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

8 September 2022

Page No.

Karakia and Mihi Timatanga

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 11 August 2022 7 - 12

Document number M19708

Recommendation

That the Environment and Climate Committee

1. Confirms the minutes of the meeting of the Environment and Climate Committee, held on 11 August 2022, as a true and correct record.

6. Chairperson's Report

7. Resource Consents Strategic Action Plan 13 - 16

Document number R27122

Recommendation

That the Environment and Climate Committee

1. Receives the report Resource Consents Strategic Action Plan (R27122) and its attachment (756385493-51789)

8. Report back on Nelson Climate Adaptation engagement 17 - 26

Document number R27153

Recommendation

That the Environment and Climate Committee

1. Receives the Report back on Nelson Climate Adaptation engagement (R27153); and

2. Agrees that Council should undertake further targeted engagement to ensure broad representation of the community’s views; and

3. Notes a workshop with elected members will be held in early 2023 to develop proposed objectives for guiding Nelson’s climate adaptation response.

9. Progress Update on Implementation of the National Policy Statement on Urban Development 27 - 34

Document number R27197

Recommendation

That the Environment and Climate Committee

1. Receives the report Progress Update on Implementation of the National Policy Statement on Urban Development (R27197); and

2. Endorses the approach and progress to implement the National Policy Statement on Urban Development as set out in Report R27197.

10. Update on Reporting Options for Compulsory Microchipping and Desexing of Cats 35 - 35

Document number R27199

Recommendation

That the Environment and Climate Committee

1. Receives the report Update on Reporting Options for Compulsory Microchipping and Desexing of Cats (R27199).

11. Support for Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill 36 - 56

Document number R27052

Recommendation

That the Environment and Climate Committee

1. Receives the report Support for Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (R27052) and its attachment (1064087473-8991); and

2. Agrees to support the Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill; and

3. Agrees that a letter confirming Council’s support of the Support for Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill be sent to Health Coalition Aotearoa and Community Action Youth and Drugs, Nelson Tasman.

12. Environmental Management Quarterly Report: 1 April - 30 June 2022 57 - 99

Document number R27064

Recommendation

That the Environment and Climate Committee

1. Receives the report Environmental Management Quarterly Report: 1 April - 30 June 2022 (R27064) and its attachments (1064087472-8985, 756385493-49931; 303536487-216; 272871725-4187, 1064087472-2419)

Confidential Business

13. 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	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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Section 17A service delivery review - regulatory 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)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

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)(i)

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

Section 17A service delivery review - regulatory 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)(h)

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

Karakia Whakamutanga

Environment and Climate Committee Minutes - 11 August 2022

Minutes of a meeting of the

Environment and Climate Committee

Te Kōmiti Taiao / Āhuarangi

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 11 August 2022, commencing at 1.06p.m.

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

In Attendance: Group Manager Environmental Management (C Barton), Group Manager Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne), Senior Governance Adviser (M Macfarlane) and Governance Adviser (T Kruger)

Apologies: Apologies had been received from Her Worship the Mayor Rachel Reese for lateness and Councillors J Edgar, Y Bowater and Ms G Paine for attendance.

Karakia and Mihi Timatanga

As Councillor Fulton was attending remotely she requested her Deputy Chair, Councillor Courtney, Chair the meeting. Councillor Courtney assumed the Chair.

1. Confirmation of Order of Business

Councillor Courtney advised that Public Forum would be considered as the first item on the agenda, the meeting would then be adjourned and reconvened after the reconvened Council meeting. He further noted that some items may be deferred due to time constraints.

2. Public Forum (Agenda Item 4)

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

Document number R27103

David Haynes and members of the New Zealand Deerstalkers Association spoke about trying to organise a one day hunt on the water reserves, they had been attempting to progress this for 9 months without success. Mr Haynes tabled a presentation (attached) and spoke to the support the NZDA had provided the community over three years, including donating meat to a foodbank. NZDA were seeking 10-12 hunting permits ahd vehicle access to land over one weekend.

Attachments

1 1982984479-4469 - NZ Deerstalkers Assn PowerPoint

The meeting adjourned at 1.29p.m. and reconvened at 3.00pm, at which time Councillors Fulton, Sanson and Skinner had tendered their apologies.

3. Apologies (Agenda Item 2)

Resolved EC/2022/049

That the Environment and Climate Committee

1. Receives and accepts the apologies from Her Worship the Mayor Reese, Councillors J Edgar Y Bowater, R Sanson, T Skinner and Ms G Paine; and from, Councillors and for early departure.

Noonan/Courtney Carried

4. Interests (Agenda Item 3)

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

5. Confirmation of Minutes

5.1 16 June 2022

Document number M19549, agenda pages 8 - 18 refer.

Resolved EC/2022/050

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.

Rainey/O'Neill-Stevens Carried

6. Chairperson's Report

Document number R27125

There was no Chairperson’s Report.

7. Brook Waimarama Sanctuary Trust Activity Update

Document number R27025, agenda pages 19 - 20 refer.

Defer item to another meeting
Resolved EC/2022/051
	*That the Environment and Climate Committee* 1. Defers the item Brook Waimarama Sanctuary Trust Activity Update to be considered by the Council-elect after the local government election in October 2022.
Noonan/McGurk Carried

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

Document number R27047, agenda pages 21 - 38 refer.

Manager Environmental Planning, Maxine Day, and Team Leader Biodiversity, Biosecurity, Land Management, Leigh Marshall, presented the report and answered questions on monitoring and overlapping policies, the difference in Significant Natural Areas (SNAs) created with landowners consent and the requirement that these SNAs now be mapped and included in plans.

Resolved EC/2022/052

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).

McGurk/Rainey Carried

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

Document number R27028, agenda pages 39 - 46 refer.

Defer item to another meeting
Resolved EC/2022/053
	*That the Environment and Climate Committee* 1. Defers the item Progress Update on Implementation of the National Policy Statement on Urban Development to be considered at the Environment and Climate Committee meeting to be held on 08 September 2022 at 9.00a.m. in the Council Chamber.
O'Neill-Stevens/Rainey Carried

10. Nelson Climate Change Strategy - establishing an advisory group

Document number R27003, agenda pages 47 - 60 refer.

Manager Climate Change, Rachel Pemberton, presented the report.

Resolved EC/2022/054

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).

O'Neill-Stevens/McGurk Carried

11. Exclusion of the Public

Resolved EC/2022/055

That the Environment and Climate Committee

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

Noonan/O'Neill-Stevens Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Environment and Climate Committee Meeting - Confidential Minutes - 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)

The meeting went into confidential session at 3.26p.m. and resumed in public session at 3.30p.m.

The only business transacted in confidential session was to confirm the minutes. In accordance with the Local Government Official Information and Meetings Act, no reason for withholding this information from the public exists, therefore this business has been recorded in the open minutes.

1. Confirmation of Minutes

1.1 16 June 2022

Document number M19551, agenda pages 3 - 6 refer.

Resolved EC/2022/056

That the Environment and Climate Committee

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

Lawrey/Noonan Carried

Karakia Whakamutanga

There being no further business the meeting ended at 3.30pm.

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

Resolved

Item 8: Report back on Nelson Climate Adaptation engagement

Environment and Climate Committee

8 September 2022

REPORT R27153

Report back on Nelson Climate Adaptation engagement

1. Purpose of Report

1.1 To summarise the feedback received through the June - August 2022 community engagement on Nelson Climate Adaptation and outline the next steps.

2. Recommendation

That the Environment and Climate Committee

1. Receives the Report back on Nelson Climate Adaptation engagement (R27153); and

2. Agrees that Council should undertake further targeted engagement to ensure broad representation of the community’s views; and

3. Notes a workshop with elected members will be held in early 2023 to develop proposed objectives for guiding Nelson’s climate adaptation response.

3. Background

Nelson Climate Adaptation project context

3.1 Globally, the climate is changing. Temperatures are increasing, sea levels will continue to rise, extreme weather events will become more common, and river and coastal flooding will become more frequent and severe.

3.2 In Nelson, sea-level is expected to rise between 0.4 and 0.7 metres in the next 50 years, and between 0.8 and 1.8 metres in the next 100 years.^{^[1]}

3.3 New Zealand’s first National Adaptation Plan, released in August 2022, helps build the foundations for a long-term adaptation strategy, but requires local government to manage risk and build resilience at a local level.

3.4 To prepare Nelson for the impacts of climate change, Council is following the Dynamic Adaptive Pathways Planning (DAPP) process. This process is recommended in the Ministry for the Environment’s Coastal Hazards and Climate Change Guidance for Local Government (2017) and is being applied by councils across the country.

3.5 The DAPP process involves 10 steps, centred around 5 key questions: what is happening; what matters most; what can we do about it; how can we implement the strategy; and how is it working?

Figure 1: Summary of the DAPP process from Ministry for the Environment’s Coastal Hazards and Climate Change Guidance for Local Government (2017)

3.6 Previously, Council has undertaken assessments of key climate change risks: coastal hazards and flooding of the lower Maitai river^{^[2]}. Later this year, Council will continue to build an understanding of the full spectrum of climate change risks (including fire, drought, and risks to cultural values) through a regional climate change risk assessment, jointly with Tasman District Council.

3.7 Currently, Council is focussing on step 3 in the DAPP process which involves identifying and understanding the community’s’ values. This will help determine what is important to achieve through our climate adaptation response and enable Council to identify objectives to guide the development of options and pathways for addressing climate change risks.

3.8 The DAPP process is iterative and will involve engaging with the community at each step as we work to develop an evolving long-term strategy for adapting to the impacts of climate change.

June - August 2022 engagement overview

3.9 From 22 June – 14 August 2022, Council engaged with the community through a series of 2 online webinars, 9 in-person workshops, and meetings with key stakeholders^{^[3]}, to provide information on how coastal hazards and Maitai River flooding is likely to affect Nelson, and to identify the community’s values in relation to the coast.

3.10 To notify the community of the engagement, letters and emails were sent to 4959 households in areas at risk of lower Maitai river flooding and areas likely to be affected by 1.5m of sea level rise. The webinars and workshops were also advertised through social media channels, posters, online media articles, the Our Nelson newsletter, and the Shape Nelson website. The Shape Nelson page provided an overview of the engagement, visual tools such as the latest 3D flooding maps, answers to questions the community may have, and an online feedback form where people could have their say.

3.11 The community workshops were held for nine areas of Nelson most at risk of future coastal or lower Maitai river flooding: the city centre, Atawhai, Maitai, Monaco, Tāhunanui, the industrial area (including the Stoke, airport and Annesbrooke industrial area), The Wood, the rural area (including Glenduan, Cable Bay and Delaware Bay), and the Port area.

3.12 At each workshop, Council staff and an external expert informed community members about how climate change is likely to impact the extent of coastal and river flooding in their local area. Council also provided an overview of different adaptation options within four categories: protect, accomodate, avoid and retreat. The participants were then asked to consider the coastal and river environment, and write down what they value most about living in both their local area and in Nelson more broadly.

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Photos: The DAPP team presenting at the Port and Tāhunanui workshops

3.13 The written feedback from the community workshops was collected and analysed by grouping the information under key themes that emerged. The feedback is summarised below, along with the feedback recieved through the Nelson Climate Adaptation online feedback form on Shape Nelson.

4. Summary of feedback

Community workshops

4.1 Approximately 220 community members participated across the series of nine workshops and 42 attended a webinar. Participants were skewed towards the middle age or older age bracket, with some younger members of the community in attendance.

4.2 Clear themes emerged from the participants’ feedback on what they value most about living in Nelson and in their local area.

General values

4.3 Across the workshops, the 10 most common themes were:

Access to the beach, for walking, swimming and recreation

4.4 Many participants across the nine engagement areas described how they enjoyed being close to the beach. One person wrote that they “enjoy being able to come home after work and unwind with a stroll along the beach”, and another noted they value “access to our gorgeous coastline for recreation and time with friends and family”. Participants commonly referred to Tāhunanui beach but also mentioned “walking along the Boulder Bank” and “easy access to the Glen beach for swimming”.

The proximity of locations and the ease of access to amenities

4.5 Across each workshop, participants noted the ease of access to shops, cafes, parks, outdoor recreation and healthcare services, all within a small radius. For example, participants said they “value amenities in close proximity to home” and enjoy the “easy and quick access to the CBD”.

Biking and walking access around the city

4.6 Many participants noted they value being able to bike and walk around the city. One participant noted “cars aren’t required for most journeys and The Wood makes this possible at old age”. Other participants noted they “enjoy biking or walking to work” and want to “ensure that cycle paths continue to be a feature”.

The health of the natural environment and ecosystems

4.7 A common value across workshops was protecting the health of the natural environment and its ecosystems. For example, participants said they wanted to see “nature flourishing”, “protected and enhanced habitats”, “coastal ecology”, “wetlands that sustain wildlife and allow flood waters to drain naturally”, “bird-life” and “biodiversity”. One participant noted they “love that there are areas, rivers + coastline, preserved for their intrinsic natural values. It’s important that these are supported, not damaged by … [development]”.

Natural beauty of the area and amenity values

4.8 Participants across the workshops, particularly in Monaco, Atawhai, and Tāhunanui, valued the natural beauty of the environment. For example, a Monaco resident noted they “enjoy the dynamic change of the tides and the views of the hills and reflections”. Participants at the Atawhai workshop emphasised they value the “unobstructed” views out over the Haven to the Boulder Bank and across to the Tasman Ranges, with one participant stating “they’d hate to see it impeded by physical barriers”.

The sense of community

4.9 At each workshop, participants noted they value the feel of their community, for example its “energy”, the “diversity” the “safe and friendly area”, and that its “caring and well connected”.

Access to the river for recreation

4.10 Participants, particularly at the city centre, Maitai, Port area, and The Wood workshops, valued having nearby access to the river for swimming, kayaking and walking alongside. One participant noted they “walk along the river every day” and another said riverside walkways should be “retained as is important for city dwellers to exercise away from traffic in a pleasant local environment”.

Having a safe and secure property

4.11 Some participants at the Tāhunanui, Monaco, City Centre, Atawhai and The Wood workshops raised concerns about safety of their homes and impacts on property values. One resident noted they value “housing that doesn’t flood and can be insured at reasonable cost”.

The range of accessible outdoor activities

4.12 Participants in Tāhunanui and the Port area in particular noted they love the outdoors lifestyle in Nelson, for example “access to mountains and recreation activities” and “affordable (often free) recreation e.g swimming, tennis, cycleways, volleyball, sports”.

Wide open spaces with low density housing

4.13 Some participants said they liked that the housing is relatively low-density and has a “semi-rural feel” or “beach-feel”. One Maitai workshop participant said they valued the “feeling of country being so close to where we love” and a Tāhunanui participant said there is a sense of “freedom and openness”.

Values specific to particular areas

4.14 Some values were specific to particular areas of Nelson, and weren’t identified at each workshop. For example, some participants at The Wood workshop valued the flat land of The Wood and how it is particularly walkable “for older people as mobility decreases”. Participants at The Wood workshop also tended value the “sense of history” of the area and “heritage housing”.

4.15 Some participants identified specific areas of cultural significance that they valued, for example, Wakapuaka Māori Pa Road. One participant wrote that this area should be protected because “1) Cultural Heritage of Significance, 2) Ancestors lived there for our whanau, hapū and future generations, 3) Wāhi tapu, ancestors are buried there”. Another participant raised that “Māori urupa/pa sites are not adequately identified or protected”.

4.16 Two participants at the Maitai workshop valued the “family histories attached to the valley” and wanted to ensure the “land, river, people and historic sites and houses” are cared for.

Online feedback form

4.17 Twenty-four people filled out the Nelson Climate Adaptation feedback form on Shape Nelson, and two individuals provided feedback via email. Feedback in response to the key questions is summarised below.

What do you value about living near the coast that may be affected by climate change?

4.18 The most common value reported was having access to the beach, followed by valuing healthy coastal species and habitats, lifeline infrastructure (e.g., power and water infrastructure), access and safety of roads along the foreshore (including footpaths and bike lanes) and having a safe and secure property.

Figure 2: The values of survey respondents in relation to living near the coast

What do you value about living near the lower Maitai river that may be affected by climate change?

4.19 The most common value reported was having access for walking and biking along the river, followed by valuing the natural appearance of the river and surrounding landscape (amenity), community feel and the appeal of a nice place to live, having a safe and secure property and lifeline infrastructure.

Figure 3: The values of survey respondents in relation to living near the Maitai river

Do you have any preferred adaptation options you would like us to consider?

4.20 Respondents provided a range of different answers to this question. Some people specified they would like to protect properties and infrastructure and avoid further risk in the short term, but ultimately retreat from at risk areas in the long-term.

4.21 One respondent noted “since the ‘protect and accommodate’ approach is considered to have a finite life expectancy, I'm opposed to spending money on a "short-term" solution”. Another specified “avoid any new builds in at risk areas. Retreat over time when new developments are being considered. Where possible, raise floor levels of buildings which are structurally sound and otherwise well sited in the city.” Other respondents noted they wanted protect options such as sea walls, dune restoration, without discussing timeframes for these measures.

4.22 One respondent believed that councils should “enable people to make their own risk-based decisions without the heavy hand of regulation but in full knowledge they are responsible for their actions and Council/other ratepayers will not be responsible for bailing them out.”

4.23 Another respondent proposed the idea of ‘floating’ infrastructure as a long-term solution for infrastructure that is at risk of sea-level rise and difficult to relocate.

Stakeholder meetings

4.24 During the engagement period, Council also held meetings with stakeholders and organisations affected by the impacts of climate of change, including The Port, Nelson Airport, Nelson Marlborough Health (NMH), the Ministry of Education, Department of Conservation (DOC), Ministry for Primary Industries (MPI) and the Kotahitanga mō te Taiao Alliance.

4.25 Key feedback included:

4.25.1 NMH wanted to see a future with resilient communities who can withstand and adapt to climate changes, alongside reducing carbon emissions and improving investment in active and public transport. NMH is undertaking a considerable amount of work to build holistic resilience into the community by seeking to improve community health as part of a wider ecosystem.

4.25.2 Both the Port and Nelson Airport are undertaking work to understand how climate change risks will affect their functions. The primary concern of the Port and Nelson Airport is protecting critical infrastructure and access so that they can both continue to function and service the city.

4.25.3 DOC and MPI are already seeing the impacts of climate change on ecosystem management systems and are investigating ways to adapt. For example, relocating huts and tracks that are being impacted by storm damage, considering movement of species from environments that are no longer suitable, and greater pest detection where warmer waters may require greater biosecurity.

4.25.4 The Kotahitanga mō te Taiao Alliance is investigating what cross-cutting work is needed to ensure that the Top of the South’s natural environment is protected, flourishing and future-proofed, including where people live so that the community’s wellbeing is enriched.

5. Next steps

5.1 Council has received valuable feedback on community values through the series of workshops, online feedback form and stakeholder meetings. However, further targeted engagement is needed with communities that were less represented during the engagement, for example, youth, iwi and Māori, young families, and migrant communities.

5.2 Over the coming months, Council will continue targeted engagement with these groups to ensure that a diverse range of voices contribute to the foundations for Nelson’s long-term strategy for adapting to the impacts of climate change. Council is working with Te Ohu Taiao to ensure the values of iwi form a key part of this.

5.3 School visits have been scheduled with Nelson Girls College, Nelson College, Nayland College and Garin College to discuss climate change adaptation with the students and hear their values and perspectives on what is important to achieve through responding to climate change.

5.4 Council will consider the feedback from the community alongside direction in existing strategies, for example Te Tauihu Intergenerational Strategy and the Long Term Plan, to form proposed objectives for guiding Nelson’s adaptation response. A workshop will be held with the Environment and Climate Committee in early 2023 on proposed objectives to guide adaptation planning.

5.5 Once objectives are formed, Council will identify possible adaptation options and pathways for areas in Nelson and report back to elected members on this progress. These options will be further shaped following the introduction of the Climate Adaptation Bill (expected in late 2023), which will include a framework to support managed retreat of assets from at-risk areas and provide direction on roles and responsibilities for funding adaptation measures.

Timeline

September -November 2022	Continue engaging with iwi and Māori, youth, young families, and migrant communities
Early 2023	Workshop with elected members on proposed objectives for guiding development of adaptation options
Mid - late 2023	Identify possible adaptive options and pathways for areas and undertake initial analysis
2024	Evaluate options and pathways (following the introduction of the Climate Adaptation Act)
2024	Engage with the community on adaptation pathways

Author: Maggie Fellowes, Climate Change Adviser

Attachments

Nil

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

Environment and Climate Committee

8 September 2022

REPORT R27197

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 (R27197); and

2. Endorses the approach and progress to implement the National Policy Statement on Urban Development as set out in Report R27197.

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.
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 R27197) 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 11: Support for Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill

Environment and Climate Committee

8 September 2022

REPORT R27052

Support for Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill

1. Purpose of Report

1.1 To confirm support for the Sale and Supply of Alcohol Harm Minimisation) Amendment Bill which seeks to amend the Sale and Supply of Alcohol Act 2012.

2. Summary

2.1 Councils across New Zealand have been requested to support the Bill.

2.2 In summary, the Bill abolishes appeals on Local Alcohol Policies (LAPs), prohibits alcohol sponsorship and advertising in relation to broadcast sports events and sports venues, and strengthens the criteria to be considered by the District Licensing Board (DLC) when considering licence applications.

3. Recommendation

That the Environment and Climate Committee

1. Receives the report Support for Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (R27052) and its attachment (1064087473-8991); and

2. Agrees to support the Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill; and

4. Background

4.1 Council has received requests from the Health Coalition Aotearoa and Community Action Youth and Drugs, Nelson Tasman to confirm support for the Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill, a private members’ bill sponsored by MP Chlöe Swarbrick.

4.2 A number of councils have indicated support for the Bill including Auckland, Christchurch, Hamilton, Wanganui and Palmerston North.

4.3 The Bill was drawn from the ballot on 30 June 2022 and the first reading debate is expected to take place towards the end of August or early September 2022. [If the first reading is before E&C meeting on 8 Sept and the Bill fails, this report will be removed from the agenda]

5. Discussion

5.1 The Ministry of Health’s advice in relation to alcohol is that “Alcohol is part of many New Zealanders’ lives. There is no amount of alcohol that is considered safe and drinking any alcohol can be potentially harmful.”

5.2 Results from the Ministry of Health’s 2020/21 New Zealand Health Survey show that

· one in five adults (19.9%) had a hazardous drinking pattern in 2020/21. This is equivalent to 824,000 people.

· the age groups with the highest rates of hazardous drinking were 18–24 years (34.9%), followed by 25–34 years (23.9%) and 45–54 years (23.8%).

o Hazardous drinkers are those who obtain an Alcohol Use Disorders Identification Test (AUDIT) score of 8 or more, representing an established pattern of drinking that carries a high risk of future damage to physical or mental health.

5.3 The Sale and Supply of Alcohol Act 2012 includes as its objectives that:

· the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and

· the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

5.4 The Bill (Attachment 1) seeks to strengthen the harm minimisation aspects of the Act; there are three key provisions in the Bill:

· remove the appeals process in relation to LAPs

· end alcohol sponsorship and alcohol advertising in relation to broadcast sport, and sports venues

· strengthen the criteria that the DLC must consider in assessing licence application.

Remove the appeal process

5.5 Under the Act, councils can develop LAPs to influence the location, number and trading hours of businesses licensed to sell alcohol. The Act requires councils to produce a draft LAP and then to produce a provisional policy by using the special consultative procedure to consult on the draft. Following consultation, if a council wishes to continue to have a LAP, it must give public notice of the provisional policy, the rights of appeal against it and the ground on which an appeal can be made.

5.6 The Act provides that any person who made a submission on a draft LAP may, within 30 days of the public notification of the resulting provisional LAP, appeal to the licensing authority against any element of that provisional local alcohol policy.

5.7 The appeals process in relation to LAPs, has resulted in high legal costs for a number of councils (eg. Auckland and Christchurch councils have both spent in excess of $1 million on legal costs) and in other cases, councils have chosen not to develop or implement a LAP due to the problems that may arise through appeals. Nelson City Council initiated work on a LAP in 2013, but that work was not completed, and no policy has been adopted

5.8 The Bill proposes to amend the Act by removing the requirement for a provisional LAP to be notified for appeals. Instead, after developing and consulting on a draft LAP using the special consultative procedure, councils would be able to produce a final policy.

5.9 The amendment would put the development of a LAP on a similar basis to other policies that councils can develop, such as the Dog Control Policy and Class 4 Gambling Venues Policy - none of which include a provision for appeals following adoption. The public’s ability to make a submission on the draft LAP would not be affected by the amendment as councils would still be required to consult on the draft using the special consultative procedure.

5.10 The Bill also proposes to amend section 133 of the Act so that LAPs will apply to licence renewals as well as applications for new licences.

End alcohol sponsorship of and advertising in relation to broadcast sport

5.11 The Bill proposes to prohibit alcohol sponsorship and advertising in relation to broadcast sport, and alcohol sponsorship of sporting venues.

5.12 The explanatory note attached to the Bill includes the following information in relation to this amendment:

“Part 2 of the Bill implements a number of the recommendations of the 2014 Ministerial Forum on Alcohol Advertising and Sponsorship. The Forum’s recommendations focus on reducing young people’s exposure to messages that encourage them to drink alcohol and removing the link between sport and alcohol. The Bill implements their recommendations by banning alcohol sponsorship and advertising of all streamed and live sports and banning alcohol sponsorship at all sporting venues. The cultural connection between sport and alcohol needs to be broken, particularly given the large number of young people who attend and watch sports games. Similar restrictions on tobacco advertising and sponsorship have contributed to reduced harm from tobacco use and falling rates of youth consumption”.

5.13 If the Bill is passed, the amendment is likely to have a limited effect on local sports events/teams, as the provisions would only apply to sports events that are broadcast. An informal desktop review of local sports events that are broadcast (rugby, netball, hockey, basketball, mountain biking) revealed only a small number of alcohol sponsorships. Changes in relation to alcohol advertising at local sports events that are broadcast, may be required if the Bill is passed.

Strengthen the criteria for District Licensing Committees

5.14 The Bill introduces additional criteria that the DLC must have regard to when deciding whether to issue a licence. These criteria include the availability of alcohol for sale and supply in the locality, whether the issuing of the licence would benefit the community and whether it would contribute to alcohol-related harm.

6. Options

6.1 Council can support the Bill or decide not to support it.

Option 1: Preferred - support the Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill
Advantages	· Shows that Council supports steps that aim to reduce alcohol-related harm in the community. · If the Bill is passed, the process for implementing a LAP would be simplified, normalisation of alcohol consumption through sports sponsorship and advertising may be reduced, strengthened criteria for DLC to consider could help reduce alcohol-related harm in the community.
Risks and Disadvantages	· Some sections of the community may be displeased that Council is supporting the Bill. · If the Bill is passed, the amendments in relation to alcohol sponsorship and advertising may affect local sports events that are broadcast.
Option 2: Decide not to support the Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill,
Advantages	· If the Bill is passed, the expected benefits may occur, even if Council decides not to support the Bill.
Risks and Disadvantages	· Public perception that Council does not support steps that aim to reduce alcohol-related harm in the community. · If the Bill is passed, any negative impacts on local sports events may still occur, even if Council decides not to support the Bill.

7. Next Steps

7.1 A letter confirming Council’s support of the Bill will be sent to Health Coalition Aotearoa and Community Action Youth and Drugs, Nelson Tasman.

Author: Michelle Joubert, Strategic Adviser

Attachments

Attachment 1: 1064087473-8991 Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

A decision to support the Bill shows that Council supports steps that aim to reduce alcohol-related harm in the community. A reduction in alcohol-related harm in the community would contribute to the social, economic and cultural well-being of the community.

2. Consistency with Community Outcomes and Council Policy

The recommendation aligns with the following outcomes:

- Our communities are healthy, safe, inclusive and resilient

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

3. Risk

Some sections of the community may be displeased that Council is supporting the Bill.

If the Bill is passed, the amendments in relation to alcohol sponsorship and advertising may impact local sports events that are broadcast.

4. Financial impact

There is no financial impact associated with the recommendation

5. Degree of significance and level of engagement

This matter is of low significance and consultation is not required.

6. Climate Impact

This decision will have no impact on Council’s ability to proactively respond to the impacts of climate change now or in the future.

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 this report

Areas of Responsibility:

Delegations:

Item 12: Environmental Management Quarterly Report: 1 April - 30 June 2022

Environment and Climate Committee

8 September 2022

REPORT R27064

Environmental Management Quarterly Report: 1 April - 30 June 2022

1. Purpose of Report

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

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

2. Recommendation

That the Environment and Climate Committee

3. Key performance indicators

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

3.2 Several factors have contributed to non-compliance with the statutory timeframe for processing resources consents (averaging 74% on time), including ongoing vacancies, officer absence due to illness, application numbers and complexity of consents. All required monitoring was undertaken. Some of the vacant positions in the team have been filled and training is underway. However, recruitment for two vacant positions has been unsuccessful to date.

3.3 In relation to building consents, factors that have contributed to non-compliance include high consent numbers, staff shortages, ongoing recruitment difficulties, and the demanding workloads of consultants affecting their ability to deliver. Building consents are 97% on time and code of compliance certificates are 96% on time.

3.4 The performance measure that is not measured yet, relates to monitoring of the City Centre programme which is only due every three years and will be measured in 2023/24 and 2028/29.

4. Financial results

Profit and Loss by activity

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Variance commentary

4.1 As at 30 June 2022, Capital Expenditure is $129,000 under the Operating Budget of $457,000. This is all in the City Development level of service capital expenditure (CBD Enhancement is $82,000 behind the budget and Streets for People is $47,000 behind the budget).

4.2 Monitoring The Environment income is less than budget by $333,000. Income budgeted to be received from MPI Hill Country Erosion fund is yet to be invoiced. This will be invoiced upon completion of deliverables and reporting (planting to be completed). The amount to be invoiced will be $316,000.

4.3 Monitoring The Environment expenditure is less than budget by $372,000. Environment Iwi Indicators is $33,000 under budget as Council is awaiting feedback from Iwi partners. There was a savings in Environment Stream Monitoring of $21,000, State of Air Quality Monitoring of $40,000, Healthy Streams $11,000 and air quality gas studies of $13,000. Hydrology monitoring is $26,000 under budget with funds tagged for coastal projects being limited by staff leaving and some Covid savings. The Section 36 expenditure budget of $30,000 was unspent as income has not yet been received. State of Environment Reporting also has a budget savings of $48,000. Staff Expenditure is $100,000 under budget due to staff time allocation.

4.4 Developing The Resource Management Plan income is greater than budget by $482,000. All this income was generated from the Maitahi Bayview plan change recovery charges.

4.5 Developing The Resource Management Plan expenditure is less than budget by $967,000. Significant changes have been approved by Council in November 2021 to change the programme of works for the Nelson Plan. This has delayed major work that was to occur this year, which has resulted in underspends across expenditure items with Nelson Plan ($1.4 million). This is partially offset by the unbudgeted consultant cost of $438,000 incurred on Maitahi Bayview plan change which was fully recovered as mentioned above.

4.6 City Development Expenses expenditure is greater than budget by $1,133,000. This variance is solely due to the unbudgeted housing reserve grant payments of $1,400,000.

4.7 Environmental Advocacy/Advice income is greater than budget by $147,000. Maitai ERP Grant is $128,000 ahead of budget due to paid in advance of expenditure.

4.8 Environmental Advocacy/Advice expenditure is less than budget by $311,000. Staff Expenditure is $327,000 under budget due to staff time allocation and how it is coded.

4.9 Dog control income is greater than budget by $319,000. Of this, $297,000 is income received in advance for 2022/23 (and must therefore still be accrued to July 2022). The remaining $22,000 is due to an increase in fees and the number of dog registrations.

4.10 Public Counter Land & General expenditure is less than budget by $134,000. Staff Operating Expenditure is $116,000 under budget due to lower than budgeted staff time allocation.

4.11 Building Services income is greater than budget by $683,000. Quality Assurance levies, Job Sales and Insurance Levies are over budget by $214,000, $378,000, and $64,000 respectively with stronger market demand than anticipated.

4.12 Building Services expenditure is greater than budget by $566,000. Master Builder Digital Services are $34,000 over budget which is directly linked to increased consent numbers. Staff costs are $473,000 ahead of budget which is due to staff vacancies and increased demand requiring the use of contractors.

4.13 Resource Consents income is less than budget by $164,000. Consent Fees are $142,000 under budget as there is a lag in invoicing.

4.14 Resource Consents expenditure is greater than budget by $528,000. External Consultants are over budget by $396,000 which is driven by staff vacancies requiring consultants to perform work to deal with the increased volume of consents being sought. The remainder of $130,000 is due to allocation of staff operating expenditure.

5. Key activities

City Development

City Centre

5.1 Work on Stage 1 Schematic Design for Bridge Street Linear Park / Linear Active Transport Corridor is underway. Council’s Transport Team is developing proof of concept options over a 3-month programme to align with the Te Ara ō Whakatū vision and to prepare ahead of Kāinga Ora’s anticipated development programme and Infrastructure Acceleration Fund (IAF) negotiations.

5.2 The City Centre Programme Development Lead is working with Council’s Property Team to ascertain potential properties in the central city suitable for a play area. Council’s Parks Team is supportive of the approach. A property brief has been developed to assist with this investigation. In July Council successfully purchased (unconditional) the SBL property (currently contracted as the bus depot until July 2023) which has the potential for the city centre play area or housing. A decision on the future use of the property will be undertaken by elected members.

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

Nelson Tasman Future Development Strategy

5.4 Deliberation hearings on the Nelson-Tasman Future Development Strategy 2022-2052 (FDS) have concluded. Key recommendations that emerged from deliberations included retaining the draft FDS core spatial proposal of consolidating growth largely along State Highway 6 from Atawhai to Wakefield, but also including Māpua and Motueka and meeting the needs of Tasman’s rural towns. The recommendations also included retaining the high growth population projections and a number of new, amended and excluded sites.

5.5 The Joint Committee of the Nelson City and Tasman District Councils accepted the Subcommittee’s recommendations and policy decisions on 27 July 2022. The final FDS is proposed to be adopted by the Joint Committee of the Nelson City and Tasman District Councils on 29 August 2022.

Housing

5.6 The sale of 6 & 8 Totara Street to Nelson Tasman Housing Trust for a residential intensification development has progressed with a signed agreement being received and conditions to be met by the Trust before 20 September 2022. Settlement would occur 100 days after the agreement is unconditional. Officers look forward to seeing this development increasing housing supply in Nelson and providing an intensification exemplar over the next two years. Further research into Council’s property portfolio will be undertaken this year by the Property Services Team to identify any further Council owned land that may be surplus to requirements that could be suitable for leveraging additional housing supply.

5.7 The Strategic Housing Adviser and the City Centre Development Programme Lead continue to work as part of a cross Council team on the successful applications to the IAF. This includes pursuing greater housing yield to further support the Bridge Street Linear Active Transport Corridor. Negotiations involve a series of two weekly meetings with the IAF team to work through details of developers share, project timelines and costings with the aim of having a funding contract signed by November 2022.

5.8 The Strategic Housing Adviser is continuing work with a project team from Kāinga Ora to progress the sale of 69 to 101 Achilles Avenue and 42 Rutherford Street to Kāinga Ora for social and affordable housing. This has included exploring partnership models and an update report was brought to Council on 28^th July 2022 outlining challenges and progress to date. Next steps include identifying partners and viable models to support the affordable housing component.

Building

5.9 Fourth quarter statistics and comments are attached (Attachment 2).

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

5.11 High consent numbers, staff shortages, ongoing recruitment difficulties, and the demanding workloads of consultants affecting their ability to deliver has resulted in a lower level of compliance with statutory timeframes for processing building consents and issuing code of compliance certificates.

5.12 Council’s geotechnical consultants are currently working outside their contract while an RFP process is undertaken to engage contractors for a new contract term.

Resource consents and compliance

5.13 Reduced capacity from staff and external consultants has resulted in a lower level of compliance with statutory timeframes in May 2022. New resource consents are not being allocated straight away. See Attachment 2 for other statistics. Recruitment for two vacant positions has been unsuccessful to date.

5.14 Workloads for the compliance, monitoring and enforcement of resource consents and other planning provisions has increased. This is due to the increasing complexity of developments, more national monitoring requirements and increasing awareness and scrutiny from the public.

5.15 The transition of the Harbourmaster and Deputy Harbourmaster from being employed by Port Nelson Ltd to being employed by Council was successfully achieved by the end of the quarter.

5.16 The parking regulatory activity continues to see a greater level of non-compliance than in previous years. The electronic system makes it easier and quicker for parking officers to detect drivers overstaying the time limit or failing to pay for parking. In the dog control activity, the trend of higher registrations, greater compliance and less enforcement action required, continues.

Environmental Planning

5.17 The focus of the Environmental Planning team for the last quarter has been on:

- Issuing LIM notifications and responding to queries from property owners potentially affected by natural hazards, including liquefaction, and fault rupture.

- Preparation for the hearing of the Maitahi Bayview private plan change request.

- Preparation for consultation on the Dynamic Adaptive Pathways Planning project that was undertaken in July.

- Progressing freshwater planning with the eight Te Tauihu iwi and three top of the South councils. A positive framework for collaboration is being developed through this process, and iwi have initiated the second stage of work necessary to develop a local context for Te Mana o te Wai.

- Progressing the Housing Plan Change (PC 29) documents in preparation of notification following alignment with the Future Development Strategy.

5.18 The team is carrying three vacancies, with recruitment continuing to be challenging.

Science and Environment

5.19 The Jobs for Nature Project Mahitahi team has focused on planting over the last quarter, with the intention to plant over 70,000 trees this planting season. A Matariki planting in June saw around 50 people attend, planting 1000 trees around the new Maitai Cycleway. The quarterly report to the Project Mahitahi Governance Group is attached for a more detailed update of activities (Attachment 3).

5.20 The Jobs for Nature Wakapuaka Whangamoa team are now working with three landowners to restore significant areas on private land. Further sites are expected to be included in the upcoming quarter, and discussions with Ngāti Tama are ongoing in relation to iwi owned sites in the catchments, and a role focused on ensuring appropriate tikanga is observed as the team work on these sites.

5.21 Funding received by a Crown Research Institute under Jobs for Nature has meant that Council is contracted to deliver an additional freshwater monitoring role to help meet increased requirements under the NPS-FM. This role will be in place by September for two years, and as well as enabling enhanced monitoring, the employee will work with Council’s iwi partners to help build capacity in freshwater work

5.22 Monthly rainfall totals in the region were below average in April and May. June was wetter than usual with monthly totals higher than the long-term averages. There were between 17 and 19 wet days during June creating saturated conditions but no major flooding. Cumulative rainfall graphs to June 2022 are attached (Attachment 4)

5.23 The first phase of the online State of Environment reporting tool has been completed and is ready to be hosted on Council’s website. This work takes Council’s monitoring data and turns it into useful reporting in line with the Freshwater National Policy Statement requirements for target attribute states. Fields have been developed for macroinvertebrates, nutrients, E. coli and periphyton. Fields for rainfall and flow reporting are being developed as part of phase two. It is envisaged that over the next two years this reporting tool will grow in scale and help inform both the policy responses required in freshwater and State of Environment reporting.

5.24 Community-led projects to improve the health of Nelson’s natural environment are growing in the region with the support of Council’s environmental grants programme. Ninety-one applications were received for environmental grants in 21/22, and two thirds of grant applicants were successful with some funding for their project. In total, approximately $300,000 was awarded from Council’s Nelson Nature, Healthy Streams and Sustainable Land Management programmes. This funding includes $116,000 from the Ministry of Primary Industries to reduce erosion in Nelson.

5.25 The grants have helped landowners and community groups to control weeds; trap pests; restore stream margins and wetlands; manage erosion on steep erodible land; and plant over 35,500 native plants across the Nelson region.

5.26 Council partnered with Land Information New Zealand, the Department of Conservation, the Ministry for Primary Industries (Fisheries New Zealand), and Port Nelson to undertake a multibeam survey of the seabed from the Horoirangi Marine Reserve up the coast to the Kokorua Estuary, including the area around Pepin Island.

5.27 This work assists Council and the Department of Conservation in understanding the location of important areas of marine biodiversity and being able to give effect to legislation that requires or allows protection of those areas. The Harbourmaster and Port Nelson were also involved because this area has never been surveyed for navigational hazards. Fisheries New Zealand joined the collaborative group because they are also required to know where important habitats and areas of high biodiversity are located.

5.28 The survey work was completed in June 2022. A science provider will be contracted to analyse the data and prepare useable output in 22/23. It is hoped that the data will be useful in approaching potential funders for a more comprehensive survey of Tasman and Golden Bay including the Tonga Island Marine Reserve.

5.29 The Nelson Biodiversity Forum is a group of 32 member organisations, who work together to identify and align actions to improve Biodiversity in the Nelson region. The Forum meets quarterly and works to implement the Nelson Biodiversity Strategy, which was last reviewed in 2018. The strategy links existing initiatives and actions under a common vision and introduces new actions that address the priority biodiversity management issues in Nelson.

5.30 At its June 2022 meeting the Forum adopted a new charter and set of operating procedures, and Peter Lawless retired as facilitator of the forum after several years. At the next meeting of the Forum, a new Chair will be elected from the membership, a coordinating group will be formed, and members will be able to consider their level of participation as Signatories, Partner Organisations or Allies.

6. Legal proceedings update

6.1 The Building team has two legal proceedings in progress.

7. Risks and challenges

7.1 Recruitment and retention of staff continues to be difficult. There are vacancies in the Planning Team, Resource consents team and Building team. The impact of vacancies, officer absences due to illness and the volume of work are affecting the delivery timeframes for projects.

7.2 Recruitment is continuing, but applicants with the required qualifications, relevant experience and competencies are proving difficult to find.

7.3 With the upcoming retirement of a senior building inspector to add to the existing vacancies, the Building Control Authority will need support from external contractors to manage inspection demand along with overflow processing capacity.

8. Status report updates

8.1 The status report actions and updates are attached (Attachment 5)

9. Climate change update

Nelson Climate Adaptation engagement

9.1 Council is working to prepare Nelson coastal communities for a changing climate. From 22 June – 14 August 2022, Council engaged with the community through two online webinars, nine in-person workshops attended by 220 people in total, and meetings with iwi and key stakeholders. At these events, information was provided on how coastal hazards and Maitai River flooding are likely to affect Nelson, and the community’s values in relation to the coast were discussed.

9.2 To notify the community of the engagement, letters and emails were sent to 4959 households, and the webinars and workshops were advertised through social media channels, posters, online media articles, and the Our Nelson newsletter. A new Shape Nelson page was published which provides a range of visual tools such as 3D flooding maps and an online feedback form where people could have their say. Twenty-four people responded via the feedback form.

9.3 A report summarising the feedback received through community engagement will be presented to the Environment and Climate Committee in September. The next step is to carry out further targeted engagement to ensure broad representation of the community’s values before developing proposed objectives to discuss at a workshop with elected members. These objectives will inform the development of adaptation options and pathways.

Partnerships with Nelson Tasman Climate Forum and Businesses for Climate Action

9.4 Council provides funding and support to the Nelson Tasman Climate Forum and Businesses for Climate Action, two organisations which are working with the community and businesses (respectively) to drive action on climate change. Council has received accountability reports summarising the progress in 2021/22 by both organisations.

9.5 The Nelson Tasman Climate Forum ran a number of successful projects and events in 2021/22, such as Climate Action Week, which included 20 events with over 500 attendees. The Forum ran 13 climate action projects, many of which were supported and funded by Council, including Repair Cafés, an Earth Emotions photography exhibition and the development of an educational climate change game.

9.6 Businesses for Climate Action launched ‘Mission Zero’, a programme to support local businesses to decarbonise. The programme has coached a number of upcoming business climate leaders, and run projects such as ‘Fill up Fridays’, encouraging consumers to refill vessels and containers from participating retailers on Fridays.

Establishing a car sharing scheme in Nelson

9.7 Council is initiating the development of an electric vehicle car sharing scheme in Nelson. A car sharing scheme will demonstrate Council leadership on climate change, reduce carbon emissions and demand for parking, optimise Council’s fleet operations and improve community transport choice and access. Initial discussions with Businesses for Climate Action and the Nelson Tasman Climate Forum have identified strong interest from local businesses and the community in car sharing.

9.8 Council has released a Request for Proposals on the Government Electronic Tender Service platform seeking a supplier to operate car sharing scheme services for Council, with the aim to expand the scheme for use by Nelson businesses and the wider community in the Nelson region. The deadline for proposals is 16 September.

9.9 The next step is to work with the preferred supplier to establish car sharing in Nelson, including identifying public and private car parking spaces and working on a behaviour change and communications campaign to target potential early adopters and support uptake of the scheme.

Applying a climate lens to Council work programmes

9.10 To give effect to the commitment in the Long Term Plan 2021 – 2031 to apply a ‘climate lens’ to all of Council’s work programmes, Council is reviewing its strategies and key internal documents to ensure that opportunities for reducing greenhouse gas emissions and adapting to climate change impacts are identified and acted upon. The Climate Change team is also providing training and support to staff to achieve this objective.

Release of the National Adaptation Plan

9.11 Council prepared a submission to central government’s Draft National Adaptation Plan which was retrospectively approved by the Environment and Climate Committee on 16 June.

9.12 The first National Adaptation Plan was released on 3 August. The Plan sets direction on how New Zealand will adapt to the unavoidable impacts of climate change, and address key climate risks identified in the National Climate Change Risk Assessment which was published in 2020.

9.13 The National Adaptation Plan brings together more than 120 strategies, policies and actions that over the next six years will help build the foundations for enabling better risk-informed decisions and drive climate resilient development. This is the first in a series of plans that will be produced every six years, as required by the Climate Change Response Act.

9.14 Staff are currently reviewing the policies in the Plan with a view to ensuring Council’s adaptation work programme aligns with the direction in the Plan.

Author: Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1: 1064087472-8985 Environmental Management LTP Performance Measures Quarter Four 2021/22 ⇩

Attachment 2: 756385493-49931 Building and Consents and Compliance stats ⇩

Attachment 3: 272871725-4187 - Governance Group report - Project Mahitahi - April to June 2022 ⇩

Attachment 4: 303536487-216 Cumulative rainfall graphs to June 2022 ⇩

Attachment 5: 1064087472-2419 - Status report actions and updates August 2022 ⇩

[1] These estimations take into account data on vertical land movement from the NZ Searise programme (https://www.searise.nz).

[2] Council released coastal inundation maps in 2020 and Maitai River flooding maps in 2021, and engaged on these as part of the development of the draft Nelson Plan.

[3] Stakeholders included the Port, Nelson Airport, Nelson Marlborough Health (NMH), the Ministry of Education, Department of Conservation (DOC), Ministry for Primary Industries (MPI) and the Kotahitanga mō te Taiao Alliance.