Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Thursday 15 December 2022, commencing at 9.01a.m.
Present: His Worship the Mayor N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, 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 Senior Governance Adviser (M Macfarlane)
Apologies : Councillor K Paki Paki for lateness
Karakia and Mihi Timatanga
His Worship the Mayor Hon Dr N Smith provided opening comments for the meeting and acknowledged the effort of members and staff in challenging times, in particular the outgoing Chief Executive, Pat Dougherty, at his last Council meeting.
1. Apologies
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1. Receives and accepts the apology from Councillor K Paki Paki for lateness. |
2. Confirmation of Order of Business
There was no change to the order of business.
There were no updates to the Interests Register, Councillor Sanson declared a non-pecuniary interest and Councillor Rainey declared an interest relating to Agenda Item 17, Nelson Events Strategy implementation update.
Document number R27379
Jacquetta Bell and Steven Gray, Friends of the Maitai, provided a background of the group, their recent activities and their view of river health, in particular on the impacts of the recent weather event and forestry.
Mr Gray answered questions on trends in the river’s health and the impact Council land management was having on the river.
His Worship the Mayor Smith indicated a Forestry Taskforce would be established in the new year.
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1 1982984479-5410 Council 15Dec2022 Public Forum Presentation - Friends of the Maitai |
5.1 10 November 2022
Document number M19907, agenda pages 14 - 33 refer.
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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
Document number M19919, agenda pages 34 - 41 refer.
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1. Confirms the minutes of the meeting of the Council, held on 24 November 2022, as a true and correct record. |
Document number R27371, agenda pages 42 - 60 refer.
His Worship the Mayor Smith took the report as read and answered questions on the opportunity for members to review the Draft Local Government Reform submission and provide feedback, engagement with members on millage reimbursement and the use of electric vehicles from the Council fleet.
Group Manager Environmental Management, Dennis Bush-King, noted the closing date for the submissions to the Environment Select Committee had been extended to 5 February 2023.
An amendment was made to clause 4 to enable members to attend Local Government New Zealand events up to the pre-election period.
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1. Receives the report Mayor's Report (R27371) and its attachment (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 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 noting an amendment to 9.2 up to the pre election period excluding Local Government New Zealand events; 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
Document number R27327, agenda pages 61 - 62 refer.
Manager Parks and Facilities, Rosie Bartlett, introduced Brook Waimarama Sanctuary Trust Chief Executive, Ru Collins. Mr Collins spoke to a tabled presentation (1982984479-5393) and updated members on the activities at the Brook Waimarama Sanctuary.
Mr Collins answered questions on the importance of increasing visitor numbers and opening hours, the reintroduction of saddleback in the sanctuary, impacts of the recent weather event, the potential collaboration with the Nelson Regional Development Agency and what the biggest threats were to the sanctuary.
Councillor Paki Paki joined the meeting at 9.57a.m.
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1. Receives the report Brook Waimarama Sanctuary Trust Annual Update (R27327) and its attachment (606908324-46122). |
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1 1982984479-5393 Council 15Dec2022 Tabled Document Presentation - Brook Waimarama Sanctuary |
The meeting adjourned at 10.02a.m. and reconvened at 10.08a.m.
8. Nelson Regional Development Agency Annual Report 2021-22
Document number R27281, agenda pages 63 - 67 refer.
Nelson Regional Development Agency (NRDA) Chair, Meg Matthews, took the report as read noting the financial year 2022 was challenging for businesses.
NRDA Chief Executive, Fiona Wilson spoke to a tabled presentation (839498445-13618) reflecting on the past months and looking forward.
Ms Wilson answered questions on the briefing paper provided to ministers, investment priorities for the region, focus on delivering for whole of the region, NRDA’s interaction with retailers in central business district redevelopment.
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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. |
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1 839498445-13618 Council 15Dec2022 Tabled Document - NRDA Annual Report 2021-22 and update |
9. Development Contributions Waiver Kaikaiāwaro Charitable Trust
Document number R27317, agenda pages 68 - 75 refer.
Strategic Housing Adviser, Lisa Gibellini, introduced the report noting Development Contributions were a mechanism used by Council to alleviate the housing crisis in Nelson.
General Manager of Te Rūnanga o Ngāti Kuia Trust, Dave Johnston, noted the Trust want to be part of the solution to the housing crisis, this was their first project of this kind and was part of their wider strategy.
Ms Gibellini and Mr Johnston answered questions on reviewing the waiver process and the intended use of the houses.
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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
Document number R27333, agenda pages 76 - 84 refer.
Strategic Housing Adviser, Lisa Gibellini, took the report as read, noting the role of the taskforce.
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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
Document number R27374, agenda pages 85 - 93 refer.
Manager Property Services, Rebecca Van Orden, and Group Manager Community Services, Andrew White, took the report as read and answered questions on the exclusion of recreation facilities on non-Council owned land in the terms of reference for the Sports Facilities taskforce, and when the taskforce would be expected to dissolve.
The clause to adopt the Sports Facilities Taskforce Terms of Reference was deferred to allow further work to be undertaken on the terms of reference.
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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). |
The meeting adjourned at 11.28a.m. and reconvened at 11.38a.m.
Document number R27344, agenda pages 94 - 158 refer.
Team Leader Governance, Robyn Byrne, took the report as read and noted minor corrections to the Chief Executive delegations and that there are placeholders for terms of reference which will be updated following the meeting.
Group Manager Corporate Services, Nikki Harrison, and Group Manager Infrastructure, Alec Louverdis, answered questions on the financial thresholds in the delegation register, the implications of the proposed adjustment to the Chief Executive delegation and what the process is for future review of the Delegations Register.
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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
Document number R27349, agenda pages 159 - 205 refer.
Manager Governance and Support Services, Devorah Nicuarta-Smith, took the report as read and noted the document would be treated as a living document going forward.
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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
Document number R27378, agenda pages 206 - 228 refer.
Group Manager Corporate Services, Nikki Harrison, took the report as read noting there was an initial rate remission of fixed charges in September and officers now proposed a general rates remission for the properties that still could not be inhabited as at 30 November 2022.
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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
Document number R26898, agenda pages 229 - 241 refer.
Group Manager Corporate Services, Nikki Harrison, took the report as read noting the policy was due for a regular update and amendments are noted.
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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
Document number R27342, agenda pages 242 - 247 refer.
Policy Adviser, Ailish Neyland, took the report as read.
Group Manager Strategy & Communications, Nicky McDonald, answered questions on what happens if the funding applications were unsuccessful, the make-up of the Arts Development Agency steering group and what funding the Agency was allocated.
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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
Document number R27353, agenda pages 248 - 255 refer.
Policy Adviser, Ailish Neyland, noted Council had invested in a number of events to contribute to Nelson’s wellbeing, vibrancy and economic success and the annual update was on the implementation of the events strategy.
Councillor Rainey abstained from voting on the motion.
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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. |
Document number R27345, agenda pages 256 - 272 refer.
Team Leader Governance, Robyn Byrne, took the report as read and noted updates to scheduled taskforce meetings, a date correction for the Joint Regional Transport Committee and that Joint Committee scheduling was still to be finalised.
The Chief Executive, Pat Dougherty, answered a question on how deliverable the current workplan was.
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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
Document number R27338, agenda pages 273 - 280 refer.
Environmental Programmes Adviser, Richard Frizzell, introduced Biosecurity Officer, Andrew Nevin. Mr Frizzell took the report as read and noted that Nelson City Council and Tasman District Council (TDC) the only two councils to have a joint plan and that TDC had recently approved the Operational Plan.
Mr Frizzell answered questions on the types of carp species found locally, locations of incursion and marine pest monitoring.
Group Manager Environmental Management, Dennis Bush-King, answered a question on feral cats, what plans were in place and whether it was appropriate to include feral cats in future biosecurity plans.
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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; 3. Approves the amendment to Koi Carp species from Cyprinus carpio, to Cyprinus rubrofuscus in the Tasman Nelson Regional Pest Management Plan 2019-2029. |
Document number R27354, agenda pages 281 - 339 refer.
Senior Policy Adviser, Louis Dalzell, took the report as read, noting an increase in overall satisfaction with mixed results for Council’s performance measures and general activity results.
Mr Dalzell answered questions on the technology used for the survey, opportunities to improve survey accessibility and the ability to apply demographic breakdowns to the survey results.
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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. |
Rob Gunn, Jane Shaerd and Lindsay Coll of Nelmac, will be in attendance for Item 4 of the Confidential agenda, Nelmac Limited – Statement of Expectations 2023/2024, and accordingly the following resolution is required to be passed:
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1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, Rob Gunn, Jane Shaerd and Lindsay Coll of Nelmac, remain after the public has been excluded, as they have knowledge relating to Item 4, Nelmac Limited – Statement of Expectations 2023/2024 of the Confidential Agenda. 2. Excludes the public from the following parts of the proceedings of this meeting. 3. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1.1 |
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)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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1.2 |
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)
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2 |
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 |
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3 |
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) |
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4 |
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) |
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5 |
Appointment of Climate Change Advisory Group members
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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 |
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6 |
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)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into confidential session at 1.22p.m. and resumed in public session at 3.46p.m.
His Worship the Mayor Smith acknowledged outgoing Chief Executive, Pat Dougherty, noting the extraordinary service given by Mr Dougherty over his 36 years in local government and in particular his total 26 years at Nelson City Council, the last five as Chief Executive. He invited Mr Dougherty to provide some closing comments.
Mr Dougherty advised the infrastructure works undertaken by Council mitigated much of the recent weather events impacts and noted he felt confident the current council would work hard on achieving consensus. Mr Dougherty acknowledged the work His Worship the Mayor Smith had undertaken on progressing this.
Karakia Whakamutanga
22. Restatements
It was resolved while the public was excluded:
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2 |
Reappointment of Independent Chair to the Saxton Field Committee |
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Agrees that the Report (R27336) and the decision be made publicly available once the role is accepted. |
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3 |
Bishop Suter Trust - Statement of Expectations 2023-24 |
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Agrees that Report (R27249) and the decision be made publicly available once the completed Statement of Expectations when published on the Nelson City Council website, approximately 30 days after it is received by the Trust. |
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Nelmac Limited - Statement of Expectation 2023/24 |
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Agrees that Report (R27312), Attachment (1511110536-351) and the decision be made publicly available by the completed Nelmac Limited Statement of Expectation being available on the Nelson City Council website approximately 30 days after it is received by the Nelmac board. |
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Appointment of Climate Change Advisory Group members |
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Agrees that Report (R27323) and the decision only be made publicly available. |
There being no further business the meeting ended at 3.55p.m.
Confirmed as a correct record of proceedings by resolution on 09 February 2023.
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That the Council 1. Confirms the minutes of the meeting of the Council, held on 15 December 2022, as a true and correct record. |