Minutes of a meeting of the
Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 27 September 2022, commencing at 9.07a.m.
In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Acting Group Manager Environmental Management (M Day), Group Manager Strategy and Communications (N McDonald), Senior Governance Adviser (M Macfarlane) and Assistant Governance Advisor (A Bryce-Neumann).
Apologies : Nil
Karakia and Mihi Timatanga
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
There was no change to the order of business.
DLA Piper Partner, Kerry Anderson, briefed elected members on potential conflicts of interest noting this was a quasi-judicial process and so had a higher threshold.
Her Worship the Mayor asked all members to identify if there were any conflicts of interest. There were no updates to the Interests Register, and no interests with items on the agenda were declared.
There was no public forum.
DLA Piper Partner, Kerry Anderson, was be in attendance for Item 1 of the Confidential agenda to provide legal advice and answer questions and, accordingly, the following resolution was required to be passed:
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1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Partner DLA Piper, Kerry Anderson, remain after the public has been excluded, for Item 1 of the Confidential agenda (Decision on Private Plan Change 28 - Maitahi Bayview), as she had knowledge that will assist the meeting. |
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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: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Decision on Private Plan Change 28 - Maitahi Bayview |
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 48(1)(d) That the
exclusion of the public from the whole or the relevant part of the
proceedings of the meeting is necessary to enable the local authority to deliberate
in private on its decision or recommendation in any proceedings to which this
paragraph applies. · Section 7(2)(g) To maintain legal professional privilege |
The meeting went into confidential session at 09.16a.m. Councillor Skinner joined the meeting at 10.03a.m. The meeting resumed in public session at 11.15a.m.
6. Restatements
It was resolved while the public was excluded:
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1 |
Decision on Private Plan Change 28 - Maitahi Bayview |
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Agrees that report Decision on Private Plan Change 28 – Maitahi Bayview (R27263) and its attachment (539570224-13626) be made publicly available. |
7 Decision on Private Plan Change 28 - Maitahi Bayview (Confidential Agenda item 1)
During discussion of this item in Confidential session, Council agreed to consider the report in open so the debate and decision could be held in open session.
Acting Group Manager Environmental Management, Maxine Day, took the report as read and spoke to Plan Change 28 Overview (tabled 1982984479-4986) noting the amendment of clause 3 from “service in accordance with clause 29(5)” to “serve notice in accordance with clause 29(5)”.
The meeting was adjourned from 11.30a.m. until reconvened at 12.32p.m.
Ms Day answered questions on the size of the plan change, scope of the items for consideration and any issues or challenges the commissioners had identified.
A division was called.
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Resolved CL/2022/243 |
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1. Receives the report Decision on Private Plan Change 28 - Maitahi Bayview (R27263), including the report and recommendation of the Hearing Panel dated 9 September 2022 on Private Plan Change 28 (539570224-13626); and 2. Accepts the recommendation of the Hearing Panel and, pursuant to Clause 29(4) of the First Schedule of the Resource Management Act 1991, approves Private Plan Change 28 for the reasons given in the Hearing Panel’s report and recommendation; and 3. Approves for public notification the Council’s decision in accordance with Clause 11 of the First Schedule of the of the Resource Management Act 1991 and serve notice in accordance with clause 29(5). 4. Notes the right of appeal for all submitters and the plan change applicant to the Environment Court if Council decides to accept the Hearing Panel’s recommendation and if rejected parties can seek judicial review.
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1 1982984479-4986 Plan Change 28 Overview |
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Karakia Whakamutanga
There being no further business the meeting ended at 1.05 p.m.
Confirming minutes for last meeting of Triennium
CONFIRMED AS A TRUE AND CORRECT RECORD BY THE CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 26.4:
Chairperson
Date
Chief
Executive Date