Agenda of Hearing Panel - Thursday, 18 May 2023

Hearing Panel

1. Functions:

· To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 Clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.

2. Membership:

· All elected members aside from the Mayor, in rotation. Each Hearing Panel will be made up of three members.

· The Chair of each Panel will be an elected member who has previously completed the ‘Making Good Decisions’ course.

· Each Hearings Panel will include no more than one elected member in their first triennium of Council

· The Group Manager Environmental Management may appoint one or more Independent Commissioners to either assist the Hearing Panel or to hear and determine any particular application, such as when Council or a Council-Controlled Organisation or Council-Controlled Trading Organisation is (or could be perceived to be) an interested party, other than applications made for temporary road closure under Schedule 10 Clause 11(e) of the Local Government Act 1974.

3. Powers to Decide:

· The power to appoint a panel to hear and determine with any other consent authority any application requiring a joint hearing

· The power to hear and recommend appropriate actions from hearings of designations and heritage orders

· The power to hear, consider and attempt to resolve contested road stopping procedures

· The power to consider and determine applications for temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974

· The power to hear and determine all matters arising from the administration of the Building Act 1991, and the Building Act 2004

· The power to hear and determine objections to the classification of dogs, and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act, 1996

· The power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure, aside from those impacted by the Naming Rights and Sponsorship Policy for Community Services Facilities

· The power to provide advice to applicants on appropriate names for private roads, rights of way or other legal forms of private access to property

· The power to make changes to the schedules to the Parking and Vehicle Control Bylaw

· The power to administer the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council.

Hearing Panel

18 May 2023

Page No.

Karakia and Mihi Timatanga

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 24 March 2023 6 - 7

Document number M20062

Recommendation

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 24 March 2023, as a true and correct record.

6. Naming of a new park in Bayview - Tirohanga Whānui Park 8 - 16

Document number R27589

Recommendation

That the Hearing Panel

1. Receives the report Naming of a new park in Bayview - Tirohanga Whānui Park (R27589) and its attachments (1789850319-145, 1789850319-289 and 196698121-46544); and

2. Approves that Lot 501 DP 572142 is named Tirohanga Whānui Park; and

3. Thanks the Ngāti Koata Kaumātua Committee for the gift of the name for the new park.

Karakia Whakamutanga

Hearing Panel Minutes - 24 March 2023

Minutes of a meeting of the

Hearing Panel

Te Rōpū Rongonga

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 24 March 2023, commencing at 9.00a.m.

Present: Councillors R Sanson (Chairperson), P Rainey and T Skinner

In Attendance: Governance Adviser (T Kruger)

Apologies : Nil

Karakia and Mihi Timatanga

1. Apologies

No apologies were received.

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

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

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 10 February 2023

Document number M19981, agenda pages 5 - 6 refer.

Resolved HEA/2023/001

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 10 February 2023, as a true and correct record.

Skinner/Sanson Carried

6. Parking and Vehicle Control Bylaw (2011), No 207
Amendments to Schedules

Document number R26504, agenda pages 7 - 55 refer.

Team Leader Transport and Solid Waste, Matt Bruce, presented the report which was taken as read, and answered questions on Bay View Road no stopping feedback received from residents.

Resolved HEA/2023/003

That the Hearing Panel

1. Receives the report Parking and Vehicle Control Bylaw (2011), No 207 Amendments to Schedules (R26504) and its attachments (1355221503-8263 and 1355221503-8016); and

2. Approves amendments detailed in report R27231 and its attachments (1355221503-8263 and 1355221503-8016) to the following Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207:

· Schedule 1 – One Way Streets

· Schedule 4 - Special Parking Areas

· Schedule 8 – Time Limited Parking Areas

· Schedule 9 – No Stopping and no Parking Areas

· Schedule 13 – Stop Signs

· Schedule 14 – Give Way Signs

Skinner/Sanson Carried

Karakia

There being no further business the meeting ended at 9.09 a.m.

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

Resolved

Item 6: Naming of a new park in Bayview - Tirohanga Whānui Park

Hearing Panel

18 May 2023

REPORT R27589

Naming of a new park in Bayview - Tirohanga Whānui Park

1. Purpose of Report

To approve that the new park in Bayview (Lot 501 DP 572142) is named ‘Tirohanga Whānui Park’.

2. Recommendation

That the Hearing Panel

1. Receives the report Naming of a new park in Bayview - Tirohanga Whānui Park (R27589) and its attachments (1789850319-145, 1789850319-289 and 196698121-46544); and

2. Approves that Lot 501 DP 572142 is named Tirohanga Whānui Park; and

3. Thanks the Ngāti Koata Kaumātua Committee for the gift of the name for the new park.

3. Background

3.1 The Council has acquired a new neighbourhood park in Atawhai, resulting from a Bayview Nelson Limited subdivision (subdivision consent numbers SH195006V1 and RM205239). The location of the new park (Lot 501 DP 572142) is shown in Attachments 1 and 2. Due to its elevated location, the new park has views across to Paruparuroa (The Haven), Te Taero a Kereopa (The Boulder Bank) and Te Tai o Aorere (Tasman Bay).

3.2 The Council developed a new neighbourhood playground on this park during the spring and summer of 2022/2023 (Attachment 3). The park will be opened to the public when all boundary fences have been completed and the vegetation has been planted and established. The opening is likely to be in the middle of 2023.

3.3 At its 15 September 2022 meeting, the Community and Recreation Committee supported the request for a Te Reo Māori name for the new park and noted approval for the name would come to the Hearings Panel. It was resolved:

3.4 That the Community and Recreation Committee:

1. Receives the report Proposal to consider a Te Reo Māori name for a new park in Atawhai (R27050) and its attachments (A2922653, A2922717); and

2. Supports a request for a Te Reo Māori name for the new park in Atawhai (Lot 501 DP 572142); and

3. Notes that the ’Hearings Panel -Other’ will be asked to formally approve the gifted name, in accordance with Council’s delegations.

CAR/2022/048

4. Discussion

4.1 Te Kāhui Whiria – the Māori Partnerships Team requested a Māori name from iwi Pou Tikanga (cultural advisors) and Council Kaumātua.

4.2 The Ngāti Koata Kaumātua Committee subsequently provided the name “Tirohanga Whānui”. The metaphoric translation of this name is to look beyond your horizons, the visionary aspirations of youth. The literal translation of the name is “expansive or majestic views”.

4.3 The Ngāti Koata Kaumātua Committee also requested that the Council consider developing an interpretation panel with information about the name.

5. Options

5.1 The following options are to be considered. Option 1 is preferred.

Option 1: Accept the gift of ‘Tirohanga Whānui Park’ for the new park (this is the preferred option)
Advantages	· The name ‘Tirohanga Whānui Park’ is reflective of both the location and the use of the park · Strengthens the Council’s ongoing partnership with iwi in the promotion of bicultural partnership · Provides an opportunity for iwi to acknowledge association with the area with a Te Reo Māori name · Increases the use of Te Reo Māori within our community · Less staff time is required to research proposed names for a new park.
Risks and Disadvantages	· None apparent.
Option 2: Decline the gift of ‘Tirohanga Whānui Park’ for the new park
Advantages	· None apparent.
Risks and Disadvantages	· Reputational risk for the Council, given the Council formally sought the gift of a name in Te Reo · Council misses an opportunity to partner with iwi regarding this park naming · A new name would need to be sought requiring additional staff time for research and reporting.

6. Next Steps

6.1 Following the formal naming of the new park, signage will be developed and a park opening will be scheduled.

6.2 An interpretation board will be considered in future.

Author: Carol Stewart, Parks and Facilities Activity Planner

Attachments

Attachment 1: 1789850319-145 Location of new park in Atawhai ⇩

Attachment 2: 1789850319-289 Bayview roading layout plan (showing location on new park) ⇩

Attachment 3: 196698121-46544 Photos of new playground in Atawhai ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The recommendation promotes the cultural wellbeing of the community.

Consistency with Community Outcomes and Council Policy

The new reserve in Bayview was vested as part of the subdivision process and the reserve’s development is budgeted in the Long Term Plan and the Annual Plan 2021/22.

Accepting the gift of a Te Reo Māori name supports the community outcome that “Our communities have opportunities to celebrate and explore their heritage, identity and creativity”.

Risk

Accepting a name from iwi strengthens the relationship with iwi and considers iwi’s association with the area. There is no apparent risk.

Financial impact

The decision has no financial impact on the reserve.

Degree of significance and level of engagement

This matter is of low significance because it has no impact on the Council’s finances, it promotes outcome anticipated in the Nelson City Council Naming of Reserves and Other Features Policy 2004 and there is no reasonable expectation that the matter will generate wide or intense public interest. No public engagement is proposed.

Climate Impact

This decision has no impact on climate change.

Inclusion of Māori in the decision making process

At its 15 September 2022 meeting, the Community and Recreation Committee supported the request for a Te Reo Māori name for the new park. Te Kāhui Whiria – Māori Partnerships Team subsequently requested a Māori name from iwi Pou Tikanga (cultural advisors) and Council Kaumātua. The Ngāti Koata Kaumātua Committee subsequently provided the name “Tirohanga Whānui”.

Delegations

The Hearings Panel has the following delegations to consider

Areas of Responsibility:

· Matters relating to naming features within the city (7.3.1)

Powers to Decide: