Agenda of Council - Thursday, 15 December 2022

Nelson City Council

15 December 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

4.1 Friends of the Maitai

Jacquetta Bell and Steven Gray, from the Friends of the Maitai, will update Council on their ongoing activities, their view of river health and ongoing Council responsibilities to care for this asset.

5. Confirmation of Minutes

5.1 10 November 2022 14 - 33

Document number M19907

Recommendation

That the Council

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

5.2 24 November 2022 34 - 41

Document number M19919

aRecommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 24 November 2022, as a true and correct record.

6. Mayor's Report 42 - 60

Document number R27371

Recommendation

That the Council

1. Receives the report Mayor's Report (R27371) and its attachments (839498445-13400, 1118544611-6991 and 1118544611-6993); and

2. Approves unbudgeted expenditure of $50,000 in the 2022/23 financial year for a Council contribution to the Mayoral Relief Fund to provide financial assistance for impacted residents.

3. Approves the updated Members’ Reimbursement and Expenses Policy attachment (839498445-13400); and

4. Notes that officers will provide the updated Members’ Reimbursement and Expenses Policy to the Remuneration Authority for review against their guidance; and

5. Notes the appointment of Gail Collingwood as Sister Cities Coordinator for a period of three years finishing in October 2025; and

6. Delegates to the Local Government Reform Task Force power to authorise the His Worship the Mayor to sign a submission to the Environment Select Committee on the Natural and Built Environment and Spatial Planning Bills before the close off date of 30 January 2023.

7. Brook Waimarama Sanctuary Trust Annual Update 61 - 62

Document number R27327

Recommendation

That the Council

1. Receives the report Brook Waimarama Sanctuary Trust Annual Update (R27327) and its attachment (606908324-46122).

8. Nelson Regional Development Agency Annual Report 2021-22 63 - 67

Document number R27281

Recommendation

That the Council

1. Receives the report Nelson Regional Development Agency Annual Report 2021-22 (R27281) and the attachment (839498445-7425); and

2. Approves the Nelson Regional Development Agency Annual Report as sufficient to provide Council with an overview of activities during the 2021-22 year; and

3. Notes that a letter of expectation for the Nelson Regional Development Agency for 2022-23 is not required.

9. Development Contributions Waiver Kaikaiāwaro Charitable Trust 68 - 75

Document number R27317

Recommendation

That the Council

1. Receives the report Development Contributions Waiver Kaikaiāwaro Charitable Trust (R27317); and

2. Approves the request from Kaikaiāwaro Charitable Trust to waiver development contributions of approximately $85,000 for whānau housing on 104 Nayland Road and identifies the matters in relation to such a decision in accordance with section 80 of the Local Government Act, including:

(a) The decision to waive the development contribution would be inconsistent with the NCC Development Contributions Policy 2021; and

(b) Specific reasons that the development is being undertaken by a not-for-profit iwi trust and provides social housing for whānau of Ngāti Kuia are identified as to why the Council has decided to grant the waiver notwithstanding the inconsistency with the Policy; and

(c) That there is no intention to amend the Policy to accommodate the decision at this time, however the Policy will be reviewed as part of the 2023 LTP process; and

3. Directs officers to make amendments as part of the next review of the Development Contributions Policy in 2023 to include exemptions for social housing developments undertaken by Iwi Trusts in the draft development contributions policy.

10. Terms of Reference for the Community Housing Acceleration Taskforce 76 - 83

Document number R27333

Recommendation

That the Council

1. Receives the report Terms of Reference for the Community Housing Acceleration Taskforce (R27333) and its attachment (336940202-4193); and

2. Approves the Terms of Reference for the Community Housing Acceleration Taskforce (336940202-4193).

11. Approval of Terms of References - Civic House and Sports Facilities taskforces 84 - 92

Document number R27374

Recommendation

That the Council

1. Receives the report Approval of Terms of References - Civic House and Sports Facilities taskforces (R27374) and its attachments (1974015928-926 and 1974015928-914); and

2. Approves the Civic House Taskforce Terms of Reference (1974015928-926); and

3. Approves the Sports Facilities Taskforce Terms of Reference (1974015928-914).

12. Delegations Register 2022 93 - 157

Document number R27344

Recommendation

That the Council

1. Receives the report Delegations Register 2022 (R27344) and its attachments (1974015928-915, 596364813-7363); and

2. Re-establishes the Regional Pest Management Joint Committee; and

3. Approves subject to Tasman District Council approval, the Terms of Reference for the Regional Pest Management Joint Committee (596364813-7363); and

4. Adopts the Delegations Register 2022 (1974015928-915).

13. Local Governance Statement 158 - 204

Document number R27349

Recommendation

That the Council

1. Receives the report Local Governance Statement (R27349) and its attachment (1373411589-406); and

2. Notes that the 2022-2025 Local Governance Statement has been prepared as required under section 40 Local Government Act 2002; and

3. Notes that the updated Local Governance Statement will be made publicly available through Council’s website; and

4. Notes that the Local Governance Statement will be treated as a live document with updates being made and the document re-published as required.

14. Rates remission for landowners affected by the August 2022 rainfall event - further report 205 - 227

Document number R27378

Recommendation

That the Council

1. Receives the report Rates remission for landowners affected by the August 2022 rainfall event - further report (R27378) and its attachments (1982984479-5324 and 839498445-7760); and

2. Agrees that the level of rates remission for the August 2022 rainfall event be increased for properties unable to be inhabited as at 30 November 2022 to include the Uniform Annual General charge (UAGC) and general rate; and

3. Agrees that the additional rates remission includes the Uniform Annual General charge (UAGC) and general rate and the rates remission is backdated to the initial event date; and

4. Delegates the Group Manager Corporate Services and the Group Manager Environmental Management to determine applications for rates remission.

15. Policy Review: Appointment of Directors or Trustees of Council-Controlled Organisations, Council-Controlled Trading Organisations and Council Organisations 228 - 240

Document number R26898

Recommendation

That the Council

1. Receives the report Policy Review: Appointment of Directors or Trustees of Council-Controlled Organisations, Council-Controlled Trading Organisations and Council Organisations (R26898) and its attachment (200344844-202); and

2. Adopts the amended Policy for Appointment of Directors or Trustees of Council Controlled Organisations, Council Controlled Trading Organisations and Council Organisations.

16. Proposal to establish an Arts Development Agency 241 - 246

Document number R27342

Recommendation

That the Council

1. Receives the report Proposal to establish an Arts Development Agency (R27342); and

2. Supports the Arts Council Nelson initiative to expand its role to provide the Development Agency for the Arts, as envisaged in He Tātai Whetū/the Whakatū Nelson Arts and Creativity Strategy; and

3. Requests His Worship the Mayor write a letter on behalf of Council to support Arts Council Nelson’s funding application to the Cultural Sector Regeneration Fund.

17. Nelson Events Strategy implementation update - 2021-22 247 - 254

Document number R27353

Recommendation

That the Council

1. Receives the report Nelson Events Strategy implementation update - 2021-22 (R27353); and

2. Approves changing the return on investment target from 10:1 to 20:1 in the Nelson City Events Strategy.

18. Schedule of Meetings 2023 255 - 271

Document number R27345

Recommendation

That the Council

1. Receives the report Schedule of Meetings 2023 (R27345) and its attachment (1982984479-5371); and

2. Adopts the schedule of meetings for the 2023 calendar year as set out in attachment 1 (1982984479-5371).

19. Biosecurity Annual Report 2021/22 & Operational Plan 2022/23 272 - 279

Document number R27338

Recommendation

That the Council

1. Receives the report Biosecurity Annual Report 2021/22 & Operational Plan 2022/23 (R27338) and its attachments (596364813-7519, 596364813-7512, and 596364813-7513); and

2. Approves the Operational Plan 2022/23 for the Tasman Nelson Regional Pest Management Plan (596364813-7513), specifically as it relates to Nelson City Council’s area; and

3. Approves the amendment to Koi Carp species from Cyprinus carpio, to Cyprinus rubrofuscus in the Tasman Nelson Regional Pest Management Plan 2019-2029.

20. Resident's Survey 2021/22 280 - 338

Document number R27354

Recommendation

That the Council

1. Receives the report Resident's Survey 2021/22 (R27354) and its attachments (1224871364-247 & 1224871364-245); and

2. Notes that the results of the Residents’ Survey 2021/22 will be made available to the public on the Council website.

Confidential Business

21. Exclusion of the Public

Recommendation

That the Council

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

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

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	Council Meeting - Confidential Minutes - 10 November 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)(g) To maintain legal professional privilege
2	Council Meeting - Confidential Minutes - 24 November 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)
3	Reappointment of Independent Chair to the Saxton Field Committee	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	Bishop Suter Trust - Statement of Expectations 2023-24	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)
5	Nelmac Limited - Statement of Expectation 2023/24	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
6	Appointment of Climate Change Advisory Group members	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
7	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)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Karakia Whakamutanga

Nelson City Council Minutes - 10 November 2022

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 Thursday 10 November 2022, commencing at 9.00a.m.

Present: His Worship the Mayor Hon Dr N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, Deputy Mayor R O'Neill-Stevens (Deputy Mayor), K Paki Paki, P Rainey, C Rollo, R Sanson, T Skinner and A Stallard

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (D Bush-King), Group Manager Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Assistant Governance Adviser (A Bryce-Neumann)

Apologies : Nil

Karakia and Mihi Timatanga

His Worship the Mayor Smith provided opening comments for the first Ordinary meeting of Council, noting his thanks to the Chief Executive and staff for their assistance in helping him to transition to the role of Mayor, with particular thanks to Nan Ward. He noted the change to electronic provision of meeting papers would save Council approximately $50,000 per annum and thanked members for their support to enable this.

1. Apologies

2. Confirmation of Order of Business

His Worship the Mayor Smith noted that as audit information had not been received from Audit NZ, Item 12: Annual Report, was removed from the Agenda.

3. Interests

There were no updates to the Interests Register. Councillor Stallard declared a non-pecuniary interest in Item 7: Mayor’s Report, with respect to the Library discussion. Councillor Paki Paki subsequently declared a non-pecuniary interest in this item if discussing Whakatu Inc, noting his only employment with Whakatu Inc was on matters with no association with Council.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 28 October 2022

Document number M19894, agenda pages 19 - 22 refer.

Resolved CL/2022/247

That the Council

1. Confirms the minutes of the meeting of the Council, held on 28 October 2022, as a true and correct record.

Courtney/Skinner Carried

6. Statutory Declaration - Councillor Rachel Sanson

Document number R27314, agenda pages 23 - 23 refer.

Councillor Sanson made her statutory declaration, witnessed by His Worship the Mayor Dr Smith.

7. Mayor's Report

Document number R27322, agenda pages 24 - 28 refer.

His Worship the Mayor Smith presented his report and noted he intended to take the motion in parts.

He answered questions on the impact of removing the Library project from the Long Term Plan, including work to date, community needs and seismic strengthening work.

Following discussion His Worship the Mayor Smith proposed an amendment to his recommendation to clarify that removing the Maitai precinct library project from the Long Term Plan would be considered, with alternatives, through the Annual Plan 2023/24 process.

Clauses 1, amended clause 2 and additional clause 3 were moved by His Worship the Mayor Dr Smith, seconded by Councillor Skinner.

That the Council

1. Receives the report Mayor's Report (R27322); and

2. Directs that no further expenditure be incurred on the new library project in the Maitai precinct pending further direction from this Council; ~~and that changes be drafted and prepared for consideration of the removal of the project from the Long Term Plan; and~~

3. Notes that consideration of the removal of the Maitai Precinct library project from the Long Term Plan and consideration of any alternative project will occur through the 2023/24 Annual Plan process; and

Resolved CL/2022/148
	*That the Council* *1. Approves the Receives the report Mayor's Report (R27322); and* 2. Directs that no further expenditure be incurred on the new library project in the Maitai precinct pending further direction from this Council; and that changes be drafted and prepared for consideration of the removal of the project from the Long Term Plan; and 3. Notes that consideration of the removal of the Maitai Precinct library project from the Long Term Plan and consideration of any alternative project will occur through the 2023/24 Annual Plan process.
Skinner/His Worship the Mayor Carried
His Worship the Mayor spoke to clause 4 of the amended recommendation noting the significant amount of spending that had occurred and would be required following the August extreme weather event, noting it was important that Council was aware of its obligations and recognised the scale of the recovery process.
Resolved CL/2022/248
	*That the Council* 1. Agrees that an amendment will be required to the Long Term Plan 2021-31 as changes to the capital programme in 2023/24 and following years will be material due to the impacts on Council’s work programme of the August weather event and subsequent recovery process.
His Worship the Mayor/O'Neill-Stevens Carried

8. Mayor's Report - Governance Structures

Document number R27326, agenda pages 28 - 47 refer.

His Worship the Mayor Smith presented his report noting changes for clarification had been made to the recommendation, including an additional clause to adopt the (tabled 1982984479-5331) Terms of Reference for three joint Committees as meetings were scheduled prior to the full Delegations Register being adopted in December.

He clarified that the Biodiversity Forum had recently amended their constitution to reflect that only one Elected Member be appointed, and confirmed that the member would be Councillor Stallard. The previous constitution had appointed three Elected Members.

Resolved CL/2022/249

That the Council

1. Receives the report Mayor's Report - Governance Structures (R27326) and its attachments (1982984479-5247 and 1982984479-5241); and

2. Notes that in May 2023, the Mayor intends to fully review the committee structure and allocation of roles in consultation with councillors, with the intention of any changes coming into effect on 1 July 2023; and

3. Endorses the allocation of the post-election 2022/23 councillor remuneration pool as follows:

Deputy Mayor $65,000.00

Councillor $49,484.82; and

4. Approves the establishment of a Joint Nelson Tasman Regional Transport Committee under section 105(9) Land Transport Management Act 2003, subject to similar approval being reached by Tasman District Council; and

5. Endorses the Terms of Reference for the Joint Nelson Tasman Regional Transport Committee (1982984479-5241); and

6. Notes that the delegations for the Joint Nelson Tasman Regional Transport Committee include responsibility to prepare a Regional Land Transport Plan, prepare a Regional Public Transport Plan and undertake a review of speed limits; and

7. Notes the Nelson City Council membership of the Joint Nelson Tasman Regional Transport Committee has been included in the governance appointments for the 2022 triennium; and

8. Notes the initial governance structure and roles for the 2022 triennium, including the appointment of Councillor Mel Courtney as Interim Chair of the Audit Risk and Finance Committee

Group 1: Representation Appointments:

*Name of Organisation*	*Appointees*
*Whakatu Marae*	*Mayor Nick Smith*
*Cawthron Institute Board*	*Mayor Nick Smith*
*Mayoral Taskforce for Jobs Steering Group*	*Mayor Nick Smith*
*Mayoral Taskforce for City Futures*	*Mayor Nick Smith*
*Nelson Mayoral Relief Trust*	*Mayor Nick Smith* *Cr Matty Anderson* *Cr Trudie Brand*
*Sister Cities Coordinating Group*	*Mayor Nick Smith* *Cr Trudie Brand*
*Tasman Bays Heritage Trust Appointments Committee*	*Cr Mel Courtney* *Cr Kahu Paki Paki*
*Nelson Youth Council*	*Cr James Hodgson* *All other councillors attend via rotation*
*Urban Design Champion*	*Cr Pete Rainey*
*Youth Nelson (The Young Nelson Trust)*	*DM Rohan O’Neill-Stevens*
*Sport Tasman (Tasman Regional Sports Trust)*	*Cr Tim Skinner*
*Nelson Tasman Business Trust*	*Cr Matthew Benge*
*Accessibility for All*	*Cr Campbell Rollo*
*Arts Council Nelson Incorporated*	*DM Rohan O’Neill-Stevens* *Cr Matty Anderson*
*Positive Ageing Forum*	*Cr Rachel Sanson*
*Heritage Houses: Broadgreen Facility, Melrose House*	*Cr Mel Courtney (Broadgreen)* *Cr James Hodgson (Melrose)*
Tāhunanui Liaison Councillor*	*Cr Campbell Rollo*
Nelson North Liaison Councillor*	*Cr Aaron Stallard*
Pacific and Ethnic Communities Liaison Councillor*	*Cr Matty Anderson*

*These are new roles for which the Terms of Reference will be brought to the December 2022 Council meeting

Group 2: Joint Nelson Tasman Committee/Group Appointments:

Committee

Members

Joint Nelson Tasman Regional Transport Committee

Two elected members (and two alternates)- Nelson City Council

Mayor Nick Smith

DM Rohan O’Neill-Stevens

Cr Mel Courtney (alternate)

Cr James Hodgson (alternate)

Two Elected Members (and two alternates )Tasman District Council

Waka Kotahi representative

Joint Committee

All elected members Nelson City Council

All elected members Tasman District Council

Joint Shareholders Committee

Mayor and 5 councillors Nelson City Council

Mayor Nick Smith

DM Rohan O’Neill-Stevens

Cr Mel Courtney

Cr Matthew Benge

Cr Kahu Paki Paki

Cr Rachel Sanson

Mayor and 5 councillors Tasman District Council

Saxton Field Committee

Nelson City Councillor x 2

Cr Campbell Rollo

Cr Tim Skinner

Tasman District Councillor x 2

Independent Chair TBC

Civil Defence and Emergency Management Group

Mayor Nelson City Council

Mayor Tasman District Council

Nelson Tasman Regional Landfill Business Unit

Nelson City Councillor x 2

Cr Mel Courtney

Cr Aaron Stallard

Tasman District Councillor x 2

Iwi Representative

Nelson Regional Sewerage Business Unit

Nelson City Councillor x 2

Cr Kahu Paki Paki

Cr Tim Skinner

Tasman District Councillor x 2

Independent Member

Regional Pest Management Joint Committee

Nelson City Councillor x 3

Cr Matthew Benge

Cr Rachel Sanson

Cr Aaron Stallard

Tasman District Councillor x 3

Joint Regional Cemetery Working Group

Nelson City Councillor x 2

Cr Trudie Brand

Cr Tim Skinner

Tasman District Councillor x 2

Iwi Representative

Nelson Tasman Joint Waste Review Working Party

Cr Matthew Benge

Cr Rachel Sanson

Cr Aaron Stallard

Waimea Inlet Coordination Group

Nelson City Councillor x 1

Cr Rachel Sanson

Group 3: Nelson City Council Committee Appointments:

Chief Executive Employment Committee

Mayor Nick Smith (Chair)

DM Rohan O’Neill-Stevens

Cr Trudie Brand

Cr Pete Rainey

Paul Bell (external advisor, no voting rights)

Audit, Risk and Finance Committee

Mayor Nick Smith

DM Rohan O’Neill-Stevens

Cr Mel Courtney (Interim chair)

Cr Rachel Sanson

Shanell Kelly (direct Māori re-appointment proposed)

One or two independent appointees – to be sought

Tenders Committee

Mayor Nick Smith (Chair)

DM Rohan O’Neill-Stevens

Cr Mel Courtney

Cr Kahu Paki Paki

Eelco Boswijk Civic Awards Committee

Mayor Nick Smith

DM Rohan O’Neill-Stevens

Cr Trudie Brand (Chair)

Councillor Matty Anderson

Councillor Pete Rainey

Hearing Panel

All elected members

Rotating attendance in panels of three

District Licensing Committee

Oke Blaikie (external appointee)

DM Rohan O’Neill-Stevens (Deputy Chair)

Cr Trudie Brand

Group 4: Forum Appointments:

Iwi Council partnership hui

Mayor Nick Smith

DM Rohan O’Neill-Stevens

Councillor Kahu Paki Paki

Councillor Rachel Sanson

Councillor Tim Skinner

Nelson Tasman Climate Forum

Mayor Nick Smith

DM Rohan O’Neill-Stevens

Community and Whanau

Mayor Nick Smith

Councillor Matty Anderson

Councillor James Hodgson

Nelson Biodiversity Forum

Councillor Aaron Stallard

City Centre Business Forum

Mayor Nick Smith

DM Rohan O’Neill-Stevens (Chair)

Councillor Pete Rainey

Councillor Tim Skinner

Representatives to include:

· Uniquely Nelson

· Hospitality sector

· Retail sector

· Property owners

Group 5: Taskforce Appointments:

*Elma Turner Library Reopening Taskforce*	*Mayor Nick Smith (lead)* *Councillor Kahu Paki Paki* *Councillor Tim Skinner* *Councillor Aaron Stallard*
*Civic House Taskforce*	*Mayor Nick Smith* *Councillor Pete Rainey (lead)* *Councillor Mel Courtney* *Councillor Campbell Rollo*
*Local Government Reform Taskforce*	*Mayor Nick Smith (lead)* *DM Rohan O’Neill-Stevens* *Councillor Matthew Benge* *Councillor Trudie Brand* *Councillor James Hodgson* *Councillor Aaron Stallard*
*Community Housing Acceleration Taskforce*	*Mayor Nick Smith* *DM Rohan O’Neill-Stevens* *Councillor Rachel Sanson (lead)* *Councillor James Hodgson* *Councillor Kahu Paki Paki* *Councillor Pete Rainey*
*Storm Recovery Taskforce*	*Mayor Nick Smith (lead)* *Councillor Matty Anderson* *Councillor Trudie Brand*
*Sports Facilities Taskforce*	*Mayor Nick Smith* *Councillor Tim Skinner (lead)* *Councillor Matty Anderson* *Councillor Matthew Benge* *Councillor Campbell Rollo*
*Annual Plan 2023/24 Taskforce*	*Mayor Nick Smith* *DM Rohan O’Neill-Stevens* *Councillor Mel Courtney (lead)* *Councillor Trudie Brand* *Councillor Rachel Sanson* *Councillor Aaron Stallard*

; and

9. Adopts the Terms of Reference for the Joint Committee of Tasman District and Nelson City Councils, Civil Defence Emergency Management Group and Joint Shareholders Committee, noting that a full review of the Delegations Register will be brought back to the December Council meeting; and

10. Notes that the Chief Executive Employment Committee will have within its delegation the power to make recommendations on the recruitment and appointment of a Chief Executive, including the ability to establish a panel for interviewing; and

11. Directs Officers to advertise for up to two independent appointees to the Audit, Risk and Finance Committee, to be considered by the Committee with a view to making a recommendation to Council on the appointments; and

12. Endorses the following dates for Council meetings, noting that a full draft meeting schedule – including committee dates where these have been set – will be brought to the December Council meeting:

· 15 December 2022

· 2 and 3 February 2023 – Annual Plan workshops

· 9 February 2023

· 9 March 2023

· 13 April 2023

· 11 May 2023

· 8 June 2023

· 22 June 2023 – adoption of Annual Plan/setting rates

His Worship the Mayor/O'Neill-Stevens Carried

Attachments

1 1982984479-5331 Joint Committee, Joint Shareholders Committee and CDEM Group Delegations

9. Elma Turner Library - Library Reopening Taskforce

Document number R27308, agenda pages 48 - 54 refer.

Group Manager Corporate Services, Nikki Harrison, took the report as read.

Resolved CL/2022/250

That the Council

1. Receives the report Elma Turner Library - Library Reopening Taskforce (R27308) and its attachment (1982984479-5255); and

2. Approves the establishment of an Elma Turner Library – Library Reopening Taskforce with the following membership which is to be made up of

· Mayor Nick Smith (Chair)

· Councillors Kahu Paki Paki, Tim Skinner and Aaron Stallard

To be supported by such staff as assigned by the Chief Executive to enable a return to full provision of library services for Nelson City Centre; and

3. Approves the Terms of Reference for the Library Reopening Taskforce (1982984479-5255).

Skinner/His Worship the Mayor Carried

10. Extreme Weather Event - August 2022

Document number R27296, agenda pages 55 - 67 refer.

Group Manager Infrastructure, Alec Louverdis, took the report as read and answered questions on the Maitai water main repair, noting it was operating as normal.

Resolved CL/2022/251

That the Council

1. Confirms a note of congratulations to Mr Louverdis, Council staff and contractors for the significant work achieved to reinstate the Maitai water pipeline.

His Worship the Mayor/Skinner Carried

Group Manager Corporate Services, Nikki Harrison, answered questions on the procurement policy and confirmed to date there had been no charge (and no work) for stormwater and flood protection past Gentle Annie.

Resolved CL/2022/252

That the Council

1. Receives the report Extreme Weather Event - August 2022 (R27296) and its attachments (1590798627-103 and 1982984479-5256); and

2. Approves retrospectively unbudgeted expenditure incurred to 30 September 2022 on the clean-up and remedial works following the August 2022 extreme weather event of $6.1M; and

3. Approves the establishment of a Storm Recovery Taskforce with the following membership

· Mayor Nick Smith (Chair)

· Councillors Matty Anderson and Trudie Brand

to be supported by staff as assigned by the Chief Executive to liaise on all matters relating to the August 2022 weather event; and

4. Approves the Terms of Reference for the Storm Recovery Taskforce (1982984479-5256), and

5. Notes that the recovery effort will continue with reporting to Council on a quarterly basis; and

6. Approves that expenses incurred to the end of June 2023 will be brought to the Council via Quarterly reports for retrospective approval; and

7. Approves changes to the Nelson City Council Procurement Policy, as detailed in Report R2729, for projects up to $2M; and

8. Notes the structure to address the ongoing issues relating to the extreme August 2022 weather event; and

9. Agrees that waivers on resource and building consent fees (other than the requirement for obtaining building consent for repairing wall linings to flooded properties), apply only to the end of the formal Civil Defence Transitional Recovery period; and

10. Notes that flood recovery assistance has been provided to the Kokorua rural residents as part of the August 2022 recovery event, and that Council consider as part of the 2023/24 Annual Plan that rates be charged to all rural properties for flood protection; and

11. Notes that in order to make the August 2022 recovery a priority and to attend to Business-As-Usual, additional resources and/or the use of consultants are likely to be required and/or projects may need to be deferred in the current financial year or as part of the upcoming 2023/24 Annual Plan.

Skinner/Sanson Carried

The meeting adjourned from 11.23a.m. until 11.33a.m.

11. Establishment of a Local Government Reform Taskforce

Document number R27324, agenda pages 68 - 73 refer.

Group Manager Strategy and Communication, Nicky McDonald took the report as read.

Resolved CL/2022/253

That the Council

1. Receives the report Establishment of a Local Government Reform Taskforce (R27324) and its attachment (789843239-48); and

2. Approves the establishment of a Local Government Reform Taskforce with the following membership

· Mayor Nick Smith (Chair)

· Deputy Mayor Rohan O’Neill-Stevens

· Councillors Matthew Benge, Trudie Brand, James Hodgson, and Aaron Stallard; and

3. Approves the Terms of Reference for the Local Government Reform Taskforce (789843239-48), and

4. Directs staff to prepare a submission, for approval by Council, on the proposals contained in the draft report of the Review into the Future of Local Government, taking into account guidance provided by the Local Government Reform Taskforce.

Sanson/Rollo Carried

12. Nelson Local Body Elections 2022 Professionally Conducted Random Poll

Document number R27316, agenda pages 74 - 84 refer.

His Worship the Mayor Smith advised he had a strongly held view that the voting system belongs to electors, not Elected Members, and following the substantive change to the 2022 local body election he supported a random poll being held to provide feedback.

Group Manager Strategy and Communications, Nicky McDonald, Manager Governance and Support Services, Devorah Nícuarta-Smith and Manager Strategy, Pip Jamieson took the report as read and answered questions on STV and the Māori Ward, confirming there could be no change for the 2025 election.

Following discussion the recommendation was amended to agree the Local Government Reform Taskforce would be responsible for confirming topics for the poll.

Resolved CL/2022/254

That the Council

1. Receives the report Nelson Local Body Elections 2022 Professionally Conducted Random Poll (R27316) and its attachment (839498445–13186); and

2. Approves the commissioning of a professionally conducted random poll on the Nelson 2022 Local Body Elections; and

3. Agrees that the Local Government Reform Taskforce be delegated responsibility for the topics of the polling questions

His Worship the Mayor/O'Neill-Stevens Carried

13. Annual Report 2021/22

Document number R27288, agenda pages 85 - 94 refer.

This item was removed from the Agenda as audit information had not been received from Audit NZ.

14. IRIS NextGen shared environmental data platform

Document number R27278, agenda pages 95 - 103 refer.

Group Manager Environmental Management, Dennis Bush-King, Chief Information Officer, Jane McLeod and Manager Science and Environment, Jo Martin took the report as read and answered questions on the quality of data and benefits of the new platform, costs, and cost recovery.

Resolved CL/2022/255

That the Council

1. Receives the report IRIS NextGen shared environmental data platform (R27278); and

2. Approves unbudgeted expenditure of $210,635 in 202/23 ($164,671 Capex and $45,964 Opex) to progress Council’s participation in the Iris NextGen shared environmental data platform.

Sanson/Courtney Carried

15. Uniquely Nelson Annual Report 2021/22

Document number R27188, agenda pages 104 - 134 refer.

Group Manager Strategy and Communications, Nicky McDonald, Uniquely Nelson Chairperson, Chris Butler, and Chief Executive, Simon Duffy, presented the report and answered questions on previous reporting on retail sales figures, vacant properties in the CBD and working collectively.

Resolved CL/2022/256

That the Council

1. Receives the report Uniquely Nelson Annual Report 2021/22 (R27188) and its attachments (839498445-7431 and 839498445-8307); and

2. Approves the Uniquely Nelson Annual Report as sufficient to provide Council with an overview of its activities during the 2021/22 year.

Skinner/Brand Carried

16. Exclusion of the Public

Resolved CL/2022/257

That the Council

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

Skinner/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	Mayor's 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)(g) To maintain legal professional privilege
2	Section 17A review - Venue maintenance, marketing and management	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Reappointment of Trustees to the City of Nelson Civic Trust	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

The meeting went into confidential session at 12.54a.m. and resumed in public session at 4.49p.m.

Karakia Whakamutanga

17. Restatements

It was resolved while the public was excluded:

1	CONFIDENTIAL: Mayor's Report - Confidential
	Agrees that Mayor's Report - Confidential (R27328), the decision and tabled documents (1982984479-5291 and 1982984479-5291) be released from Confidential.

2	CONFIDENTIAL: Section 17A review - Venue maintenance, marketing and management
	This item was deferred to the Council meeting on 24 November 2023.

3	CONFIDENTIAL: Reappointment of Trustees to the City of Nelson Civic Trust
	This item was deferred to the Council meeting on 24 November 2023.

There being no further business the meeting ended at 4.49 p.m.

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

Resolved

Nelson City Council Minutes - 24 November 2022

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 Thursday 24 November 2022, commencing at 9.01a.m.

Present: His Worship the Mayor Hon Dr N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, R O'Neill-Stevens (Deputy Mayor), P Rainey, K Paki Paki, C Rollo, R Sanson, T Skinner and A Stallard

Apology: Nil

Karakia and Mihi Timatanga

1. Apologies

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. Mayor's Report

Document number R27347, agenda pages 9 - 11 refer.

His Worship the Mayor Smith presented his report noting the appoint of a new Chief Executive is an important decision and set out the likely timelines for the appointment process.

He answered questions on the change in delegation for the Chief Executive Employment Committee to include the committee having the power to decide noting this allows the committee to move at pace, establishment of the interview panel, potential for iwi representation, and the committee membership.

In response to input from members, His Worship the Mayor Smith proposed an additional resolution to amend the Terms of Reference for all Elected Members to be consulted on the Interview Panel composition.

Resolved CL/2022/262

That the Council

1. Receives the report Mayor's Report (R27347) and its attachment (1974015928-882); and

2. Amends the proposed Terms of Reference for the Chief Executive Employment Committee adding the words to 1.1.2 “Approving the Chief Executive interview panel following consultation with all Elected Members on the interview panel (by email or informal meeting)”.

3. Adopts the Delegations and Terms of Reference for the Chief Executive Employment Committee (1974015928-882); and

His Worship the Mayor/Rainey Carried

6. Approval of the Annual Plan 2023/24 Taskforce Terms of Reference

Document number R27348, agenda pages 12 - 16 refer.

His Worship the Mayor Smith noted the Annual Plan was one of the most challenging and difficult pieces of work for Council and noted the additional pressures caused by increased interest rates. The Annual Plan work would feed into the rates decision on 1 July 2023.

Group Manager Strategy & Communications, Nicky McDonald, took the report as read, noting updated Terms of Reference (tabled 839498445-13383) for the taskforce with an amended purpose and role.

Resolved CL/2022/263
	*That the Council* *1. Receives the report Approval of the Annual Plan 2023/24 Taskforce Terms of Reference (R27348) and its attachment (839498445-13383); and* *2. Approves the Annual Plan 2023/24 Taskforce Terms of Reference (839498445-13383).*
Courtney/Paki Paki Carried
Attachments 1 839498445-13383 Annual Plan 2023-24 Taskforce - Terms of Reference

7. Annual Report 2021/22

Document number R27343, agenda pages 17 - 25 refer.

Group Manager Strategy & Communications, Nicky McDonald, tabled the Independent Auditor’s Report, Financial Updates and the updated Annual Report (1986768459-2723, 1986768459-2720 & 839498445-13184)

Audit Director, John Mackey, advised the tabled Independent Auditor’s Report was a unqualified audit report and noted the potential impacts of the 3 Waters reform on Council assets worth hundreds of millions of dollars, the need for the periodic revaluation of the land under Council’s infrastructure assets, the variation in accounting practices for Council’s investments in subsidiaries and associates, the way Greenhouse Gas emissions were accounted for and the change in drinking standards process.

Mr Mackey, Ms McDonald and Group Manager Corporate Services, Nikki Harrison, answered questions on the process and frequency of infrastructure assets land revaluations, when and how performance measures are set, challenges for 2022/23 year in the audit space, monitoring and reporting on climate change and the potential use of the rates surplus of $1.5 million as part of the annual plan.

Resolved CL/2022/264
	*That the Council* *1. Receives the report Annual Report 2021/22 (R27288) and its attachment (839498445-13184); and* *2. Adopts the updated Annual Report for the year ended 30 June 2022 in accordance with S98 of the Local Government Act 2002; and* *3. Receives the Audit New Zealand Opinion as tabled; and* *4. Delegates the Mayor and Chief Executive authority to approve minor editorial changes to the Annual Report 2021/22 (83948445-13184), as necessary.*
Courtney/O'Neill-Stevens Carried
Attachments 1 1986768459-2723 Independent Auditor's Report 2 1986768459-2720 Annual Report Updates 3 839498445-13184 Annual Report 2021-22

The meeting was adjourned from 9.58a.m. until 10.06a.m.

8. Elma Turner Library Seismic Strengthening Additional Capital Funding Request

Document number R27255, agenda pages 26 - 35 refer.

Project Manager, Lucy Clarke, provided a precis of the report noting it was seeking unbudgeted capital of $1.4 million for the strengthening of the library. Ms Clarke answered questions on the likelihood of being able to deliver the project in budget and if further funds would be requested, the reopening timeframes and the phasing schedule.

Manager Libraries, Sarina Barron, answered a question on the impacts of phasing on library staff’s ability to deliver services.

Resolved CL/2022/265

That the Council

1. Receives the report Elma Turner Library Seismic Strengthening Additional Capital Funding Request (R27255) and its attachment (606908324-46431); and

2. Approves that structural strengthening of the Elma Turner Library be completed to 34% New Building Standard (Importance Level 2) with construction to commence once the building consent has been issued; and

3. Approves that ceiling bracing of the Elma Turner Library be completed to 67% New Building Standard (Importance Level 2) for phases 1 and 2a; and

4. Approves that ceiling bracing of the Elma Turner Library will be completed to 67% New Building Standard (Importance Level 2) for phases 2b and 2c with construction to start in early 2023 once building consent has been issued; and

5. Notes that work on the Elma Turner Library will be carried out in phases to allow for an extended pop-up library as soon as possible; and

6. Approves the allocation of unbudgeted capital funding of $1.4M in 2022/23 for the Elma Turner Library seismic strengthening of structure, ceilings, and partitions.

Skinner/Hodgson Carried

9. Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade

Document number R27286, agenda pages 36 - 64 refer.

Team Leader Transport Operations, Matt Bruce, introduced the report and provided a brief overview of the road closure process and noting there are three classifications of closure - emergency, maintenance and event. These closures are related to events.

Contracts Supervisor – Roading, Gillian Dancey, noted no changes or updates to the report. In response to feedback from the community the Santa Parade closure had been amended.

Resolved CL/2022/266

That Council:

1. Receives the report Road Closures for Buskers Festival 2023, Bay Dreams South 2023 & UB40, Sanitarium Weet-Bix Kids TRYathlon, Christmas Carols, New Years Eve Event and the Santa Parade (R27286) and its attachments (340448201-4324, 1355221503-1539, 340448201-4355, 1355221503-1522, 340448201-4350, 1355221503-656, 340448201-4380, 1355221503-5161, 340448201-4379, 1355221503-5338, 340448201-4426 and 1355221503-5369); and

2. Approves the temporary road closure as per report R27286 Section 4 and its attachment (340448201-4324) for the Buskers Festival 2023 from 21 January to 22 January 2023; and

3. Approves the temporary road closure as per report R27286 Section 5 and its attachment (340448201-4355) for Bay Dreams South 2023 & UB40 from 3 January to 7 January 2023, and the contingency dates stipulated in the report (R27286); and

4. Approves the temporary road closure as per report R27286 Section 6 and its attachment (340448201-4350) for the Sanitarium Weet-Bix Kids TRYathlon on 12 March 2023; and

5. Approves the temporary road closure as per report R27286 Section 7 and its attachment (340448201-4380) for the Christmas Carols on 24 December 2022; and

6. Approves the temporary road closure as per report R27286 Section 8 and its attachment (340448201-4379) for the New Years Eve Event and Road Closures 2023 from 31 December 2022 to 1 January 2023; and

7. Approves the temporary road closure as per report R27286 Section 9 and its attachment (340448201-4426) for the Santa Parade on 4 December 2022, and the contingency date stipulated in the report.

Sanson/O'Neill-Stevens Carried

10. Temporary Liquor Ban Tahunanui Reserve

Document number R27337, agenda pages 65 - 70 refer.

Team Leader Events, Axel de Maupeou, introduced Project Manager Major Events, Stu Dalton. Mr Dalton took the report as read.

Resolved CL/2022/267

That the Council

1. Receives the report December Meeting - Temporary Liquor Ban Tahunanui Reserve (R27334); and

2. Agrees to impose a temporary ban on the consumption and possession of alcohol at Tahunanui Reserve on 5 February 2023 between the hours of 7:00am and 9:00pm, pursuant to clause 6.15 of the Amended (No 225) Urban Environments Bylaw 2022.

Sanson/Rollo Carried

11. Exclusion of the Public

Resolved CL/2022/268

That the Council

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

Skinner/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	Section 17A review - Venue maintenance, marketing and management	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	Reappointment of Trustees to the City of Nelson Civic Trust	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person
3	Mayors Report - Interim Chief Executive appointment	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person

The meeting went into confidential session at 10.42a.m. and resumed in public session at 12.21p.m.

Karakia Whakamutanga

12. Restatements

It was resolved while the public was excluded:

Reappointment of Trustees to the City of Nelson Civic Trust

3. Agrees that the decision only be made publicly available once the trustees have been advised, and that the decision will then be made available at

http://www.nelson.govt.nz/council/council-structure/council-organisations-2/city-of-nelson-civic-trust/civic-trust-trustees/.

3	Mayors Report - Interim Chief Executive appointment
	6. Agrees that the Report (R27341) and its attachment remain confidential at this time.

There being no further business the meeting ended at 12.21p.m.

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

Resolved

Item 6: Mayor's Report

Council

15 December 2022

REPORT R27371

Mayor's Report

1. Purpose of Report

1.1 To approve unbudgeted expenditure for the Mayoral Relief Fund.

1.2 To present the Members’ Remuneration and Expenses Policy for adoption by Council, prior to submission to the Remuneration Authority (the Authority) for review.

1.3 To allow for submission to the Environment Select Committee over the New Year closedown period.

1.4 To provide an update on other activities.

2. Recommendation

That the Council

1. Receives the report Mayor's Report (R27371) and its attachments (839498445-13400, 1118544611-6991 and 1118544611-6993); and

2. Approves unbudgeted expenditure of $50,000 in the 2022/23 financial year for a Council contribution to the Mayoral Relief Fund to provide financial assistance for impacted residents; and

3. Approves the updated Members’ Reimbursement and Expenses Policy (Attachment 1 839498445-13400); and

4. Notes that officers will provide the updated Members’ Reimbursement and Expenses Policy to the Remuneration Authority for review against their guidance; and

5. Notes the appointment of Gail Collingwood as Sister Cities Coordinator for a period of three years finishing in October 2025; and

3. Discussion

Mayoral Relief Fund

3.1 Despite generous community donations, the Mayoral Relief fund set up after the August weather event closed on 30 November with around $250,000 worth of outstanding applications.

Funds raised: $739,000

Funds allocated: $704,632

Funds remaining: $ 34,366

3.2 Money has been allocated across three funds

3.2.1 Small Rural Fund

3.2.2 Mayoral Relief Fund

3.2.3 SH6 closure Fund

3.3 A joint letter from myself and Mayor Tim King was sent to Emergency Management Minister McAnulty (attached 1118544611-6991) asking for a further $100,000 of assistance but this has been declined (attached 1118544611-6993). Our public request for additional donations has not closed the funding gap.

3.4 The Government has contributed $390,000 to the recovery and Minister McAnulty’s letter makes it clear there will not be further financial help.

3.5 Our communities have been heavily impacted and have been left with hefty financial burdens. Many of our residents are still unable to occupy or in some cases even access their homes. Of those who are fortunate to remain or reoccupy their homes, many have major works to be done to sure up their properties that were destroyed by either the flooding or landslips that occurred due to the record rainfall experienced.

3.6 Many residents are now facing financial difficulties due to burdening costs of reinstating their land, including fencing for stock control, roading and access to properties, water tanks to name a few. The applications are for damage outside of insurance and EQC criteria.

3.7 The losses experienced by many of the applicants have been substantial and the grants provided have been in the order of $5,000-$10,000. As per the Mayoral Relief Fund Policy the grants are to provide assistance only, not recompense for losses.

3.8 The Panel consider they have been fair and diligent in processing and assessing applications for the funds. Satisfying the Government’s requirement to distribute funds as quickly as possible has given much needed funding to many residents, enabling them to recover sooner than if grants were distributed post closing date. The down-side of this approach is that the Panel could not anticipate or foresee the number and value of applications to be received, prior to closing date.

3.9 I am worried at the inequity of applicants being disadvantaged because their application was lodged later. Often people will not know immediately after the emergency as to their costs and what their insurer or EQC will cover. Assurances were given that applicants would not be disadvantaged by lodging their applications late when they had more information on their costs and cover.

3.10 The vast majority of grants have been made at a significantly lower level than requested. The ideal outcome would be for later applicants to receive a similar proportion to those granted at the beginning.

3.11 Currently eighteen MRF applications are yet to be considered by the Panel and a further fourteen applications are to be reviewed following the 23 November meeting when token amounts of $1000 were approved, pending review.

3.12 The provision of $50,000 from ratepayers funds would give sufficient capacity for some support to be given to all eligible applicants. It would enable a reasonable level of equality of applicants regardless of when they applied. If the Council approves this funding the Mayoral Relief Fund would be able to approve complying applicants by Christmas and wrap up the fund. My concern is that if no further funding is provided we will need to decline the bulk of remaining applicants.

3.13 It should be noted that this contribution from ratepayers is not intended as a precedent but it is a pragmatic response to the exceptional circumstances from the worst civil defence emergency in Nelson in decades.

3.14 If the $50,000 funding is approved the overall MRF would be $789,000 made up of $390,000 from the government (50%), $349,000 of private donations (44%) and $50,000 from ratepayers (6%).

Reimbursement and Expenses Policy

3.15 Council is required by the Remuneration Authority to have a Reimbursement and Expenses Policy, guiding the application of allowances under the Local Government Members’ Determination provided by the Authority, and associated matters.

3.16 Following adoption by Council, the Policy is provided to the Authority to review the Policy and ensure it complies with the Determination.

3.17 The Remuneration Authority is the independent body set up by Parliament to determine the remuneration of key office holders such as judges, members of parliament, local government representatives, some individual office holders and board members of independent statutory bodies.

3.18 Allowances are at the discretion of individual councils within the limits set by the Remuneration Authority. Allowances include:

3.18.1 Vehicle Mileage Allowance

3.18.2 Travel Time Allowance

3.18.3 Communications Allowance

3.18.4 Childcare Allowance

The Remuneration Authority’s Determination for 2022/23 can be found here: https://www.legislation.govt.nz/regulation/public/2022/0178/latest/LMS702449.html

3.19 Council approved allowances for elected members must be included in the Council’s Members’ Reimbursement and Expenses Policy and published on its website.

3.20 Councils do not need the Authority's agreement for changes to their Policy as long as the Policy remains within the limits of the current remuneration and allowances determination. However, the Policy is submitted to the Authority for review to ensure that these limits have been adhered to.

3.21 In 2016 the Remuneration Authority indicated that the Policy should align with the guidelines from the Office of the Auditor General regarding controlling sensitive expenditure. These guidelines can be found here: https://oag.parliament.nz/2020/sensitive-expenditure/index.htm .

Proposed changes

3.22 The primary updates to the Policy are as follows:

3.22.1 Clauses 4.3 and 4.4: That kilometre reimbursement only be applicable where a low or zero emissions vehicle has been used for the business travel.

3.22.2 This change to the Policy is proposed to be more consistent with the Council’s Climate Change Policies.

3.22.3 One of the largest areas of emissions for Nelson and New Zealand is transport of private vehicles. There is the opportunity today with full electric and hybrid vehicles to significantly reduce these emissions. These vehicles are not practical for some Councils that cover very large geographical areas with few charging stations but in Nelson’s case, all necessary Elected Member travel should be possible with a clean car.

3.22.4 The proposal is to limit the claims of mileage to clean vehicles using the government definition for rebates introduced on 1 April 2023 of less than 146 Co2 grams per kilometre. The proposal is for the change to take effect on 1 April 2023 to not disadvantage any member on claims made prior to the change of Policy and to enable time should members need to upgrade to a clean car. The Policy change also gives the option for Elected Members to use the Council vehicle pool for Council business if they do not have a clean vehicle, they can access one.

3.22.5 Clauses 6.1 to 6.6 reflect that members may now opt to have a laptop provided by Council.

3.22.6 Clause 9.2 reflects that there can be perception risk for a member and for Council from attending Council-funded training during a pre-election period.

3.22.7 Clauses 9.23 to 9.25 reflect that there may be opportunity for a member to book a low/zero emissions pool car for longer road travel, or to be reimbursed for car share arrangements within the limitations of the current Determination.

3.22.8 Clauses 11.1 to 11.4 provide some clarification in relation to provision of mayoral vehicles.

3.23 Other minor updates have been made for clarity and consistency within the Policy.

Options

3.24 Council may choose to adopt the Policy or amend the Policy so long as the Policy remains within the limits of the current remuneration and allowances determination.

4. Sister City Coordinator

4.1 Gail Collingwood was originally appointed as Sister Cities Coordinator by Council resolution on 12 December 2013 and has been appointed as to this position in subsequent trienniums.

4.2 Following a discussion with Gail regarding being reappointed as Coordinator, she has offered to continue in this role.

4.3 Gail Collingwood has a wealth of experience and an in-depth knowledge of Sister City activities and the Sister Cities Coordinating Group support this appointment.

4.4 There is a small annual fee paid for this role ($550) and it is expected that Nelson City Council will meet the costs associated with the Coordinator attending the Sister Cities New Zealand conference.

5. Natural and Built Environment Bill and Spatial Planning Bill

5.1 These two Bills were introduced to Parliament on 13 November and submissions are required to be lodged by 30 January 2023. This legislation seeks to repeal the Resource Management Act and will have a significant impact on Council. Given the Council meeting cycle, I propose that the Local Government Reform Task Force be delegated to authorise the lodging of a submission on behalf of the Council, with a copy circulated to all elected members. Staff will be briefing the Taskforce on the legislation on 21 December if other members wish to be present.

6. Mayoral Discretionary Fund

6.1 The Mayor’s office provided donation of $500 from the Mayoral Discretionary Fund as a contribution towards the costs associated with Waimea College’s year 12 students taking part in the National Lion Foundation Young Enterprise Scheme (YES), in Wellington on 6 September 2022.

7. Climatorium

7.1 Wakatū Incorporation is progressing the design of the concept of the Climatorium, to determine key design elements such as the outcomes it is seeking to achieve, the structure of the organisation and types of projects the Climatorium might run.

7.2 A working group has been established consisting of thought leaders and representatives from different organisations to assist with the development of the concept. Council’s Climate Change Manager, Rachel Pemberton, is on the working group. The final working group meeting is on 9 December.

Author: Hon Dr Nick Smith, Mayor

Attachments

Attachment 1: 839498445-13400 DRAFT - 2022 November - Nelson City Council Elected Members Reimbursement and Expenses Policy ⇩

Attachment 2: 1118544611-6991 Letter from Mayors NCC and TDC to Minister McAnulty 15Nov2022 ⇩

Attachment 3: 1118544611-6993 Response Letter - Minister McAnulty ⇩

Important considerations for decision making

Fit with Purpose of Local Government

Council-approved allowances for elected members, in line with the current Determination of the Remuneration Authority, must be included in the Council’s Members’ Reimbursement and Expenses Policy and published on its website.

Consistency with Community Outcomes and Council Policy

The matters in this report best align with the following Community Outcome:

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

Risk

A Reimbursement and Expenses Policy supports transparency and supports the reduction of risk in relation to sensitive expenditure through setting clear expectations and process.

Financial impact

Budget is already provided for allowances; this Policy is a procedural matter required by the Remuneration Authority, outlining what allowances available under the Remuneration Authority Local Members’ Determination will be adopted by Council, along with guidance on expectations for sensitive expenditure and processes to follow in relation to allowances.

Degree of significance and level of engagement

This matter is of low significance because the remuneration and maximum allowances available to members are set by the Remuneration Authority through its annual Determinations. The draft Policy is a procedural matter and community engagement will not be undertaken.

Climate Impact

There is no direct climate impact from the matters in this report.

Inclusion of Māori in the decision making process

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

Delegations

This is a matter for Council.

Item 8: Nelson Regional Development Agency Annual Report 2021-22

Council

15 December 2022

REPORT R27281

Nelson Regional Development Agency Annual Report 2021-22

1. Purpose of Report

1.1 To receive an update from the Nelson Regional Development Agency (NRDA) on key strategic priorities for 2022-23.

1.2 To approve the NRDA Annual Report 2021-22.

2. Summary

2.1 Each year the NRDA is to report to Council on the achievements of the performance measures as outlined in the Statement of Intent. In 2021 Council approved that the NRDA move from an annual Statement of Intent process to a three yearly one. The Statement of Intent 2021-24 sets out the expectations across the three-year period and includes annual performance measures.

2.2 This Annual Report provides Council with an update on delivery against the Statement of Intent during 2021-22.

2.3 As the NRDA strategic direction aligns with the Statement of Intent 2021-24 (which includes the annual performance measures for 2022-23), staff recommend not preparing a new letter of expectation for the coming year.

2.4 The NRDA Chair Meg Matthews, Chief Executive Fiona Wilson, Board member Dave Johnson, and a member of the NRDA Leadership Team will be in attendance to present their Annual Report 2021-2022.

3. Recommendation

That the Council

1. Receives the report Nelson Regional Development Agency Annual Report 2021-22 (R27281) and the attachment (839498445-7425); and

2. Approves the Nelson Regional Development Agency Annual Report as sufficient to provide Council with an overview of activities during the 2021-22 year; and

3. Notes that a letter of expectation for the Nelson Regional Development Agency for 2022-23 is not required.

4. Background

4.1 The Nelson Regional Development Agency (NRDA) is a Council Controlled Organisation established 1 July 2016 and is 100% owned by the Nelson City Council with funding contributions from Tasman District Council.

4.2 NRDA’s mission is to unlock the economic potential of Nelson Tasman to enable people and places to thrive. A board of Council-appointed independent directors guides the strategic direction of NRDA and monitors business activities.

4.3 Council has a three-year Statement of Intent with NRDA, and 2021-22 is the first full year under the new three-year approach.

4.4 The NRDA in the past reported six-monthly to the Joint Committee of Nelson City and Tasman District Councils. It was agreed that it would be better for separate discussions to happen with each Council, and this is the arrangement now in place.

4.5 Key performance measures are outlined within the Statement of Intent, with four strategic priority areas:

4.5.1 Economic Strategy and Innovation - Leading strategic economic development.

4.5.2 Industry Sector Resilience - Supporting industry transformation.

4.5.3 Investment Attraction and Promotion - Shaping and amplifying the profile, destination story and investment proposition.

4.5.4 Business and Workforce Development - Supporting businesses and people to upskill, innovate and grow.

4.6 The NRDA work program has thirteen focus areas, with accompanying performance measures, built on partnering with public and private sectors. The focus areas are:

4.6.1 Strategic economic development

4.6.2 Te Tauihu Māori economy

4.6.3 Economic intelligence

4.6.4 Sector transitions and growth

4.6.5 Tourism sector regeneration

4.6.6 Regional identity and proposition

4.6.7 Investment attraction

4.6.8 Destination profiling

4.6.9 Strategic events

4.6.10 Business support

4.6.11 Workforce and skills development

4.6.12 Business innovation

4.6.13 Organisation management and performance

4.7 There are 44 performance measures and each year NRDA reports achievement and progress against these in its Annual Report. Thirty three of the forty-four performance measures have been met with an achieved rate of over 75%. Impacts from COVID, staff changes, and illness have meant that eleven performance measures were not able to be achieved.

4.8 The key strategic priority areas and performance measures remain relevant for the 2022-23 period and therefore a new letter of expectation for this period is not required.

5. Options

5.1 Council can approve the NRDA’s Annual Report 2021-22 and this will indicate Council considers the report provides sufficient insight to the activities and achievements of the organisation over the period. Alternatively, Council can decide not to approve it and ask for changes or more information, but this will require extra resource from the NRDA, and for the revised report to come to a future Council meeting. Staff recommend approving the Annual Report.

6. Conclusion

6.1 The NRDA Annual Report 2021-22 (attached) provides information for Council to assess how it has performed against key measures for the 2021-22 year.

7. Next Steps

7.1 Following Council’s decision staff will continue to liaise with NRDA in delivery of its 2022-23 work program.

Author: Pip Jamieson, Manager Strategy

Attachments

Attachment 1: 839498445-7425 Nelson Regional Development Agency Annual Report 2021-22 (Circulated separately) ⇨

Important considerations for decision making

Fit with Purpose of Local Government

Supporting the region’s economic development promotes the social and economic wellbeing of the community.

Consistency with Community Outcomes and Council Policy

Approving the NRDA Annual Plan 2021-22 contributes to the following community outcome:

Our region is supported by an innovative and sustainable economy.

Risk

There is minimal risk in approving the NRDA Annual Plan 2021-22 as all the performance measures have been reported on with 33 of the 44 being achieved with at least a 75% achievement rate.

Financial impact

Funding for the three year Statement of Intent period Council has with NRDA, has been budgeted in the Long-Term Plan 2021/31.

Degree of significance and level of engagement

This matter is of low significance as it is procedural, reporting on work already undertaken, and therefore no engagement with the public is required.

Climate Impact

There is no impact on climate change of adopting the Annual Report.

Inclusion of Māori in the decision making process

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

Delegations

Council has all responsibilities, powers, functions and duties in relation to governance matters for the following items:

· Nelson Regional Development Agency

Item 9: Development Contributions Waiver Kaikaiāwaro Charitable Trust

Council

15 December 2022

REPORT R27317

Development Contributions Waiver Kaikaiāwaro Charitable Trust

1. Purpose of Report

1.1 To approve a development contributions waiver for whānau housing to be developed by at 104 Nayland Road. The site is owned by Kaikaiāwaro Charitable Trust, the not-for-profit charitable arm of Te Rūnanga o Ngāti Kuia Trust which will be making the application for building and resource consents. The homes will be owned by Ngāti Kuia as part of their strategy to provide affordable rental homes for their whanau.

1.2 The development to be undertaken by Kaikaiāwaro Charitable Trust does not meet the exemptions in the 2021 Development Contributions Policy despite it being whanau social housing.

1.3 Officers are not delegated to approve exemptions other than those listed in the policy and any application for a waiver must be considered by the Council.

2. Recommendation

That the Council

1. Receives the report Development Contributions Waiver Kaikaiāwaro Charitable Trust (R27317); and

(a) The decision to waive the development contribution would be inconsistent with the NCC Development Contributions Policy 2021; and

(c) That there is no intention to amend the Policy to accommodate the decision at this time, however the Policy will be reviewed as part of the 2023 LTP process; and

3. Background

3.1 The Local Government Act 2002 (LGA) enables Council to recover from development a “fair, equitable, and proportionate portion of the capital cost necessary to service growth over the long term”. The key legislative principles of development contributions (DCs) are:

· Causality: where development effect requires increased capacity or new asset.

· Proportionality: DCs proportionate to asset life; i.e. no over-recovery.

· Benefit allocation: Costs allocated to all those who benefit from the assets.

· Transparency: Council must provide information about what and how DCs are used.

· Targeted: $ are spent in the area and/or activity they were collected for.

· Efficiency: consider practicality and administrative efficiency.

3.2 The 2021 Development Contributions Policy contains exemptions for developments relevant to consideration of this report for:

Social Housing Developments

3.2.1 Council will not require DCs to be paid in respect of social housing developments undertaken by a Community Housing Provider that is registered with the Community Housing Regulatory Authority or any other partnership where Council has entered into an agreement to provide social housing.

Development undertaken at Whakatu Marae

3.2.2 Council will not require DCs to be paid in respect of development undertaken in the sites labelled WM1 in the NRMP planning maps (Map 7) and detailed further in Chapter 11 (Oss.7) of the NRMP.

3.3 The development to be undertaken by Kaikaiāwaro Charitable Trust does not meet the exemptions in the policy despite it being social housing for whanau.

3.4 Officers are not delegated to approve exemptions other than those listed in the policy and any application for a waiver must be considered by the Council.

3.5 The Policy states that in exceptional circumstances, Council may grant an exemption from the requirement to pay DCs at its absolute discretion having regard to:

3.5.1 Whether the development is for a not for profit entity; and

3.5.2 Any unique contribution that the development makes towards Nelson City Community Outcomes; and

3.5.3 Consistency with the general application of the 2021 Policy.

3.6 Kaikaiāwaro Charitable Trust propose to develop five three bedroom dwellings at 104 Nayland Road. The intention is that they will partner with a local Community Housing Provider (CHP) to manage whānau tenants and provide umbrella services. It is proposed that residents will be selected using the Ministry for Social Development (MSD) public housing register to identify iwi members at greatest need.

3.7 Kaikaiāwaro Charitable Trust are supported in undertaking this development by a planning development group which includes representatives from Kāinga Ora, the Ministry of Housing and Urban Development (HUD) and Te Puni Kokiri (TPK).

4. Discussion

4.1 The site at 104 Nayland Road is currently vacant residentially zoned land of 3506m² located on Nayland Road adjoining Whakatū Drive. The site was previously subject to a designation by NZTA for State Highway purposes. In 2016 NZTA applied to Council to remove the designation off this parcel of land as it was no longer required for State Highway purposes. The site was purchased from the Crown by Ngāti Kuia as a deferred Treaty Settlement property.

4.2 Iwi trusts, such as Kaikaiāwaro Charitable Trust, are not listed in the 2021 Development Contributions Policy as being eligible for a DC exemption, only social housing undertaken by CHP’s is, and housing undertaken at Wakatū Marae.

4.3 Development Contributions payable on the proposed development are estimated at $84,594.00 (inc GST). If the Council decides to give an exemption to Kaikaiāwaro Charitable Trust those funds still need to be recouped to pay the growth portion of projects listed in the Long-Term Plan. The exemption amount will be collected via other developers over the one catchment approach of the DC Policy spread over ten years, following an adjustment of calculations at the next LTP. The financial effect of this to individual developers across the city is insignificant, however the more waivers/exemptions the Council approves over the 10 year LTP funding period, the greater the financial significance of under collecting DC’s on future developers.

4.4 The following exceptional circumstances apply to this request for a waiver of DCs:

4.4.1 The development is being undertaken by a not-for-profit entity; and

4.4.2 The development is to provide social housing; and

4.4.3 The development will provide a unique contribution to the community outcomes by providing five warm, dry and affordable rentals to Ngāti Kuia members on the MSD public Housing Register. Whakatū does not have a lot of iwi owned housing for whanau and the entry of iwi (and any additional providers) into the social housing space in Nelson assists with addressing the housing crisis. An exemption of DCs is one of the few tools that the Council has to use to encourage social and affordable housing.

4.5 If a decision were made to waive the payment of development contributions in this case, section 80 of the Local Government Act 2002 would potentially be engaged. This is because such a decision would potentially amount to a decision of a local authority that is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy adopted by the local authority. When section 80 is engaged, the local authority must, when making the decision, clearly identify:

4.5.1 The decision to waive DCs would be inconsistent with the policy as outlined above; and

4.5.2 Council would need to identify the specific reasons why it decides to grant the waiver notwithstanding the inconsistency; and

4.5.3 There would be no intention to amend the policy to accommodate the decision at this time, although as identified above the DC Policy will be reviewed as part of the 2023 LTP process where consideration can be given to exemptions for social housing development undertaken by Iwi Trusts.

5. Options

5.1 There are two options for Council to consider:

(i) Decline the request for a waiver of the DC for Kaikaiāwaro Charitable Trust; or

(ii) Approve the request for a waiver of the DC for Kaikaiāwaro Charitable Trust.

5.2 The risks, disadvantages and advantages of each of these options is outlined below.

5.3 Officers consider that Option 2 is the best option as it further supports those in the social housing space irrelevant of the supplier and will ultimately help assist address the housing crisis in Nelson. It is also recommended that the next time the policy is reviewed, exemptions for social housing provided by iwi trusts are included in the draft.

Option 1: Decline the request for a waiver of the DC for Kaikaiāwaro Charitable Trust
Advantages	· The cost of growth-related infrastructure is funded by the developments that create the demand. · Reduced financial burden on other developers. · Statutorily robust with no risk of appeal because the LGA only provides for objections to be heard by DC Commissioners where a policy has been incorrectly applied. The DC Policy has been correctly applied.
Risks and Disadvantages	· Kaikaiāwaro Charitable Trust is not financially able to afford the development contributions or payment takes away the ability to fund further social housing. · Creates a fairness and equity issue with other social housing providers (CHPs) who are eligible for an exemption.
Option 2: Approve the request for a waiver of the DC for Kaikaiāwaro Charitable Trust
Advantages	· Supports social housing provided by a new provider, an iwi trust. · Is consistent with the exemptions Council provides to other providers of social housing (CHPs). · Contributes to five warm, dry, affordable homes in Whakatū in the midst of a housing crisis. · Is able to demonstrate that a set of unique exceptional circumstances apply to the development, thereby avoiding any precedent effects of others seeking exemptions or waivers for market developments.
Risks and Disadvantages	· Creates a risk of legal challenge, for example by parties whose applications for exemptions have been or in the future are declined (in accordance with the Council Policy).

6. Conclusion

6.1 Officers have considered the request against the provisions of the Development Contributions Policy 2021 and the key legislative principles of development contributions in the Local Government Act and consider that the request should be approved.

Author: Lisa Gibellini, Strategic Housing Adviser

Attachments

Nil

Important considerations for decision making

Fit with Purpose of Local Government

The recommended option is consistent with the purpose of Local Government, in that it supports a not for profit iwi trust to provide five warm, dry and affordable homes for whanau thereby promoting the social, economic, environmental and cultural well-being of the community.

Consistency with Community Outcomes and Council Policy

The recommended option is able to demonstrate exceptional circumstances exist in order for Council to make a decision that is inconsistent with the 2021 DC Policy. A section 80 LGA declaration is provided for Council to acknowledge that the decision is inconsistent with the policy.

The recommended option is consistent with the Community Outcomes:

· Our communities are healthy, safe and resilient

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

Risk

There is a risk associated with the decision is if Option 2 to approve the waiver is selected including a risk of legal challenge by other parties (based on inconsistency and unfairness in application of its DC Policy) and an increase in applications for waivers and reductions. This risk has however been minimised by the applicant being able to demonstrate exceptional circumstances, as directed by the policy.

Financial impact

A decision to approve the waiver will result in an under collection of DC’s which will be passed onto future developers.

Degree of significance and level of engagement

This matter is of low significance because the DC Policy provides for an applicant to demonstrate exceptional circumstances exist for an exemption, and this policy was consulted on with the community via the special consultative procedure in 2021.

Climate Impact

There are no impacts or risk from or to climate change as a result of a decision on this matter.

Inclusion of Māori in the decision making process

Engagement with Ngāti Kuia has been undertaken in preparing this report in response to the request for a development contribution waiver.

Delegations

The relevant extract from the delegations register is in section 5.1.1 as follows:

Council retains all responsibilities, powers, functions and duties in relation to governance matters for the following items:

· Development Contributions and Financial Contributions

Item 10: Terms of Reference for the Community Housing Acceleration Taskforce

Council

15 December 2022

REPORT R27333

Terms of Reference for the Community Housing Acceleration Taskforce

1. Purpose of Report

1.1 To adopt the Terms of Reference for the Community Housing Acceleration Taskforce established on 10 November 2022.

2. Recommendation

That the Council

1. Receives the report Terms of Reference for the Community Housing Acceleration Taskforce (R27333) and its attachment (336940202-4193); and

2. Approves the Terms of Reference for the Community Housing Acceleration Taskforce (336940202-4193).

3. Background

3.1 Council divested its community housing (142 units) to Kāinga Ora with settlement in March 2021 which established a $12 million Housing Reserve. Consultation with the community on the establishment and proposed use of the Housing Reserve has spanned several years and defined the following scope.

“to work with partners who have the ability to deliver housing solutions for the community and support their efforts. This could include an investment of capital by Council into other social housing projects but would not include Council owning social housing or being a social housing landlord” (Annual Plan 2019/20).

“to work with and support partners who have the ability to deliver social and affordable housing solutions for the community” (Annual Plan 2020/21).

“Council sees the Reserve as a community asset for which it has a stewardship role” (LTP 2021-31).

3.2 Work will be progressing on the development of criteria for the Housing Reserve in 2022 did not progress due to limited staff resource. In the meantime, Phase One was proposed to Council in October 2021 as a means of addressing immediate housing needs before the criteria for the full fund is established. The proposal approved by Council was to use a portion of the Housing Reserve as grant funding for applications this year ahead of fully adopting the Housing Reserve objectives and criteria in 2022.

3.3 On 5 October 2021 Council resolved:

Resolved CL/2021/209

That the Council

2. Approves Phase One as set out in this report (R26236), including its proposed value of $2 million as grant funding; and

3. Notes Council may agree to approve funding to an aggregate total in excess of $2 million if applications that meet the specified objective and criteria are received; and

4. Approves the process, objectives, and outcomes for Phase One as set out in this report (R26236) (A2748972); and

5. Approves the evaluation criteria as set out in attachment one (A2748972), subject to the discussed amendments being made to the evaluation criteria; and

6. Approves in recognition of the housing crisis that Nelson is facing that officers recommendations on Phase One funding applications be brought directly to Council; and

7. Notes that officers will continue to investigate the use of the Housing Reserve and report on this to the Urban Development Subcommittee with final sign off by Council.

1.1 Following a public application process, Council approved $850,000 to Nelson Tasman Housing Trust and $1 million to Habitat for Humanity (Nelson) Ltd to provide enduring, affordable housing at specific identified sites.

3.4 On 25 August 2022 Council resolved:

Resolved CL/2022/179

That the Council

1. Receives the report Housing Reserve Phase 2 (R27160) and its attachment (Housing Reserve Phase One Criteria and Process Sep2021 A2748972);

2. Approves Housing Reserve Phase Two as set out in this Report (R27160) including its proposed value of $2 million as grant funding;

3. Notes that $2 million has been provided for Phase Two of the Housing Reserve in the 2022/23 Annual Plan.

4. Approves $1 million in funding to the Nelson Tasman Housing Trust from the Housing Reserve for the development of 76 Dodson Valley Road.

5. Approves $1 million in funding to Habitat for Humanity (Nelson) Ltd from the Housing Reserve for the development of 181 Rutherford Street.

6. Delegates the confirmation of the grant funding agreements to the Chief Executive.

3.5 To date (November 2022) Council has released grants of $3.85 million via a process established to prioritise addressing the housing crisis in Whakatū ahead of establishing a policy on the full reserve. The Housing Reserve remains open for applications from local community housing providers and iwi trusts following Council resolving on 22 September 2022:

Resolved CL/2022/200

That the Council

1. Reaffirms the Housing Reserve criteria (A2748972) for future grants from the Housing Reserve Fund; and

2. Agrees to leave open the time period for receiving applications for the Housing Reserve fund.

3.6 No applications for grants have been received since 22 September 2022.

3.7 Policy, process, criteria and use of the balance of the Housing Reserve is yet to be determined by Council as Phase One was intended as an initial release to address immediate housing needs. Phase Two was an extension of Phase One as lack of officer resource meant the full policy was unable to be developed in 2022.

4. Discussion

4.1 A Terms of Reference for the Community Housing Acceleration Taskforce has been developed to identify the role and powers of the this elected member group.

4.2 The proposed purpose of the taskforce is to make recommendations to Council on policy, criteria and process for the distribution of the Housing Reserve.

4.3 The proposed role of the taskforces is to:

4.3.1 Advise on how the Council can grow, as quickly as possible, the stock of community housing using the Housing Reserve with the goal to double the number of community housing houses from 50 to 100 by 2026; and

4.3.2 Consider options, and make recommendations to Council, for how the Housing Reserve can be used to leverage an increase in community housing in Whakatū to achieve the above goal; and

4.3.3 Consider criteria and process, and make recommendations to Council, which ensure the Housing Reserve is used in a fair and equitable manner and meets the requirements of section 101 of the Local Government Act 2002 for prudent financial management that promotes the current and future interests of the community; and

4.3.4 Provide recommendations to Council, as appropriate, on expenditure and applications for grants from the Housing Reserve.

4.3.5 Provide governance oversight and direction on strategic housing opportunities, including providing recommendations to Council on how to progress specific projects; and

4.3.6 Recommend a reporting framework to Council for monitoring progress in meeting the community housing goal.

5. Options

5.1 The Community Housing Acceleration taskforce and its membership was established by the Mayor on 10 December 2022. Council has the option of adopting or amending the Terms of Reference attached to guide the activities of the taskforce.

Author: Lisa Gibellini, Strategic Housing Adviser

Attachments

Attachment 1: 336940202-4193 - Terms of Reference for the Community Housing Acceleration Taskforce ⇩

Important considerations for decision making

Fit with Purpose of Local Government

Adopting a terms of reference for the Community Housing Acceleration Taskforce will support the economic, environmental, cultural and social wellbeing of the community by identifying the role and purpose of this elected member group in relation to Hosing Reserve decision making.

Consistency with Community Outcomes and Council Policy

The recommendations in this report support the community outcome: Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

Risk

The recommendation to adopt the Terms of Reference for the Community Hosing Acceleration Taskforce is low risk as it will not have decision-making powers.

Financial impact

Costs associated with operating the taskforce will be met within existing budgets.

Degree of significance and level of engagement

This matter is of low significance because the terms of reference identifies that the Taskforce will not have decision-making powers. Therefore, no community engagement will be undertaken.

Climate Impact

There is no impact on climate change of adopting the Terms of Reference.

Inclusion of Māori in the decision making process

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

Delegations

This decision is a matter for full Council.

Item 12: Delegations Register 2022

Council

15 December 2022

REPORT R27344

Delegations Register 2022

1. Purpose of Report

1.1 To adopt the Delegations Register for the 2022-2025 triennium, and to approve or update the Terms of Reference underlying subordinate decision-making bodies.

2. Recommendation

That the Council

1. Receives the report Delegations Register 2022 (R27344) and its attachments (1974015928-915, 596364813-7363); and

2. Re-establishes the Regional Pest Management Joint Committee; and

3. Approves, subject to Tasman District Council approval, the Terms of Reference for the Regional Pest Management Joint Committee (596364813-7363); and

4. Adopts the Delegations Register 2022 (1974015928-915).

3. Background

3.1 The Council Delegations Register (Attachment 1 1974015928-915) sets out the areas of responsibility, functions, powers and duties that Council keeps for itself, or delegates to committees, sub-committees, subordinate decision-making bodies and the Chief Executive.

3.2 There is no legal requirement for Council to keep or adopt a Delegations Register, however it is considered best practice for the delegated responsibility of each committee, sub-committee and subordinate decision-making body to be captured in a Delegations Register and adopted by Council early in each triennium.

3.3 The committees and subordinate decision-making bodies established by Council at its inaugural meeting are unable to meet until Council has resolved the delegations in respect of each one.

4. Discussion

4.1 A full review of delegations has been undertaken and this report discusses proposed changes to the previously adopted Delegations Register.

Introductory Section

4.2 The introductory sections (sections 1 and 2) of the proposed Delegations Register are based on those from the Delegations Register of the 2019-22 triennium.

Delegations to the Chief Executive

4.3 The delegations from Council to the Chief Executive do not include any matters that Council may not delegate by law, any governance matters retained by Council or delegated by Council to committees, subcommittees or subordinate decision-making bodies, any expenditure not in accordance with the Long Term Plan or Annual Plan, or the awarding of any tenders over the level of the Chief Executive’s delegation. These limitations ensure that the Chief Executive’s delegated power can only be exercised in accordance with Council’s strategic goals and agreed planning documents.

4.4 Furthermore, the Chief Executive will be mindful of Council’s Significance and Engagement Policy and consider whether, in any particular situation, matters should be referred to the appropriate committee or Council for consideration and decision, rather than action taken under the Chief Executive’s delegated authority.

4.5 There are two proposed changes to the Chief Executive’s delegations.

4.5.1 It is proposed that, considering inflation and the need to move quickly in the current tenders environment, to increase the Chief Executive’s financial delegations to $3,000,000.

Establishment of Committees

4.6 Previously Council had established governing committees, which were ‘committees of the whole’ – that is, all elected members are members of every governing committee, as well as a number of single purpose committees.

4.7 His Worship the Mayor Dr Smith has at this stage established some single purpose committees and intends to review the governance structure in May/June 2023, with any changes effective from 1 July 2023. Council will retain all responsibilities, functions, powers and duties in relation to governance matters not delegated to the single purpose committees.

Re-establishing the Regional Pest Management Joint Committee

4.8 The Regional Pest Management Joint Committee with Tasman District Council is being re-established to consider changes to the Tasman-Nelson Regional Pest Management Plan (RPMP). Since the RPMP came into force on 1 July 2019, several amendments to improve it have been identified. These include considering aligning provisions for Sabella (Mediterranean fanworm) with those of Marlborough District Council for consistency across the top of the south; extending eradication control of boneseed into the Port Hills; and including controls for wilding conifers, purple pampas and emerging pest plants such a water celery, Vietnamese parsley, blue passionflower and moth plant.

4.9 The Tasman-Nelson Regional Pest Management Plan is available on Council’s website.

The Joint Committee will oversee the plan change process to make these improvements as provided for under the Biosecurity Act 1993. As the RPMP is a joint plan with Tasman District Council any plan changes will need to be approved by both councils. The Joint Committee will enable both councils to work on joint provisions together, providing consistent understanding of recommendations made for each council to consider.

Jointly Administered Committees and Working Parties

4.10 Nelson City Council and Tasman District Council have established a number of single purpose Committees. These are:

4.10.1 Joint Committee. Receiving six monthly presentations from Infrastructure Holdings has been included in Areas of Responsibility. Reporting from Nelson Regional Economic Development Agency has been removed as they report directly to Council.

4.10.2 Joint Shareholders Committee. A minor clarification to the clauses referring to responsibilities and decision making for this Committee. The term ‘and port companies’ has been included following reference to Council Controlled Organisations and Council Controlled Trading Organisations as the port company was established under the Port Companies Act 1988.

4.10.3 Civil Defence and Emergency Management Group

4.10.4 Nelson Tasman Regional Landfill Business Unit

4.10.5 Nelson Regional Sewerage Business Unit

4.10.6 Saxton Field Committee

4.10.7 Joint Regional Transport Committee

4.10.8 Regional Pest Management Joint Committee

4.11 In order for each Council to provide an equitable level of support the reference documents and procedures for each joint Committee enable either Council to provide administrative support and provide for support to be moved between the two councils as needs arise.

4.12 The two councils have increased their collaboration, recently established groups include:

4.12.1 The Terms of Reference for the newly established Joint Regional Transport Committee were adopted on 10 November 2022

4.12.2 Re-establishment of the Regional Pest Management Joint Committee is proposed in this report.

4.12.3 The Nelson Tasman Joint Waste Review Working Party was established at the end of the previous triennium.

4.13 Nelson City Council and Tasman District Council have also established several recent Working Parties:

4.13.1 Joint Regional Cemetery Working Group

4.13.2 Nelson Tasman Joint Waste Review Working Party

4.13.3 Waimea Inlet Coordination Group

Minor Amendments

4.14 Minor amendments have been made to other subordinate decision-making and operationally focused bodies in order to provide greater clarity.

4.15 One such change is changing the name of the Hearings Panel – Resource Management Act to the Resource Management Act Consenting Panel (Consenting Panel). This provides clarity of purpose and definition and reduces confusion with the Hearing Panel. The Hearing Panel generally considers applications relating to the Dog Control Act, temporary road closures and naming features while the Consenting Panel considers applications for consent and all other resource consenting matters.

5. Options

5.1 Council can choose to adopt the Delegations Register presented either in whole or in part, or to not adopt the Delegations Register as presented.

6. Next Steps

6.1 The Chief Executive may make minor changes to the Register, while substantive changes require Council resolution. The Delegations Register is available on Council’s website.

Author: Robyn Byrne, Team Leader Governance

Attachments

Attachment 1: 1974015928-915 DRAFT Delegations Register 2022 ⇩

Attachment 2: 596364813-7363 Terms of Reference for Regional Pest Management Joint Committee 2022 ⇩

Important considerations for decision making

Fit with Purpose of Local Government

Adoption of the proposed changes to the Delegations Register assists Council in enabling democratic decision-making as efficiently and effectively as possible.

Consistency with Community Outcomes and Council Policy

Adoption of the proposed changes to the Delegations Register assists Council to achieve its policy goals, by providing clear direction regarding how the decision and activities of Council are implemented and managed. This supports the Community Outcome: Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement.

Risk

There is no change to the risk level from the previous Delegations Register.

Financial impact

There are no direct budgetary consequences related to the decision to approve the Delegations Register.

Degree of significance and level of engagement

This matter is of low significance. It relates to the adoption of a procedural governance document detailing how the activities and decisions of Council are decided and implemented. Therefore, no public engagement is required.

Climate Impact

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

Inclusion of Māori in the decision making process

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

Delegations

Council retains full responsibility for the adoption of, and any subsequent amendments to, the Delegations Register.

Item 14: Rates remission for landowners affected by the August 2022 rainfall event - further report

Council

15 December 2022

REPORT R27378

Rates remission for landowners affected by the August 2022 rainfall event - further report

1. Purpose of Report

1.1 To approve increasing the level of rates remissions for properties which continue to be severely impacted by the August 2022 rainfall event.

2. Summary

2.1 A severe rainfall event hit Nelson in August 2022, which brought widespread flooding and slips to the region. At the 22 September 2022 Council meeting, staff recommended that the Rates Remission Policy for Land Affected by Natural Calamity be applied in response to the event.

2.2 Council agreed to the level of rates remission of $1,240 including GST per annum per household being the water, wastewater and stormwater and flood protection charges under the Rates Remission Policy for properties that were unable to be occupied as a result of the event for more than 30 days (on a pro-rata basis).

2.3 There continue to be households severely impacted by the rainfall event and still unable to occupy their houses overnight. Staff recommend extending the rates remission to include the Uniform Annual General Rate (UAGC) and general rate for properties unable to be inhabited as at 30 November 2022.

3. Recommendation

That the Council

1. Receives the report Rates remission for landowners affected by the August 2022 rainfall event - further report (R27378) and its attachments (1982984479-5324 and 839498445-7760); and

3. Agrees that the additional rates remission includes the Uniform Annual General charge (UAGC) and general rate and the rates remission is backdated to the initial event date; and

4. Delegates the Group Manager Corporate Services and the Group Manager Environmental Management to determine applications for rates remission.

4. Background

4.1 The previous report to the 22 September 2022 Council meeting is included as Attachment 1 with the Rates Remission Policy from the Long Term Plan 2021-31 included as Attachment 2.

5. Discussion

5.1 With the ongoing impacts of damage caused by the August 2022 extreme rainfall event, further consideration needs to be given to how Council can aid Nelson ratepayers/citizens who are most impacted. The Policy provides a mechanism for Council to consider, on a case-by-case basis, providing rates relief to ratepayers unable to inhabit their homes or buildings.

Level of rates remission for the August 2022 rainfall event

5.2 The timeframe for remission would typically commence from the date Council determines that the dwelling, buildings or land were made uninhabitable or unable to be used for the activity for which they were used prior to the calamity. The remission would either end on the date five years after the commencement date, or the date that the land or buildings were deemed by Council to be able to become inhabitable or available for use.

5.3 As at 25 November 2022 there are 25 red stickered properties and 82 yellow stickered properties. Occupiers of red stickered properties are unable to return to their properties. There will also be a number of yellow stickered properties which have conditions on their occupation that mean they too cannot be occupied overnight and therefore these should be considered too.

5.4 It is likely that insurance payouts for accommodation costs are running out. Also at the 22 September 2022 Council meeting it was recognised that there may be ratepayers struggling to pay their rates and they were directed to the Mayoral Relief Fund which has now been fully allocated.

5.5 There are a still members of our community that are in need of assistance and many have reached out to council asking for assistance and relief.

5.6 It is proposed that properties where the residents are still unable to stay overnight as at 30 November 2022 be eligible for additional rates remission backdated to the event date. This would be increased to include the Uniform Annual General rate and General Rate. Based on the average residential rates for the current year this is estimated to be $2,166 per annum per property (an additional cost to Council of $1,900 per annum per property excluding GST). This would be an annual cost of $47,500 (based on the average rates invoice) for red stickered properties and would increase by the number of yellow stickered properties that can’t be stayed in overnight.

5.7 Quotable Valuation (QV) will undertake a review of the impacted properties to understand if there is an adjustment required to the land and/or improvements value. Any adjustment to the valuations will take effect from 1 July 2023 for rating purposes. Once remediation occurs, QV will revisit the property to reassess the value.

Financial considerations

5.8 The Policy allows Council to provide rates relief during the rating year. As the rates remission would not have been budgeted for, it would have an impact on the current year financial position as it would not have formed part of the rates collected in that year ie 2022/23.

5.9 If the period of time that the dwelling, buildings or land were uninhabitable goes into the new rating year, the rates remission would be budgeted for and all other ratepayers would bear a share of the cost for providing this rates relief.

5.10 The level of remission provided by Council is dependent on the severity of the event but would also need to consider the impact on both the financial position of Council and the impact of the rates remission on other ratepayers.

Application of the Policy and delegations for determining the extent of remission

5.11 A ratepayer must provide a written application to Council within six months of the event, or within such further time as Council may allow, for a rates remission to be considered. All potentially eligible property owners will be notified of the process, and those who meet the criteria will be provided with an application form.

5.12 For those eligible red stickered ratepayers who have already completed an application form, the additional remission will be automatically applied. The yellow stickered properties will need to be worked through on a case by case basis. The navigators will assist in this work.

5.13 The extent of any remission shall be determined by Council or its delegated officer(s). The delegated officers, as stated in the Nelson City Council Delegations Register – Officer Delegations Manual, are the Group Manager Corporate Services and Group Manager Environmental Management.

6. Options

6.1 Two options are presented for consideration. Approve or not approve further rates remissions. Staff recommend Option 1.

Option 1: Council approves the additional rates remission for those properties unable to be used overnight as at 30 November 2022 (recommended)
Advantages	· Council will have a mechanism to provide ratepayers most affected by the August rainfall event with further rates relief. · Council will be taking action to support Nelson citizens most adversely affected by the rainfall event.
Risks and Disadvantages	· Unplanned expenditure in the current financial year.
Option 2: Council does not approve the additional rates remission for those properties unable to be used overnight as at 30 November 2022
Advantages	· No additional rates impact on the current year financial position from the decision at the 22 September 2022 Council meeting to grant relief from the targeted rates.
Risks and Disadvantages	· Nelson ratepayers most adversely affected by the rainfall event will not be provided with any further rates relief. · Council not seen to be supporting Nelson citizens most impacted by the rainfall event.

7. Next Steps

7.1 If Council approves the recommendations in this report, staff will prepare further communications to the impacted ratepayers.

Author: Nikki Harrison, Group Manager Corporate Services

Attachments

Attachment 1: 1982984479-5324 - Rates remission report August 2022 event - previous report to 22 September 2022 Council meeting ⇩

Attachment 2: 839498445-7760 - Rates Remission Policy ⇩

Important considerations for decision making

Fit with Purpose of Local Government

Enabling additional rates remission to severely impacted ratepayers following the severe rainfall event in Nelson will contribute to social and economic wellbeing. It provides a mechanism to support those most adversely affected by providing additional rates relief while they recover from the event.

Consistency with Community Outcomes and Council Policy

The recommendation supports the following Community Outcome “Our communities are healthy, safe, inclusive and resilient”.

Risk

There is a reputational risk if the recommendation is not passed that Council is seen as not being concerned at the impact of the event on the most impacted ratepayers.

Financial impact

Any rates remission would have an impact on the current year financial position as it did not form part of the rates collected in the year. The rates remission will be budgeted for 2023/24 and spread across all ratepayers.

Degree of significance and level of engagement

This matter is of high significance to those most adversely affected by the August 2022 rainfall event but of low significance to the wider community. For this reason, no engagement has been undertaken and the need to act with urgency also supports this.

Climate Impact

The recommendations in this report support the ability of ratepayers to recover from a severe weather event, which can be expected to occur more frequently due to climate change.

Inclusion of Māori in the decision making process

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

Delegations

This is a matter for Council.

Item 15: Policy Review: Appointment of Directors or Trustees of Council-Controlled Organisations, Council-Controlled Trading Organisations and Council Organisations

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Council

15 December 2022

REPORT R26898

Policy Review: Appointment of Directors or Trustees of Council-Controlled Organisations, Council-Controlled Trading Organisations and Council Organisations

1. Purpose of Report

1.1 To consider the updated Policy for the Appointment of Directors or Trustees of Council Controlled Organisations (CCOs), Council Controlled Trading Organisations (CCTOs) and Council Organisations (COs) (the Policy).

2. Recommendation

That the Council

2. Adopts the amended Policy for Appointment of Directors or Trustees of Council Controlled Organisations, Council Controlled Trading Organisations and Council Organisations.

3. Background

3.1 Under the Local Government Act 2002 (LGA 2002) (s57):

(1) A local authority must adopt a policy that sets out an objective and transparent process for —

(a) the identification and consideration of the skills, knowledge, and experience required of directors of a council organisation; and

(b) the appointment of directors to a council organisation; and

(c) the remuneration of directors of a council organisation.

(2) A local authority may appoint a person to be a director of a council organisation only if the person has, in the opinion of the local authority, the skills, knowledge, or experience to —

(a) guide the organisation, given the nature and scope of its activities; and

(b) contribute to the achievement of the objectives of the organisation.

(3) When identifying the skills, knowledge, and experience required of directors of a council-controlled organisation, the local authority must consider whether knowledge of tikanga Māori may be relevant to the governance of that council-controlled organisation.

3.2 This report deals with the requirements of sections 57(1), 57(2) and 57(3), but not section 57(3)(c) as Council has a separate policy for remuneration.

3.3 The Policy was last reviewed in 2018, prior to 2019 amendments to the LGA 2002, and is scheduled for review every three years.

4. Discussion

Definitions

4.1 The LGA 2002 (s6) sets out definitions for CCOs, CCTOs and COs. In brief, COs are any organisation where Council has the right to appoint one or more Directors or Trustees, CCOs are organisations where Council appoints 50% or more of the Directors or Trustees; and CCTOs are CCOs that operate a trading undertaking for the purpose of making a profit.

Scope

4.2 The Policy covers the following organisations:

4.2.1 Nelson Regional Development Agency Board (CCO);

4.2.2 The Bishop Suter Trust (The Suter Art Gallery Te Aratoi o Whakatū) (CCO);

4.2.3 Nelmac Ltd (CCTO);

4.2.4 Nelson Marina (CCO, to be established)

4.2.5 Nelson School of Music Trust Board (Nelson Centre of Musical Arts) (CO);

4.2.6 The Nelson Arts Festival Trust (CO)

4.2.7 Any other organisations that may come under the definition at section 1.1 of the Policy, during the time that the Policy is in effect.

4.3 The appointment of Directors or Trustees for the following organisations is covered by a separate Joint Policy of Nelson City Council and Tasman District Council: Port Nelson Limited (Joint CCTO), Nelson Airport Limited (Joint CCTO) and Tasman Bays Heritage Trust (Joint CCO).

Amendments

4.4 Amendments to the Policy are annotated in Attachment 1 (200344844-202) through the use of underlined text.

4.5 Amendments to numbering are not annotated.

4.6 Amendments have been made for readability, to clarify the scope of the Policy, or to align with requirements under the LGA 2002.

4.7 Section 2, regarding Scope, has been amended to show the inclusions and exclusions to the scope of organisations covered by the Policy.

4.8 Section 4, regarding Criteria for Selection of Directors or Trustees, has been amended to align with principles of inclusion, representation of tangata whenua and tikanga Māori. This section is also important in regard to facilitating LGA 2002 (s60A), which requires any CCO making significant decisions affecting land or water to, “take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga”.

4.9 Section 5, regarding Process for Appointment of Directors or Trustees, has been amended to include reference to the interview panel giving regard to the skills matrix of the Board as a whole.

4.10 Section 6, regarding Reappointment of Directors or Trustees, has been amended to include reference to the interview panel, as well as to the Group Manager Corporate Services and/or the Group Manager Community Services, making confidential enquiries as necessary.

4.11 Section 6, regarding Reappointment of Directors or Trustees, has been amended to include reference to those confidential enquiries also including requesting advice on the skills matrix of the Board as a whole.

4.12 Section 6, regarding Reappointment of Directors or Trustees, has been amended to include reference to those confidential enquiries also including requesting advice on any special or emerging needs of the organisation or Governing Board.

4.13 Section 8, regarding Remuneration of Directors or Trustees, has been amended for clarity regarding remuneration decisions for the different types of organisations.

4.14 Related Policies have been updated at the end of the document.

5. Options

5.1 The Council can either adopt the amended policy in full or request further changes.

Option 1: Adopt amended policy (recommended)
Advantages	· The Policy was last amended in 2018, prior to 2019 amendments to the LGA 2002. · The Policy has been updated for readability, to clarify the scope of the Policy, and align with requirements under the LGA 2002. · Policy amendments also deal with issues identified during application of the Policy by interview panellists, Governing Board Chairs or Council officers.
Risks and Disadvantages	· None
Option 2: Request further changes to the policy
Advantages	· Gives Council opportunity to amend the Policy.
Risks and Disadvantages	· Significant changes may have unintended consequences when applied in practice. · Delay in adoption of the Policy.

6. Conclusion

6.1 Council must have a policy on the appointment of Directors or Trustees of CCOs, CCTOs and COs.

6.2 Officers have reviewed the current policy to reflect current practice.

Author: Nikki Harrison, Group Manager Corporate Services

Attachments

Attachment 1: 200344844-202 Nelson City Council Policy: Appointment of Directors or Trustees of Council-Controlled Organisations, Council-Controlled
Trading Organisations and Council Organisations ⇩

Important considerations for decision making

Fit with Purpose of Local Government

This Policy is a statutory requirement.

Consistency with Community Outcomes and Council Policy

This Policy contributes to the outcome, ‘Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement’.

Risk

The Policy amendments have been recommended in order to ensure good practice in making appointments to CCOs, CCTOs and COs.

Financial impact

None.

Degree of significance and level of engagement

Significance is regarded as low, so no need for engagement of consultation is identified, as this Policy is a requirement under LGA 2002, and consistent with that legislation.

Climate Impact

This Policy does not have a climate impact, however considering climate change impacts is a requirement of CCOs, CCTOs and COs.

Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report. The Policy strengthens legislative and in-principle inclusion of tangata whenua and iwi representation, consistent with the 2019 amendments to the LGA 2002.

Delegations

This is a matter for Council.

Item 16: Proposal to establish an Arts Development Agency

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Council

15 December 2022

REPORT R27342

Proposal to establish an Arts Development Agency

1. Purpose of Report

1.1 To consider the proposal to establish an Arts Development Agency by expanding the role of Arts Council Nelson.

2. Recommendation

That the Council

1. Receives the report Proposal to establish an Arts Development Agency (R27342); and

3. Requests His Worship the Mayor write a letter on behalf of Council to support Arts Council Nelson’s funding application to the Cultural Sector Regeneration Fund.

3. Background

3.1 He Tātai Whetū, the Whakatū Nelson Arts and Creativity Strategy, was adopted at the 25 August 2022 Council meeting:

Resolved CL/2022/174

That the Council

2. Adopts He Tātai Whetū, the final Whakatū Nelson Arts and Creativity Strategy (839498445-7391)

3.2 The Strategy includes a series of key moves to activate the delivery of the Strategy. One of the key moves identified was to establish a development agency for the arts.

3.3 The key move was included in response to common feedback on the draft Strategy, which identified the opportunity to work more collaboratively and align activity across the sector to improve outcomes. The Strategy proposed the agency’s role would be to provide “advocacy, investment attraction, networking, publicity and capability development for the arts in Whakatū Nelson”.

3.4 Arts Council Nelson is applying to the Ministry for Culture and Heritage’s Cultural Sector Regeneration Fund to expand its role as an Arts Development Agency, and requires Council support for its application, which will need to be submitted by 24 February 2023.

3.5 Council has submitted a Better Off Funding application to the Department of Internal Affairs, which includes support for the Strategy.

4. Discussion

Why an Arts Development Agency is being proposed

4.1 During the engagement to develop the Strategy, the respondents voiced the need for an expanded agency to support arts in Nelson for the following reasons:

4.1.1 The arts sector can be highly fragmented because it encompasses such a wide range of genres and the sector needed a centralised point to connect with each other, stakeholders and other industries.

4.1.2 Although Council is a key player in the arts as a funder, regulator and facilitator, it was recognised that Council isn’t always best placed to deliver the outcomes the sector needs. Feedback emphasised the importance of the Strategy implementation being community-led, working closely with Council, and that an independent agency could coordinate these efforts to deliver better outcomes for the sector.

4.1.3 The sector would benefit from having a trusted point of contact where practitioners and organisers could seek support to navigate processes that are seen as potential barriers to their work.

4.1.4 The sector needed to be more coordinated in attracting investment and in developing partnerships across and outside of the sector. A dedicated function was recommended to develop those networks and partnerships on behalf of the sector.

4.2 From this feedback, the following roles were identified for the Arts Development Agency:

4.2.1 To serve as a single point of contact for the wider sector, acting as a connector and facilitator to enable greater collaboration. The agency would work to bring the sector together and align activity.

4.2.2 To assist those in the arts sector to navigate processes and policies, ensuring opportunities are accessible to all.

4.2.3 To develop strong networks and partnerships to attract investment opportunities and work with other industry sectors and central government. This could involve developing business cases for government agencies and brokering and coordinating philanthropic support. As an independent agency, it could also pilot new models of funding by investigating or trialling arts equity, underwriting, and lending schemes for the arts.

Options for establishing an Arts Development Agency

4.3 The adopted Strategy identified two options to establish the development agency, as outlined below.

Option 1: Expand Arts Council Nelson’s existing role to fulfil the role of an arts development agency

4.4 Arts Council Nelson is an existing agency that provides services to the arts sector in the Nelson Tasman region. The agency assists with the funding of community arts projects and presents a variety of events and initiatives both independently, and through partnerships. Arts Council Nelson also provides targeted advisory and support functions and looks for opportunities to promote arts and creative activities in the region. Arts Council Nelson also manages the Refinery ArtSpace venue.

4.5 Arts Council Nelson is an incorporated society currently governed by an Executive Committee of up to 12 members nominated by the wider community and elected at its annual general meeting. It has three part time staff – a Community Arts Manager, Refinery ArtSpace Manager, and an Administrator.

4.6 The option to expand Arts Council Nelson’s role was strongly supported in the feedback on the draft Arts and Creativity Strategy but respondents, including Arts Council Nelson, recognised that the agency’s current structure would need to change, and that additional resourcing would be required to support this outcome.

4.7 As an already existing agency and structure, respondents saw expanding Arts Council Nelson’s role as the logical approach, rather than creating a new agency, needing more resource and time to establish. Arts Council Nelson is already a trusted and credible agency in Nelson’s arts sector, providing some of the services identified for an arts development agency, but on a smaller scale. This was seen as a good platform to build on the work already happening by Arts Council Nelson.

Option 2: Establish a new development agency

4.8 Alternatively, a completely new agency could be created to fulfil this need. This would require a structure to be developed once the development agency roles and responsibilities were determined.

4.9 Some respondents noted a need for fresh thinking and approaches to reinvigorate the arts sector in Nelson. There were many other respondents who did not support a new entity being established and noted that expanding on an existing agency would still provide an opportunity to develop a structure and processes that respond to the needs identified.

5. Funding

5.1 The funding sources to set up the Arts Development Agency are being investigated. As mentioned in paragraph 3.4, Arts Council Nelson is making an application to the Cultural Sector Regeneration Fund to expand its role as an Arts Development Agency. Council’s Better Off Funding application also includes some elements that a new development agency might be involved in, and comes with an administration funding component.

5.2 The Regeneration Fund application is for three years’ funding. If the application is successful, at the end of the funding period Council would be able to assess the effectiveness of the new agency and consider what support it wishes to provide for the additional outcomes being delivered.

6. Options

6.1 Staff recommend Option 1.

Option 1: Support the Arts Council Nelson initiative to expand its role to provide the Development Agency for the Arts (recommended option)
Advantages	· Funding, time and resource would be saved by expanding on the role of an existing agency, rather than setting up a new agency. · Better return on investment through efficiency and delivering better outcomes to the sector. · The work already undertaken by Arts Council Nelson, and its credibility within the sector could be built on, rather than starting from scratch. · This option received strong support from those who provided feedback on the draft Arts and Creativity Strategy.
Risks and Disadvantages	· The increased capacity of Arts Council Nelson would require increased funding, resources and support.
Option 2: Do not support the Arts Council Nelson initiative to expand its role to provide the Development Agency for the Arts
Advantages	· Establishing a completely new agency provides an opportunity to develop a new structure and processes to respond to the needs identified, rather than working around an already existing structure.
Risks and Disadvantages	· Setting up a new agency would take more time, resource and funding. · This option did not receive strong support from those who provided feedback on the draft Arts and Creativity Strategy.

7. Conclusion

7.1 Staff recommend Council support Arts Council Nelson’s initiative to expand its role to become an Arts Development Agency. This option would provide a greater return on investment, both in terms of use of funding, as well as delivering the best outcomes for the sector and the wider community.

8. Next Steps

8.1 If Council agrees to Option 1, staff, with guidance from the Steering Group to be established under the Strategy, will support Arts Council Nelson, alongside other stakeholders, to create a plan and process to establish the agency. This would include securing funding sources and determining the specific roles and responsibilities the development agency would hold.

Author: Ailish Neyland, Policy Adviser

Attachments

Nil

Important considerations for decision making

Fit with Purpose of Local Government

Supporting a proposal to establish a development agency for the arts fits with the purpose of local government by supporting a sector that contributes to the cultural, economic and social wellbeing of communities.

Consistency with Community Outcomes and Council Policy

The recommendation supports the following Community Outcomes:

· Our communities have opportunities to celebrate and explore their heritage, identity and creativity

· Our communities have access to a range of social, educational and recreational facilities and activities

· Our region is supported by an innovative and sustainable economy.

Risk

There is a risk that if Council does not support to the proposal to establish an Arts Development Agency, the arts sector will see Council as not being committed to implementing He Tātai Whetū.

Financial impact

Additional funding to establish an Arts Development Agency is subject to central government funding. Funding decisions would be made once a proposal is agreed.

Council is likely to be expected to increase its current funding for Arts Council Nelson once it is delivering additional outcomes as an Arts Development Agency. This could be considered through an Annual Plan or Long Term Plan process, once any government funding (requested for three years) is at an end.

Degree of significance and level of engagement

This matter is of medium significance to the arts and creative sector in Nelson and of low significance to the wider the community. The key move to establish an Arts Development Agency was included in the draft Arts and Creativity Strategy, which had a high level of community engagement and went out for public feedback for a four-week period.

Climate Impact

The proposal in this report will have no impact on the ability of Council to proactively respond to the impacts of climate change now or in the future.

Inclusion of Māori in the decision-making process

Iwi were engaged throughout the development of He Tātai Whetū. Te Waka a Māui Iwi Chairs Forum endorsed the Strategy in August 2022.

Delegations

This is a matter for Council.

Item 17: Nelson Events Strategy implementation update - 2021-22

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Council

15 December 2022

REPORT R27353

Nelson Events Strategy implementation update - 2021-22

1. Purpose of Report

1.1 To provide an update on the implementation of the Nelson City Events Strategy for the period of 1 July 2021 to 30 June 2022. This includes a summary of opportunities to improve event planning and logistics, venue capacity in Nelson and seeks approval to change the return on investment target for the Nelson Events Fund from 10:1 to 20:1.

2. Summary

2.1 COVID-19 continued to disrupt the events sector in 2021-22 and impacted on achievement of the Strategy’s objectives. The events sector, Council and the Nelson Regional Development Agency (NRDA) navigated through these challenges and focussed on events that could be adapted to meet the COVID-19 restrictions and support the Nelson economy.

2.2 Despite these challenges, events that could go ahead delivered social, cultural and economic value to the community.

3. Recommendation

That the Council

1. Receives the report Nelson Events Strategy implementation update - 2021-22 (R27353); and

2. Approves changing the return on investment target from 10:1 to 20:1 in the Nelson City Events Strategy.

4. Background

4.1 The Nelson City Events Strategy was adopted in 2018 and provided a vision and objectives to guide Council’s support for the city’s events. The Strategy’s vision is “events that strengthen the region and its identity, stimulate a prosperous, vibrant and engaged community and deliver value at the right time”.

4.2 On 8 December 2021, Council approved the following amendment to the Strategy reporting frequency:

Resolved CL/2021/286

2. Approves an amendment to the Nelson City Events Strategy to require annual reporting by the Events Development Committee on implementation of the Strategy.

4.3 This report has been prepared with input from NRDA staff.

Council supports a wide range of events

4.4 Nelson’s events portfolio is wide-ranging, including arts, heritage, culture, music and sport. Events are delivered through mechanisms that can have different levels of Council funding, management and involvement. This is illustrated in the below diagram.

Event categories and Council involvement

Diagram

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4.5 Council delivers a range of associated services to support events, such as resource, noise and building consents, marketing and communication support, road closures and traffic management plans. Council also provides guidance to event organisers to navigate the different aspects of the planning process, such as health and safety, risk management, waste management, climate change mitigation, and ensuring organisers are aware of the regulatory requirements. In 2021-22 an Event Planning Guide was developed by Council staff to ensure organisers can access the information they need at the start of their planning process, with ongoing support from Council as needed.

Venues

4.6 Council supports the provision of venues that operate across Nelson to be used for events. In 2021-22, an assessment was undertaken of the gaps in Nelson’s provision of arts facilities, which provided Council with information to draw on when considering current and future provision and use of community arts facilities.

4.7 The analysis identified four key gaps in arts facility provision in Nelson:

4.7.1 large auditorium/performance space 750+ capacity

4.7.2 black box theatre 120-150 capacity, which puts emphasis on the performer-audience interface

4.7.3 an artists’ co-lab space providing affordable studios for artists

4.7.4 a community arts centre providing access to the arts for the whole community.

4.8 He Tātai Whetū, the recently adopted Whakatū Nelson Arts and Creativity Strategy, included an action to “advance business cases to explore opportunities for new venue development” for the gaps identified. This will be considered as part of the Strategy implementation and may result in proposals for consideration during the Long Term Plan 2024-34 process.

Funding

4.9 The NRDA administers funds distributed through the Council’s Events Fund, which has two streams – economic and community. The NRDA also administers Council’s Venue Hire Fund. The Events Development Committee, which includes Council and NRDA staff, reviews applications to the Events Fund and Venue Hire Fund and makes decisions about the funding allocation. Currently, if the funding sought from the Events Fund is between $25,000 and $50,000 it is delegated to the Council’s Chief Executive for decision, and if it is $50,000 or above it is a decision for Council.

4.10 The aim of the Events Fund is to support and develop events that contribute economic and community wellbeing benefits to Nelson. The economic stream recognises that events are an increasingly important contributor that can grow the visitor market and make Nelson an attractive destination. The community stream recognises that events are important for building feelings of belonging, identity and a sense of pride amongst Nelson’s diverse community.

4.11 The events sector across Nelson, Tasman and Marlborough, has also been allocated $1.5 million over four and a half years from the Ministry of Business, Innovation and Employment’s Regional Events Fund. The Fund aims to support the sector’s recovery from the impacts of COVID-19 by stimulating visitation and expenditure through events. The Fund is administered by the NRDA with input from panel members representing Destination Marlborough, Marlborough District Council, the NRDA, Nelson City Council and Tasman District Council.

5. Discussion

Events continued to adapt to COVID-19’s changing environment

5.1 Similar to 2020-21, COVID-19 had a big impact on the ability of the sector to deliver events, particularly with the ongoing outbreaks in New Zealand during 2021-22. The events sector continued to navigate through this uncertainty, adapting to the frequent changes in alert levels and traffic light settings, often having to cancel, postpone or move events online.

5.2 The majority of events were able to be postponed, however through cancellations or postponements of Events Fund sponsored events alone, the NRDA estimated a loss in economic impact of over $20 million during 2021-22.

5.3 Council and the NRDA worked closely with the events sector to enable flexible delivery of events. This included shifting event dates where possible and helping to plan and remarket events because of changes or postponements. The NRDA supported organisers to apply for the Ministry for Culture and Heritage’s Arts and Culture Event Support Scheme. The Scheme helped cover nonrecoverable financial losses for events heavily impacted by COVID-19. Through this, the Adam Chamber Music Festival was able to recover 50% of its costs for the cancelled Adam Summer Celebration, which meant $18,750 returned to the Events Fund.

5.4 To minimise the financial risk to the Events Fund due to the uncertainty of COVID-19, most event agreement payment schedules now stipulate the first payment is to be made close to the date of the event.

5.5 Council and the NRDA also supported organisers to develop new event proposals, particularly ones that would attract people into the city centre and inject economic and social benefits to the community.

COVID-19 restrictions made it difficult to achieve the Strategy’s objectives in 2021-22

5.6 The Strategy has five objectives to monitor progress against. The objectives are:

· A rich events calendar which maximises opportunities throughout the year

· Economic value – Measurable economic outcomes for Nelson city

· Community wellbeing – Promotion of wellbeing and cohesion of the local community

· Sense of identity – An events programme that attracts visitors to Nelson and gives the local community a sense of pride in being “Nelsonian”

· Partnership – A healthy partnership between the events sector, the community and Nelson City Council.

5.7 Event postponements and cancellations due to COVID-19 made it hard to deliver against the Strategy’s objectives, particularly the richness of Nelson’s events calendar, the economic value that could be created, and building a sense of identity within the community. With events having restrictions on numbers, limited domestic travel and no overseas visitors, it was hard to gain momentum and deliver what the sector and Council were aiming to achieve.

Events delivered in 2021-22 added value to the Nelson community

5.8 Despite the disruption of COVID-19, some events were still able to go ahead and contributed strongly to the Strategy’s objectives.

5.9 In 2021-22 the Events Fund provided $192,533 towards economic events expected to attract over 41,000 attendees, such as a National Roller Derby Tournament, COMMOTION Youth Music Colab,
35 Years of SmokeFree Rockquest Celebration Exhibition and the new Tauihi New Zealand Women’s Basketball League Finals.

5.10 $56,800 was provided to support community events, such as the Isel Twilight Market and Multicultural Festival.

5.11 Cultural support, leadership and guidance were provided, with the help of Council kaumatua and iwi, for over ten events, including the opening of Stoke Youth Park and Maitai Recreation Hub.

5.12 Two community events, The Barden Party and Movies Al Fresco, were delivered during the summer of 2021-22. These were held at outdoor venues and received great feedback from attendees.

5.13 The Originals was held at the Nelson Musical Theatre to promote youth creativity. Laugh Nelson delivered the event ‘Young and Funny’, which took place over two-days at Pūtangitangi Greenmeadows. Both events were welcomed by young people in the community and participation was high.

6. Proposed amendment to the return on investment target

6.1 The Strategy currently includes a return on investment target of 10:1 to measure the economic impact achieved through an event. It is measured using a model developed and applied by the NRDA to support consideration of all event funding applications.

6.2 At the time the Strategy was developed, this target aligned to the national approach and was seen to recognise the scale of the Nelson district. However, actual performance against this target was trending much higher following the Strategy’s adoption, with results of 31:1 in 2019-20 and 37:1 in 2021-22.

6.3 The measure “return of NCC economic events fund” was added to the Long Term Plan 2021-31, with a target of >20:1. This increased target was chosen as it was more reflective of the actual performance Nelson was reporting for the economic impact of events. It is recommended that the Strategy be amended with this new target.

7. Future investment focus

7.1 The range and timing of events supported by the Events Fund varies and staff recommend more strategic and targeted consideration be given to promoting and deciding on applications to ensure the investments covers all sectors, types of events, locations and appropriate timing throughout the year.

7.2 The Events Development Committee has reviewed the range of events financially support through the Events Fund across the last twelve months. The breakdown of events is outlined in the table below.

Category of event	Number of applications received in 2021-22
Arts/Culture	17
Sports (viewing)	6
Sports (participating)	17
Social/Recreational (Includes Diwali, Multicultural Festival, Eid Ramadan and five Venue Hire Fund applications)	22
Other	3
Total	65

7.3 The Events Development Committee and staff plan to hold a sector workshop to review the range and timing of events occurring in Nelson-Tasman and identify opportunities to target the types of events funded in future.

8. Options

8.1 Staff recommend Option 1.

Option 1: Approve changing the return on investment target from 10:1 to 20:1 in the Nelson City Events Strategy
Advantages	· The target of 20:1 is more reflective of the actual performance of economic impact in Nelson. · The target would align with the target included in the Long Term Plan 2021-31. · Performance would no longer be measured against two different targets.
Risks and Disadvantages	· None obvious.
Option 2: Do not approve changing the return on investment target and keep it as 10:1 in the Nelson City Events Strategy
Advantages	· None obvious.
Risks and Disadvantages	· Performance would continue to be measured against two different targets and cause confusion. · The target would not align with the target included in the Long Term Plan 2021-31. · The target is much lower than what Council is aiming to achieve, and is not reflecting actual performance of economic events in Nelson.

9. Conclusion

9.1 The portfolio of events in Nelson is contributing to the social, cultural and economic wellbeing of the community. The funding approach is working well to support the events sector to continue delivering high value events. However, there is potential to consider funding of events in a more strategic way.

9.2 The impacts of COVID-19 have caused disruption and uncertainty for the events sector. This has meant achieving the Strategy’s objectives in 2021-22 has been more difficult.

9.3 The events sector, Council and the NRDA have adapted to the challenges presented by COVID-19. With the Government easing restrictions and opening up the boarder, the events sector is able to act with more certainty again and this can be seen in a fuller and richer events calendar for 2022-23.

10. Next Steps

10.1 The next update to Council on the Events Strategy implementation will be reported by December 2023.

Author: Ailish Neyland, Policy Adviser

Attachments

Nil

Important considerations for decision making

Fit with Purpose of Local Government

Supporting the implementation of the Strategy provides Council with an opportunity to support a rich events calendar in Nelson, which contributes to the economic, social and cultural wellbeing of the community.

Consistency with Community Outcomes and Council Policy

The Strategy aims to support Nelson to deliver a rich and vibrant events calendar that promotes the community’s wellbeing and adds economic value. Nelson City events contribute to the following Community Outcomes:

· Our communities have opportunities to celebrate and explore their heritage, identity and creativity

· Our region is supported by an innovative and sustainable economy

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

· Our communities are healthy, safe, inclusive and resilient.

Risk

There is low risk with changing the return on investment target, as the proposed new target is included in the Long Term Plan 2021-31, which went out for community consultation and was approved by Council.

Financial impact

Changing the return on investment target in the Strategy does not have budget implications for Council.

Degree of significance and level of engagement

This matter is of low significance as the proposed new target was approved through the process to adopt the Long Term Plan 2021-31. Therefore, no feedback has been sought from the community.

Climate Impact

One of the Strategy’s guiding principles is Strategic Alignment, which includes how events align with relevant Council policy. Event organisers are asked to provide information on how they plan to manage environmental impacts during their event, such as minimising waste.

Inclusion of Māori in the decision making process

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

Delegations

This is a matter for Council.

Item 19: Biosecurity Annual Report 2021/22 & Operational Plan 2022/23

Shape

Description automatically generated with medium confidence

Council

15 December 2022

REPORT R27338

Biosecurity Annual Report 2021/22 & Operational Plan 2022/23

1. Purpose of Report

1.1 The purpose of the report is twofold:

a) To present a summary of progress against the targets and objectives of the 2021-22 Operational Plan for the Tasman Nelson Regional Pest Management Plan (RPMP); and

b) To present the RPMP Operational Plan for the 2022-23 financial year and seek agreement for Council to approve the Plan.

2. Summary

2.1 The Tasman Nelson Regional Pest Management Plan 2019-2029 (RPMP) provides a framework for the efficient and effective management of specified organisms (declared ‘pests’) across the Tasman and Nelson regions. Tasman District Council is the management agency for the joint RPMP. Section 100B (2(a)) of the Biosecurity Act 1993 requires the management agency to prepare an Operational Plan for the RPMP and then review that Plan annually and report on its implementation to both Councils responsible for the RPMP. Nelson City Council implements the Operational Plan for the Nelson region and reports to Tasman District Council as the management agency for the RPMP.

2.2 The 2021-22 Tasman Nelson RPMP Operational Plan was approved by the Environment and Climate Committee at its meeting on 4 November 2021 (Attachment 1). The Report on the Tasman Nelson RPMP Operational Plan 2021-2022 Objectives and Targets (Attachment 2) summarises the activities undertaken. This review confirms Nelson City Council is meeting its biosecurity obligations under the Biosecurity Act 1993 and work undertaken was within budget.

2.3 The 2022-23 Tasman Nelson RPMP Operational Plan (Attachment 3) outlines the objectives and activities to be undertaken this year in implementing the RPMP. The total approved budget for implementing the Operational Plan for the Nelson region is $343,000.

2.4 The Tasman Nelson RPMP Operational Plan 2022-23 and the review Report for the 2021-22 Operational Plan was reported to Tasman District Council Regulatory Committee on 17 November 2022 as a joint partner and the management agency for the RPMP.

3. Recommendation

That the Council

1. Receives the report Biosecurity Annual Report 2021/22 & Operational Plan 2022/23 (R27338) and its attachments (596364813-7519, 596364813-7512, and 596364813-7513); and

2. Approves the Operational Plan 2022/23 for the Tasman Nelson Regional Pest Management Plan (596364813-7513), specifically as it relates to Nelson City Council’s area; and

3. Approves the amendment to Koi Carp species from Cyprinus carpio, to Cyprinus rubrofuscus in the Tasman Nelson Regional Pest Management Plan 2019-2029.

4. Background

4.1 Nelson City Council and Tasman District Council have operated a joint Regional Pest Management Strategy/Plan, and provided an Operational Plan, as required by the Biosecurity Act since its introduction in 1993.

4.2 There are five types of pest management programmes to be carried out under the RPMP. These are summarised below, along with a number of key projects which highlight the range of activities covered in the programme.

· Exclusion pest programme – preventing 12 high threat pests from establishing in the Tasman and Nelson regions.

· Eradication pest programme – eliminating 24 high threat pests from the regions (or parts of a region).

· Progressive containment pests programme – containing and reducing the extent of seven pest plants across the regions.

· Sustained control pest programme - ongoing control of 23 widespread pest plants and other organisms to reduce their impacts and spread to other properties.

· Site-led pest programmes – control of named pests to reduce their impacts on natural biodiversity values at specific sites. There are three key sites or places covered by the RPMP, all of them are in Tasman District Council region.

4.3 The Operational Plans are based on the pests and programmes contained in the RPMP outlined above along with the requirements of the National Policy Direction for Pest Management 2015. The 2022-23 Operational Plan outlines the objectives and activities to be undertaken when implementing the RPMP this year.

4.4 Nelson City Council and Tasman District Council participate in the Top of the South Marine Biosecurity Partnership (TOSMBP) along with Marlborough District Council and the Ministry for Primary Industries. This continues to be an effective forum through which to prepare for, and respond to, marine pest incursions, including RPMP species.

4.5 In addition to meeting its obligations under the RPMP, the Council undertakes extensive control of plant and animal pests that are not included in the RPMP but which threaten ecological values on Council land or important areas for biodiversity.

5. Discussion

Report on Operational Plan 2021-22

5.1 The Report on the Operational Plan 2021-22 presents that activity of Nelson City Council and other agencies undertaken to implement the RPMP as measured by the objectives set out in the Tasman Nelson RPMP Operational Plan 2021-22. A summary of actions undertaken and key achievements relevant to Nelson is provided below. For additional detail and explanation, reference should be made to the annual review report as attached as Attachment 2.

Exclusion pests

5.2 Biosecurity Officers from both Nelson City Council and Tasman District Council continued surveillance monitoring and investigation to check and prevent 12 exclusion pests (Cape tulip; Chilean needle grass; hornwort; Indian myna; Johnson grass; Koi carp; Phragmites; rooks; Senegal tea; velvetleaf; wallabies; and water hyacinth) becoming established in the region. A potential incursion of a rook in Nelson was investigated and none found.

Eradication pests

5.3 Twelve of the 24 eradication pests occur in Nelson. With the exception of Gambusia, these are on track to be eradicated over the duration of the RPMP (i.e. by 2029).

5.4 DOC reports that the DOC-led eradication of pest fish is making slow progress with the pests remaining largely contained within their known areas. A feasibility study concluded that Gambusia eradication is not technically feasible with the current techniques and focus will now move to preventing spread. Nelson appears to remain free of wild populations of Perch, Rudd, and Tench.

5.5 The Council continued to support the TOSMBP and a review of the Top of the South Marine Biosecurity Strategic Plan was completed in December 2021. No Sabella incursions were detected in Nelson marina, giving confidence that the intensive management of this pest is leading to eradication. One visiting boat from Opua was found with Sabella during the annual summer survey done under the TOSMBP programme and was directed to be cleaned in the Nelson marina.

5.6 Sighting of a Red-eared slider turtle was reported in the ponds at Saxton Field. This was followed up with setting a trap and thorough searching of the area. These turtles are notoriously difficult to sight and catch so this work will be ongoing. There has been no evidence of breeding.

5.7 Work has progressed well to control Taiwan cherry in the Nelson region. Management has been directed toward a large source infestation in Atawhai. Monitoring to date shows that the level of density of Taiwan cherry in this infestation has reduced from over 80% down to 5%.

5.8 Both Nelson City and Tasman District remain free of wild populations of Indian Ring-necked Parakeet. Nelson City remains free of Bathurst Bur, Boxthorn, Egeria, Entire Marshwort and Knotweeds.

5.9 There are two active sites of Himalayan Balsam in Nelson, although the infestations appear to be under control and moving towards eradication, but further surveying is required to determine if total eradication is on track.

5.10 Cathedral bells have been eradicated from the Glen, but there is an active site in Todd Valley where manual searching is difficult and a drone survey is planned.

5.11 DOC leads the Spartina surveillance and control and has reported eight active infestations in Waimea Estuary over 2021-22. One of these was in the Nelson Haven on the Boulder Bank. This is the first record of Spartina in Nelson Haven.

Progressive Containment pests

5.12 The Progressive Containment pest programmes for Bomarea, Chinese Pennisetum, Nasella tussock, Variegated thistle and White edged nightshade have been effective, and indications are that these pests are well on the way to being contained within their respective containment zones.

5.13 Nelson City appears to remain free of Bomarea, Chinese Pennisetum, Purple Loosestrife, and Reed Sweet Grass.

5.14 Extensive work was undertaken on White-edged nightshade and new infestations were within the Containment Zones in Nelson City. Monitoring locations of sites outside the zones continue to remain free of this pest.

5.15 An historic site of Nasella tussock in the Saxton area was thoroughly searched and none was found. This will be repeated in 2022-23 as well as another site at Omokau.

5.16 Proactive management of Variegated thistle is being undertaken by land occupiers and owners.

Sustained Control pests

5.17 The ongoing control of 23 widespread pests to reduce their impacts and spread to other properties continued under the Sustained Control programme, with many of the sustained control areas located in Tasman District. In most cases progress toward RPMP outcomes is being made. Measuring the success of pest plants that affect natural values depends on checking that priority sites remain clear of the pest.

5.18 Further work is needed to identify priorities and to set annual performance targets on these priorities. Surveillance is underway to better understand distribution so priorities can be made for control.

5.19 Progress in 2021/22 in Nelson included roadside surveys to identify the majority of Akebia and Queensland poplar sites. Control is planned for 2022/23.

Site-led pests

5.20 There are no site-led pest programmes under the RPMP in the Nelson region.

Operational Plan 2022-2023

5.21 The Operational Plan for 2022-23 sets the programme of work that has already been committed to via the RPMP and is budgeted. It has been reviewed by biosecurity staff from Nelson City Council and Tasman District Council and outlines a programme consistent with the previous year.

5.22 Delivery of the RPMP focusses on the listed species in each of the programmes. In addition to these listed pests, officers investigate and respond to new and emerging pests and support MPI with known unwanted organisms not yet established here.

Amendment to Koi Carp species

5.23 Genetic analysis by DOC has resulted in finding that the Koi Carp in New Zealand previously known as Cyprinus carpio is in fact Cyprinus rubrofuscus and has been declared an unwanted organism by MPI.

5.24 As an eradication species in the RPMP, this change needs to be acknowledged and the species name changed accordingly. Under Section 100G of the Biosecurity Act 1993, Council can resolve this amendment in the RPMP.

Pest management in addition to RPMP 2021-2022

5.25 In addition to controlling pests in the RPMP, the Council also undertook extensive programmes directed at organisms not listed in the RPMP but which threaten ecological values on Council land or important areas for biodiversity or have very invasive characteristics with the potential to become widespread (emerging pests).

5.26 Emerging pest plants targeted included water celery, Vietnamese parsley, moth plant and blue passionflower. These will be considered for inclusion in the RPMP.

6. Options

6.1 Officers recommend option 1.

Option 1: Approve 2022-23 Operational Plan
Advantages	· Continue work to effectively implement the Regional Pest Management Plan. · Meets Biosecurity Act 1993 requirements. · Work is budgeted for.
Risks and Disadvantages	· None obvious.
Option 2: Amend 2022-23 Operational Plan
Advantages	· Provides for changes if deemed inconsistent with the Regional Pest Management Plan.
Risks and Disadvantages	· Creates delays/reprioritisation of work. · Potential additional costs. · Potential significant risk of not controlling pest plants and animals. · May not meet biosecurity Act 1993 requirements.

7. Conclusion

7.1 This report details the implementation of the Tasman-Nelson Regional Pest Management Plan in Nelson and associated biosecurity matters.

7.2 The 2022-23 Operational Plan provides for a consistent and efficient approach to biosecurity management across both Nelson and Tasman. Focus this year will be on improving the pest inspection database managed by Tasman District Council; identifying at risk sites for surveillance, and supporting the delivery of partner agencies (Tasman District Council and DOC). The Plan ensures the Council meets its statutory obligations under the Biosecurity Act 1993. Activities are within budget.

8. Next Steps

8.1 Continue to implement the Operational Plan 2022-23 for the Tasman Nelson Regional Pest Management Plan.

8.2 Officers are currently scoping potential changes to the RPMP should this be initiated by Tasman District Council. Potential changes are reviewing Sabella rules and including wilding conifer rules to align with those in the Marlborough RPMP in order to improve consistency across the Top of the South, reviewing the provisions for boneseed, and considering the inclusion of the emerging pests Water celery, Vietnamese parsley, Moth plant and Blue passionflower. This will require re-establishing the Joint Regional Pest Management Committee to oversee the Plan change process.

Author: Richard Frizzell, Environmental Programmes Officer

Attachments

Attachment 1: 596364813-7519 Tasman Nelson RPMP Operational Plan 2021-22 (Circulated separately) ⇨

Attachment 2: 596364813-7512 Tasman Nelson RPMP Operational Plan 2021-22 review (Circulated separately) ⇨

Attachment 3: 596364813-7513 Tasman Nelson RPMP Operational Plan 2022-23 (Circulated separately) ⇨

Important considerations for decision making

Fit with Purpose of Local Government

The report and recommendations achieve a consistent and cost-effective approach to pest management across the Nelson-Tasman regions by working jointly with the Tasman District Council to meet the requirements of the Biosecurity Act 1993. It also provides a valuable service to the Nelson community, ensuring environmental and economic risks from pests are effectively addressed and this contributing to the environmental wellbeing of the community.

Consistency with Community Outcomes and Council Policy

The report and recommendations detail implementation of the Regional Pest Management Plan and align with the strategy vision of “Enhancing community wellbeing and quality of life” by providing a framework for efficient and effective pest management and making the best use of available resources. This contributes to the Council’s following Community Outcomes in particular:

· Our unique natural environment is healthy and protected;

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

Risk

The Operational Plan for 2022/23 will meet the Council’s requirements under the Tasman-Nelson Regional Pest Management Plan. Any changes would risk delaying the ongoing implementation of the Plan.

Financial impact

This activity is already funded within the Council’s Long-Term Plan and no additional funding is sought.

Degree of significance and level of engagement

This matter is of low significance and no engagement is planned. This annual report is a statement of accountability and while the activity affects a large number of landowners, it is delivery of statutory requirements. The Operational Plan identifies programmed work which falls within budget limits. The activity is important for those landowners who are involved with managing pests, but receiving the Operational Plan is not a significant decision.

Climate Impact

Climate change has not been considered within this report. However, it is acknowledged that it will have implications for future biosecurity risks and incursions and responding to these. Biosecurity control will provide more vegetation growth in the future and increase carbon sequestration.

Inclusion of Māori in the decision making process

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

Delegations

This is a matter for Council.