Agenda of Hearing Panel - Friday, 20 October 2023

Hearing Panel Minutes - 8 September 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 8 September 2023, commencing at 9.00a.m.

Present: Councillors T Brand (Chair), M Benge and P Rainey

In Attendance: Deputy Chief Executive/Group Manager Infrastructure (A Louverdis), Governance Adviser (K Libeau) and Assistant Governance Adviser (A Bryce)

Apologies : 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. Confirmation of Minutes

5.1 16 June 2023

Document number M20190, agenda pages 6 - 12 refer.

Resolved HEA/2023/001

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 16 June 2023, as a true and correct record.

Brand/Benge Carried

6. Temporary Road Closure - Nelson Arts Festival 2023

Document number R27845, agenda pages 13 - 20 refer.

Contracts Supervisor – Roading, Gillian Dancey, supported by Group Manager Infrastructure, Alec Louverdis, took the report as read and noted two corrections to the report, that the Arts Festival is a yearly event not biennial and that the event is named the “Masked Carnivale” not “Mask Carnivale Parade”.

Ms Dancey made note that after the submission period closed, a resident of Selwyn Place raised concerns around access to their property. Officers advised that this had been resolved and the resident would be provided access both morning and evening.

Resolved HEA/2023/012

That the Hearing Panel

1. Receives the report Temporary Road Closure - Nelson Arts Festival 2023 (R27845) and its attachments (340448201-5189 and 1355221503-12177); and

2. Approves the temporary road closure as per report (R27845) Section 4 and its attachment (340448201-5189) for the Nelson Arts Festival 2023 on Friday 27 October 2023.

Rainey/Benge Carried

Karakia Whakamutanga

There being no further business the meeting ended at 9.06a.m.

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

Resolved

Item 6: Temporary Road Closure - Santa Parade, Christmas Carols and New Years Eve Event and Safety Road Closures

Hearing Panel

20 October 2023

Report Title: Temporary Road Closure - Santa Parade, Christmas Carols and New Years Eve Event and Safety Road Closures

Report Author: Gillian Dancey - Contracts Supervisor - Roading

Report Authoriser: Alec Louverdis - Group Manager Infrastructure

Report Number: R27948

1. Purpose of Report

1.1 To approve or decline the temporary road closure application for the Santa Parade on Sunday 10 December 2023, Christmas Carols on Sunday 24 December 2023 and the New Years Eve Event and Road Closures between Sunday 31 December 2023 and Monday 1 January 2024.

2. Recommendation

That the Hearing Panel

1. Receives the report Temporary Road Closure - Santa Parade, Christmas Carols and New Years Eve Event and Safety Road Closures (R27948) and its attachments (1355221503-12603, 340448201-5447, 1355221503-12575, 340448201-5448, 1355221503-12576 and 340448201-5449); and

2. Approves the temporary road closures as per report R27948 for the Santa Parade on 10 December 2023; and

3. Approves the temporary road closures as per report R27948 for Christmas Carols on 24 December 2023; and

4. Approves the temporary road closures as per report R27948 for the New Years Eve Event and Safety Road Closures between 31 December 2023 and 1 January 2024.

3. Background

3.1 These closures are for events, and therefore fit the requirements of Schedule 10 Clause 11(e) of the Local Government Act 1974 which come to the Hearings Panel for approval.

3.2 It is a requirement that consultation with Waka Kotahi (New Zealand Transport Agency) is undertaken to temporarily close any road under Schedule 10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and Waka Kotahi have an agreement whereby specific consultation is only required if the closure affects the State Highway or their assigned detour routes.

4. Santa Parade

4.1 Council officers received an application on 7 September 2023 from Downer NZ Ltd to close the following roads at the times listed below, and as shown in Attachment 1.

· Montgomery Square Carpark and entrances from 5.00am to 2.00pm Sunday 10 December 2023.

· Hardy Street – between Rutherford Street and Morrison Street, Church Street and Park Street from 8.30am to 4.00pm Sunday 10 December 2023.

· Trafalgar Street between Hardy Street to Grove Street and Hathaway Terrace including Trafalgar Park Lane, Trafalgar Carpark, Bridge Street, Wakatu Lane, New Street and Halifax Street from 10.30am to 4.00pm Sunday 10 December 2023.

· Bridge Street at the intersection with Trafalgar Street and Halifax Street at the intersection with Trafalgar Street from 12.00pm to 3.00pm Sunday 10 December 2023.

4.2 The Santa Parade is an annual event for the community to celebrate Christmas with a parade along through the City Centre.

4.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

4.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

4.5 Consultation with the Police has been undertaken and they have given their approval for this event.

4.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in the Nelson Mail on 30 September 2023 to notify of the applicant’s intention to close these roads and inviting feedback by 11 October 2023. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 2). Feedback is currently pending.

4.7 No noise consent is required for this event and evidence of public liability insurance has been provided.

4.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.

4.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

4.10 In the event that this event gets cancelled, the closures will not proceed, and this will be publicly notified.

5. Christmas Carols

5.1 Council officers received an application on 7 September 2023 from the Nelson City Council Transport Team to close the following road listed below at the times listed below, and as shown in Attachment 3.

· Trafalgar Square – from Trafalgar Square East to Trafalgar Square West (including the intersection with Park Street) from 7.00pm to 11.00pm Sunday 24 December 2023.

5.2 The Christmas Carols is an annual event for the community to get together to celebrate Christmas with Christmas Carols at the top of Trafalgar Street.

5.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

5.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

5.5 Consultation with the Police has been undertaken and they have given their approval for this event.

5.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification the Nelson Mail on 30 September to notify of the applicant’s intention to close these roads and inviting feedback by 11 October 2023. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 4). Feedback is currently pending.

5.7 No noise consent is required for this event and evidence of public liability insurance has been provided.

5.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.

5.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

5.10 In the event that this event gets cancelled, the closures will not proceed, and this will be publicly notified.

6. New Years Eve Event and Safety Road Closures

6.1 Council officers received an application on 6 September 2023 from Nelson Venues Limited and the Nelson City Council Transport Team to close the following roads listed below at the times listed below, and as shown in Attachment 5.

· New Year’s Eve Event Road Closures

Trafalgar Square – between Church Street and Trafalgar Square East, including the Church Steps from 5.00am Sunday 31 December 2023 to 12.00pm Monday 1 January 2024.

· New Year’s Eve - Safety Road Closures

Bridge Street between Trafalgar Street and Collingwood Street, Hardy Street between Church Street and Collingwood Street including Hope Street and Morrison Street intersections, Trafalgar Street between Bridge Street and Hardy Street, Park Street, Alma Street and Buxton Carpark from 8.00pm Sunday 31 December 2023 to 6.00am Monday 1 January 2024.

6.2 The New Years Event is an annual event for the community to celebrate New Years Eve in Upper Trafalgar Street.

6.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

6.4 Consultation with Waka Kotahi has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

6.5 Consultation with the Police has been undertaken and they have given their approval for this event.

6.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification the Nelson Mail on 30 September to notify of the applicant’s intention to close these roads and inviting feedback by 11 October 2023. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 6). Feedback is currently pending.

6.7 Consent requirements for this event will be processed by other teams within Council and evidence of public liability insurance has been provided.

6.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.

6.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

6.10 In the event that this event gets cancelled, the closures will not proceed, and this will be publicly notified.

7. Options

7.1 Council has two options, either to approve or decline the temporary road closure applications. Officers recommend approving the temporary road closures for these events.

Attachments

Attachment 1: 340448201-5447 - MAP - Santa Parade 2023 ⇩

Attachment 2: 1355221503-12603 - Letter Drop - Santa Parade 2023 ⇩

Attachment 3: 340448201-5448 - MAP - Christmas Carols 2023 ⇩

Attachment 4: 1355221503-12575 - Letter Drop - Christmas Carols 2023 ⇩

Attachment 5: 340448201-5449 - MAP - New Years Eve Safety and Event Road Closures ⇩

Attachment 6: 1355221503-12576 - Letter Drop - New Years Eve Safety and Event Road Closures ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The following are applicable:

• The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic.

• The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions.

This temporary road closure fits with the purpose of local government.

Consistency with Community Outcomes and Council Policy

These events contribute to our community outcomes by assisting our community to celebrate their identity and community.

Risk

If the temporary road closure is not approved, these events are at risk of not going ahead.

Financial impact

There is limited financial impact for Council for this road closure.

Degree of significance and level of engagement

This matter is of medium significance because of the number of people affected and the short duration of the events. A request for feedback was advertised in Our Nelson and on the Council’s website.

Climate Impact

This decision will have no impact on 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

The Hearing Panel has the following delegations to consider temporary road closures:

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.

Item 7: Road naming for Marsden Park

Hearing Panel

20 October 2023

Report Title: Road naming for Marsden Park

Report Author: Bernadette Power - Development and Naming Adviser

Report Authoriser: Mandy Bishop - Group Manager Environmental Management

Report Number: R27961

1. Purpose of Report

To approve or decline an application for the names of “Canary Place” and “Cumberland Crescent” for roads within the subdivision development at Marsden Park shown on the attached scheme plan.

2. Recommendation

That the Hearing Panel

1. Receives the report Road naming for Marsden Park (R27961) and its attachment (1366331260-217964); and

2. Approves the names Canary Place and Cumberland Crescent for the roads shown on the Scheme plan in attachment RM155023 Marsden Park - street naming scheme plan 10 Oct 23 (1366331260-217964).

3. Background

3.1 The applicant, Wensley Road Developments Limited are progressing a 220 lot subdivision in the Marsden Valley, to date 24 new lots have been completed. Wensley Road Developments Limited wish to apply the theme of naming roads that reflect the early settler life in the area. Canary Place (Road 2) and Cumberland Crescent (Road 6) are the nominated names for two new roads in Stage 5 and 8 within the subdivision development at Marsden Park, shown on the attached scheme plan (Attachment -1366331260-217964).

3.2 Council has the authority to name roads, pursuant to Section 319(j) of the Local Government Act 1974. Council has yet to approve a Naming Policy. Officers use the following 2008 draft Road Naming Policy principles/criteria to assess applications:

“7. Principles/Criteria

7.1 Names should not be the same as or similar in sound or written form to road names already in use in the Nelson/Tasman region.

7.2 Names are not to be the same as or similar to that of any living person, if the first name and surname are to be used as the road name; if only the surname is used, this may be acceptable. Written approval must be obtained from the person the street is named for, or from the next of kin or descendants (as appropriate).

7.3 If the road is on or near a site of significance to iwi, and if an appropriate Māori name can be identified, the Hearings Panel will seek the advice of iwi over the name.

7.4 Māori names, if not proposed by iwi, will require the approval of iwi.

7.5 Names should bear some relationship to the locality, and in the case of a multi-street subdivision, present a theme within the overall development; in the case of a staged development, names should continue the theme for earlier stages on the development. Where new roads are created as a result of other than subdivision activities, they should continue the theme for the locality.

7.6 Names should be reasonably brief; the length of the name is to be related to the length of the road, i.e. short names for short roads, to avoid cartographic problems.

7.7 Names are not to be in the possessive case, eg. Hector Avenue, not Hector’s Avenue. However, the plural may be an appropriate alternative in certain cases, eg Queens Road.

7.8 The use of more than one word should be avoided, unless it is of historical significance, e.g. Will Watch Way.

7.9 The name should not include hyphenated words.

7.10 The name should be of straightforward spelling and pronunciation, so as to avoid confusion or misunderstanding.

7.11 The term (ie. road, street, avenue, terrace, way etc) will be based on a definition of terms, set out in Appendix 2.”

4. Evaluation

4.1 The road names Canary Place and Cumberland Crescent comply with all the Principles/Criteria of the 2008 draft Road naming policy. There is no street named Canary Place or Cumberland Crescent in the Nelson/ Tasman. Criteria 7.2 is met, 7.3 and 7.4 are not relevant to this application. 7.5 is met, Canary Place and Cumberland Crescent relate to the early settler life of the Marsden family and their home at Isel Park. Canary Island Pines were planted around 1850 and Cumberland was the birthplace of Thomas Marsden. The name lengths are reasonable in relation to the length of the roads, therefore 7.6 is met.

4.2 Criteria 7.7 – 7.10 are also complied with.

4.3 To meet 7.11 the road types need to comply with the Australian/ NZ standard as follows:

NEW ZEALAND ROAD TYPES
Road type	Abbrev	Description	Open ended	Cul-de-sac	Pedestrian only
Alley	Aly	Usually narrow roadway in a city or town	x	x
Arcade	Arc	Covered walkway with shops along the sides			x
Avenue	Ave	Broad roadway, usually planted on each side with trees	x
Boulevard	Blvd	Wide roadway, well paved, usually ornamented with trees and grass plots	x
Circle	Cir	Roadway that generally forms a circle, or a short enclosed roadway bounded by a circle	x	x
Close	Cl	Short enclosed roadway		x
Court	Crt	Short enclosed roadway, usually surrounded by buildings		x
Crescent	Cres	Crescent shaped roadway, especially where both ends join the same thoroughfare	x
Drive	Dr	Wide main roadway without many cross-streets	x
Esplanade	Esp	Level roadway along the seaside, lake, or a river	x
Glade	Gld	Roadway usually in a valley of trees	x	x
Green	Grn	Roadway often leading to a grassed public recreation area		x
Grove	Grv	Roadway that features a group of trees standing together		x
Highway	Hwy	Main thoroughfare between major destinations	x
Lane	Lane	Narrow roadway between walls, buildings or a narrow country roadway	x	x	x
Loop	Loop	Roadway that diverges from and rejoins the main thoroughfare	x
Mall	Mall	Wide walkway, usually with shops along the sides			x
Mews	Mews	Roadway in a group of houses		x
Parade	Pde	Public roadway or promenade that has good pedestrian facilities along the side	x
Place	Pl	Short, sometimes narrow, enclosed roadway		x
Promenade	Prom	Wide flat walkway, usually along the water's edge			x
Quay	Qy	Roadway alongside or projecting into water	x	x
Rise	Rise	Roadway going to a higher place or position	x	x
Road	Rd	Open roadway primarily for vehicles	x
Square	Sq	Roadway which generally forms a square shape, or an area of a roadway bounded by four sides	x	x
Steps	Stps	Walkway consisting mainly of steps			x
Street	St	Public roadway in an urban area, especially where paved and with footpaths and buildings along one or both sides	x
Terrace	Tce	Roadway on a hilly area that is mainly flat	x	x
Track	Trk	Walkway in a natural setting			x
Walk	Walk	Thoroughfare for pedestrians			x
Way	Way	Short enclosed roadway		x	x
Wharf	Whrf	A roadway on a wharf or pier	x	x	x

4.4 Road 2 to be named Canary Place is a short Cul-de-sac, therefore the use of the street suffix “Place” and its descriptor “Short, sometimes narrow, enclosed roadway” is appropriate. Road 6 to be named Cumberland Crescent is an open ended crescent shaped road, therefore the use of the suffix “Crescent” and its descriptor “Crescent shaped roadway, especially where both ends join the same thoroughfare” is appropriate.

5. Alternative names

The applicant provided Tulip Place and Bombay Way as alternative names for Road 2, and Beechwood Crescent and Monterey Crescent as alternative names for Road 6. Tulip continues the Isel Park tree theme, and Bombay is the name of a ship that brought early settlers to the region in 1842. Beechwood and Monterey also relate to trees planted in Isel Park in the 1850’s. All alternative names comply with the 2008 draft Road Naming Policy principles/criteria and the Australian/ NZ standard for road types.

6. Options

6.1 The Hearing Panel has three options:

6.1.1 To approve the names Canary Place and Cumberland Crescent; or

6.1.2 To approve an alternative name from the options provided; or

6.1.3 To decline the proposed names and to ask the applicant to submit alternative names.

6.2 Council officers recommend approving “Cumberland Crescent and Canary Place” as they are consistent with the 2008 draft Road Naming Policy and the Australian/New Zealand standards.

Attachments

Attachment 1: 1366331260-217964 RM155023 Marsden Park - street naming scheme plan 10 Oct 23 ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974.

Consistency with Community Outcomes and Council Policy

The decision in this report supports the community outcome that our Council provides leadership and fosters partnerships, a regional perspective and community engagement.

Risk

This is a low-risk decision as checks have been carried out to ensure that the proposed road names will not cause confusion to the public or to emergency services, if there are existing or similar names. The name will not cause offence

Financial impact

No additional resources are required.

Degree of significance and level of engagement

This matter is of low significance because there are no impacts on any private person. Tasman District Council officers have been consulted and there are no issues with the use of Canary Place and Cumberland Crescent or their alternatives.

Climate Impact

Not applicable for the naming of roads in an approved subdivision

Inclusion of Māori in the decision making process

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

Legal context

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974.

Delegations

The Hearing Panel has the following delegations to consider:

Areas of Responsibility:

· Matters relating to naming features within the City.

Powers to decide:

· 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 (5.19.3).