Agenda of Environment and Climate Committee

Excerpt from Nelson City Council Delegations Register (A11833061)

Environment and Climate Committee

Areas of Responsibility:

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

· Brook Waimarama Sanctuary Trust

· Bylaws, within the areas of responsibility

· Climate Change policy, monitoring and review

· Climate change impact and strategy overview - mitigation, adaptation and resiliency

· Climate change reserve fund use

· Environmental programmes including (but not limited to) warmer, healthier homes, energy efficiency, environmental education, and eco-building advice

· 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 smokefree environments, and other public health issues

· Environmental science monitoring and reporting including (but not limited to) air quality, water quality, water quantity, land management, biodiversity, biosecurity (marine, freshwater and terrestrial), pest and weed management, and coastal and marine science

· Environmental Science programmes including (but not limited to) Nelson Nature and Healthy Streams

· Hazardous substances and contaminated land

· Maritime and Harbour Safety and Control

· Planning documents or policies, including (but not limited to) the Land Development Manual

· Policies and strategies relating to compliance, monitoring and enforcement

· Policies and strategies related to resource management matters

· Pollution control

· Regulatory enforcement and monitoring

· The Regional Policy Statement, District and Regional Plans, including the Nelson Plan

· Urban Greening Plan

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.

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

· Monitoring Council’s performance for the committee’s areas of responsibility, including legislative responsibilities and compliance requirements

· Developing, monitoring and reviewing strategies, policies and plans, with final versions to be recommended to Council for approval

· Developing and approving draft Activity Management Plans in principle, for inclusion in the draft Long Term Plan

· Reviewing and determining whether a bylaw or amendment, revocation or replacement of a bylaw is appropriate

· Undertaking community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes other than final approval

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

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

Powers to Recommend to Council:

In the following situations the committee may consider matters within the areas of responsibility but make recommendations to Council only (in accordance with sections 5.1.3 - 5.1.5 of the Delegations Register):

· Matters that, under the Local Government Act 2002, the operation of law or other legislation, Council is unable to delegate

· The purchase or disposal of land or property relating to the areas of responsibility, other than in accordance with the Long Term Plan or Annual Plan

· Unbudgeted expenditure relating to the areas of responsibility, not included in the Long Term Plan or Annual Plan

· Approval of notification of any statutory resource management plan, including the Nelson Plan or any Plan Changes

· Decisions regarding significant assets

· Actions relating to climate change not otherwise included in the Annual Plan or Long Term Plan

· Approval of final versions of strategies, policies and plans

Environment and Climate Committee

11 August 2022

Page No.

Karakia and Mihi Timatanga

1. Apologies

Apologies have been received from Her Worship the Mayor Rachel Reese for lateness and Councillor Y Bowater and Ms G Paine for attendance.

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

4.1 New Zealand Deerstalkers Association - One day hunt of the Council owned Maitai and Roding Reserves

David Haynes and members of the New Zealand Deerstalkers Association, will speak about a one day hunt of the Council owned Maitai and Roding Reserves.

5. Confirmation of Minutes

5.1 16 June 2022 8 - 18

Document number M19549

Recommendation

That the Environment and Climate Committee

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

6. Chairperson's Report

7. Brook Waimarama Sanctuary Trust Activity Update 19 - 20

Document number R27025

Recommendation

That the Environment and Climate Committee

1. Receives the report Brook Waimarama Sanctuary Trust Activity Update (R27025).

8. National Policy Statement for Indigenous Biodiversity Exposure Draft (June 2022) - Nelson City Council Submission 21 - 38

Document number R27047

Recommendation

That the Environment and Climate Committee

1. Receives the report National Policy Statement for Indigenous Biodiversity Exposure Draft (June 2022) - Nelson City Council Submission (R27047) and its attachments (539570224130, 539570224129); and

2. Approves retrospectively the Nelson City Council submission to the National Policy Statement for Indigenous Biodiversity Exposure Draft (June 2022) - (539570224130 – Attachment one of Report (R27047).

9. Progress Update on Implementation of the National Policy Statement on Urban Development 39 - 46

Document number R27028

Recommendation

That the Environment and Climate Committee

1. Receives the report Progress Update on Implementation of the National Policy Statement on Urban Development (R27028); and

2. Endorses the approach and progress to implement the National Policy Statement on Urban Development as set out in Report R27028.

10. Nelson Climate Change Strategy - establishing an advisory group 47 - 60

Document number R27003

Recommendation

That the Environment and Climate Committee

1. Receives the report (R27003) and its attachment (789843239-48); and

2. Approves the establishment of the Climate Change Advisory Group; and

3. Approves the Terms of Reference for the Climate Change Advisory Group (789843239-48, attachment 1); and

4. Authorises the Climate Change Governance Oversight Group to develop a shortlist of potential Chair and members for the Advisory Group; and

5. Notes that a decision will be sought on the Chair and members of the Advisory Group at a subsequent Committee meeting; and

6. Agrees that governance oversight of the Nelson Climate Change Strategy will be provided by the Climate Change Governance Oversight Group, as set out in the Terms of Reference for that group (789843239-70).

Confidential Business

11. Exclusion of the Public

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 - 16 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)

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 - 16 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)

Karakia Whakamutanga

Environment and Climate Committee Minutes - 16 June 2022

Minutes of a meeting of the

Environment and Climate Committee

Te Kōmiti Taiao / Āhuarangi

Held via Zoom on Thursday 16 June 2022, commencing at 9.00a.m.

Present: Cr K Fulton (Chairperson), Councillors Y Bowater, T Brand, M Courtney (Deputy Chairperson), M Lawrey, B McGurk (Deputy Chairperson), R O'Neill-Stevens, R Sanson, T Skinner and Ms G Paine

In Attendance: Group Manager Environmental Management (C Barton), Group Manager Strategy and Communications (N McDonald), Senior Governance Adviser (M Macfarlane) and Assistant Governance Adviser (A Bryce-Neumann)

Leave of absence: Her Worship the Mayor R Reese

Apology: An apology has been received from Acting Mayor J Edgar and Councillor P Rainey

Karakia and Mihi Timatanga

1. Apologies

Resolved EC/2022/033

That the Environment and Climate Committee

1. Receives and accepts an apology from Acting Mayor J Edgar and Councillors P Rainey.

Fulton/McGurk Carried

2. Confirmation of Order of Business

There was no change to the order of business

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 7 April 2022

Document number M19390, agenda pages 10 - 21 refer.

Resolved EC/2022/034

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.

Fulton/Courtney Carried

5.2 26 May 2022

Document number M19491, agenda pages 22 - 24 refer.

Resolved EC/2022/035

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.

Courtney/Paine Carried

6. Chairperson's Report

A verbal update was provided on the Nelson Tasman Climate Forum’s Climate Action Week and an acknowledgment made of the Youth Councillors attending the meeting, James Ivamy and Finnean Mackay.

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

Document number R26885, agenda pages 25 - 58 refer.

Manager Consents and Compliance, Mandy Bishop, took her report as read. Manager Building, Mark Hunter, provided a synopsis of the submissions received.

Ms Bishop and Mr Hunter answered questions relating to the submissions content - a suggestion to increase in fees and changing payment timing to be up front. There were additional questions on the cost recovery ratio, impact of salary costs and code of compliance applicants.

Resolved EC/2022/036

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.

McGurk/Courtney Carried

8. The Effectiveness of the Compliance Strategy 2020

Document number R26899, agenda pages 59 - 82 refer.

Manager Consents and Compliance, Mandy Bishop, took her report as read noting consultation with other councils needed to be undertaken. A correction was made required to Recommendation 2, correcting ‘Enforcement Strategy’ to ‘Compliance Strategy’.

Ms Bishop answered questions on the importance of the document, consultation undertaken, broadening the scope of review, decline in reactive response rates, moving to a three yearly review to tie in with the Long Term Plan, recent peak in parking enforcement, ability to measure the effectiveness of the strategy, impact of three year review on new legislation and the ability to change the strategy during the three year review.

Attendance: Councillor T Skinner joined the meeting at 09.41a.m.

Resolved EC/2022/037

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 Compliance Strategy by the regional sector Compliance and Enforcement Special Interest Group in the 2022/2023 year.

McGurk/Courtney Carried

9. Strategic framework for climate change - next steps

Document number R26882, agenda pages 83 - 96 refer.

Manager Climate Change, Rachel Pemberton, presented her report and noted the terms of reference for the Climate Change Taskforce membership will be brought to a future meeting.

The Chairperson proposed an additional resolution endorsing consideration of Good Food Cities as part of the strategy.

Ms Pemberton answered questions on alignment with other policies and strategies, ensuring youth will be represented in the ongoing project, ensuring community focus/partnership is at the forefront of the project, which proposed option would progress matters more quickly, and input from other groups.

The Chairperson requested the following points/additions be recorded for inclusion in the scope/content of the Climate Change Strategy:

· Pg 89, 5.8

o Reducing waste – add:’(including food waste through composting etc)’

o Amend ‘increase energy efficiency’ to: ‘increase energy efficiency and resiliency"

· Pg 90, 5.8

o include ‘avoid maladaptation’

o include ‘minimising financial risks from maladaptation through robust cost/benefit analysis’

o Amend ‘the needs of all members of the community’ to ‘the needs and wellbeing of all members of the community’

o Include an additional item: ‘Realtime transparent reporting enabling the community to monitor impacts and outcomes and support behavioural transformation.’

· include a definition of degrowth and an aspiration of moving towards this:

o "Degrowth is qualitatively different from negative economic growth. Sustainable degrowth reduces industrial throughput to avoid global warming and nature loss, and restructures the economy to avoid recession and ensure wellbeing outcomes." – (Jennifer Wilkins, https://heliocene.org/)

· amend ‘reducing waste’ to ‘reducing consumption and waste’.

· add additional content on regenerative economies and what that looks like.

During discussion on membership of potential taskforce membership Councillor Sanson declared an interest, noting she was on the board of Nayland College.

The meeting was adjourned at 10.35 a.m. and reconvened at 10.59 a.m.

Following discussion on potential group makeup, the officers’ recommendation on the establishment of a Climate Change Taskforce was withdrawn and a recommendation added, requesting that staff bring a future report outlining a proposed structure and membership for the Taskforce.

The inclusion in the framework of a glossary of definitions and terms was proposed.

During discussion on the proposed Chairpersons additional motion to include Good Food Cities, Councillor Sanson raised a Point of Order against Councillor Skinner for use of disrespectful language against the chair. The Point of Order was upheld.

The meeting was adjourned at 11.33a.m. and reconvened at 11.39a.m.

The motion was taken in parts.

Resolved EC/2022/038

That the Environment and Climate Committee

1. Receives the report (R26944); 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. Notes that new issues for consideration in the development of the Climate Change Strategy, as raised during the meeting and minuted, will be added to the scope of work for the Strategy

6. Requests staff to bring a report to the August Environment & Climate Committee meeting with a proposal for an appropriate structure and membership of group(s) to support development of the Climate Change Strategy

7. Endorses that delivery of Good Food Cities objectives, by a range of partners, be considered as part of the climate change strategy including the following key elements:

1. Reduce food loss and waste by supporting community initiatives and encouraging infrastructure projects which turn food waste into compost.

2. Develop organisational food procurement policies which align with sustainable and healthy food production and consumption.

3. Support local food resiliency and enable an overall increase of healthy plant-based food consumption in our city. This will include a focus on supporting cultural diversity, inclusion, accessibility, equity and collaborative opportunities to engage communities in food system changes.

4. Collaborate with iwi, community, businesses, health, education and other organisations and encouraging the promotion of the Good Food Cities objectives.

Fulton/O'Neill-Stevens Carried

The Chairperson vacated the chair at 12.00p.m. and the Deputy Chairperson, Councillor M Courtney, assumed the chair.

10. Submission on reducing pokies harm

Document number R26791, agenda pages 97 - 105 refer.

Group Manager Strategy and Communications, Nicky McDonald, presented the report and answered questions on the potential to include out of scope items, including references where Council’s position has already been established and why the submission was considered conservative.

The Deputy Chairperson vacated the chair at 12.11p.m. and the Chairperson assumed the chair.

Resolved EC/2022/039

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.

Noonan/Bowater Carried

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

Document number R26881, agenda pages 106 - 129 refer.

Manager Climate Change, Rachel Pemberton, presented her report and answered questions on consultation with the community on changes to Land Information Memorandums, the method of advertising and method for delivery of consultation materials and around reassurance for property owners if falling into managed retreat category.

Attendance: Ms G Paine left the meeting at 12.17p.m.

Resolved EC/2022/040

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).

O'Neill-Stevens/Sanson Carried

The meeting was adjourned at 12.28p.m. and reconvened at 1.16p.m. at which time Councillor Skinner was not present.

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

Document number R26830, agenda pages 130 - 197 refer.

Group Manager Environmental Management, Clare Barton, spoke to the report noting the significant amount of work being delivered despite a number of positions being vacant with recruitment underway. Manager Climate Change, Rachel Pemberton, reported work by officers on procurement for an electric car sharing scheme.

Ms Pemberton answered questions on the procurement process and next steps for the electric car sharing scheme, how many electric vehicles the Council currently has, the ability to encourage Council funded organisations to purchase electric only vehicles, if Council has purchased any non-electric vehicles since the climate emergency was declared, progress on the feasibility of installing solar panels on Council buildings.

Manager Building, Mark Hunter, answered questions about preparation for the next round of accreditation, staff resourcing, progression of complex inspections and the minor variation process.

Manager Environmental Planning, Maxine Day, and Manager Science and Environment, Jo Martin, answered questions on progressing the Plan Change 28, submissions on freshwater and wetlands and the annual budget for Project Mahitahi.

Guillaume Teerling, Manager City Development, answered questions on progressing an inner city play space and progress on tactical streets trails. Strategic Housing Adviser, Lisa Gibellini, provided an update on the Linear Active Transport Corridor and progress on Totara Street.

Group Manager Strategy and Communications, Nicky McDonald, answered questions on progress with the Urban Greening Strategy and updates on the development of a SmokeFree Policy and a Glyphosate Policy.

Resolved EC/2022/041

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)

Fulton/Sanson Carried

13. Exclusion of the Public

Resolved EC/2022/42

That the Environment and Climate Committee

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

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)

Fulton/Noonan

The meeting was adjourned at 2.05p.m. and reconvened at 2.10p.m.

The meeting went into confidential session at 2.10p.m. and resumed in public session at 3.00p.m.

Karakia Whakamutanga

14. Restatements

It was resolved while the public was excluded:

2	Resource Consents team progress on recommended improvements
	3. Agrees that Report R23719, its attachment (A2893174) and the decision remain confidential at this time.

3	Harbourmaster vessel
	3. Agrees that Report (R26944), Attachments (A2895733, A2895734) and the decision remain confidential at this time, until negotiations for the purchase of the replacement vessel have been concluded.

There being no further business the meeting ended at 3.00p.m.

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

Resolved

Item 8: National Policy Statement for Indigenous Biodiversity Exposure Draft (June 2022) - Nelson City Council Submission

Environment and Climate Committee

11 August 2022

REPORT R27047

National Policy Statement for Indigenous Biodiversity Exposure Draft (June 2022) - Nelson City Council Submission

1. Purpose of Report

1.1 To retrospectively approve Nelson City Council’s submission on the National Policy Statement for Indigenous Biodiversity Exposure Draft -June 2022.

2. Summary

2.1 The Government opened consultation on the revised National Policy Statement for Indigenous Biodiversity Exposure Draft (NPS-IB) (https://environment.govt.nz/assets/publications/NPSIB-exposure draft.pdf) on 9 June 2022, with submissions closing on 21July 2022.

2.2 A submission on the exposure draft was prepared in consultation with the Environment and Climate Committee Chairperson and submitted on behalf of Nelson City Council. Draft submissions from the Regional Council Biodiversity Working Group were reviewed to gauge the response from the wider regional sectors before preparing the submission. Retrospective approval of the submission is sought from this Committee.

2.3 Officers also provided feedback to Local Government New Zealand (LGNZ) and Te Uru Kahika for their submissions on the exposure draft.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report National Policy Statement for Indigenous Biodiversity Exposure Draft (June 2022) - Nelson City Council Submission (R27047) and its attachments (539570224130, 539570224129); and

4. Background

4.1 The NPS-IB seeks to introduce a nationally consistent approach under the Resource Management Act 1991 (RMA) to maintain and protect indigenous biodiversity from adverse effects.

4.2 Consultation on the previous version of the draft National Policy Statement for Indigenous Biodiversity was held between November 2019 and March 2020. Nelson City Council provided a submission on the previous exposure draft on 12 February 2020 [https://environment.govt.nz/assets/publications/NPSIB-exposure-draft.pdf].

4.3 This version of the Government’s exposure draft incorporates changes that were made since the last version was released for feedback. Key changes include:

4.3.1 Removal of the requirement to identify Significant Natural Areas (SNAs) as ‘high’ or ‘medium’ value.

4.3.2 Changes have been made to ensure that activities that are important for people’s economic wellbeing such as farming, forestry and the provision of infrastructure and energy are provided for.

4.3.3 Amendments to ensure development of Māori land is enabled at a local level in partnership with councils and tāngata whenua, including Māori landowners.

4.3.4 Provisions on geothermal areas and public conservation land have been included in the exposure draft.

4.5 The Government is now undertaking targeted consultation with practitioners, iwi/Māori and stakeholders to test the workability of the exposure draft. The policy content of the exposure draft is not being consulted on as this has been worked through in the previous consultation.

5. Discussion

5.1 Consultation on the exposure draft was through a set of forty questions about the document. A copy of Council’s submission is provided in attachment 1 (A2915116). Key matters raised are:

5.1.1 Consistency and potential gaps between the proposed NPS-IB and other instruments such as the NPS-FM, NES-PF and NZCPS.

5.1.2 The need for greater clarity and guidance material on the concept of Te Rito o te Harakeke – specifically in relation to translating the concept into planning provisions.

5.1.3 The submission includes a suggestion on definitions that should be included in the NPS-IB to help enable nationally consistent implementation.

5.1.4 The submission highlights that there is a significant amount of work to implement the new NPS-IB, raising concerns about the capacity, capability and funding challenges for effective engagement with tāngata whenua as kaitiaki.

6. Options

6.1 The options are to retrospectively approve the submission, submit retrospective amendments to the submission, or not approve the submission.

6.2 If Council decides not to provide retrospective approval, officers will ask for the submission to be withdrawn.

Author: Maxine Day, Manager Environmental Planning

Attachments

Attachment 1: 539570224-130 NCC Feedback on the NPS- IB Exposure Draft - June 2022 ⇩

Attachment 2: 539570224-129 Cover Letter - NCC Feedback on the NPS- IB Exposure Draft - June 2022 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The submission provides a local view on national matters. This helps contribute to promoting the social, environmental, and cultural wellbeing of local communities in the present and for the future.

2. Consistency with Community Outcomes and Council Policy

The submission addresses the following community outcomes:

· Our unique natural environment is healthy and protected.

· Our urban and rural environments are people friendly, well planned and sustainably managed.

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

3. Risk

The decision in this report is very low risk as it relates to a submission to government and does not require substantive decisions relating to communities, finance, or the environment.

4. Financial impact

Nil

5. Degree of significance and level of engagement

This matter is of low significance as it is providing input to a process which will be for government decision and is of low interest within the wider community. No engagement is proposed for this decision.

6. Climate Impact

The submission includes feedback on resilience to climate change within the NPS-IB.

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 following delegations:

Areas of Responsibility:

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

· Brook Waimarama Sanctuary Trust

· Bylaws, within the areas of responsibility

· Climate Change policy, monitoring and review

· Climate change impact and strategy overview - mitigation, adaptation and resiliency

· Climate change reserve fund use

· Environmental programmes including (but not limited to) warmer, healthier homes, energy efficiency, environmental education, and eco-building advice

· Environmental Science programmes including (but not limited to) Nelson Nature and Healthy Streams

· Hazardous substances and contaminated land

· Maritime and Harbour Safety and Control

· Planning documents or policies, including (but not limited to) the Land Development Manual

· Policies and strategies relating to compliance, monitoring and enforcement

· Policies and strategies related to resource management matters

· Pollution control

· Regulatory enforcement and monitoring

· The Regional Policy Statement, District and Regional Plans, including the Nelson Plan

· Urban Greening Plan

Delegations:

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

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

Item 9: Progress Update on Implementation of the National Policy Statement on Urban Development

Environment and Climate Committee

11 August 2022

REPORT R27028

Progress Update on Implementation of the National Policy Statement on Urban Development

1. Purpose of Report

1.1 To report progress on implementation of the National Policy Statement on Urban Development, 2020 (NPS UD).

2. Summary

2.1 The NPS UD directs local authorities to undertake a range of actions – all aimed at improving opportunities and information for decision-making for land development to meet community needs for housing and business activities.

2.2 All but one of the NPS UD actions have been successfully completed or are on-track to be delivered on time. Actions that have been completed include production of the Housing and Business Assessment in 2021 and removal of minimum car parking standards in 2021. The Future Development Strategy (FDS) is on track to be completed in time to inform the next Long Term Plan.

2.3 A delay to notification of Housing Plan Change 29 has meant one of the action timeframes for implementing Policy 5 (Housing Intensification) has not yet been met. Key reasons for the delay relate to additional process steps required to respond to new legislation; the need to efficiently align the outcomes from the FDS with Plan Change 29; staffing constraints; and responding to additional information requests from elected members.

2.4 Housing Plan Change 29 will implement NPS UD Policy 5 and is anticipated to be notified following decisions of the next term of Council -in the first half of 2023.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Progress Update on Implementation of the National Policy Statement on Urban Development (R27028); and

2. Endorses the approach and progress to implement the National Policy Statement on Urban Development as set out in Report R27028.

4. Background

4.1 The National Policy Statement on Urban Development (NPS UD) is a national direction under the Resource Management Act (https://environment.govt.nz/assets/publications/National-Policy-Statement-Urban-Development-2020-11May2022-v2.pdf). The NPS UD came into effect on 20 August 2020.

4.2 The purpose of the NPS UD is to support productive and well-functioning cities, in a coordinated and nationally consistent manner.

4.3 The NPS UD directs local authorities to undertake a range of actions – all aimed at improving opportunities and information for decision-making for land development to meet community needs. The NPS UD is designed to improve the responsiveness and competitiveness of land and development markets; and aims to ensure capacity is provided in accessible places– close to jobs, community services, public transport, and other amenities.

4.4 Under the NPS UD, Nelson City Council is a Tier 2 authority, along with Tasman District Council. Implementation of the NPS UD is partially shared with Tasman District Council.

4.5 Timeframes have been assigned for local authorities to implement many of the required actions. The actions relevant to Tier 2 local authorities are set out in Table 1 below.

Local authority	Subject	National Policy Statement provisions	By when
Tier 2 only (other than a tier 2 territorial authority required by section 80F of the Act to prepare an IPI)	Intensification	Policy 5	Proposed plan or plan change notified no later than 2 years after the commencement date (by 20 Aug 2022)
Tiers 1 and 2	First Future Development Strategy (FDS) made publicly available after the commencement date	Policy 2 (see Part 3 subpart 4)	In time to inform the 2024 long-term plan
Tiers 1 and 2	Housing and Business Assessment (HBA) so far as it relates to housing	Policy 2 (see Part 3 subpart 5)	By 31 July 2021
Tiers 1 and 2	HBA relating to both housing and business land	Policy 2 (see Part 3 subpart 5)	In time to inform the 2024 long-term plan
Tiers 1, 2, and 3	Car parking	Policy 11(a) (see clause 3.38)	No later than 18 months after the commencement date

Table 1: NPS UD Timeframes for Implementation https://environment.govt.nz/publications/national-policy-statement-on-urban-development-2020-updated-may-2022/

5. Discussion

5.1 A summary of progress on implementing the NPS UD is reported in the table below, with commentary following.

Action and required date for implementation	Progress update
Proposed plan or plan change notified no later than 2 years after the commencement date (by 20 Aug 2022)	Delayed. Draft intensification provisions were consulted on via the Draft Whakamahere-Whakatu Nelson Plan, and subsequently reworked for upcoming notification of Housing Plan Change 29.
Action and required date for implementation	Progress update
HBA so far as it relates to housing by 31 July 2021	Completed on time. http://www.nelsoncity.co.nz/assets/Building-Planning/Downloads/urban-development-capacity/Housing-and-Business-Capacity-Assessment-Tasman-and-Nelson-Tier-2-Urban-Environment-Jun2021.pdf
First FDS made publicly available after the commencement date – in time to inform 2024 Long Term Plan	On track. First FDS issued in 2019, and second FDS consulted on, with adoption by Council timeframed for August 2022.
HBA relating to both housing and business land- to inform 2024 Long Term Plan	Completed on time – refer HBA link above, which included a business assessment.
Carparking standards removed from District Plan	Completed on time – standards for car parking were removed 1 January 2021.

5.2 All but one of the NPS UD actions have been completed on time.

Housing intensification plan change

5.3 NPS UD requires a plan change to implement housing intensification (Policy 5) by 20 August 2022. Policy 5 requires plans to “Enable building heights and densities that reflect the relative demand for use, and the level of accessibility from planned or existing active transport”.

5.4 Housing Plan Change 29 (PC29) is being developed to enable more housing supply and housing options in Nelson’s residential and commercial zones, with greater provision for housing intensification, including new ‘medium density’ standards. Preparation of PC29 is well advanced and was on track to have a decision to notify the plan change by the required NPS UD date.

5.5 A number of factors have delayed the release of Plan Change 29 including:

5.5.1. New Legislation: The introduction of new legislation on 20 December 2021 – the Resource Management Amendment Act Enabling Housing Supply and Other Matters. The new legislation created a requirement for Tier 1 local authorities to create an Intensification Planning Instrument and apply the Medium Density Residential Standards using a specific process – the Intensification Streamlined Planning Process (ISPP). The use of this process is optional for Tier 2 authorities. Nelson City Council considered the option of using the ISPP on 7 April 2022, and then 19 May 2022 – ultimately deciding to not use that mechanism (refer report R27028) and proceed with Plan Change 29 using the existing planning pathways.

5.5.2. Additional Work: At the Council meeting on 19 May 2022 Council requested two additional housing topics for officers to report back on (Perimeter Block Housing and Climate Change); and noted the housing timeframe for notification of the plan change would be delayed.

5.5.3. Resourcing: Significant staffing constraints, COVID 19 and the need to respond to a large volume of RMA changes continue to affect timely delivery of projects.

5.5.4. Alignment with FDS: Council indicated a preference to allow the FDS process to be completed prior to issuing a housing plan change. The FDS will be with Elected Members for adoption in August 2022. Alignment between the Housing Plan Change and that FDS is very logical for growth planning; and an efficient use of resources as it reduces the need for a subsequent FDS-driven plan change. It is anticipated that FDS alignment exercise will occur September to November 2022.

5.6 The timely delivery of Housing Plan Change 29 is important, because although the Nelson Tasman Housing and Business Capacity Assessment 2021 shows short term capacity is sufficient to meet demand, housing affordability has continued to decline - and there are predicted mid-term and long-term capacity shortfalls. The heights and densities anticipated through Housing Plan Change 29 will respond to these mid to long term demands for housing and particularly provide for greater capacity in areas serviced by public transport or active transport corridors, including walking accessibility.

6. Options

6.1 There are limited options for this report as it provides a progress update, however, Council has the option to endorse the approach and progress to implement the NPS UD – or not.

6.2 If Council does endorse the approach, it provides transparency on progress with implementing the NPS UD, including the reasons for delayed implementation of Policy 5 – this is officer’s recommended option.

6.3 If Council does not endorse the approach, then an alternative approach will need to be developed for a decision of Council.

6.4 For both options the Minister for the Environment may request an explanation for the delay on implementation of Policy 5. The explanation would be based on the reasons set out in this report.

7. Next Steps

7.1 The decision to notify Housing Plan Change 29 will be made in the next term of Council. Following the election, officers will take Elected Members through the draft Housing Plan Change 29 to confirm content. Following that, a draft must be provided to iwi and specified statutory agencies as part of the formal process required under the Resource Management Act. The feedback from those parties must be considered by Council prior to notification.

7.2 Notification of plan change 29 is anticipated in the first half of 2023.

Author: Maxine Day, Manager Environmental Planning

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

The implementation of national policy statements is a responsibility for local government under the Resource Management Act 1991. The work contributes to promoting the social, economic, environmental, and cultural wellbeing of communities in the present and for the future.

2. Consistency with Community Outcomes and Council Policy

The decision in this report addresses the following community outcomes:

“Our urban and rural environments are people friendly, well planned and sustainably managed”.

3. Risk

The decision in this report is low risk, as it does not involve levels of service, budget changes, people’s health and safety or the environment.

There is risk that the Ministry for the Environment requests an explanation for the delayed implementation of Policy 5. If such an explanation is sought, officers will relay the reasons set out in this report. It is likely the Ministry will expect timely implementation of Policy 5.

4. Financial impact

There are no direct financial implications from the decisions in this report.

5. Degree of significance and level of engagement

The report’s recommendation is of low significance under the Significance and Engagement Policy as endorsing the process and its timing will have little impact on the community. No engagement is proposed.

6. Climate Impact

As a progress report, the decision in this report does not have a direct impact on climate change. Aspects of implementing the NPS UD will require consideration of, or have considered, 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 following delegations to consider

Areas of Responsibility:

· Planning documents or policies, including (but not limited to) the Land Development Manual

· Policies and strategies related to resource management matters

· The Regional Policy Statement, District and Regional Plans, including the Nelson Plan

Delegations:

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

· Monitoring Council’s performance for the committee’s areas of responsibility, including legislative responsibilities and compliance requirements

Powers to Recommend (if applicable):

· NA

Item 10: Nelson Climate Change Strategy - establishing an advisory group

Environment and Climate Committee

11 August 2022

REPORT R27003

Nelson Climate Change Strategy - establishing an advisory group

1. Purpose of Report

1.1 To seek approval on the structure and terms of reference for a new Climate Change Advisory Group, to support the development of the Nelson Climate Change Strategy.

2. Summary

This report follows a discussion at the Environment and Climate Committee on 16 June 2022 on the next steps for drafting the Nelson Climate Change Strategy (R26882). It provides:

· Recommendations on the structure of a group to support the development of the Strategy

· Proposed Terms of Reference for the Advisory Group

· Recommendations on the process for appointing the Chair and members of the Advisory Group

· Recommendations on governance oversight of the Strategy.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Nelson Climate Change Strategy - establishing an advisory group (R27003) and its attachment (789843239-48); and

2. Approves the establishment of the Climate Change Advisory Group; and

3. Approves the Terms of Reference for the Climate Change Advisory Group (789843239-48, attachment 1); and

4. Authorises the Climate Change Governance Oversight Group to develop a shortlist of potential Chair and members for the Advisory Group; and

5. Notes that a decision will be sought on the Chair and members of the Advisory Group at a subsequent Committee meeting; and

4. Background

4.1 At the Environment and Climate Committee meeting on 16 June 2022, the Committee endorsed the structure and content for the Strategy (as set out in R26882). The Committee agreed that staff would report back on the appropriate structure and membership for a group (or groups) to support the development of the Strategy, as set out in the resolutions below. The Committee resolved as follows:

4.2 This report draws upon the discussion at the Committee on 16 June, discussions with the Climate Change Governance Oversight Group (CCGOG) and advice from staff of other councils which have established similar groups to support the development of climate change strategies.

5. Discussion

Purpose and role of the group(s)

5.1 It is proposed that the purpose and role of the group (or groups) is to work with Climate Change Team to support the delivery of the Strategy, including through:

5.1.1 Providing technical input on the development of the Strategy including through drawing upon best practice and national and international examples of action on climate change mitigation and adaptation;

5.1.2 Providing and additional perspectives on the community’s views and aspirations;

5.1.3 Reviewing the draft Strategy;

5.1.4 Providing input on the approach to public consultation on the Strategy;

5.1.5 Supporting efforts to raise awareness of the Strategy in the wider community; and

5.1.6 Identifying opportunities to support delivery of the Strategy, including external funding.

5.2 The group(s) would not have a decision-making role. The Committee would be responsible for approving the draft Strategy ahead of public consultation, and approving the final Strategy.

Structure of the group(s)

5.3 Two options for the structure of the group(s) were put forward at the Environment and Climate Committee on 16 June. These options are:

5.3.1 Establish a Climate Change Taskforce, made up of iwi, technical experts, community representatives and elected members, to provide advice to staff on the Strategy (option 1 of this report).

5.3.2 Establish two groups (option 2A of this report):

a) An advisory group made up of iwi, technical experts and community representatives to provide input to Council on the development of the Strategy; and

b) An elected member working group, to provide governance support for the development of the climate change strategy.

5.4 A further option (option 2B, the recommended option) is proposed in this report – to establish the Climate Change Advisory Group made up of iwi, technical experts and community representatives (as in 5.3.2 a)), and retain the function of the CCGOG to provide governance support for the Strategy.

5.5 The advantages, disadvantages and risks of these options are assessed in the options section of this report.

Membership of the Advisory Group

5.6 The following considerations should guide the determination of membership of the Advisory Group (individual members and group as a whole):

5.6.1 Diversity of perspective and experience of the Group as a whole.

5.6.2 Technical expertise – the Group should have a wide range of expertise on key subject areas relevant to climate change. This could include expertise in te ao Māori, mātauranga Māori, energy, education, transport, waste, agriculture, forestry, health, community resilience, biodiversity and environment, and climate finance.

5.6.3 Community outreach – strong connections into a range of different communities in Whakatū, ability to assist with building public support and raising the profile of the Climate Change Strategy. Members could include representatives from the business community, the Nelson Tasman Climate Forum or the Youth Council.

5.7 Individual members of the Group should be open-minded, innovative, strategic, and collaborative.

5.8 The Group would also include up to three members nominated by iwi, and the Climate Change Manager.

5.9 To ensure the Group is able to work efficiently, including reaching consensus on key topics and minimising the administrative support required, the Group should have no more than 11 members (including the Climate Change Manager).

5.10 If Option 1 is preferred, two elected members would also be appointed, taking the total numbers of member to up to 13 members.

5.11 The Terms of Reference for the Advisory Group is set out in attachment 1 (789843239-48). Committee approval of the Terms of Reference is sought.

Chair of Advisory Group

5.12 In addition to the attributes and qualities listed in 5.6.2, 5.6.3 and 5.7 above, the Chair of the group should also have the following qualities:

5.12.1 Strong leadership and facilitation skills

5.12.2 Highly organised

5.12.3 Clear communicator, both verbal and written

5.12.4 Mana and integrity, well-respected in the Nelson community

5.12.5 Strong public profile.

5.13 It is recommended that the Chair is independent, not an elected member or a Council staff member. This will enable the Advisory Group to provide independent advice and may boost the public profile of the Strategy.

Appointment of the Chair and members

5.14 It is recommended that the Committee authorise the CCGOG to develop a shortlist for the potential Chair and members of the Advisory Group, taking into account the attributes and expertise required of the members (as set out in this report and in the Terms of Reference (attachment 1, 789843239-48)).

5.15 This shortlist would then be presented to the Committee at a subsequent meeting. A confidential discussion would take place before a Chair and members are selected.

5.16 The CCGOG will consider recommendations on a Chair or on members from any elected members in developing the shortlist.

5.17 If the Committee wishes to have an initial discussion on the potential Chair and members at the meeting on 11 August, it is proposed that the Committee move into a confidential session.

6. Options

6.1 The following options on the structure a group (or groups) to support the development of the Strategy are put forward for the Committee’s consideration:

Option 1: Establish a Climate Change Taskforce, made up of iwi, technical experts, community representatives and elected members

Advantages

· May make governance decisions easier due to early involvement of elected members

Risks and disadvantages

· Large group, difficult to reach consensus and significant admin support required

· Difficult in a large group for all members to have their views heard

· Elected member views may dominate discussions

· Overlap with role of CCGOG

Option 2A:

· Establish an advisory group made up of iwi, technical experts and community representatives; and

· Establish an elected member working group, to provide governance support for the development of the Strategy.

Advantages

· Smaller group – easier to reach consensus

· Easier to achieve equitable input from all members during discussions

· Greater involvement of elected members in the development of the Strategy through a dedicated governance group

Risks and disadvantages

· Advisory group size requires less admin support, but additional support required for governance group

· Duplication with CCGOG – would need to amend Terms of Reference for CCGOG

· Risk of confusion in governance direction due to two governance groups with responsibility for climate change

Option 2B (recommended option):

· Establish an advisory group made up of iwi, technical experts and community representatives; and

· Retain the function of the Climate Change Governance Oversight Group in providing governance support for the Strategy.

Advantages

· Group size requires less admin support

· No duplication with the Oversight Group

· Smaller group – easier to reach consensus

· Easier to equitable input from all members during discussions

Risks and disadvantages

· Greater risk that Council does not support the advice of the group

· Some elected members with an interest in the Strategy may not have the opportunity to be closely involved in its development

Option 3: Do not establish an advisory group and progress Climate Change Strategy without a group to support its development

Advantages

· The Strategy could be developed more quickly

Risks and disadvantages

· Lack of technical input into the Strategy

· Missed opportunity to build public support for the Strategy and climate action in Nelson

6.2 It is recommended that Option 2B be approved by the Committee. This would ensure that the group is a manageable size, minimising admin support and making it easier to reach consensus on decisions. Elected members would still have an opportunity to provide input into the Strategy, through the CCGOG and Committee meetings. Regular reports on progress of the Advisory Group could be provided to elected members, for example through quarterly reports.

6.3 In the recommended option (option 2B) the CCGOG would retain governance-level oversight of the Strategy, as set out in the Terms of Reference for that group (789843239-70). This would minimise duplication in governance roles, and reduce any potential confusion that results from overlapping roles.

6.4 The Advisory Group could be invited to the CCGOG every six months to enable elected members to have visibility over the development of the Strategy. The CCGOG could invite other elected members (not on CCGOG) to join these meetings. Staff will also provide regular updates to the CCGOG and to the Committee on progress with developing the Strategy.

7. Next Steps

7.1 If the Committee accepts the proposals in this report, the following steps will be carried out:

· The CCGOG will develop a shortlist for a potential Chair and members of the Advisory Group

· Iwi nominations will be discussed with Te Ohu Whakahaere at the meeting on 7 September 2022

· The shortlist will be presented to the Committee through a confidential report

· The Committee will discuss and agree to a preferred Chair and members

· The Chair and members are appointed and a meeting schedule is agreed between members and staff

· The Advisory Group works with staff to prepare a draft Nelson Climate Change Strategy.

Author: Rachel Pemberton, Manager Climate Change

Attachments

Attachment 1: 789843239-48 Terms of Reference - Climate Change Advisory Group ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The proposals will support the social, economic and environmental wellbeing of the community by assisting Nelson’s transition to a low emissions and climate resilient future.

2. 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.

3. Risk

It is highly likely that the Climate Change Strategy, if developed with support of the Climate Change Advisory Group, 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.

There is a risk that there is insufficient capacity within 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. Staff will engage with iwi to ensure engagement is structured in a way that best meets their needs and capacity.

The Advisory Group may have divergent views resulting in delays developing the Climate Change Strategy. Effective chairing will help the group reach agreement on areas of dissension.

It may be difficult to engage the wider community in the development of the Strategy, making it less representative and harder to implement. A robust communications plan will need to support development of the Strategy.

4. Financial impact

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.

5. Degree of significance and level of engagement

The decisions in this report are of low significance to the wider community as they are process issues.

6. Climate Impact

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

7. 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. Staff will discuss the appointment of up to three iwi representatives on the Advisory Group at the next Te Ohu Taiao meeting in August, and a decision will be made at the Te Ohu Whakahaere meeting in September.

8. 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.