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Notice of the Ordinary meeting of

Nelson City Council

Te Kaunihera o Whakatū


Date:                      Thursday 7 December 2023

Time:                      9.00a.m.

Location:                 Council Chamber
Floor 2A, Civic House
110 Trafalgar Street, Nelson

Supplementary Agenda

Rārangi take

Chairperson                    His Worship the Mayor Nick Smith

Deputy Mayor                 Cr Rohan O'Neill-Stevens

Members                        Cr Matty Anderson

        Cr Matthew Benge

        Cr Trudie Brand

        Cr Mel Courtney

        Cr James Hodgson

        Cr Kahu Paki Paki

        Cr Pete Rainey

        Cr Campbell Rollo

        Cr Rachel Sanson

        Cr Tim Skinner

        Cr Aaron Stallard

Quorum    7                                                                                   Nigel Philpott

Chief Executive

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision. For enquiries call (03) 5460436.


Item 5: Mayor's Report



7 December 2023


Report Title:             Mayor's Report

Report Author:         Hon Dr Nick Smith - Mayor

Report Authoriser:  

Report Number:       R28203



1.       Purpose of Report

To consider accepting submissions that Nelson City Council has received on notified Plan Change 29 (PC 29) after the close of the submission period (4pm on Tuesday, 31 October 2023).

2.       Recommendation


That the Council

1.    Receives the report Mayor's Report (R28203); and

2.    Agrees all late submissions on Plan Change 29 received up to the date of this report (7 December 2023) be accepted and included in the summary of submissions.


3.       Background

3.1      Plan Change 29 was publicly notified on 11 August 2023 to introduce more flexibility around housing policies and rules. The proposed changes to parts of the Nelson Resource Management Plan (NRMP) were made in response to population growth and demand for housing in the region, and to fulfil Council’s obligations under the previous Government’s National Policy Statement on Urban Development.

3.2      PC29 sparked a high level of public interest. When it was notified, PC29 had a closing date for submissions of 19 September 2023. Due to the high level of interest including a public meeting, Council agreed to extend the submission period to 4pm on Tuesday, 31 October 2023.

3.3      The new Coalition Government has announced changes will be made to the National Policy Statement on Urban Development with its 100-day plan saying it will make the Medium Density Residential Standards optional for councils. However, this has no effect on PC29 as the existing mandatory provisions for these apply to tier 1 councils only. Nelson is a tier 2 council. There is no indication of any change in the requirement that we make provision for 30 years of growth.

3.4      A Hearing Panel of Greg Hill (Chair), Deputy Mayor Rohan O'Neill-Stevens and Councillor Trudie Brand has been delegated the authority by Council to make a recommendation on PC29.

3.5      As part of this consideration the Hearing Panel shall take into account the following:

3.5.1           The Council’s duties under Section 37A of the Resource Management Act 1991;

3.5.2           The principles of natural justice; and

3.5.3           Any views expressed on the matter by the applicant, the submitters (including those that are late and recommended to be accepted), any other affected party, and the Council’s Reporting Officer(s).

4.       Discussion

4.1      Council received 864 submissions on PC29 by the extended closing date of 4pm on Tuesday, 31 October 2023. By comparison, the Future Development Strategy 2022 received 558 submissions and Private Plan Change 28 (the proposed Maitahi Bayview development) received 715 submissions.

4.2      Another 16 submissions on PC29 were received after the closing deadline of 31 October 2023. Of the 16 late submissions, 11 were received after 4pm on 31 October 2023. The remaining five were received between 1 and 7 November 2023.

4.3      I welcome this record number of submissions. It reflects the lively debate in Nelson on these significant changes and how much people care about the future shape of our city. Council extended the closing date for submissions, organised neighbourhood meetings and provided a Friend of Submitters to encourage as much community input as possible.

4.4      There is no prejudice to any person directly affected by the Hearing Panel by accepting the late submissions as the further submission period has not yet started, there is still an opportunity for affected landowners to lodge a further submission in support or opposition to any of the late submissions.

4.5      Everyone has or will have the opportunity to view the late submissions and make a further submission (provided they meet the requirements in Clause 8(1) of Schedule 1 of the RMA).

4.6      The late submissions raise matters that are within the scope of PC29. It is appropriate that those matters be tested through the Schedule 1 process along with all other matters raised in these submissions. The further submission period will allow adequate opportunity for the community to formally express its views on the issues raised in each of those submissions.

5.       Options

5.1      Council could agree to:

5.1.1   Accept the recommendation to accept the late submissions; or

5.1.2   Partially accept the recommendation, by accepting some of the late submissions only; or

Reject the recommendation and not accept the late submissions.





Important considerations for decision making

Fit with Purpose of Local Government

The purpose of local government is to enable decision-making on behalf of communities. Council has notified a significant Nelson Resource Management Plan Change (29) that has the potential to affect the future development of the city. This decision is about whether to receive the small number of late submissions on the proposed change to the Nelson Resource Management Plan.

Consistency with Community Outcomes and Council Policy

This decision aligns with the outcome that our urban environments are well planned and sustainably managed and that the Council fosters community engagement. Council’s notified Plan Change is a significant Council planning policy and this report addresses the Council’s willingness, or not, to accept submissions on this proposed Plan Change that were received after the closing date for submissions.


There is no prejudice to any person directly affected by the Hearing Panel by accepting the late submissions as the further submission period has not yet started, there is still an opportunity for affected landowners to lodge a further submission in support or opposition to any of the late submissions.

Financial impact

There is no financial impact on Council from deciding whether to accept the late submissions on Plan Change 29.

Degree of significance and level of engagement

This decision is of low significance given no new issues were raised in the late submissions. A decision to accept late submissions nevertheless sends an important signal that Council wants to hear from as many submitters as possible in order to ensure that the matters raised even by late submitters be included in the summary of submissions report, and that even late submitters can be part of the process going forward.

Climate Impact

There is no effect on climate change from deciding whether to accept the late submissions on Plan Change 29.

Inclusion of Māori in the decision making process

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

Legal context

·    Council has delegated powers to address process issues such as the acceptance of late submissions to the Hearing Panel on the notified Plan Change, but it is considered that this issue is of sufficient public interest that it is appropriate for the Council to make the decision on the acceptance of late submissions. Once the summary of submissions has been finalised, any submitter can lodge a further submission in support or opposition to the submissions, including late submissions.


This is a matter for Council to consider.