That the Council

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

That the Council

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

That the Council

1.    Confirms the minutes of the extraordinary meeting of the Council, held on 26 May 2022, as a true and correct record.

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 7 June 2022, as a true and correct record.

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 14 June 2022, as a true and correct record.

That the Council

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

Recommendation to Council

That the Council

3.    Approves unbudgeted additional capital funding of $2 million in 2022/23 for the Washington Valley Infrastructure Upgrade project to cover the cost of previously unidentified and unknown coal tar, a hazardous material, to be disposed of at York Valley Landfill.

Recommendation to Council

That the Council

1.    Approves the Memorandum of Understanding between Nelson City Council and Tasman District Council for the development of a joint regional cemetery (A2876360) for signing; and

2.    Delegates responsibility for agreeing to any minor changes to the Memorandum of Understanding (A2876360) to the Nelson City Councillor who is Co-Chairperson of the Joint Regional Cemetery Working Group, in consultation with the Co-Chairperson counterpart from Tasman District Council.

Recommendation to Council

That the Council

1.    Adopts the Out and About – On Tracks Strategy 2022 (A2471811); and

2.    Delegates responsibility for agreeing to any minor amendments to the Out and About – On Tracks Strategy 2022 (A2471811) to the Chair of the Community and Recreation Committee and the Group Manager Community Services.

Recommendation to Council

That the Council

1.    Revokes the decision CL/2019/261 made at the Council meeting on 12 December 2019:

        That the Council

                                                                                                   Agrees to provide business advice to support the Nelson Centre of Musical Arts over January - June 2019/20 up to the value of $10,000 in unbudgeted expenditure, on the understanding that the Nelson Centre of Musical Arts will contribute $5,000 (up to a total value of $15,000).

That the Council

1.    Receives the report Status Report  (R26688) and its attachment (A1168168).

That the Council

1.    Receives the report Acting Mayor's Report (R26978) and its attachment (A2909891 and A2913709); and

2.    Supports the proposed Remits to the Local Government New Zealand AGM 2022, as discussed:

a.     Remit 1 – support/not support

b.    Remit 2 - support/not support

c.     Remit 3 - support/not support

d.    Remit 4 - support/not support

e.     Remit 5 - support/not support

f.     Remit 6 - support/not support

3.    Approves Council’s submission to the Electoral (Māori Electoral Option) Legislation Bill.

That the Council

1.    Receives the report Supplementary information - Holding Company decision (R26983) and its attachments (A2907846 DLA Piper signoff incl 7 June JSC changes to constitution and SHA, and A2904604 Summary of constitution - changes incl 7 Jun JSC).

Recommendation from the Joint Shareholders Committee

The Council notes that:

Purpose

A.    The purpose of these resolutions is to seek the Council’s approval of the documents and transactions necessary to approve the:

a)    Restructuring Proposals (including the Initial Share Issue); and

b)    Financing Proposals (including the New Share Issue). 

B.    The Restructuring Proposals, Initial Share Issue, Financing Proposals and New Share Issue are explained below.

A new holding company for Port Nelson Limited and Nelson Airport Limited

C.    Nelson City Council and Tasman District Council (together, the Shareholders) have together been investigating the incorporation of a holding company which they will own in equal shares. The holding company will hold and administer investments in entities in which the Shareholders have a substantial interest for the benefit of the Nelson and Tasman regions, being Port Nelson Limited (PNL) and Nelson Airport Limited (NAL). 

D.    Nelson City Council and Tasman District Council through their Long Term Plan process and Joint Shareholders Committee (JSC), have each received and reviewed advice from Deloitte about operational synergies of holding investments, being PNL and NAL, in a holding company, and tax structure options.

E.    The name agreed for the holding company is Infrastructure Holdings Limited (IHL).

F.     The initial directors approved for IHL are Catherine Taylor, Paul Steere, Gerrard Wilson and Paul Zealand and an independent chairperson is being recruited.

Restructuring Proposals

G.    As part of the proposal to incorporate IHL, it is proposed that each of the Shareholders transfer all their shares in PNL and NAL to IHL (Share Sale) for $8,446,000 in total (Purchase Price). The Purchase Price will be owed to the Shareholders in equal portions (being $4,223,000 each). The Crown holds, and will continue to hold, one special “Kiwi Share” in NAL.

H.    The Purchase Price allocation is:

a)    $2,400,000 for the shares in NAL; and

b)    $6,046,000 for the shares in PNL.

I.     Nelson City Council and Tasman District Council will each subscribe for 42,230 ordinary shares in IHL (being 84,460 ordinary shares in total) (Initial Shares), at an issue price of $100.00 per share (Initial Share Issue). The total subscription amount for the Initial Shares is therefore $8,446,000 (Initial Subscription Amount), which is equal to the Purchase Price. 

J.     Accordingly, the Purchase Price will be satisfied on a cashless basis by set-off against the Initial Subscription Amount.

K.    The sale of shares in PNL and NAL and the subscription for the Initial Shares will be referred to in these resolutions as the “Restructuring Proposals”.

Financing Proposals

L.     The New Zealand Local Government Funding Agency Limited (LGFA) is a limited liability company owned by central government and local authorities. It was established to borrow funds and then on-lend those funds to local authorities and (now) council-controlled trading organisations (CCTOs) at lower margins than those local authorities and council-controlled organisations would otherwise pay. 

M.    Currently, PNL and NAL service their debt requirements through ordinary bank borrowing from Westpac New Zealand Limited (Westpac). However, it is projected that PNL’s and NAL’s debt requirements and financing costs may increase over the next 10+ years to meet infrastructure-upgrade demands.

N.    Given the projected increase in PNL’s and NAL’s debt requirements and financing costs, IHL’s primary purpose is to operate as a treasury vehicle for PNL and NAL. To achieve this purpose, it is further proposed that (Financing Proposals) IHL will:

a)    join the LGFA borrowing programme (LGFA Accession) as a CCTO, following which, IHL will be able to borrow funds directly from LGFA by issuing securities to LGFA;

b)    enter into borrowing and risk hedging facilities with Westpac, which is PNL’s and NAL’s current bank; and

c)    on-lend amounts borrowed from the LGFA borrowing programme and Westpac to PNL and NAL under intra-group funding arrangements.

O.    Joining the LGFA borrowing programme will enable IHL to access cheaper core debt on behalf of PNL and NAL. As a “port company” under the Port Companies Act 1988, PNL is not permitted to join LGFA and NAL does not have the scale to make joining LGFA economical.  It is considered that, once implemented, the Financing Proposals will deliver considerable financial benefits, including savings in financing costs for PNL and NAL and, consequently, increased dividend return to Nelson City Council and Tasman District Council (as the ultimate owners of PNL and NAL). Nelson City Council and Tasman District Council through their Long Term Plan process and the JSC have each received and reviewed advice from Deloitte about LGFA funding benefits.

P.    PNL and NAL will continue to require the flexibility offered by Westpac’s transactional banking products. IHL will also enter into borrowing and risk hedging facilities with Westpac for working capital requirements and risk-management (such as interest-rate hedging).

The LGFA Accession and Westpac facilities

Q.    LGFA and Westpac will require certain credit support as conditions to the LGFA Accession and the availability of the Westpac facilities. Such credit support will include:

a)    a subscription from the Shareholders for an agreed amount of uncalled and unpaid equity capital in IHL (further details are described below);

b)    IHL, PNL and NAL will each cross-guarantee each other’s obligations to LGFA, Westpac as lender under borrowing facilities and Westpac as counter-party to risk-management facilities (together, the Finance Parties); and

c)    IHL, PNL and NAL will each grant general security over all of their personal property in favour of the Finance Parties.  In the case of IHL, this will include security over its right to call for uncalled and unpaid equity capital.

R.    As mentioned above, it will be a condition to the LGFA Accession and the availability of the Westpac facilities that the Shareholders subscribe for, and IHL issues to the Shareholders (New Share Issue), a further 1,165,000 ordinary shares each (totalling 2,330,000 ordinary shares) in IHL (New Shares) for an issue price of $100.00 per share. The total amount payable for the New Shares will therefore be $233,000,000 (Issue Amount). The Issue Amount will remain uncalled and unpaid until such time as the directors of IHL make a call on the New Shares for the Issue Amount. 

Shareholder approvals

S.    The Restructuring Proposals and the Financing Proposals will require the approval of the Shareholders as:

a)    the proposals are, or may be, “major transactions” (as defined in section 129 of the Companies Act 1993 (Act));

b)    the Initial Share Issue and the New Share Issue require the agreement of IHL’s entitled persons (as that term is defined in the Act) for the purposes of section 107(2) of the Act. The only entitled persons of IHL will be the Shareholders; and

c)    Nelson City Council and Tasman District Council (as the shareholders of IHL) must consent, for the purposes of section 50 of the Act and for all other purposes, to becoming the holder of the Initial Shares and the New Shares.

T.    Accordingly, IHL’s board of directors will, at the relevant times, separately request that Tasman District Council and Nelson City Council (as shareholders and entitled persons of IHL) confirm and approve IHL’s entry into, execution and performance, of the:

a)    Restructuring Proposals (including the Initial Share Issue); and

b)    Financing Proposals (including the New Share Issue),

by separate unanimous resolutions and entitled persons’ agreements.  The unanimous resolutions and entitled persons’ agreements for the Restructuring Proposals and the Financing Proposals are together referred to as the “Unanimous Shareholder Resolutions and Entitled Persons’ Agreements”.

Next steps

U.    In order to incorporate IHL and give effect to the Restructuring Proposals, the Shareholders will need to:

a)     register IHL as a limited liability company on the New Zealand Companies Office and each complete the Companies Office requirements in relation to the incorporation of IHL (such as shareholder consent forms) (Companies Office Forms);

b)     appoint directors to the board of IHL (including an independent chairperson);

c)     cause IHL to adopt the constitution in the form attached (the Constitution);

d)     enter into a shareholders’ agreement (which will include the subscription provisions for the Initial Shares) with IHL, in the form attached (the Shareholders’ Agreement);

e)     enter into a sale and purchase agreement with IHL relating to the transfer of shares in PNL and NAL in the form attached (the Sale and Purchase Agreement);

f)     execute and deliver the share transfer forms (in the form attached) in relation to the Sale and Purchase Agreement (the Share Transfer Forms); and

g)     any other documents necessary or desirable in connection with the Restructuring Proposals.

The Companies Office Forms, Shareholders’ Agreement, Sale and Purchase Agreement, Share Transfer Forms and any other documents captured by paragraph U.g) above, are together referred to as the “Restructuring Documents”, and the transactions contemplated by the Restructuring Documents are referred to as the “Restructuring Transactions”.

V.    In order to give effect to the Financing Proposals, each of the Shareholders will need to enter into:

a)     a subscription agreement (in the form attached) with IHL, under which the Shareholders will subscribe for the New Shares (Subscription Agreement);

b)     (as part of the LGFA Accession) accession deeds to the multi-issuer deed and notes subscription agreement (which Tasman District Council and Nelson City Council are each already a party to) (Accession Deeds); and

c)     any other documents necessary or desirable in connection with the Financing Proposals.

The Subscription Agreement, the Accession Deeds and any other documents captured by paragraph 0 are together referred to as the “Financing Documents” and the transactions contemplated by the Financing Documents are referred to as the “Financing Transactions”.

Documents

W.   The Council tables the most recent drafts of the Restructuring Documents, the Subscription Agreement and the Unanimous Shareholder Resolutions and Entitled Persons’ Agreements.

X.    The Council has not tabled copies of the Accession Deeds because they are not yet available for the Council to review and approve.  However, the Accession Deeds will be based on the standard form for accession deeds scheduled to the LGFA Multi-Issuer Deed and Notes Subscription Agreement respectively.

That the Council resolves:

1.    the Council consents, for the purposes of section 50 of the Act and for all other purposes, to being the joint owner in equal shares of the Initial Shares and the New Shares;

2.    the form of the Constitution be approved, and the Shareholders will cause IHL to adopt the Constitution;

3.    the Restructuring Documents and the Restructuring Transactions (including, specifically, the Initial Share Issue) are approved, and any pre-emptive rights available to the Shareholders in relation to the Share Sale are to be waived in the Sale and Purchase Agreement;

4.    the Financing Documents and the Financing Transactions (including, specifically, the New Share Issue) are approved;

5.    the forms of the Unanimous Shareholder Resolutions and Entitled Persons’ Agreements are approved;

6.    the Council enters into and, following execution, delivers and performs its obligations under, each of the Restructuring Documents and the Financing Documents and that these documents may be executed by:

a)    (in the case of agreements) the Chief Executive; and

b)    (in the case of deeds) two elected members,

on behalf of the Council, subject to any minor amendments cleared by both Tasman District Council’s and Nelson City Council’s legal advisors;

7.    when requested to do so by the board of IHL, the Chief Executive is authorised to sign the Unanimous Shareholder Resolutions and Entitled Persons’ Agreements on behalf of the Council, subject to any minor amendments cleared by both TDC’s and NCC’s legal advisors;

8.    the Chief Executive is authorised on behalf of the Council to, subject to clearance by both Tasman District Council’s and Nelson City Council’s legal advisors:

a)    approve any further minor amendments to the Restructuring Documents, the Financing Documents and the Unanimous Shareholder Resolutions and Entitled Persons’ Agreements prior to their execution; ands

b)    enter into, execute, and deliver such other agreements, instruments, notices, communications, and other documents; and

c)    do such other things, in connection with the Restructuring Documents and the Restructuring Transactions, the Financing Documents and the Financing Transactions, and the Unanimous Shareholder Resolutions and Entitled Persons’ Agreements, as the Chief Executive may consider necessary.

That the Council

1.    Receives the report Water Services Entities Bill Submission (R27006); and the Engagement Summary (A2919612) and Complete Feedback (A2919617) and

2.    Approves the draft Council submission (A2918988) to the Finance and Expenditure Select Committee on the Water Services Entities Bill; and

3.    Agrees that the Mayor, Infrastructure Committee Chair and Chief Executive be delegated authority to approve minor editorial amendments to the Council submission (A2918988).

That the Council

1.    Receives the report Tahunanui off-street parking (R26497) and its attachments (A2906154 and  A2909737); and

2.    Notes the work undertaken to explore off-street parking options pending the reinstatement of the Tahunanui southbound merge lanes by Waka Kotahi; and

3.    Notes that no reasonably practical proposal option to replace off-street parking when Waka Kotahi reinstates the southbound Tahunanui Drive merge lanes has been identified at this stage; and 

4.    Notes that officers will continue to explore options and report any opportunities back to Council; and  

5.    Notes that officers will continue to work and liaise with Waka Kotahi to ensure that safety matters are addressed for all users prior to the reinstatement of the Tahunanui southbound merge lanes. 

That the Council

1.    Receives the report Request for Outdoor Dining Structure on Hardy Street (R26987) and its attachment (A2910349); and

2.    Approves the application for an outdoor dining structure outside 274-278 Hardy Street (Parts & Services and Urban), subject to the applicant securing all consents and all necessary Council signoffs; and

3.    Approves an outdoor dining structure outside 280 Hardy Street (Sprig and Fern) should an application be received, subject to the applicant securing all consents and all necessary Council signoffs; and

4.    Delegates all future approvals for outdoor dining structures to the Chief Executive.   

1

Council Meeting - Confidential Minutes - 10 May 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

Council Meeting - Confidential Minutes - 19 May 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(c)(ii)

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

3

Extraordinary Council Meeting - Confidential Minutes - 26 May 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

4

Council Meeting - Confidential Minutes - 7 June 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

5

Council Meeting - Confidential Minutes - 14 June 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

6

Extraordinary Council Meeting - Confidential Minutes - 5 July 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Recommendations from Committees

10

Environment and Climate Committee - 16 June 2022

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)

7

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)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

8

Confidential Attachment to Report R26950: Supplementary information - Holding Company decision

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

9

Nelson Tasman Regional Landfill Business Unit Iwi Representative Re-appointment

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

Resolved CL/2022/038

That the Council

1.    Considers the confidential item regarding Mayor’s Report  - Leave of Absence at this meeting as a major item not on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official Information and Meetings Act 1987, to enable a timely decision to be made.

Her Worship the Mayor/Edgar                                                        Carried

Resolved CL/2022/039

That the Council

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

Rainey/Brand                                                                                Carried

Resolved CL/2022/040

That the Council

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

McGurk/Brand                                                                               Carried

Resolved CL/2022/041

That the Council

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

Brand/McGurk                                                                               Carried

Resolved CL/2022/042

That the Council

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

O'Neill-Stevens/Fulton                                                                   Carried

Recommendation to Tasman District and Nelson City Council CL/2022/043

That the Councils

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

Her Worship the Mayor/Edgar                                                        Carried

Recommendation to Council CL/2022/044

That the Council

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

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

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

Noonan/Bowater                                                                           Carried

Recommendation to Council CL/2022/045

That the Council

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

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

Noonan/O'Neill-Stevens                                                                 Carried

Recommendation to Council CL/2022/046

That the Council

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

Carried

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

McGurk/Edgar                                                                               Carried

Recommendation to Council CL/2022/047

That the Council

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

McGurk/O'Neill-Stevens                                                                 Carried

Recommendation to Council CL/2022/048

That the Council

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

McGurk/O'Neill-Stevens                                                                 Carried

Recommendation to Council CL/2022/049

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.

Courtney/Lawrey                                                                           Carried

Resolved CL/2022/050

That the Council

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

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

McGurk/Courtney                                                                          Carried

Resolved CL/2022/051

That the Council

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

Her Worship the Mayor/Noonan                                                      Carried

Jane Sheard, Rob Gunn and Lindsay Coll of Nelmac, were in attendance for Item 4 of the Confidential agenda to answer questions and, accordingly, the following resolution was required to be passed:

Resolved CL/2022/052

That the Council

1.    Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Jane Sheard, Rob Gunn and Lindsay Coll of Nelmac remain after the public has been excluded, for Item 4 of the Confidential agenda (Nelmac Limited Draft Statement of Intent 2022/23), as have knowledge relating to the Draft Statement of Intent that will assist the meeting.

Resolved CL/2022/053

Brand/Courtney                                                                             Carried

That the Council

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

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

Brand/Courtney                                                                             Carried

4

Nelmac Limited Draft Statement of Intent 2022/23

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Resolved CL/2022/054

That the Council

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

Her Worship the Mayor/Courtney                                                   Carried

Attachments

1    A2885960 NRDA Presentation

Resolved CL/2022/055

That the Council

1.    Receives the report Mayor's Report (R26751) and its attachments (A2883846 and A2883833); and

2.    Supports Gisborne District Council’s proposed remit to Local Government New Zealand as set out in Attachment 1 (A2883846) and asks the Mayor to advise Gisborne District Council accordingly.

Edgar/Noonan                                                                               Carried

1.1

Council Meeting - Confidential Minutes - 17 February 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

1.2

Council Meeting - Confidential Minutes - 10 March 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(g)

     To maintain legal professional privilege

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

1.3

Council Meeting - Confidential Minutes - 23 March 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

·    Section 7(2)(a)

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

1.4

Extraordinary Council Meeting - Confidential Minutes - 21 April 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

2

Confirmation of Confidential Minutes - Council -17 February 2022

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

3.

Recommendations from Committees

Infrastructure Committee - 31 March 2022

Walters Bluff Rd extension - strategic land purchase

Infrastructure Committee - 31 March 2022

Part of Forests Road - proposed road stopping

Urban Development Subcommittee - 14 April 2022

Totara Street Requests for Proposal

Section 48(1)(a)

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

The withholding of the information is necessary:

·      Section 7(2)(a)

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

·      Section 7(2)(h)

        To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·         Section 7(2)(i)

        To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

5

Supplementary Information -
Rutherford Street Stormwater Upgrade

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

6

Proposal to Purchase City Centre Property

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

7

Proposed Sale of part of Haven Road Property

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

8

Proposal for property purchase for sea sports facility

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

9

Mayor's Report - Leave of Absence

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

4

Recommendations from Committee:

Part of Forests Road - proposed road stopping

Agrees that the decision will be publicly available once negotiations are concluded.

Totara Street Requests for Proposal

Agrees that Report (R26579), Attachment (A2838598) and the decision be made publicly available once negotiations are concluded.

Nelmac Limited Draft Statement of Intent 2022/23

Agrees that Report (R26684), Attachment (A2848713) and the decision remain confidential at this time.

5

Mayor's Report - Leave of Absence

Agrees the Decision remain confidential at this time

6

Supplementary Information -
Rutherford Street Stormwater Upgrade

Agrees that this decision be made publicly available once the contract has been signed by all parties.

7

Proposal to Purchase City Centre Property

Agrees that report R26824 and the decision be made publicly available once a sale and purchase agreement becomes unconditional.

8

Proposed Sale of part of Haven Road Property

This item was deferred to the 19 May 2022 Council meeting.

9

Proposal for property purchase for sea sports facility

This item was deferred to the 19 May 2022 Council meeting.

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

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

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

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

Attachments

1    A2891782 LGNZ AGM 2022 Registration

Resolved CL/2022/073

That the Council

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

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

Edgar/Her Worship the Mayor                                                        Carried

Resolved CL/2022/074

That the Council

1.    Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Meg Matthews, Fiona Wilson, Toni Power, Tracee Nelson, Mark Maguire and Dave Johnston of NRDA remain after the public has been excluded, for Item 4 of the Confidential agenda (Options Investigation - regional visitor services), as they have  knowledge relating to regional visitor services that will assist the meeting.

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

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

Her Worship the Mayor/Edgar                                                        Carried

4

Options Investigation - regional visitor services

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(c)(ii)

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

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

During discussion members agreed that ISPP was not a preferred pathway and Ms Day provided an amended recommendation that clarified this and also requested an analysis of the Nelson Tasman 2050 housing provisions. Her Worship the Mayor Reese moved the officer’s amended recommendation, seconded by Councillor McGurk.

An addendum motion was proposed by Councillor Fulton and Councillor Sanson, and was agreed to be taken separately. 

Resolved CL/2022/075

That the Council

1.    Receives the report Updated Options on Housing Plan Change Pathway (R26836) and its attachment (MDRS Standards Model Factsheet 2022 A2879466); and

2.    Agrees in principle that the Resource Management Act Schedule 1 Process is the preferred planning pathway for Housing Plan Change 29; and

3.    Notes that Council does not support the Intensification Streamlined Planning Process for Housing Plan Change 29; and

4.    Requests officers undertake an analysis of the housing provisions put forward by Nelson Tasman 2050  and presents Council with options for inclusion in a potential Housing Plan Change 29 by August 2022; and

5.    Notes notification of a potential Housing Plan Change 29 will be delayed in the interim; and

6.    Requests officers identify how Plan Change 29 can deliver to mitigation and sequestration of greenhouse gases, climate change adaptation and improvement of local environments including water conservation to an Environment and Climate Committee workshop.

Her Worship the Mayor/McGurk                                                      Carried

1

Recommendation from Committees

Joint Shareholders Committee – 17 May 2022

Nelson Airport Director Appointments

Section 48(1)(a)

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

The withholding of the information is necessary:

·      Section 7(2)(a)

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

2

Proposal for property purchase for sea sports facility

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

3

Proposed Sale of part of Haven Road Property

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Adjournment of Meeting

Resolved CL/2022/077

That the Council

1.    Adjourns the meeting until Tuesday 24 May at 2.00pm via Zoom.

Edgar/Noonan                                                                               Carried

Resolved CL/2022/078

That the Council

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

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

Her Worship the Mayor/Bowater                                                     Carried

2

Proposal for property purchase for sea sports facility

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

3

Proposed Sale of part of Haven Road Property

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

1

Nelson Airport Ltd Constitution

1.    Agrees that the decision remain confidential at this time.

3

Options Investigation - regional visitor services

1.     Agrees that Report (R26834) and the decision be excluded from public release until 1 July 2022

Resolved CL/2022/086

That the Council

1.    Receives and accepts an apology from Councillor R Sanson.

Her Worship the Mayor/Courtney                                                   Carried

1

Mayor's Report - Chief Executive Review

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

1

Mayor's Report - Chief Executive Review

1.  Agrees that Report R26912), Attachments (A2895340 and A2895342) and the decision remain confidential at this time.

Resolved CL/2022/091

That the Council

1.    Receives and accepts an apology from Councillor R Sanson.

Her Worship the Mayor/Courtney                                                   Carried

4

Chief Executive Employment Review

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(i)

     To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

1

Chief Executive Employment Review

2.     Confirms that the Report (HC26930) and decision remain confidential at this time.

Resolved CL/2022/001

That the Council

1.     Receives and accepts the apology from Councillor O’Neill-Stevens for lateness.

Her Worship the Mayor/Noonan                                                      Carried

Recommendation to Council CL/2022/098

That the Council

1.    Approves the Draft Annual Internal Audit Plan for the year to 30 June 2023 (A2867251).

Sanson/Edgar                                                                               Carried

Recommendation to Council CL/2022/099

That the Council

1.    Approves releasing the Draft Nelson Marina Masterplan (A2893150) for consultation and community feedback; and

2.    Approves the public feedback document (A2893152).

Noonan/Edgar                                                                               Carried

Resolved CL/2022/100

That the Council

1.    Receives the report Mayor's Report (R26948) and its attachment (A2898827).

Her Worship the Mayor/Courtney                                                   Carried

Resolved CL/2022/101

That the Council

1.    Receives the report Adoption of the Annual Plan 2022/23 and setting of the rates (R26771)  and its attachments (A2891743, A2891469, and A2900167); and

2.    Agrees that the content of the Annual Plan 2022/23 does not include significant or material differences to year two of the Long Term Plan 2021-31; and

3.    Approves the budget carry forwards as set out in Attachment 1 (A2891743); and

4.    Reconfirms, as approved through the Long Term Plan 2021-31, that setting an unbalanced budget in the Annual Plan 2022/23 is prudent in terms of section 100 of the Local Government Act 2002, given the ongoing effects of the COVID-19 pandemic on the local economy and ratepayers, and having had regard to the matters in section 100(2) of the Local Government Act 2002;

5.    Adopts the Annual Plan 2022/23 (A2900167) pursuant to Section 95 of the Local Government Act 2002; and

6.    Delegates the Acting Mayor, Councillor Sanson and Acting Chief Executive to make any necessary minor editorial amendments prior to the release of the Annual Plan 2022/23 to the public; and

7.    Sets the following rates under the Local Government (Rating) Act 2002, on rating units in the district for the financial year commencing on 1 July 2022 and ending on 30 June 2023.

        The revenue approved below will be raised         by the rates and charges that follow.

  Revenue approved:

General Rate                      $46,604,098

Uniform Annual General Charge                                         $8,150,092

Stormwater and Flood Protection Charge                                  $8,561,516

Waste Water Charge          $10,776,338

Water Annual Charge          $4,133,539

                            Water Volumetric Charge                                                                                       $9,644,924

Rates and Charges (excluding GST)                                            $87,871,347

Goods and Services Tax
(at the current rate)          $13,180,702

Total Rates and Charges $101,052,049

The rates and charges below are GST inclusive.

        (1) General Rate

A general rate set under section 13 of the Local Government (Rating) Act 2002, assessed on a differential land value basis as described below:

·     a rate of 0.34323 cents in the dollar of land value on every rating unit in the “residential – single unit” category.

·     a rate of 0.34323 cents in the dollar of land value on every rating unit in the “residential empty section” category.

·     a rate of 0.37755 cents in the dollar of land value on every rating unit in the “single residential unit forming part of a parent valuation, the remainder of which is non-rateable” category. This represents a plus 10% differential on land value.

·     a rate of 0.37755 cents in the dollar of land value on every rating unit in the “multi residential” category. This represents a plus 10% differential on land value.

·     a rate of 1.15049 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 235.195% differential on land value.

·     a rate of 0.94869 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 25% residential and 75% commercial” category. This represents a plus 176.4% differential on land value.

·     a rate of 0.74687 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 50% residential and 50% commercial” category. This represents a plus 117.6% differential on land value.

·     a rate of 0.54505 cents in the dollar of land value on every rating unit in the “commercial – excluding inner city and Stoke commercial” subject to 75% residential and 25% commercial” category. This represents a plus 58.8% differential on land value.

·     a rate of 1.59411 cents in the dollar of land value on every rating unit in the “commercial inner city” subject to 100% commercial and industrial (occupied and empty) category. This represents a plus 364.445% differential on land value.

·     a rate of 1.28128 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 25% residential and 75% commercial” category. This represents a plus 273.3% differential on land value.

·     a rate of 0.96860 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 50% residential and 50% commercial” category. This represents a plus 182.2% differential on land value.

·     a rate of 0.65591 cents in the dollar of land value on every rating unit in the “commercial inner city subject to 75% residential and 25% commercial” category. This represents a plus 91.1% differential on land value.

·     a rate of 1.38583 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 100% commercial and industrial (occupied and empty)” category. This represents a plus 303.76% differential on land value.

·     a rate of 1.12511 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 25% residential and 75% commercial” category. This represents a plus 227.8% differential on land value.

·     a rate of 0.86460 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 50% residential and 50% commercial” category. This represents a plus 151.9% differential on land value.

·     a rate of 0.60374 cents in the dollar of land value on every rating unit in the “Stoke commercial subject to 75% residential and 25% commercial” category. This represents a plus 75.9% differential on land value.

·     a rate of 0.22310 cents in the dollar of land value on every rating unit in the “rural” category. This represents a minus 35% differential on land value.

·     a rate of 0.30891 cents in the dollar of land value on every rating unit in the “small holding” category. This represents a minus 10% differential on land value.

(2) Uniform Annual General Charge

A uniform annual general charge under section 15 of the Local Government (Rating) Act 2002 of $376.05 per separately used or inhabited part of a rating unit.

(3) Stormwater and Flood Protection Charge

A targeted rate under section 16 of the Local Government (Rating) Act 2002 of $454.43 per rating unit, this rate is payable by all ratepayers excluding rural rating units, rating units east of the Gentle Annie saddle, Saxton’s Island and Council’s stormwater network.

(4) Waste Water Charge

A targeted rate for waste water disposal under section 16 of the Local Government (Rating) Act 2002 of:

·     $564.72 per separately used or inhabited part of a residential, multi residential, rural and small holding rating units that is connected either directly or through a private drain to a public waste water drain.

·     For commercial rating units, a waste water charge of $141.18 per separately used or inhabited part of a rating unit that is connected either directly or through a private drain to a public waste water drain. Note:  a trade waste charge will also be levied.

(5) Water Annual Charge

A targeted rate for water supply under Section 16 of the Local Government (Rating) Act 2002, of:

Water charge (per connection)          $220.69

          (6) Water Volumetric Rate

A targeted rate for water provided under Section 19 of the Local Government (Rating) Act 2002, of:

Price of water:

Usage up to 10,000 cu.m/year $2.295 per m³

Usage from 10,001 – 100,000

cu.m/year                                 $1.962 per m³

Usage over 100,000 cu.m/year $1.548 per m³

Summer irrigation usage over

10,000 cu.m/year                     $2.129 per m³

        (7) Low Valued Properties Remission Value

In accordance Section 85 of the Local Government (Rating) Act 2002 and Council’s Rates Remission Policy, Council sets the land value for the Low Valued Properties Rates Remission at $10,000.

Other Rating Information:

Due Dates for Payment of Rates

The above rates (excluding water volumetric rates) shall be payable in four instalments on the following dates:

Rates instalments not paid on or by the Last Date for payment above will incur penalties as detailed in the section “Penalty on Rates”.

Due Dates for Payment of Water Volumetric Rates

Water volumetric rates shall be payable on the following dates:

Penalty on Rates

Pursuant to Sections 57 and 58 of the Local Government (Rating) Act 2002, the council authorises the following penalties on unpaid rates (excluding volumetric water rate accounts) and delegates authority to the Group Manager Corporate Services to apply them:

·     a charge of 5% of the amount of each rate instalment remaining unpaid after the due date stated above, to be added on the penalty date as shown in the above table and also shown on each rate instalment notice.

·     a charge of 5% will be added on 8 July 2022 to any balance from a previous rating year (including penalties previously charged) remaining outstanding on 1 July 2022.

·     a further additional charge of 5% will be added on 11 January 2023 to any balance from a previous rating year (including penalties previously charged) to which a penalty has been added according to the bullet point above, remaining outstanding on 9 January 2023.

Penalty Remission

In accordance Section 85 of the Local Government (Rating) Act 2002 and Council’s Rates Remission Policy, the Council will approve the remission of a penalty where the criteria of the policy has been met.

Payment of Rates

Rates shall be payable at the Council offices, Civic House, 110 Trafalgar Street, Nelson between the hours of 8.30am to 5.00pm Monday, Tuesday, Thursday and Friday and 9.00am to 5.00pm Wednesday.

Where any payment is made by a ratepayer that is less than the amount now payable, the Council will apply the payment firstly to any rates outstanding from previous rating years and then to current year rates due.

Her Worship the Mayor/Noonan                                                      Carried

Attachments

1    A2905213 Mayoral Annual Plan Foreword 2022 - 13June2022

2    A2904439 Draft designed copy - Annual Plan 2022-23 - 10June2022

 Resolved CL/2022/102

That the Council

1.    Receives the report Central Library Development         project Progress Report to End of March 2022 Quarter         (R26822).

Edgar/O'Neill-Stevens                                                                    Carried

 Resolved CL/2022/103

That the Council

1.    Receives the report Central Library Development - Communications Strategy (R26933) and its attachment (A2903525); and

2.    Approves the Central Library Development Communications Strategy as set out in report (R26933) and  its attachment (A2903525).

Courtney/Brand                                                                             Carried

Resolved CL/2022/104

That the Council

1.    Receives the report Nelson Regional Development Agency Statement of Intent 2022/2023 (R26709) and its attachment (A2901525); and

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

3.     Delegates the Acting Mayor, Group Manager Strategy and Communications and Chief Executive of NRDA to make any necessary minor editorial amendments prior to the release of the Statement of Intent 2022/23.

Fulton/Courtney                                                                            Carried

Attachments

1    A2905158 Powerpoint Presentation NRDA

4

Nelmac Limited Director Reappointment

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

5

Confidential Attachment to Report R26950: Supplementary information - Holding Company decision

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Recommendations from Committees

6

Strategic Development and Property Subcommittee - 9 June 2022

Relocatable Home Park Maitai Valley Motor Camp Approval

Section 48(1)(a)

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

The withholding of the information is necessary:

·    Section 7(2)(a)

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

·    Section 7(2)(g)

     To maintain legal professional privilege

Resolved CL/2022/106

That the Council

1.    Receives the report Quarterly update on significant central government reform programmes (R26888)

Her Worship the Mayor/Noonan                                                      Carried

1

Recommendation from Committee:

Relocatable Home Park Maitai Valley Motor Camp Approval

Agrees that the decision, report (R26783) and attachment (A2885934) remain confidential at this time.

2

Nelmac Limited Director Reappointment

Agrees that the decisions only be made publicly available once the 2022 Nelmac Limited Annual General Meeting has taken place

Resolved CL/2022/105

That the Council

1.    Receives and accepts the apologies from Councillor K Fulton and Councillor M Lawrey.

Edgar/McGurk                                                                               Carried

There was no Acting Mayor’s report.

Resolved CL/2022/106

That the Council

1.    Receives the report Draft Arts and Creativity Strategy  (R26803) and its attachments (A2908039, A2907758 and A2907761); and

2.    Approves the Draft Arts and Creativity Strategy public feedback document (A2908039) for public feedback; and

3.    Agrees that the public feedback document (A2908039) meets the requirements of the Local Government Act 2002 including the principles of consultation in section 82; and

4.    Approves the consultation approach (set out in paragraphs 7.1 and 7.2 of this report (R26803) and agrees:

a.     the approach includes sufficient steps to ensure the Draft Arts and Creativity Strategy 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 Draft Arts and Creativity Strategy being as widely publicised as reasonably practicable as a basis for consultation; and

5.    Agrees that the Arts Strategy Working Group Chair and the Group Manager Strategy and Communications be delegated to approve any minor amendments required to the supporting information or public feedback materials prior to the start of the engagement process.

Edgar/Rainey                                                                                Carried

Important considerations for decision making

1.     Fit with Purpose of Local Government

Central government objectives of improvement to the provision of water services supports the social, economic, environmental and cultural wellbeing of the community.

2.     Consistency with Community Outcomes and Council Policy

This report content supports the following community outcomes:

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

3.     Risk

There are organisational risks to Council in transitioning to a new Water Services Entity. These were outlined in the 23 September Council report. However, the Government has mandated the reforms program. The Chief Executive will continue to keep Council informed on the progress of the transitional arrangements as more information is known.

4.     Financial impact

There are significant long-term financial impacts relating to the transfer of three water assets and management to a new Water Services Entity, but these are not in relation to this submission process.

5.     Degree of significance and level of engagement

The matter of Three Waters Reform generally is of significance because there is a wide range of interest from community members and groups. This report however is limited to seeking a decision on lodging a submission on the Bill as part of the Select Committee process. As such the significance of the report, as assessed against Councils’ Significance and Engagement Policy, is low to medium. Council sought feedback from the community to inform the draft submission.

6.     Climate Impact

Climate mitigation and adaption, resilience and environmental impacts are drivers of the reform process. There are no specific impacts arising from this report.

7.     Inclusion of Māori in the decision making process

The Crown is leading the engagement with iwi/Māori and mana whenua.

8.     Delegations

This is a matter for Council

Important considerations for decision making

1.   Fit with Purpose of Local Government

The matter of this report sits within the NFA Business Case, which aligns very well with the purpose of local government in that it enables democratic local decision-making and progresses a programme that promotes the social, economic, environmental, and cultural wellbeing of communities for the future.

2.   Consistency with Community Outcomes and Council Policy

1.       The matter of making the southbound lanes permanent and consideration of off-street parking will contribute to the following community outcomes:

2.       “Our infrastructure is efficient, cost effective and meets current and future needs”; “Our communities are healthy, safe, inclusive and resilient”; “Our region is supported by an innovative and sustainable economy”.

3.   Risk

The matter of making the southbound lanes permanent and consideration of off-street is a contentious issue as noted in the October 2021 report to Council. The fact that there are no feasible off-street parking options will likely increase the risk of a negative response from those Tahunanui residents that are unhappy with the decision to make the southbound lanes permanent. However, extensive engagement with affected parties has been undertaken.

4.   Financial impact

There is no funding available to give effect to any of the options presented in this report. However, as no options are feasible there are no budget implications for Council.

5.   Degree of significance and level of engagement

All off-street parking potential solutions involve adjacent commercial and residential landowners and targeted engagement with these parties has been undertaken.

6.   Climate Impact

The impact of climate change as not been assessed in this report, but the NFA did consider matters relating to impact on climate.

7.   Inclusion of Māori in the decision making process

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

8.   Delegations

As the delegations for this matter fall within the Regional Transport Committee and Infrastructure Committee, therefore are cross-committee and to be considered by Council.   This matter was previously considered by Council.

Important considerations for decision making

1.   Fit with Purpose of Local Government

The matter of this report sits within Councils outdoor dining policy, which aligns well with the purpose of local government in that it enables and supports a vibrant city centre, contributing to the social and economic wellbeing of the community.

2.   Consistency with Community Outcomes and Council Policy

1.       The matter of approving an outdoor dining structure will contribute to the following community outcomes:

 “Our communities are healthy, safe, inclusive and resilient”; “Our region is supported by an innovative and sustainable economy”.

3.   Risk

The matter of approving an outdoor dining structure on Hardy Street poses little risk to Council given the procedures and approvals required of the applicant to ensure such a structure is installed safely and efficiently.

4.   Financial impact

There is a small amount of funding that officers have identified from existing operational budgets that can support this application, and the costs associated with the relocation of Council assets.

5.   Degree of significance and level of engagement

Directly affected businesses (applicant) and surrounding businesses have been involved in the preparation of this application. 

6.   Climate Impact

The impact of climate change as not been assessed in this report.

7.   Inclusion of Māori in the decision making process

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

8.   Delegations

        As the delegations for this matter fall within the Infrastructure Committee and Urban Development Subcommittee, therefore are cross-committee and to be considered by Council.