Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 7 December 2023, commencing at 9.03a.m.
Present: His Worship the Mayor N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, K Paki Paki, P Rainey, C Rollo, R Sanson, T Skinner and A Stallard
In Attendance: Chief Executive (N Philpott), Deputy Chief Executive/Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (M Bishop), Acting Group Manager Community Services (M Croft), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Senior Governance Adviser (H Wagener)
Apologies : Deputy Mayor O'Neill-Stevens
Karakia and Mihi Timatanga
1. Apologies
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Apologies |
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1. Receives and accepts the apologies from Deputy Mayor O'Neill-Stevens for attendance. |
2. Confirmation of Order of Business
There was no change to the order of business.
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
There was no public forum.
Document number R28203, supplementary agenda pages 2 - 6 refer.
His Worship the Mayor Hon Dr Smith took the report as read.
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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. |
6. Uniquely Nelson Annual Report 2022/23
Document number R27945, agenda pages 7 - 36 refer.
Manager, Simon Duffy, Chair, Chris Butler of Uniquely Nelson and Group Manager Strategy and Communications, Nicky McDonald took the report as read and answered questions on the virtual reality function of the webpage (https://uniquelynelson.nz/nelsonadvantage/), buddy up business support programme and development of a Nelson regional retail strategy.
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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. |
The meeting was adjourned from 9.29 a.m. until 9.32a.m.
7. Together Te Tauihu - A Partnership Agreement for a Stronger Te Tauihu
Document number R28126, agenda pages 37 - 54 refer.
In attendance were kaumātua Jane du Feu, and five Ngāti Rārua iwi representatives including Chief Executive, Shane Graham, Pou Ahurea, Barney Thomas, Trustee Kura Stafford, Pou Āwhina Tāhūhū, Vickie Barkle and Communications Manager Richard Liddicoat.
Kaihautū, Pania Lee, took the report as read and she and Johny O’Donnell answered questions on the Iwi-Council Partnership Group, development of collective action plans and the pathway forward.
Attendance: Councillor Anderson left the meeting at 9.45 a.m and Councillor Anderson and Councillor O'Neill-Stevens joined the meeting at 10.00 a.m.
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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.
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The meeting was adjourned from 10.32 a.m. until 10.47 a.m.
8. Review of Development Contributions Policy 2021
Document number R28040, agenda pages 55 - 147 refer.
Group Manager Environmental Management, Mandy Bishop and Senior City Development Adviser, Martin Kozinsky took the report as read and noted an amended officer’s recommendation to delegate authority to update the Draft Development Contributions Policy 2024 to the His Worship the Mayor and the Chief Executive. They answered questions on exemptions from development contributions for community housing trusts and iwi trusts.
Attendance: Councillor Anderson joined the meeting at 10.52a.m.
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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 update the Draft Development Contributions Policy 2024 (336940202-7881) and its figures and schedules of projects, as required to give effect to any subsequent Council decisions relating to the Long Term Plan 2024-2034 prior to it being made available for public consultation. |
9. Update to Delegations Register - Traffic and Parking Bylaw
Document number R28177, agenda pages 148 - 151 refer.
Group Manager Infrastructure, Alec Louverdis and Team Leader Transport and Solid Waste, Matt Bruce took the report as read.
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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
Document number R28149, agenda pages 152 - 156 refer.
Group Manager Infrastructure, Alec Louverdis and Team Leader Transport and Solid Waste, Matt Bruce took the report as read.
His Worship the Mayor Hon Dr Smith moved an amendment, seconded by Councillor Sanson, to include an exception to the Road Occupation Policy that benefits applicants’ access or safety and not significantly adversely affect other parties, including the Council.
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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, including adding practical considerations for the applicant’s benefit for access or safety that do not significantly adversely affect other parties, including the Council; 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
Document number R28020, agenda pages 157 - 168 refer.
Group Manager Infrastructure, Alec Louverdis took the report as read and answered questions on funding from Waka Kotahi and Council’s insurers, progress at Cable Bay, repairs to cycleways and use of recovered gravel.
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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. |
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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: |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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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) |
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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) |
The meeting went into confidential session at 12.18p.m. and resumed in public session at 12.45p.m.
Karakia Whakamutanga
13. Restatements
It was resolved while the public was excluded:
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August 2022 Extreme Weather Event Recovery - Minor Land purchase |
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5. Agrees that the decision be made public following the sale and purchase settlement date; and 6. Agrees that the Report (R28133) and its attachment (1590798627-926) remain confidential. |
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August 2022 Extreme Weather Event Recovery - Land purchase |
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9. Agrees that the decision be made public following the sale and purchase settlement date; and 10. Agrees that the Report (R28182) and its attachment (1590798627-935) remain confidential. |
There being no further business the meeting ended at 12.46p.m.
Confirmed as a correct record of proceedings by resolution on 1 February 2024
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1. Confirms the minutes of the meeting of the Council, held on 7 December 2023, as a true and correct record. |