Agenda of Council - Thursday, 7 December 2023

Nelson City Council

7 December 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. Mayor's Report

The Mayor’s Report will be circulated separately.

6. Uniquely Nelson Annual Report 2022/23 8 - 37

Document number R27945

Recommendation

That the Council

1. Receives the report Uniquely Nelson Annual Report 2022/23 (R27945) and its attachments (839498445-17810 and 839498445-17961); and

2. Notes the Uniquely Nelson Annual Report 2022/23 (839498445-17810 and 839498445-17961) is sufficient to provide Council with an overview of its activities during the 2022/23 year.

7. Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu 38 - 55

Document number R28126

Recommendation

That the Council

1. Receives the report Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu (R28126) and its attachment (1736347531-14169); and

2. Approves the draft Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu (1736347531-14169); and

3. Approves His Worship the Mayor Hon Dr Smith signing the Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu on behalf of Nelson City Council.

8. Review of Development Contributions Policy 2021 56 - 148

Document number R28040

Recommendation

That the Council

1. Receives the report Review of Development Contributions Policy 2021 (R28040) and its attachments (336940202-7881 and 336940202-7816).

2. Approves the draft Development Contributions Policy 2024 and consultation document for consultation in accordance with sections 106, 82 and 82A of the Local Government Act 2002; and

3. Approves the consultation approach (set out in paragraph 4.10 – 4.12) and agrees:

a. the plan includes sufficient steps to ensure the Consultation Document will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b. the plan will result in the Consultation Document being as widely publicised as is reasonably practicable as a basis for consultation.

4. Agrees that His Worship Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments required to the Draft Development Contributions Policy 2024 (336940202-7881) prior to it being made available for public consultation.

9. Update to Delegations Register - Traffic and Parking Bylaw 149 - 151

Document number R28177

Recommendation

That the Council

1. Receives the report Update to Delegations Register - Traffic and Parking Bylaw (R28177); and

2. Delegates the Hearing Panel the power to make resolutions under the Nelson City Council Traffic and Parking Bylaw in accordance with Part 2 of the Bylaw (https://www.nelson.govt.nz/assets/Our-council/Downloads/bylaws/bylaw-207/Nelson-City-Council-Traffic-and-Parking-Bylaw-2023.pdf ).

10. Exceptions to the Road Occupation Policy 152 - 156

Document number R28149

Recommendation

That the Council

1. Receives the report Exceptions to the Road Occupation Policy (R28149); and

2. Delegates to the Chief Executive the power to make decisions on applications for new structures on road reserve taking into account the criteria set out in paragraph 4.8 of Report R28149; and

3. Notes in accordance with section 80 of the Local Government Act 2002, that it is anticipated that the Chief Executive may grant applications for new structures on road reserve and that:

a. This is inconsistent with the current Road Occupation Policy 2006 that prohibits any new structures on road reserve;

b. This prohibition is impractical for reasons including Nelson topography and reasonable development needs;

c. Officers intend to submit a new policy applying to road occupation for consideration by Council during 2025; and

d. An efficient mechanism for enabling consideration of any new applications is required in the meantime.

4. Approves that the Officer Delegations Register be updated to reflect any decision Council makes with respect to delegating to the Chief Executive the power to consider and make decisions on applications for new structures on road reserve.

11. August 2022 Extreme Weather Event Recovery - Quarterly Update 157 - 168

Document number R28020

Recommendation

That the Council

1. Receives the report August 2022 Extreme Weather Event Recovery - Quarterly Update
(R28020) and its attachment (1590798627-934); and

2. Approves, retrospectively, unbudgeted expenditure to 30 June 2023, following the closing of the 2022/23 financial year and final reconciliation, as part of the August 2022 extreme weather event recovery of $23.6M; and

3. Approves, retrospectively, unbudgeted expenditure to 30 June 2023, following the closing of the 2022/23 financial year and final reconciliation, as part of the May 2023 weather event of $1.75M; and

4. Approves bringing forward $5.4M from 2024/25 to 2023/24 to enable works on slips originating on Council land to progress.

Confidential Business

12. Exclusion of the Public

Recommendation

That the Council

1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that name and name remain after the public has been excluded, for Item# of the Confidential agenda (item title), as he/she/they has/have knowledge relating to (description) that will assist the meeting.

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	August 2022 Extreme Weather Event Recovery - Minor Land purchase	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	August 2022 Extreme Weather Event Recovery - Land purchase	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 · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

August 2022 Extreme Weather Event Recovery - Minor Land purchase

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)

August 2022 Extreme Weather Event Recovery - Land purchase

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

· Section 7(2)(i)

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

Karakia Whakamutanga

Item 7: Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu

Council

7 December 2023

Report Title: Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu

Report Author: Pania Lee - Kaihautu

Report Authoriser: Nicky McDonald - Group Manager Strategy and Communications

Report Number: R28126

1. Purpose of Report

1.1 The purpose of this report is to seek the Council’s approval for the Mayor to sign the Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu (Partnership Agreement) (substantially in the proposed form set out in Attachment 1) on behalf of the Council.

2. Summary

2.1 The Partnership Agreement is a high-level agreement to be entered into between Ngā Iwi o Te Tauihu (iwi) and Ngā Kaunihera o Te Tauihu (councils):

· Te Pātaka a Ngāti Koata Trust

· Te Rūnanga o Ngāti Rārua

· Ngāti Tama ki Te Waipounamu

· Te Ātiawa o te Waka-a-Māui

· Te Rūnanga o Toa Rangatira

· Te Rūnanga o Ngāti Kuia

· Ngāti Apa ki Te Rā Tō

· Te Rūnanga a Rangitāne o Wairau

· Te Kaunihera o Whakatū / Nelson City Council

· Te Kaunihera o Te Tai o Aorere / Tasman District Council, and

· Te Kaunihera ā-Rohe o Wairau / Marlborough District Council

2.2 The Partnership Agreement is intended to provide a platform for a stronger Te Tauihu o te Waka-a-Māui (Te Tauihu/top of the South), by affirming a strong partnership between iwi and councils to enhance the wellbeing of Te Tauihu now and into the future.

2.3 The partners under the Partnership Agreement are driven by a shared desire to realise the full potential of Te Tauihu, to protect and enhance the Te Tauihu region as a whole and give effect to the principles of Te Tiriti o Waitangi within this region.

2.4 The Partnership Agreement sets out a moemoeā (vision):

We are the people of Te Tauihu. Together, we care for the health and wellbeing of our people and our places. We will leave our taonga in a better state than when it was placed in our care, for our children and the generations to come.

2.5 Within the Partnership Agreement are high level principles; protocols; practices; and implementation pathways, to give effect to the vision.

2.6 By signing the Partnership Agreement, the Council is able to show its support for the vision. There is no financial commitment involved.

2.7 Officers understand that:

2.7.1 the Partnership Agreement is to be signed at the Te Tauihu Iwi Chairs and Mayors Forum hui scheduled for 12 December 2023; and

2.7.2 there are not expected to be any substantive changes to the document prior to it being presented to all parties for signing (however, there may be some minor changes for clarity and layout purposes).

3. Recommendation

That the Council

1. Receives the report Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu (R28126) and its attachment (1736347531-14169); and

2. Approves the draft Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu (1736347531-14169); and

3. Approves His Worship the Mayor Hon Dr Smith signing the Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu on behalf of Nelson City Council.

4. Background

4.1 Since 2019, there has been ongoing dialogue and efforts to develop a partnership agreement between councils and the eight iwi in Te Tauihu. No such agreement currently exists, with the exception of the Memorandum of Understanding (MOU) between Ngā Tangata Whenua o Whakatū and Nelson City Council 2005 with six iwi and one council. This MOU is 18 years old and does not reflect the progression of our partnership to where it is today as collective partners across Te Tauihu.

4.2 In 2022, it was agreed by the Te Tauihu Iwi Chairs and Mayors Forum involving the eight Te Tauihu iwi and the three councils of their shared desire to develop a collective Partnership Agreement.

4.3 Since that decision was made there have been several meetings with iwi and councils at governance and Chief Executive Officer levels to co-design a draft Partnership Agreement. This included a council workshop with elected members on 1 September 2023.

5. Discussion

5.1 The Partnership Agreement recognises the important and unique roles that both iwi and councils play in the cultural, social, environmental and economic wellbeing of Te Tauihu and seeks to weave these aspirations more closely together, to strengthen Te Tauihu as a region and deliver shared aspirations more effectively.

5.2 The Partnership Agreement is an aspirational document which, while establishing a vision, principles, protocols and practices and implementation pathways, does not include any new financial commitments.

5.3 Officers understand that any specific contractual obligations flowing from the strengthened relationships that the Partnership Agreement envisions and aspires to would be entered into between individual councils and iwi.

5.4 At Council meetings, Tasman District Council resolved to support their Mayor to sign the Partnership Agreement on 22 November 2023. Marlborough District Council will consider the item on 4 December 2023.

Options

5.5 The options are outlined in the following table:

Option 1: Approve the Mayor signing the Partnership Agreement
Advantages	· Provides a platform for a stronger Te Tauihu, by affirming a strong partnership between iwi and Councils to enhance the wellbeing of Te Tauihu now and into the future
Risks and Disadvantages	· None
Option 2: Not approve the Mayor signing the Partnership Agreement
Advantages	· None
Risks and Disadvantages	· A key opportunity to strengthen the partnership relationship between the Council and iwi would be lost. · A negative signal to iwi, the community, and other councils about Nelson City Councils approach to working with iwi.

5.6 Option 1 is recommended.

6. Conclusion

6.1 The Partnership Agreement is intended to strengthen the relationship between the eight Te Tauihu iwi and three councils based on Te Tiriti o Waitangi setting a foundation of values and principles that outline how we are all going to work together in a mana enhancing way.

6.2 The Partnership Agreement builds on the work of many to establish meaningful relationships, strengthen ties and work together to achieve better outcomes within their communities.

6.3 Entering into the Partnership Agreement will be beneficial for the councils and the communities of Te Tauihu.

7. Next Steps

7.1 Once the proposed resolution is passed, officers will confirm to iwi and the other councils that the Mayor has approval to sign the Partnership Agreement.

7.2 The Mayor will sign the Partnership Agreement at the Te Tauihu Iwi Chairs and Mayors Forum hui on 12 December 2023.

Attachments

Attachment 1: 1736347531-14170 - Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu ⇩

Important considerations for decision making

Fit with Purpose of Local Government

In performing its role, there are several obligations under the LGA 02 concerning Māori (see legal context).

The Partnership Agreement recognises the important and unique roles that both iwi and councils play in the cultural, social, environmental and economic wellbeing of Te Tauihu and seeks to weave these aspirations more closely together, to strengthen Te Tauihu as a region and deliver shared aspirations more effectively.

Consistency with Community Outcomes and Council Policy

Entering into the Partnership Agreement is in alignment with the Council’s Statement on Fostering Māori Partnership in Council Decision-Making, the Memorandum of Understanding between Local Government New Zealand, and the Iwi Chairs Forum, signed in 2015.

It also supports Council’s Community Outcomes, in particular:

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

· Our natural environment is healthy and protected

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

Risk

Entering into the Partnership Agreement is a low-risk decision. However, declining to enter into the Partnership Agreement could undermine ongoing relationships with Iwi.

Financial impact

There are no budgetary implications of this decision.

Degree of significance and level of engagement

While Council entering into the Partnership Agreement is meaningful and important, and of high significance to iwi in terms of the Significance of Engagement Policy it is of lower significance to the general community and therefore no wider community engagement is required.

Climate Impact

No impact on climate change considerations.

Inclusion of Māori in the decision making process

Iwi have been extensively involved in the development of the Partnership Agreement.

The Partnership Agreement acknowledges the impacts of colonisation on tangata whenua and seeks to continue on a pathway of restoration and reconciliation, to secure a healthier and stronger long-term partnership for the benefit of all people of Te Tauihu.

Legal context

The key obligation is in section 81 of the LGA 02, which provides:

Contributions to Decision-making Processes by Māori

(1) A local authority must –

(a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and

(b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority; and

(2) A Local authority, in exercising its responsibility to make judgements about the manner in which subsection (1) is to compiled with, must have regard to –

(a) the role of the local authority, as set out in section 11; and

(b) such other matters as the local authority considers on reasonable grounds to be relevant to those judgements.

The Council also has more specific obligations concerning Māori involvement in consultation and decision-making. Section 82(2) of the LGA 02 requires the Council to "ensure that it has in place processes for consulting with Māori" that comply with the principles of consultation in section 82(1). Also, section 77 sets out the matters that the Council must address in any decision-making process: in addition to identifying all reasonably practicable options and assessing those options, the Council is obliged to take certain matters concerning Māori into account where they are relevant. Section 77(1)(c) provides:

A local authority must, in the course of the decision-making process, … if any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga.

Participation by Māori is also recognised in the key principles that apply to local authorities under section 14 of the LGA 02. Section 14(1)(d) requires the Council to act in accordance with the following principle when performing its role: “A local authority should provide opportunities for Māori to contribute to its decision-making processes”. Typically this principle will be satisfied by the Council meeting its particular obligations in sections 81, 82(2), and 77(1)(c) outlined above.

Section 4 of the LGA 02 provides some context for these particular obligations:

In order to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes.

Delegations

The decisions contained in this report are within the Council’s area of responsibility.

Item 8: Review of Development Contributions Policy 2021

Council

7 December 2023

Report Title: Review of Development Contributions Policy 2021

Report Author: Martin Kozinsky - Senior City Development Adviser

Report Authoriser: Mandy Bishop - Group Manager Environmental Management

Report Number: R28040

1. Purpose of Report

1.1 To consider the draft Development Contributions Policy 2024 and to approve for public consultation, concurrently with the Long Term Plan 2024-2034 (LTP), the draft Development Contributions Policy 2024 and consultation document.

2. Recommendation

That the Council

1. Receives the report Review of Development Contributions Policy 2021 (R28040) and its attachments (336940202-7881 and 336940202-7816).

2. Approves the draft Development Contributions Policy 2024 and consultation document for consultation in accordance with sections 106, 82 and 82A of the Local Government Act 2002; and

3. Approves the consultation approach (set out in paragraph 4.10 – 4.12) and agrees:

b. the plan will result in the Consultation Document being as widely publicised as is reasonably practicable as a basis for consultation.

3. Background

3.1 Development Contributions (DCs) are a financial mechanism outlined in Section 197AA of the Local Government Act 2002 (LGA) which:

“…enables territorial authorities to recover from those persons undertaking development a fair, equitable, and proportionate portion of the total cost of capital expenditure necessary to service growth over the long term.”

3.2 DCs can be collected to fund the portion of capital expenditure that is attributable to growth for the following projects:

3.2.1 Reserve land and improvements

3.2.2 Network infrastructure

3.2.3 Community infrastructure

3.3 Without development contributions, infrastructure upgrades would need to be funded by ratepayers.

3.4 The current 2021 Development Contributions Policy (2021 Policy) was adopted by Council on 24 June 2021, as part of the Long Term Plan 2021-2031 process. Page 6 of the 2021 Policy provides:

“It is anticipated that this policy will be reviewed, and if necessary amended, at least every three years as part of the LTP process.”

3.5 A review of the 2021 Policy has been carried out by Council officers with the assistance of a consultant for financial analysis. The review process also included a workshop with elected members and discussions with the development community.

4. Discussion

4.1 A summary of current and proposed DCs, are shown below:

	Draft 2024 Policy (excl. GST)		2021 Policy (excl. GST)
Category	Intensification	Greenfield	Intensification	Greenfield
Stormwater	$7,540	$7,540	$5,900	$5,900
Wastewater	$8,340	$8,340	$6,630	$6,630
Water supply	$4,370	$4,370	$3,610	$3,610
Transportation	$3,550	$3,550	$1,720	$1,720
Community Infrastructure	$2,250	$2,250	$2,430	$2,430
Infrastructure total	$26,110	$26,110	$20,290	$20,290
Neighbourhood reserves (greenfield)	$ -	$12,246	$ -	$10,725
Neighbourhood reserves improvement (intensification)	$270	$ -	$260	$ -
General reserves	$1,670	$1,670	$790	$790
Reserves total	$1,940	$13,916	$1,050	$11,515
Total	$28,060	$40,026	$21,340	$31,805

4.1.1 The 2024 values are based on the first draft of LTP projects (from 28 August 2023) and will be revised to align with the version of the LTP that goes out for consultation.

4.1.2 The difference in costs between the 2021 Policy and the draft Policy reflect the increase of growth infrastructure costs in the LTP.

4.1.3 The neighbourhood reserves contributions for greenfield sites are calculated using the median per square metre section sales price of bare greenfield residential sections sold in the previous calendar year. The value in the table above reflects the median for 2023 (up until September) and will be revised once sales information from December 2023 is available.

Proposed amendments in the draft Policy

4.2 The draft Policy (Attachment 1) includes the following proposed amendments:

4.2.1 Exemptions for iwi trusts undertaking social housing developments.

4.2.2 Exemption for developers undertaking social housing on behalf of Community Housing Providers, Iwi Trusts, or the Crown.

4.2.3 A clause to acknowledge how the draft Policy supports the principles set out in the preamble to Te Ture Whenua Māori Act 1993.

4.2.4 General improvements to the wording of the Policy to make it easier to understand and administer

4.3 For ease of reference, the proposed amendments are tracked and highlighted yellow in the attached draft Policy.

Proposed exemptions for iwi trusts undertaking social housing developments

4.4 The 2021 Policy includes an exemption for social housing developments undertaken by a Community Housing Provider that is registered with the Community Housing Regulatory Authority.

4.5 At the 15 December 2022 Council meeting, Council directed staff to expand this exemption, as part of the next Policy review, to include social housing developments undertaken by iwi trusts. Council resolved as follows:

Resolved CL/2022/279

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.

4.6 A proposed amendment to include an exemption for iwi trusts undertaking social housing developments is included in section 7.1 of the draft Policy. The advantages and disadvantages of the proposed amendment are included in the table below.

Option 1: Include proposed amendment to exempt iwi trusts undertaking social housing developments (preferred)
Advantages	· Aligns with Council’s commitment to partner with iwi · May incentivise development of social housing · Consistent with the exemptions Council provides to other providers of social housing · Consistent with previous Council resolutions
Risks and Disadvantages	· Council may collect less in DCs; however, this sum is expected to be marginal · Increases development contributions for other developers
Option 2: Do not include proposed amendment to exempt iwi trusts undertaking social housing developments
Advantages	· The cost of growth-related infrastructure is funded by the developments that create the demand · Development contribution for other developers is not increased
Risks and Disadvantages	· May be detrimental to iwi-Council relationships · May disincentivise the development of social housing · Inconsistent with previous Council resolutions · Creates a fairness and equity issue with other social housing providers (CHPs) that are eligible for an exemption

Proposed exemptions for developers undertaking social housing developments for Community Housing Providers, Iwi Trusts, or the Crown.

4.7 The 2021 Policy sections 7.1 and 7.2 exempt social housing developments undertaken by Community Housing Providers and the Crown (as well as iwi trusts, proposed above ), where the organisation in question own the land and are undertaking the development directly.

4.8 Social housing providers may opt to purchase housing from a private developer for the purpose of social housing, rather than undertake the development themselves; however, the current Policy does not explicitly exempt this activity.

4.9 A proposed amendment to clarify that developers undertaking social housing developments for Community Housing Providers, Iwi Trusts, or the Crown will be exempt, is included in section 7.1 of the draft Policy. The advantages and disadvantages of the proposed amendment are set out in the table below.

Option 1: Include proposed amendment to exempt developers undertaking social housing development for community housing providers, iwi trusts or the Crown (preferred)
Advantages	· May incentivise development of social housing · Consistent with the exemptions Council provides to other providers of social housing.
Risks and Disadvantages	· Council may collect less in DCs · Increases development contributions for other developers
Option 2: Do not include proposed amendment to exempt developers undertaking social housing development for community housing providers, iwi trusts or the Crown
Advantages	· The cost of growth-related infrastructure is funded by the developments that create the demand · Development contribution for other developers is not increased
Risks and Disadvantages	· May disincentivise the development of social housing

Proposed acknowledgement of support of principles in preamble to Te Ture Whenua Māori Act 1993

4.10 Section 102(3a) of the Local Government Act 2002 requires Council policies to support the principles set out in the preamble to Te Ture Whenua Māori Act 1993. Section 102 (3a) requires that, “The following policies must also support the principles set out in the Preamble to Te Ture Whenua Māori Act 1993: (a) the revenue and financing policy, the policy on development contributions or financial contributions…”

4.11 The LGA (Clause 22, Part 4, Schedule 1AA) requires that development contribution policies be compliant by 1 July 2024.

4.12 The preamble to Te Ture Whenua Māori Act 1993 reads:

Whereas the Treaty of Waitangi established the special relationship between the Māori people and the Crown: And whereas it is desirable that the spirit of the exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed: And whereas it is desirable to recognise that land is a taonga tuku iho of special significance to Māori people and, for that reason, to promote the retention of that land in the hands of its owners, their whanau, and their hapū, and to protect wahi tapu: and to facilitate the occupation, development, and utilisation of that land for the benefit of its owners, their whānau, and their hapū: And whereas it is desirable to maintain a court and to establish mechanisms to assist the Māori people to achieve the implementation of these principles.

4.13 The Development Contributions Policy already supports these principles through the existing exemption for development undertaken at Whakatū Marae as this facilitates development and utilisation of that land for the benefit of its owners, their whānau, and their hapū. Further support for the principles can be achieved through the proposed amendment to include an exemption for iwi trusts undertaking social housing developments at other locations.

4.14 A proposed amendment to acknowledge that the draft Policy supports the principles set out in the preamble to Te Ture Whenua Māori Act 1993 is included in section 9 of the draft Policy. The advantages and disadvantages of the proposed amendment are set out in the table below.

Option 1: Include proposed amendment to acknowledge support of the principles in the preamble to Te Ture Whenua Māori Act 1993 (preferred)
Advantages	· Compliance with legislative requirement · Aligns with Council’s partnership with iwi
Risks and Disadvantages	· None
Option 2: Do not include proposed amendment to acknowledge support of the principles in the preamble to Te Ture Whenua Māori Act 1993
Advantages	· None
Risks and Disadvantages	· Fail to meet legislative requirements · Contradicts Council’s partnership with iwi

Consultation Process

4.15 When adopting a Development Contributions Policy, Council must consult using a process that gives effect to the requirements of section 82 of the LGA. It is recommended that Council consults on the draft Policy at the same time as it consults on the Long Term Plan 2024-2034.

4.16 The consultation process will include online publication of the draft Policy and consultation document. Hard copies of the documents will also be made available. The consultation will be open for at least one month during which time, the community will have the opportunity to make submissions. This will be followed by hearings where submission will be heard.

4.17 The consultation timings for the draft Policy will be decided when the Long Term Plan consultation approach is approved.

5. Options

5.1 Council’s options for consideration are summarised below. Option 1, that the draft Policy and consultation document be approved for public consultation to be run concurrently with consultation on the Long Term Plan 2024-2034, is preferred.

Option 1: Approve the draft Policy and consultation document for consultation (preferred)
Advantages	· Provides an opportunity to seek the community’s feedback on the draft Policy · Consultation on the draft Policy can be undertaken at the same time as consultation on the LTP
Risks and Disadvantages	· None
Option 2: Make additional proposed amendments to the draft Development Contributions Policy 2024
Advantages	· Additional proposed amendments can be included in draft Policy · Our Community has the opportunity to submit on additional proposed amendments
Risks and Disadvantages	· Time and staff resources required to include additional proposed amendments in the draft Policy · Consultation may be delayed, and the Policy may not be adopted in time to meet statutory requirements

6. Conclusion

6.1 The draft Policy incorporates proposed amendments to improve the existing 2021 Policy and updates the DCs to reflect the growth portion of projects in the LTP. Officers recommend that the draft Policy and consultation document be approved for public consultation.

7. Next Steps

7.1 Consultation on the draft Policy will be undertaken at the same time as the Long Term Plan 2024-2034 consultation process.

7.2 The timing for next steps is still under development (dependant on the LTP), but will follow the below process:

7.2.1 Finalise financial information

7.2.2 Undertake consultation at the same time as the Long Term Plan 2024-2034 consultation

7.2.3 Analyse submissions

7.2.4 Hearings

7.2.5 Prepare deliberations report

7.2.6 Council deliberations and adoption of final Policy 2024. The new Policy will come into effect on 1 July 2024.

Attachments

Attachment 1: 336940202-7881 - Draft Development Contributions Policy 2024 ⇩

Attachment 2: 336940202-7816 - Development Contributions Policy 2024 - Draft Consultation Document ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The adoption of a Development Contributions Policy is required under the LGA 2002 s102.

Consistency with Community Outcomes and Council Policy

The draft Policy aligns with the Community Outcome “Our infrastructure is efficient, cost effective and meets current and future needs.”

Risk

It is expected that the Policy will continue to achieve Council’s objectives. It has been selected as the best mechanism to ensure the cost of growth is apportioned to those who have created the need for that cost. The outcome of the Policy is to avoid the risk of a funding deficit to meet the cost of growth for network infrastructure and community facilities. Without the Policy the cost of growth would have to be covered by general rates or by some other charge.

Financial impact

Development contributions are only a small source of Council’s total revenue. If DCs were to be removed altogether there would be an additional financial burden on rates or some other means to meet the funding gap. The rationale behind the draft Policy is that those who cause the need for new infrastructure and services pay their share of that cost.

Degree of significance and level of engagement

The Draft Policy has been assessed as having a medium-high degree of significance due to the impact Council’s revenue and costs decisions have on the community. Council is required to consult on the draft Policy in accordance with section 82 of the LGA, and consultation will run alongside the Special Consultative Procedure that will be followed for the Long Term Plan 2024-2034 process.

Climate Impact

The Draft Policy supports the provision of intensification within the existing urban built environment in response to the community’s concerns regarding the effects of greenfield development on climate change.

Inclusion of Māori in the decision making process

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

Legal context

Council has power to make this decision undersection 106 of the LGA. The legal process that applies to this decision is that Council must approve a draft Policy for consultation (under sections 106, 82 and 82A of the LGA) and decide the consultation process which is to occur on the draft Policy. Following the consultation process, Council will need to adopt the final Development Contributions Policy prior to adopting the Long Term Plan 2024-2034.

Delegations

This is a matter for Council.

Item 9: Update to Delegations Register - Traffic and Parking Bylaw

Council

7 December 2023

Report Title: Update to Delegations Register - Traffic and Parking Bylaw

Report Author: Matt Bruce - Team Leader Transport and Solid Waste

Report Authoriser: Alec Louverdis - Group Manager Infrastructure

Report Number: R28177

1. Purpose of Report

1.1 To approve and update the Delegations Register to reflect the latest Traffic and Parking Bylaw.

2. Recommendation

That the Council

1. Receives the report Update to Delegations Register - Traffic and Parking Bylaw (R28177); and

2. Delegates the Hearing Panel the power to make resolutions under the Nelson City Council Traffic and Parking Bylaw in accordance with Part 2 of the Bylaw (https://www.nelson.govt.nz/assets/Our-council/Downloads/bylaws/bylaw-207/Nelson-City-Council-Traffic-and-Parking-Bylaw-2023.pdf ).

3. Background

3.1 Authority to make changes to the schedules of the Parking and Vehicle Control Bylaw is delegated to the Hearing Panel. This bylaw has been revoked, and Council has made a new bylaw: the Traffic and Parking Bylaw which came into effect on 3 November 2023.

3.2 In the Traffic and Parking Bylaw, Council may make resolutions in respect of the types of matters that were included in the schedules to the now-revoked Parking and Vehicle Control Bylaw (such as addition of no stopping lines and installation of stop signs). To ensure that Hearing Panel continues to have authority to exercise Council’s power on these types of matters, the delegations register needs to be updated so that Hearing Panel may make resolutions under the Traffic and Parking Bylaw in accordance with Part 2 of the bylaw.

4. Discussion

4.1 Updates by way of resolution to the latest Traffic and Parking Bylaw must be made regularly to ensure that the bylaw is up-to-date and is legally enforceable. Changes come because of new subdivisions, capital projects, safety issues and or operational changes to Councils roads and or parking systems. There is a reasonable volume of changes, with reports generated every 2-3 months.

4.2 Officers recommend that the delegation remain with the Hearing Panel as this is the most appropriate place for proposals to be heard as the matters that may be regulated, controlled, or prohibited by Council by resolution generally, under the Bylaw, are operational in nature.

4.3 Officers propose that the Delegations Register (NDOCS-1974015928-884) should be updated to delegate to Hearing Panel the power to make resolutions under the Traffic and Parking Bylaw, in accordance with Part 2 of the bylaw (https://www.nelson.govt.nz/assets/Our-council/Downloads/bylaws/bylaw-207/Nelson-City-Council-Traffic-and-Parking-Bylaw-2023.pdf ).

5. Options

5.1 Council has two options: To update the Delegations Register or not. Officers support approval of amending the Delegations Register.

Option 1: Status Quo
Advantages	· None.
Risks and Disadvantages	· All resolutions under Traffic and Parking Bylaw would have to be made by full Council. · This would mean that a large volume of operational work would have to go to full Council for decision.
Option 2: Update Haring Panel Delegations
Advantages	· Ensures that the Hearing Panel has authority to make resolutions under the Bylaw that are defensible in court. · Frees up Council to focus on strategic issues and the long term needs of Nelson.
Risks and Disadvantages	· None.

Attachments

Nil

Important considerations for decision making

Fit with Purpose of Local Government

Adoption of the proposed delegations assists Council in enabling democratic decision-making as efficiently and effectively as possible.

Consistency with Community Outcomes and Council Policy

Adoption of the proposed delegations 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 proposed delegations.

Degree of significance and level of engagement

This matter is of low significance. It relates processes necessary for good governance and are largely administrative in character. Therefore, no public engagement is required.

Climate Impact

This decision will have no impact on the ability of the Council 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.

Legal context

Council has power to make this decision.

Delegations

This matter sits with Council.

Item 10: Exceptions to the Road Occupation Policy

Council

7 December 2023

Report Title: Exceptions to the Road Occupation Policy

Report Author: Matt Bruce - Team Leader Transport and Solid Waste

Report Authoriser: Alec Louverdis - Group Manager Infrastructure

Report Number: R28149

1. Purpose of Report

1.1 To consider and approve delegating authority to the Chief Executive to approve applications for new structures on legal road as exceptions to the current Road Occupation Policy (Policy), pending the development of a new policy.

2. Recommendation

That the Council

1. Receives the report Exceptions to the Road Occupation Policy (R28149); and

2. Delegates to the Chief Executive the power to make decisions on applications for new structures on road reserve taking into account the criteria set out in paragraph 4.8 of Report R28149; and

3. Notes in accordance with section 80 of the Local Government Act 2002, that it is anticipated that the Chief Executive may grant applications for new structures on road reserve and that:

a. This is inconsistent with the current Road Occupation Policy 2006 that prohibits any new structures on road reserve;

b. This prohibition is impractical for reasons including Nelson topography and reasonable development needs;

c. Officers intend to submit a new policy applying to road occupation for consideration by Council during 2025; and

d. An efficient mechanism for enabling consideration of any new applications is required in the meantime.

3. Background

3.1 Council, as Road Controlling Authority (RCA), is responsible for managing legal road to provide for the lawful passage of the public and as a corridor for public and utility infrastructure. This includes unformed road, formed road, road reserve and footpaths. This is undertaken and controlled through the Council’s current Road Occupation Policy 2006 (the Policy).

3.2 The current Policy does not allow any new structures on road reserve. Allowing new structures on road reserve would be inconsistent with this Council approved policy. Given this inconsistency, such decisions are currently not made by officers and require a separate report and resolution by full Council.

3.3 This Policy is due for revision and that has yet to commence due to resourcing and priority issues. However, Council are still receiving applications from individuals, to construct structures on road reserve (including for reasons of access to property and the like) and to avoid writing individual reports and pending a new policy this report recommends delegation be given to the Chief Executive to consider and make decisions as an interim measure.

4. Discussion

4.1 The intention of a new policy will consider a more enabling approach to private occupation of legal road, but the development of a new policy is still some way off with focus on the August 2022 recovery and the LTP.

4.2 The development of a new policy will require elected members input and formal public consultation.

4.3 In the interim, the current policy remains in force, does not allow new structures on road reserve and has no simple process to consider applications from individuals for structures on road reserve - some for valid reasons. Nelson has many steep hillsides with a lack of easily available space for driveways and retaining walls that require access across and use of legal road.

4.4 Considering and potentially approving new structures on road reserve is inconsistent with the prohibition under the current policy. Section 80 of the Local Government Act 2002 (LGA 02) requires that if a Council decision is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent, any Council policy, it must when making the decision clearly identify:

4.4.1 The inconsistency;

4.4.2 The reasons for the inconsistency; and

4.4.3 Any intention to amend the policy to accommodate the decision.

4.5 Due to the clear inconsistency with Council approved policy, officers currently take each request to Council for a decision and that is very time consuming.

4.6 As a bridging gap, officers recommend that Council delegate authority to the Chief Executive to approve exceptions to the current Policy.

4.7 Delegating such authority to the Chief Executive would enable officers to receive, consider and potentially approve new structures on road reserve (where officers support the structure) in a timely manner that is enabling for future development and growth of our region while protecting the primary purposes of road reserve. It ensures that both officers and elected members time is used efficiently and provides greater certainly around decision making timeframes for our customers.

4.8 Officers would continue to assess applications against the broader principles of the road occupation policy, and in doing so, would consider the following (noting this is not a full or complete list):

· Future need or use of the road reserve;

· Protection to existing, or provision of future utilities;

· No unreasonable interference with rights of access between the road and private property;

· Free pedestrian and or traffic movement along the road reserve, including consultation with those who are considered materially affected by a proposed new structure, ensuring their views are considered when decisions are made; and

· Practicality of avoiding a structure in road reserve.

4.9 All new private encroachments will still be required to enter into an agreement with Council, in accordance with Councils terms, to deal with ongoing maintenance, ownership and responsibility to which ongoing fees may apply.

4.10 Resource consents, building consents and other such approvals may still be required, which remain outside of this delegation/process.

5. Options

5.1 Council has two options: Stay with the status quo or approve delegation to the Chief Executive as an interim solution. Officers support Delegation to the Chief Executive.

Option 1: Status Quo
Advantages	· Exceptions to the Policy may continue to be approved by report to and decision of Council
Risks and Disadvantages	· Officers may decline applications based on current prohibition or due to lack of resourcing to put reports up to Council for decision each time an application is received. · Customers escalate matters · Reputational risk · Growth and future developments that require structures may be withheld
Option 2: Delegate decision making to the Chief Executive as an interim measure. Recommended option.
Advantages	· Enables growth and future development to progress where appropriate · Provides a transparent and efficient process for considering applications for new structures until a new policy is adopted · Provides greater certainty to applicants
Risks and Disadvantages	· Increase in applications

6. Conclusion

6.1 The current Policy is limiting as discussed in the body of the report. Officers have recommended a way forward as an interim measure.

7. Next Steps

7.1 If delegation is given to the Chief Executive, officers will consider relevant applications and make recommendations to the Chief Executive for a decision.

7.2 If this delegation is approved, officers would update its internal processes and public facing information to guide future applicants.

Attachments

Nil

Important considerations for decision making

Fit with Purpose of Local Government

Adoption of the proposed delegations assists Council in enabling democratic decision-making as efficiently and effectively as possible.

Consistency with Community Outcomes and Council Policy

Adoption of the proposed delegations 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 proposed delegations.

Degree of significance and level of engagement

This matter is of low significance. It relates to the adoption of structures and processes necessary for good governance and are largely administrative in character. Therefore, no public engagement is required.

Climate Impact

This decision will have no impact on the ability of the Council 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.

Legal context

Council, as road controlling authority, is required to manage legal road for the safety and lawful passage of the public and as a corridor for utility infrastructure in accordance with Part 21 of the Local Government Act 1974 Council may exercise its discretion to permit structures on road reserve provided they do not interfere with any reasonably foreseeable future public use of the roadCouncil has approved a Road Occupation Policy in 2006 that does not permit any new structures on road reserve

Delegations

This matter sits with Council.

Item 11: August 2022 Extreme Weather Event Recovery - Quarterly Update

Council

7 December 2023

Report Title: August 2022 Extreme Weather Event Recovery - Quarterly Update

Report Author: Alec Louverdis - Group Manager Infrastructure

Report Authoriser:

Report Number: R28020

1. Purpose of Report

1.1 To provide Council with an update on matters relating to the August 2022 extreme weather event, May 2023 weather event and associated recovery.

1.2 To present the reconciliation of expenses incurred last financial year and to retrospectively approve that expenditure to the end of June 2023 with respect to these events.

2. Summary

2.1 Recovery is now well integrated with and embedded into the Infrastructure Capital Projects Business Unit as business-as-usual.

2.2 The Taskforce has met five times - Dec 2022, Feb/March/June/Aug and September 2023.

2.3 One navigator has been retained with the main focus dealing with landowners on a range of matters.

2.4 Excellent progress continues to be made on all recovery matters including general recovery, work on addressing slips that have originated on Council land and on Brook Street landslips matters.

2.5 Substantial effort continues on work relating to Central Government’s support package including liaison with ratepayers.

3. Recommendation

That the Council

1. Receives the report August 2022 Extreme Weather Event Recovery - Quarterly Update

(R28020) and its attachment (1590798627-934); and

4. Approves bringing forward $5.4M from 2024/25 to 2023/24 to enable works on slips originating on Council land to progress.

4. Background

4.1 The background to both the August 2022 and May 2023 events is covered in previous reports and is not replicated here.

4.2 At time of writing, there are 10 red and 69 yellow stickered properties. The yellow placards are made up of 14 Yellow 2 (entry to the building only permitted during daylight hours) and 55 Yellow 1 (entry to parts of the building or property restricted).

4.3 August 2022 event - The final costs to attend to this event with the closing of the financial year is $23.6M (previously estimated and approved at the 6 July 2023 Council meeting at $21.5M). Approval of this final figure is required in line with the Council resolution below.

4.4 May 2023 event - The final costs to attend to this event with the closing of the financial year is $1.75M (previously estimated and approved at the 6 July 2023 Council at $1.42M). Approval of this final figure is required in line with the Council resolution below.

Resolved CL/2022/252

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

5. Discussion

5.1 Reporting dashboards are appended as Attachment 1 (general update) and Attachment 2 (slips from Council land).

Funding applications

5.2 The following funding applications have been successful.

Detail	Requested	Details	Received
DiA Lottery Discretionary Fund	$150,000	Support for navigators	$150,000
Nga Haerenga the NZ Cycle Trails Fund	$354,784	Clip on bridge for Dun Mountain Coppermine Trail	$216,758

5.3 Council has been offered a Support Package from Central Government totalling $12.3M comprising:

5.3.1 Investment of up to $6M for betterment of remediating slips originating on Council land;

5.3.2 Cap of $6M towards the purchase of properties that have been severely impacted as a result of the August 2022 weather event, where the landslide risk is too high for those property owners to return to their homes and the cost to mitigate landslips is prohibitive; and

5.3.3 A contribution to ongoing Tāhunanui slump monitoring.

5.4 In this matter, Council resolved on 19 October 2023 as follows:

Resolved CL/2023/239

Agrees to enter into an agreement with the Crown (and authorises the Chief Executive to enter into an agreement with the Crown), on the following basis including:

- the $6.3M comprising betterment costs of $6M (being 50% of the betterment portion in dealing with slips that have originated on Council land) and $300,000 ($30,000/year over 10 years) towards ongoing monitoring of the Tāhunanui Slump; and

- the $6M (being 50% of the net aggregate cost to purchase up to 14 impacted properties as a result of the August 2022 weather event), subject to consultation with the community; and

5.5 The Chief Executive has written to Central Government on this matter and at time of writing is still awaiting feedback.

Legal

5.6 Potential legal claims have and will continue to be reported to the Audit, Risk and Finance committee.

Insurances

5.7 The breakdown per activity and potential cost recovery is detailed in the previous report and is not duplicated here.

5.8 The income sources and scale of recovery is shown in the table below.

Activity	Estimated claim	Comments	Amount Received
Waka Kotahi	$10.13M	Existing FAR rate increased from 51% to 71% for response. Request has been made to Waka Kotahi for a higher FAR - awaiting response.	$2.46M
NEMA	$4.9M	For wastewater, stormwater, flood protection and water (no parks & transport)	$3.1M
Council insurance	$3.5M	For parks, wastewater, stormwater and water (no flood protection & transport)	$146,000

5.9 Standard NEMA grants do not include any payment for building back better. Officers are considering a business case to NEMA to claim for betterment that will need to go to Cabinet for approval – with no government yet formed and during the interregnum period the normal business of Parliament lapses – this will take time to resolve.

5.10 Officers are working closely with its loss adjustors and whilst it is expected that it could take a year to process the claims, officers are discussing a process to secure interim progress payments. A reminder that most of the damage to land is not covered by insurance.

6. Navigators

6.1 Sixteen months on from the August 2022 weather event, offer letters are still coming through, and the navigator continues to work with New Zealand Claims Resolution Service (NZCRS) to guide people through the consent process.

6.2 There are still a number of people who are frustrated at the length of time to resolve claims leading to heightened stress and anxiety, disrupted sleep, and financial concerns.

7. Community meetings

7.1 Successful separate community meetings were held on 8 August 2023 with the residents north of Gentle Annie (Hira, Cable Bay, Lud Valley, Teal Valley) and on 22 August 2023 with the Kokorua Road residents.

7.2 A separate successful meeting was held with Brook Street residents on 1 November 2023.

8. Council Slips

8.1 Council resolved on 4 May 2023 Council to proceed with remediation work at an estimated cost of $17.2M spread out over three financial years – 22/23 ($200,000); 23/24 ($8M) and 24/25 ($9M).

8.2 $150,000 of the $200,000 has already been carried over from 2022/23 into 2023/24.

8.3 $5.4M of the $9M set aside in 2024/25 has been requested, as part of this report, to be brought back into the current financial year to keep progress on track.

9. Brook Street slips

9.1 Discussions with landowners are progressing well.

10. General

10.1 Key highlights since the last report include:

10.1.1 Completion of Devenish Place road reinstatement.

10.1.2 Tendering of Cable Bay, Glen Creek & Maitai road remedial works.

10.1.3 Commencement on site with Maitai golf course bridge replacement.

10.1.4 Completion of Slip 8 (Atmore Terrace).

10.2 The focus of work this financial year includes:

10.2.1 Continue with removing gravel from streams/rivers;

10.2.2 Re-opening roads that are currently restricted to one-way (Cable Bay, Brook Street and Maitai Valley Road);

10.2.3 Design of stormwater intake upgrades to Devenish Place & Cleveland Terrace;

10.2.4 Attending to the priority urban river/stream locations;

10.2.5 Progressing with slips from Council land; and

10.2.6 Dealing with Brook Street residents.

11. Options

11.1 In the matter of additional costs incurred to date, these are as a direct result of attending to the recovery of the weather events, and having already been spent, require retrospective Council approval.

11.2 Council approval is required to bring funding forward from a future financial year. In this case budget has been approved in future years as part of the recovery and officers are requesting budget be moved from 2024/25 back into 2023/24.

12. Conclusion

12.1 Recovery continues to remain a priority and is progressing well.

Attachments

Attachment 1: 1590798627-934 Recovery Dashboard ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The recovery works following the August 2022 extreme weather event and the May 2023 weather event fits the purpose of local Government by supporting the social, economic and environmental well-being of residents impacted by the event.

Consistency with Community Outcomes and Council Policy

The works in this report cover all the following Community Outcomes - “Our infrastructure is efficient, cost effective and meets current and future needs”; and “Our communities are healthy, safe, inclusive and resilient”; and “Our region is supported by an innovative and sustainable economy”.

Risk

The recovery effort following the August 2022 extreme weather event will reduce the risk to life and property but does pose ongoing reputational risk and risk of legal claim relating to complex issues involving Council property.

Financial impact

This report deals with costs incurred in responding to the August 2022 extreme weather event and the May 2023 weather event. Retrospective approval is required for final costs incurred to the end of June 2023.

Degree of significance and level of engagement

The matters in this report are of low significance as while the costs are significant there is an existing Council resolution approving the approach in this report. Ongoing recovery costs have been consulted on and approved in the 2023/24 Annual Plan.

Climate Impact

The recovery will consider the appropriateness of reinstating our assets to a standard to deal with future events expected as a result of climate change.

Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report but iwi have been consulted on specific remedial projects.

Legal context

There are no legal matters that need to be covered here for the purposes of this summary report.

Delegations

Matters in this report are for Council to consider.