations

The Environment and Climate Committee has the following delegations to consider a submission on reducing pokies harm.

Areas of Responsibility:

· Gambling

Delegations:

· Approving submissions to external bodies or organisations, and on legislation and regulatory proposals

Item 11: Submission on the draft national adaptation plan and managed retreat proposals

Environment and Climate Committee

16 June 2022

REPORT R26881

Submission on the draft national adaptation plan and managed retreat proposals

1. Purpose of Report

1.1 To retrospectively approve the submission on Government’s draft national adaptation plan and managed retreat proposals.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report Submission on the draft national adaptation plan and managed retreat proposals (R26881) and its attachment (A2902002); and

2. Approves retrospectively the submission on the Government’s draft national adaptation plan and managed retreat proposals (A2902002).

3. Background

3.1 On 28 April 2022, central government released two documents for consultation:

· Adapt and thrive: Building a climate-resilient Aotearoa New Zealand: consultation document; and

· Te mahere urutaunga ā-motu (tuhinga hukihuki): Draft national adaptation plan

3.2 The Climate Change Response Act 2002 requires Government to release a national adaptation plan every six years to address the priority climate change risks identified in the National Climate Change Risk Assessment (NCCRA). Government is required to finalise the first national adaptation plan by August 2022 (two years after the release of the first NCCRA).

3.3 Government has released the draft national adaptation plan for consultation. The plan brings together in one document all of government’s policies for addressing climate change risks. The document contains the following chapters: system-wide actions; natural environment; homes, buildings and places; infrastructure; communities; economy and financial system; research strategy; and monitoring and reporting.

3.4 Government is also consulting on proposals related to managed retreat and flood resilience. These proposals relate to three “critical actions” included in the draft national adaptation plan: reforming the Resource Management System (including the proposed Climate Adaptation Act), passing legislation to support managed retreat and developing options for home flood insurance issues.

3.5 Consultation closed on 3 June 2022. Council staff prepared a submission (A2902002) which was provided to the Climate Change Governance Oversight Group for comment prior to being submitted on 3 June. Timeframes meant that the submission could not be approved by the Environment and Climate Committee in advance, as no Committee meetings were scheduled between 28 April and 3 June.

3.6 Council staff engaged with staff from other councils throughout New Zealand through the Aotearoa Climate Adaptation Network and Te Uru Kahika (Regional and Unitary Councils Aotearoa) in developing the submission.

4. Options

4.1 The options are to retrospectively approve or to not approve the submission. If the Council declines to retrospectively approve the submission, officers will notify the Ministry for the Environment that the submission should be withdrawn from consideration.

Option 1: Retrospectively approve submission (recommended option)
Advantages	Council’s views will be considered by the Government as it finalises the draft Plan
Risks and Disadvantages	The submission may not fully reflect the views of all elected members
Option 2: Do not retrospectively approve submission
Advantages	None
Risks and Disadvantages	Missed opportunity for Council to comment on the draft national adaptation plan and managed retreat proposals

Author: Rachel Pemberton, Manager Climate Change

Attachments

Attachment 1: A2902002 Council's submission on the draft national adaptation plan and managed retreat proposals ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

This report supports Council’s ability to influence legislation that will impact on its ability to deliver services to the community and support the community’s social, economic and environmental wellbeing.

2. Consistency with Community Outcomes and Council Policy

The attached submission supports the following community outcomes:

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

· Our unique natural environment is healthy and protected

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

3. Risk

Retrospective approval of the Council’s submission is low risk for Council as it will be considered alongside many other submissions from local government and other organisations on the draft national adaptation plan. The submission has also been discussed with a number of other councils – it is broadly consistent with the view of other councils.

4. Financial impact

The contents of this report do not result in any direct financial impact.

5. Degree of significance and level of engagement

This matter is of low significance to the community as it is providing feedback to be considered through a central government process, therefore community engagement has not been undertaken. Members of the Nelson community had the opportunity to engage directly with central government through the consultation process.

6. Climate Impact

Submitting on the draft national adaptation plan and managed retreat proposals demonstrates Council commitment to addressing climate change.

7. Inclusion of Māori in the decision making process

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

8. Delegations

The Environment and Climate Committee has the appropriate delegations in consideration of this report and making a recommendation to Council.

Areas of Delegations:

· Approving submissions to external bodies or organisations, and on legislation and regulatory proposals

Powers to Recommend to Council:

· Approval of final versions of strategies, policies and plans

On the recommendation of the Chair of the Environmental and Climate committee and Mayor, matters within the area of responsibility of a particular committee, subcommittee or subordinate decision-making body may be considered directly by Council instead.

Item 12: Environmental Management Quarterly Report 1 January 2022 - 31 March 2022: Attachment 1

Environment and Climate Committee

16 June 2022

REPORT R26830

Environmental Management Quarterly Report 1 January 2022 - 31 March 2022

1. Purpose of Report

1.1 To report on financial and non-financial performance measure results (timeframes, risks and key issues) for the third quarter of the 2021/2022 financial year for the Environmental Management Group activities.

1.2 The following activities are included: City Development, Building, Resource Consents and Compliance, Planning, and Science and Environment. Climate Change, which is the responsibility of the Strategy and Communications Group, is also included in this report.

2. Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Quarterly Report 1 January 2022 - 31 March 2022 (R26830) and its attachments (A2888077, A2876356, A2887323, A2862473, A2886850, A2886938)

3. Key performance indicators

3.1 The full performance measure details and results for quarter three are attached (Attachment 1). The measures that are not on track relate to processing of resource consents, building consents and code of compliance certificates.

3.2 In relation to resource consents, as in quarter one and two, staff shortages, application numbers and complex consents have resulted in non-compliance with the statutory timeframe for processing consents; averaging 73% on time. Some of the vacant positions in the team have been filled and training is underway.

3.3 In relation to building consents, factors that have contributed to non-compliance include high consent numbers, staff shortages, ongoing recruitment difficulties, and the demanding workloads of consultants affecting their ability to deliver. Building consents are 97% on time and code of compliance certificates are 93% on time.

3.4 The four performance measures that are not measured yet, are timing related. The compliance strategy review is yet to be undertaken, the recreational bathing programme is still underway, the State of the Environment measure is only required every five years, and the City Centre programme every three years.

4. Financial results

Profit and Loss by Activity

Variance commentary

4.1 As at 31 March 2022, Capital Expenditure is $1.2m behind budget. Level of Service, Renewals and Growth are behind budget by $1.1m, $131,000 and $44,000 budget respectively. Capital Expenditure is forecasted to be $1.4m under budget, mostly due to the scope of the Streets for People project reducing this year and moving into next year, in order to wait for the Infrastructure Acceleration Fund.

4.2 Monitoring The Environment expenditure is less than budget by $264,000. Several expenditure items are behind budget as the majority of the programme will be completed over Autumn. State of Air Quality Monitoring ($30,000) and Environment Monitoring Iwi Indicators ($22,000) are behind budget, and these are anticipated to be spent. Staff Expenditure is $69,000 behind due to staff time allocation.

4.3 Developing The Resource Management Plan expenditure is less than budget by $918,000. Significant changes to the programme of works were approved by Council in November 2021. This has delayed major work that was to occur this year and has resulted in underspends across expenditure items with Nelson Plan expenditure being under budget by $929,000 and forecasting to be $1.0m under budget by the end of the year.

4.4 Environmental Advocacy/Advice income is greater than budget by $198,000. Maitai Ecological Restoration Project Grant is $180,000 ahead of budget due to being paid in advance of expenditure.

4.5 Environmental Advocacy/Advice expenditure is less than budget by $617,000. Nelson Nature expenditure items are behind budget by $234,000. Some work is completed and awaiting invoices. The bulk of the programme is to be completed in quarter four; contracts are being finalised to complete the remainder of the work. Regional Sector Programmes is $56,000 under due to no invoice being received yet. The Insulation Grant Programme is under budget by $36,000 due to a prior year applicant refunding an unspent portion of their grant. Staff Expenditure is $243,000 behind due to staff time allocation.

4.6 Building Services income is greater than budget by $493,000. Building Consent income and Quality Assurance levies are ahead of budget by $287,000 and $140,000 respectively with stronger market demand than anticipated.

4.7 Building Services expenditure is greater than budget by $339,000. Master Builder Digital Services are $24,000 over budget which is directly linked to increased consent numbers. Staff costs are $300,000 ahead of budget which is mainly due to the cost of using contractors. Contractors have been required to keep up with increased demand and to fill in for staff vacancies.

4.8 Resource Consents income is less than budget by $188,000. Consent fees are $173,000 behind budget although the consent application numbers are similar when compared to last year. There is a lag in invoicing which is causing part of this variance. Income is expected to finish at a similar level to last year and around $115,000 under budget by year end.

4.9 Resource Consents expenditure is greater than budget by $280,000. External Consultants are over budget by $241,000 and forecast to be $295,000 over budget by the end of the year. This is driven by vacancies requiring consultants to perform work to deal with the volume and complex nature of consents being sought as well as the actual charge out rates charged to the applicant, being less than the actual charges of the various consultants.

5. Key activities

City Development

Nelson Tasman Future Development Strategy

5.1 The Draft Nelson Tasman Future Development Strategy 2022-2052 (FDS) went out for public consultation from the 14 March to 14 April 2022. A total of 558 submissions were received during the consultation period. The hearings were held over 4 days and 133 submitters were scheduled to speak to their submissions.

5.2 An analysis of the submissions is being prepared for the deliberations meeting when the Subcommittee will deliberate and develop recommendations to the Joint Committee of the Nelson and Tasman councils.

5.3 The FDS, a joint project with TDC, is a large and technically complex project addressing residential and commercial growth. The project has been further complicated by strict time constraints. A huge amount of time and effort from the community, council officers and elected members has gone into progressing the project to this point. The project is on track and a Joint Committee meeting, where the final decision on the FDS will be made, is scheduled for 27 July 2022. Officers will be reviewing process improvements at the end of the project.

City Centre

5.4 Work on Stage 1 Schematic Design for Bridge Street Linear Park / Linear Active Transport Corridor is underway with Council’s Transport Team developing options over a 3-month programme to align with Kāinga Ora’s anticipated development programme. A workshop in relation to the Bridge Street Schematic Design is expected to be held in July 2022.

5.5 The City Centre Programme Development Lead is working with Council’s Property Team to ascertain potential properties in the central city suitable for a play area. Council’s Parks Team is supportive of the approach. A property brief has been developed to assist with this investigation.

5.6 Streets for People funding for tactical street trials is currently in discussions, with three potential projects for consideration in the next 6-8 months.

Housing

5.7 Phase 1 of the Housing Reserve grants has been completed with two grants being approved, one of $1million to Habitat for Humanity for their development at 623 Main Road Stoke and the other of $850,000 to Nelson Tasman Housing Trust for their development at 99 Muritai Street.

5.8 The establishment of Phase 2 of the Housing Reserve is subject to workshop discussions with the Urban Development Subcommittee in the coming months and decisions following consideration of a report.

5.9 Requests for proposal for the purchase and development of a residential intensification exemplar at 6 and 8 Totara Street were completed, and officers will provide a progress update at the meeting on 16 June 2022.

5.10 The Strategic Housing Adviser and the City Centre Development Programme Lead worked as part of a cross Council team on applications to the Infrastructure Acceleration Fund. Two applications were successful (Bridge Street Linear Active Transport Corridor and Hoiroirangi) and officers will now be participating in negotiations.

5.11 The Strategic Housing Adviser has been working with a project team from Kāinga Ora to progress the sale of 69 to 101 Achilles Avenue and 42 Rutherford Street to Kāinga Ora for social and affordable housing.

Building

5.12 Quarter three statistics and comments are attached (Attachment 2).

5.13 An upgrade to the Go Get consenting system, which will help to streamline processes, was planned for June 2022, but has been rescheduled for the 2^nd quarter next financial year. The rescheduling is necessary because other upgrades to Council’s systems (information management system move from Objective to SharePoint, and the MagiQ cloud integration project) need to be completed before the upgrade to the Go Get system can commence.

5.14 The Compliance Schedule project, an independent review of Council’s Compliance Schedule procedures and systems, started in early March. The project aims to improve the efficiency of the process, from receipt of the application through to the issuing of the Code Compliance Certificate, and to address the issues related to the General Non-Compliance’s identified by IANZ audits over the past 3 cycles. A consultant has been engaged to complete the review of the Building Consent Authority’s system/processes. The consultant has considered the IANZ reports, undertaken interviews with staff, and made recommendations. Work is underway to implement recommendations to clarify processes, improve the final Compliance Schedule product and to minimise IANZ non-compliance comments at the next audit, scheduled for June 2023.

Resource consents and compliance

5.15 Quarter three statistics are attached (Attachment 2). The number of consent applications received are at a similar level to last year. The increasing complexity of developments means decisions are taking longer to issue and increases the workload for the Compliance and Monitoring team.

5.16 The harbourmaster vessel was out for a routine engine service in February and water was found in the gearbox oil. New parts had to be shipped from Australia leaving the vessel out of action for a couple of weeks. NMIT’s vessel was chartered to provide some on-water coverage while repairs were undertaken. The 2022/23 budget includes capex for new engines but alternatives to repairing the vessel have been considered. A proposal for a replacement vessel has been reported separately to Council.

Environmental Planning

5.17 The Environmental Planning team is progressing its work programme in relation to key topics including housing, coastal hazard planning, and freshwater planning.

5.18 The Housing Plan Change (PC29) is under development. Aspects of PC29 have been the subject of previous reports to this Committee and Council. Officers and consultants are preparing the content of the plan change and supporting documentation.

5.19 Natural hazards planning work has been a significant focus for the team in this quarter, with Land Information Memorandum (LIM) notifications in train to be issued as a consequence of updated reports on liquefaction, fault rupture, and slope instability. Additionally, the team is contributing to the coastal hazard project, and flood hazard work.

5.20 Collaboration on freshwater planning with Te Tau Ihu iwi is progressing. The current focus is on project set-up and relationship development to support successful ongoing collaboration.

5.21 The review of the Urban Environments Bylaw has been completed, following the hearing of submissions and deliberations. Two additional workstreams follow the adoption of the Bylaw - a potential new ‘alcohol-ban’ area in the Wood area and comprehensive review of control of structures on footpaths. Controls around structures on footpaths will be part of the City Amenity Bylaw review process expected to start later this year.

5.22 The Maitahi/Bayview Private Plan Change is progressing towards a hearing by independent commissioners in July 2022.

Science and Environment

5.23 Delivery of Science and Environment programmes is progressing as expected. Project updates have been provided via the Councillor’s newsletter where appropriate, and there are no key updates for business as usual.

5.24 The Institute of Environmental Science and Research (ESR) has received government funding through Jobs for Nature to support fixed term freshwater monitoring roles in 10 Councils, including Nelson City Council. The role offers an opportunity to recruit a person with Te Tauihu Iwi affiliations who wishes to understand more about Council processes and methods. The new employee will work on a specific ESR project and will help to deliver the freshwater monitoring programme.

5.25 Monthly rainfall totals for the quarter across the region were higher than long term averages due to two large, multi-day rainfall events in February. Rainfall details are attached (Attachment 3). Totals for February were at least three times what are usually seen in February. The Collins River peaked at 123 m³/s on 5 February 2022 which is estimated to be a 150-year return event. In contrast, January and March were dry months with lower-than-average totals.

5.26 The focus for Project Mahitahi in the last quarter has been on preparing for the planting of over 70,000 trees in the upcoming planting season. The Project has been successful in securing funding for trees from a range of sources including Government through MPI and Trees that Count. Ngati Kuia recently joined the Project Governance Board to sit alongside Ngati Koata, Ngati Rarua and Te Atiawa representatives in steering the direction of the work. The quarterly report to the Project Mahitahi Governance Board is attached (Attachment 4 A2862473)

5.27 The Warmer Healthier Homes Nelson Tasman Marlborough Project interim six-monthly report covering 1 July to 31 December 2021 (Attachment 5, A2886850), along with the audited financial statements to 30 June 2021 (Attachment 6 A2886938), have been received from the Warmer Healthier Homes Steering Committee and Warmer Healthier Homes Te Tau Ihu Charitable Trust.

5.28 The Chair Mr Leeson Baldey, has stated that on behalf of the Steering Committee and Trustees he would like to thank Nelson City Council for their generous contributions and support of the project. He notes that the project continues to deliver tangible benefits to the community and there is still more work to do.

5.29 Key highlights of the report include:

· 213 properties insulated across Te Tau Ihu between 1st July 2021 and 31 December 2021

· a total of 2,776 properties occupied by low-income families and families with respiratory related health conditions have been insulated since the project’s inception in 2014

6. Legal Proceedings Update

6.1 A dog attack hearing has been set for 22 June 2022. A disqualified dog owner is appealing the District Court decision to the High Court.

6.2 The Building team has two legal proceedings in progress.

7. Risks and Challenges

7.1 Recruitment and retention of planning staff continues to be difficult. There are multiple vacancies in the Environmental Planning team, including the Team Leader and Principal Planner. The impact of staff losses and volume of work are affecting the delivery timeframes for projects.

7.2 Recruitment within the Building team is continuing, but applicants with the required qualifications, relevant experience and competencies are proving difficult to find. With the upcoming retirement of a senior building inspector to add to the existing vacancies, the Building Control Authority (BCA) will need support from external contractors to manage inspection demand along with overflow processing capacity.

7.3 Due to the lack of qualified experienced people in the marketplace, the recruitment strategy for the Building Unit has now changed to looking at recruitment from the trades sector as it has proved too difficult to find people with the required skill sets and qualifications elsewhere. The intention is to train these new team members in the roles. This will require the continued support of contractors until such time as the vacant roles have been successfully filled and the required competencies within the team have been gained. A Building Officer within the inspection field has recently been recruited from the trades sector.

7.4 A review of the Building Act is due to begin this year. The outcome of the review is uncertain and may bring about changes to the BCA’s functions.

7.5 Recruitment in the Resource Consents team continues, and vacancies are slowly being filled. As it has proved difficult to find experienced people to fill vacancies, the new team members are inexperienced, but will be supported and trained in the roles. The positions won’t be fully effective for several months, as it takes time to train and mentor new staff.

7.6 As there are many external opportunities available for experienced staff, a focus on the retention of staff is also key. Conversations with individuals have occurred to identify any support needed. Remuneration reviews, flexible working arrangements and encouraging training and professional development opportunities are other actions taken. Reliance on consultants to assist with the workload is required while recruitment and training continues.

8. Climate Change update

Draft National Adaptation Plan released

8.1 The draft national adaptation plan was released for consultation on 28 April 2022, along with proposed policies on managed retreat which will inform the development of the proposed Climate Adaptation Act. Consultation closes on 3 June 2022.

8.2 The first national adaptation plan will set direction on how Aotearoa New Zealand will adapt to the unavoidable impacts of climate change and address key climate risks identified in the National Climate Change Risk Assessment which was published in 2020. The draft national adaptation plan focuses on three key areas:

· Reforming institutions to be fit for a changing climate

· Providing data, information and guidance to enable everyone to assess their own climate risks

· Embedding climate resilience across government strategies and policies

8.3 Officers will work with the Climate Change Oversight Governance Group to prepare a submission. Retrospective approval will be sought from the Environment and Climate Committee on 16 June.

8.4 The national adaptation plan will be finalised by Government and released in August 2022. Government aims to introduce the Climate Adaptation Act (which will include tools to assist with managed retreat and funding and financing mechanisms) into Parliament in 2023.

New data on relative sea-level rise

8.5 On 2 May 2022, new sea-level rise projections were released as part of the NZ SeaRise: Te Tai Pari O Aotearoa programme. This data shows projected sea-level rise for specific locations in Aotearoa New Zealand out to 2300. The new data takes into account vertical land movement as well as updated projections from the International Panel on Climate Change’s (IPCC) sixth assessment.

8.6 The SeaRise data shows the urban area of Nelson is subsiding by an average of around 2mm per year. Urban areas of Nelson are predicted to face between 0.4 and 0.7 metres of relative sea-level of rise in the next 50 years. This represents an increase of 0.1 to 0.2 metres over previous Ministry for the Environment projections. A range is given (rather than a specific number) as the rate of sea-level rise that will be experienced depends on the success of global efforts to reduce greenhouse gas emissions and how polar ice caps respond.

8.7 Officers are reviewing models to see how this new data on subsidence and updated sea level rise data may affect results. Officers are also looking at how the new information affects Council’s adaptation response planning.

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

8.8 Council is preparing to engage with the community in June and July 2022 on coastal hazards and lower Maitai River flooding, following the ‘DAPP’ process recommended by the Ministry for the Environment. DAPP is a multi-year, iterative process which will enable Council to work with the community to develop a plan to reduce vulnerability to climate risks.

8.9 Through the engagement planned for June and July, the aim is to achieve the following outcomes:

· Improved community understanding of the impacts of climate change on the coast and lower Maitai River

· Identification of Nelson communities’ values in relation to the low-lying coastal and river floodplains

· Improved understanding of future opportunities to participate in Council planning to address climate change impacts.

8.10 Following community engagement, a workshop will be held with elected members to summarise what Council has heard and develop outcomes to guide future adaptation planning.

8.11 The feedback received in June and July will enable development of detailed options and assessment of the associated costs before further conversations with the community to decide on the adaptation plan. The plan will need to be agile and dynamic so that the latest science and data can be considered as it comes to light.

Council carbon footprint audit

8.12 Council has completed the verification of its fourth operational carbon footprint inventory for the financial year (FY) 2020/21. The total greenhouse gas (GHG) emissions for this period are 16,200 tonnes of CO2, a 33 per cent reduction in comparison to base year (FY 2017/2018). The highest reduction in emissions was from landfill and the wastewater treatment plant. The Council website has been updated to include the latest inventory data.

8.13 The graph below represents the GHG emissions estimated for each financial year since 2017/18. In accordance with ISO 14064-1 directions, the baseline for 2017/18 was recalculated to take account of methodology and emission factors changes. However, the 2018/19 and 2019/20 inventories were calculated using different baseline methodology. Therefore, comparisons between the base year (2017/18) and 2020/21 accurately show the actual emissions reductions, but comparisons with 2018/19 and 2019/20 should be treated with caution.

Iwi carbon footprint

8.14 Council is supporting iwi to develop internal capability to produce their own operational carbon footprints. By measuring GHG emissions, iwi will be able to identify the highest sources of GHG emissions and prioritise initiatives to reduce them. This project will be delivered within a “pay it forward” scheme, where Council will work with one iwi to upskill them in developing a carbon footprint, and then this iwi will share their knowledge with other Te Tau Ihu iwi. Ngāti Apa ki te Rā Tō has confirmed their participation on this collaborative initiative and the project will run from June to December 2022.

Author: Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1: A2888077 - Environment and Climate Committee Performance Measure Results Quarter Three 2021/22 ⇩

Attachment 2: A2876356 - Building and Consents and Compliance statistics ⇩

Attachment 3: A2887323 - Rainfall graphs quarter three 2021/22 ⇩

Attachment 4: A2862473 - Project Mahitahi - Governance Group report - Jan-March2022 ⇩

Attachment 5: A2886850 - Warmer Healthier Homes six monthly report Jul - Dec 2021 ⇩

Attachment 6: A2886938 - Warmer Healthier Homes - financial statements to 30 June 2021 ⇩

PDF Creator

[1] C40 Cities, Guide to structuring and writing a climate action plan: aligned with the Paris Agreement, https://resourcecentre.c40.org/

[2] International Panel on Climate Change (2022), Climate Change 2022: Mitigation of Climate Change, https://www.ipcc.ch/report/sixth-assessment-report-working-group-3/

[3] International Panel on Climate Change (2022), Impacts, Adaptation and Vulnerability, https://www.ipcc.ch/report/ar6/wg2/

[5] https://www.dia.govt.nz/diawebsite.nsf/Files/Gambling-Reducing-Pokies-Harm/$file/Reducing-Pokies-Harm-Public- Discussion-Document-1.pdf

[6] https://www.health.govt.nz/publication/draft-strategy-prevent-and-minimise-gambling-harm-2022-23-2024-25

[7] https://www.legislation.govt.nz/act/public/2003/0051/latest/DLM207497.html

Resolved EC/2022/032
	*That the Environment and Climate Committee* 1. Receives the late submission #31904-1 from Mr Gaire Thompson (A2895034).
McGurk/Courtney Carried
Attachments 1 A2895269 - Late Submission G Thompson 26May2022

Excerpt from Nelson City Council Delegations Register (A11833061)

Environment and Climate Committee

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