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Notice of the Ordinary meeting of

Nelson City Council

Te Kaunihera o Whakatū

 

Date:                      Thursday 1 February 2024

Time:                      9.00a.m.

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

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.


Nelson City Council

1 February 2024

 

 

Page No.

 

Karakia and Mihi Timatanga

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Public Forum

5.       Confirmation of Minutes

5.1      14 December 2023                                                                     11 - 39

Document number M20414

Recommendation

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 14 December 2023, as a true and correct record.

6.       Confirmation of Minutes - 7 December 2023               40 - 48

Document number R28296

Recommendation

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 7 December 2023, as a true and correct record.

 

 

7.       The Suter Art Gallery Te Aratoi o Whakatū Trust Strategic Presentation

Julie Catchpole, Director, Ruth Roebuck, Manager Commerce and Enterprise and Steve Green, Chair of the Suter Art Gallery Te Aratoi o Whakatū Trust will give a strategic presentation.

8.       Brook Waimarama Sanctuary Trust Annual Report      49 - 98

Document number R28171

Recommendation

That the Council

1.    Receives the report Brook Waimarama Sanctuary Trust Annual Report (R28171) and its attachment (2134162460-1151).

9        Nelson Events Strategy implementation update        99 - 109

Document number R28240

This item was deferred from the Council meeting on 14 December 2023.

Recommendation

That the Council

1.    Receives the report Nelson Events Strategy implementation update (R28240) and its  attachment (839498445-17987); and

2.    Approves increasing the delegation levels for the Nelson Events Fund as outlined below:

a.     The Events Development Committee may approve funding up to $45,000

b.    The Chief Executive may approve funding between $45,001 and $99,999

c.     Council may approve funding of $100,000 or above.

 

10.     Nelson Tasman Business Trust Annual Report 2022/23 110 - 128

Document number R28241

This item was deferred from the Council meeting on 14 December 2023.

Recommendation

That the Council

1.    Receives the report Nelson Tasman Business Trust Annual Report 2022/23 (R28241) and its attachments (839498445-17977 and 839498445-17976).

 

11.     Mayor's Report                                                      129 - 132

Document number R28311

Recommendation

That the Council

1.    Receives the report Mayor's Report (R28311).

12.     Approval of Draft Financial Strategy as supporting information for Long Term Plan 2024-2034 consultation           133 - 157

Document number R28265

Recommendation

That the Council

1.    Receives the report Approval of Draft Financial Strategy as supporting information for Long Term Plan 2024-2034 consultation (R28265) and its attachment (1852948764-480); and

2.    Approves the Draft Financial Strategy (1852948764-480) as supporting information for the Long Term Plan 2024-2034 consultation process in accordance with sections 93G and 101A of the Local Government Act 2002; and

3.    Agrees that His Worship Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments required to the Financial Strategy prior to it being made available as supporting information during the Long Term Plan consultation process, including any amendments necessary to address audit requirements or any legislative changes prior to the consultation occurring.

 

 

13.     Draft Revenue and Financing Policy for Consultation 158 - 196

Document number R28112

Recommendation

That the Council

1.    Receives the report Draft Revenue and Financing Policy for Consultation  (R28112) and its attachment (1852948764-352); and

2.    Approves the Draft Revenue and Financing Policy (1852948764-352) for public consultation in accordance with sections 102, 103, 82 and 82A of the Local Government Act 2002; and

3.    Agrees that the consultation on the Draft Revenue and Financing Policy will occur at the same time as the Long Term Plan 2024-2034 consultation process; and

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 Revenue and Financing Policy prior to it being made available for public consultation, including any amendments necessary to address audit requirements or any legislative changes prior to the consultation occurring.

 

14.     Proposed changes to Council's fees and charges for 2024/25                                                                             197 - 279

Document number R28216

Recommendation

That the Council

1.    Receives the report Proposed changes to Council's fees and charges for 2024/25 (R28216)  and its attachments (1598046314-141), (1598046314-132) and (1598046314-140); and

2.    Adopts the proposed Schedule of Fees and Charges in Attachment 1 (1598046314-141) noting that those fees do not require consultation; and

3.    Approves, subject to the Long Term plan consultation process on the Regional Landfill fees, an increase of 17.7% (rounded for cash handling) to Solid Waste charges at the Nelson Waste Recovery Centre (as set out in Attachment 1(1598046314-141)) effective 1 July 2024; and

4.    Adopts the Statement of Proposal for the proposed Schedule of Fees and Charges in Attachment 2 (1598046314-132) for those fees and charges that must be consulted on using the Special Consultative Procedure under section 83 of the Local Government Act 2002; and

5.    Notes that all proposed fee changes in this report that are not approved by Council, will be consulted on using the same process (even where the Special Consultative Procedure is not required); and

6.    Agrees a summary of information in the Statement of Proposal is not necessary to enable public understanding of the proposal; and 

7.    Approves the consultation approach (set out in section 5.10 of this report) and agrees:

a) the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b) the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

15.     Dedication of Council land to Legal Road - Wastney Terrace 280 - 286

Document number R28242

Recommendation

That the Council

1.    Receives the report Dedication of Council land to Legal Road - Wastney Terrace (R28242) and its attachments (1862260321-63192 , 1862260321-63193); and

2.    Agrees to dedicate the portion of Road Reserve shown in Attachment 2 (1862260321-63193) of Report R28242 (Lot 9 DP15070 Wastney Terrace, Nelson) as legal road pursuant to Section 111 of the Reserves Act 1977.

   

Confidential Business

16.     Exclusion of the Public

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

Council Meeting - Confidential Minutes - 14 December 2023

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)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

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

·    Section 48(1)(d)

     That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.

Section 48(2)

Paragraph (d) of subsection (1) applies to -

(a) Any proceedings before a local authority where -

(i) A right of appeal lies to any Court or tribunal against the final decision of  the local authority in those proceedings; or

(ii) The local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

c) Any proceedings of a local authority in relation to any application or objection under the Marine Farming Act 1971.

·    Section 7(2)(j)

     To prevent the disclosure or use of official information for improper gain or improper advantage

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

2

Confirmation of Minutes - 7 December 2023

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)

3

Visitor Information Services - proposed current and future approach

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·    Section 7(2)(i)

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

4

Statement of Expectations 2024-2027 - Nelson Regional Development Agency

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)

5

Statement of Expectations 2024/25 - The Suter Art Gallery Te Aratoi o Whakatū Trust

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)

·    Section 7(2)(j)

     To prevent the disclosure or use of official information for improper gain or improper advantage

6

Statement of Expectations 2024/25 - Nelmac Limited

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)

7

Statement of Expectations 2024/25 - Nelson Marina

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)

8

Nelson Regional Sewerage Business Unit Iwi Representative Appointment

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

 

 

Karakia Whakamutanga

 

   

 


Nelson City Council Minutes - 14 December 2023

 

 

 

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 14 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, R O'Neill-Stevens (Deputy Mayor), 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), Group Manager Community Services (A White), 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 :          Nil

 

Karakia and Mihi Timatanga

1.       Apologies

No apologies were received.

2.       Confirmation of Order of Business

There was no change to the order of business.

 

3.       Interests

There were no updates to the Interests Register.

His Worship the Mayor Hon Dr Smith declared an interest in Item 7 Mayor’s Report Clause 17 - Feasibility study/exploring of options for a Pan Pacific Community Hub and took no part in discussion or voting on the matter.

Councillor Hodgson declared a non-pecuniary interest in Item 4 of the Confidential Agenda - The Brook Valley Holiday Park - Revision of Lease Process and took no part in discussion or voting on the matter.

Councillor Rainey subsequently declared an Interest in Item 7 Mayor’s Report Clause 15 - Events Programme and took no part in discussion or voting on the matter.

4.       Public Forum

4.1.     Councillor Rich Blalock - Establishing Sister City Relationship City of Portsmouth, New Hampshire, United States of America

Document number R28226

Councillor Rich Blalock from the City of Portsmouth, New Hampshire USA, accompanied by Michael Walker, spoke about establishing a Sister City/Friendship City relationship.

5.       Confirmation of Minutes

5.1      9 November 2023

Document number M20350, agenda pages 15 - 29 refer.

Resolved CL/2023/287

 

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 9 November 2023, as a true and correct record.

Courtney/Sanson                                                                          Carried

6.       Recommendations from Committees

6.1     Nelson Regional Sewerage Business Unit - 28 November 2023

6.1.1   Nelson Regional Sewerage Business Unit - Business Plan 2024-25

Recommendation to Council CL/2023/288

 

That the Nelson City Council and Tasman District Councils

1.    Receive the Nelson Regional Sewerage Business Unit Business Plan 2024-25 (1080325921-756), and

2.    Approves the Nelson Regional Sewerage Business Unit Business Plan 2024-25 (1080325921-756).

Paki Paki/Skinner                                                                          Carried

6.1.2   Nelson Regional Sewerage Business Unit - Activity Management Plan 2024-34

Recommendation to Council CL/2023/289

 

That the Nelson City Council and Tasman District Councils

1.    Receive the Nelson Regional Sewerage Business Unit Activity Management Plan 2024-34 (1080325921-753); and

2.    Approves the Nelson Regional Sewerage Business Unit Activity Management Plan 2024-34 (1080325921-753) as the version to inform the development of the Long Term Plan 2024-34.

3.    Notes that the Nelson Regional Sewerage Business Unit Activity Management Plan 2024-34 (1080325921-753) will be updated, and the final Activity Management Plan approved by Council after the adoption of the Long Term Plan 2024-2034.

Paki Paki/Skinner                                                                          Carried

 

6.2     Nelson Tasman Regional Landfill Business Unit - 1 December 2023

6.2.1   Nelson Tasman Regional Landfill Business Unit - Activity Management Plan 2024-34

General Manager Regional Services, Nathan Clarke answered questions about opportunities for diversion of waste, the lifespan and capacity of the landfill.

Recommendation to Council CL/2023/290

 

That the Nelson City Council and Tasman District Councils

1.    Receive the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-34 (1399367370-8789); and

2.    Approve the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2023-34 (1399367370-8789) as the version to inform the development of the Long Term Plan 2024-34.

3.    Notes that the Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2023-24 (1399367370-8789) will be updated, and the final Activity Management Plan approved by Council after the adoption of the Long Term Plan 2024-2034.

Courtney/Stallard                                                                         Carried

 

6.2.2   Nelson Tasman Regional Landfill Business Unit - Business Plan 2024-25

Recommendation to Council CL/2023/291

 

That Nelson City Council and Tasman District Councils

1.    Receive the Nelson Tasman Regional Landfill Business Unit Business Plan 2024-25 (1399367370-8784); and

2.    Approve the Nelson Tasman Regional Landfill Business Unit Business Plan 2024-25 (1399367370-8784).

Courtney/Stallard                                                                         Carried

 

6.3     Regional Pest Management Joint Committee - 8 December 2023

6.3.1   Regional Pest Management Plan 2019 – 2029 Partial Review Consultation report RRPMC23-12-1

Resolved CL/2023/292

 

That the Council

1.    Approves public notification of the draft Regional Pest Management Plan 2019 – 2029 Partial Review Consultation document for the partial review of the Tasman–Nelson Regional Pest Management Plan 2019-2029, commencing 23 February 2024, for a period of one month, closing on 23 March 2024 .

Benge/Sanson                                                                              Carried

7.       Mayor's Report

Document number R28221

His Worship the Mayor Hon Dr Smith took the report as read and noted that as the report included his requests for inclusion in the Draft Long Term Plan and requests from other Elected Members, each clause would be debated and voted on separately. A request was received to vote each clause by division.

Clause 1 – Receiving Report

Resolved CL/2023/293

 

That the Council

1.    Receives the report Mayor's Report (R28221); and

His Worship the Mayor/O'Neill-Stevens                                            Carried

Clause 2 – Separate rate for August 2022 storm recovery

His Worship the Mayor Hon Dr Smith, Chief Executive, Nigel Philpott and Group Manager Corporate Services, Nikki Harrison, answered questions on uniform and proportional rating options, equity and transparency.

Resolved CL/2023/294

1.           Approves for consultation in the Long Term Plan 2024-34 Consultation Document that the expected net cost to Council of $59.8 million for recovery from the August 2022 storm be funded by a separate rate set on a uniform basis of $330 per rateable unit including GST for the ten year period 2024-25 to 2034-35; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Nil

 

The motion was carried 13 - 0.

His Worship the Mayor/Brand                                                         Carried

Clause 3 – Stormwater/river catchment spilt and extension

His Worship the Mayor Hon Dr Smith answered a question on inclusion of stormwater activity rates based on land value.

Resolved CL/2023/295

2.            Approves for consultation in the Long Term Plan 2024-34 Consultation Document:

a.            Separating the stormwater and flood protection activities into a uniform charge for the former and a rate based on land value for the latter;

b.            Extending the flood protection rate across the region to include the Nelson North communities;

c.            Changing the uniform charge for flood protection to a rate based on land value;

d.            Retaining the charge for stormwater as a uniform charge and extending the exclusion to include properties in the rural zone; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Nil

 

The motion was carried 13 - 0.

His Worship the Mayor/Stallard                                                       Carried

The meeting was adjourned from 10.24a.m. until 10.35a.m. 

Clause 4 - Three Waters reform

His Worship the Mayor Hon Dr Smith tabled supporting information (1982984479-6935).

Resolved CL/2023/296

3.    Requests that officers prepare the Long Term Plan 2024-34 Consultation Document on the basis that the Three Waters Reform does not proceed and continue, as with previous Long Term Plans, to include provision for the ongoing management and investment in Council’s drinking water, wastewater and stormwater assets; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Nil

 

The motion was carried 13 - 0.

His Worship the Mayor/O'Neill-Stevens                                            Carried

Clause 5 – Rates cap policy

His Worship the Mayor Hon Dr Smith, Chief Executive, Nigel Philpott and Group Manager Corporate Services, Nikki Harrison, answered questions on the advantages and disadvantages of Council using the Consumer Price Index and the Local Government Cost Index for setting a cap on rate increases in the Long Term Plan.

5.     Approves including in the Long Term Plan 2024-34 Consultation Document the phasing in of a new Rates Cap Policy of CPI + growth from the current policy of Local Government Cost Index (LGCI) + 2.5% plus growth with LGCI + 2.5% plus growth in Year 1, LGCI + 2% plus growth in Year 2, LGCI + 1.5% plus growth in Year 3, LGCI + 1% plus growth in Year 4 and CPI + growth for Years 5-10; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Paki Paki

Cr Rollo

Against

Cr Hodgson

Cr O'Neill-Stevens

Cr Rainey

Cr Sanson

Cr Skinner

Cr Stallard

 

The motion was carried 7 - 6. See note below, the motion was reput.

His Worship the Mayor/Courtney                                                     Carried

Subsequently, later in the meeting the resolution under clause 5 on the Mayor’s Report was reconsidered, as members had expressed concern that they had not fully understood the clause. Standing Orders were temporarily suspended in order for members to revote.

Clause 6 – Debt Cap Policy

His Worship the Mayor Hon Dr Smith, Chief Executive, Nigel Philpott and Group Manager Corporate Services, Nikki Harrison answered questions on the short- and long-term implications of exceeding the debt cap set by Council.

Resolved CL/2023/297

4.    Approves for consultation in the Long Term Plan 2024-34 Consultation Document an increase of the Debt Cap Policy from the Long Term Plan 2021-31 of net external debt not exceeding 175% of Council revenue to a new debt cap of not exceeding 200% of Council revenue; and

 

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Nil

 

The motion was carried 13 - 0.

His Worship the Mayor/Rainey                                                        Carried

The meeting was adjourned from 11.42a.m. until 11.52a.m. 

Clause 7 - Nelson Centre of Musical Arts’ debt write-off

His Worship the Mayor Hon Dr Smith and Group Manager Corporate Services, Nikki Harrison, answered questions on the effect on rates of the proposed write-off of Nelson Centre of Musical Arts’ debt to Council, commensurate reduction of their annual grant and setting of a precedent of debt forgiveness for other community groups. The motion was amended with the mover and seconder’s agreement to clarify that the debt repayment portion of the annual grant to the Nelson Centre of Musical Arts be removed.

The meeting was adjourned from 12.00p.m until 12.06p.m. 

 

Resolved

5.     Approves for consultation in the Long Term Plan 2024-34 Consultation Document the proposed write-off of the Nelson Centre of Musical Arts’ debt to Council of $730,000 at $73,000 per year over the 10 years of the Long Term Plan and that the debt repayment portion of the annual grant of $33,000 per year to the Nelson Centre of Musical Arts be removed; and

The motion was put and a division was called:

For

Cr Anderson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Sanson

Cr Stallard

Against

His Worship the Mayor Smith (Chairperson)

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr Rollo

Cr Skinner

 

The motion was lost 6 - 7.

Rainey/Sanson                                                                              Lost

Clause 8 - Tāhunanui Beach facilities

His Worship the Mayor Hon Dr Smith, Group Manager Community Services, Andrew White and Group Manager Infrastructure, Alec Louverdis answered questions about the membership and capacity of Nelson Surf Life Saving Club to raise the requisite funds, and the development, ownership, maintenance, use and management of the facility. The motion was amended with the mover and seconder’s agreement to reflect updated financial information.

The meeting was adjourned from 1.04 p.m. until 2.17 p.m.

Resolved CL/2023/298

8.    Approves for consultation in the Long Term Plan 2024-34 Consultation Document capital funding of $200,000 in Year 1 (2024-25), $1.52 million in Year 2 (2025-26) and $1.53 million in Year 3 (2026 - 27) to enable stage one and two of the Tāhunanui Beach upgrade to be progressed, noting the Nelson Surf Life Saving Club facility development requires a 50% contribution from the club of $1.6 million; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Courtney

Cr O'Neill-Stevens

Cr Rollo

Cr Skinner

Against

Cr Brand

Cr Hodgson

Cr Paki Paki

Cr Rainey

Cr Sanson

Cr Stallard

 

The motion was carried 7-6.

His Worship the Mayor/Rollo                                                           Carried

Clause 9 - Arts hub capital funding

His Worship the Mayor Hon Dr Smith answered a question on the future of the existing temporary arts hub.

Resolved CL/2023/299

9.    Approves for consultation in the Long Term Plan 2024-34 Consultation Document that $1.6 million be allocated in Year 4 (2027-28) of the Plan for the development of a central city community arts hub; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Cr Hodgson

 

The motion was carried 12 - 1.

O'Neill-Stevens/Anderson                                                               Carried

The meeting was adjourned from 2.58p.m. until 3.15p.m. 

Extension of Meeting Time

Resolved CL/2023/300

That the Council

1.    Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.

Paki Paki/Rainey                                                                            Carried

Clause 5 – Using Consumer Price Index (revote)

His Worship the Mayor Hon Dr Smith advised that some members had expressed concern that they had not fully understood Clause 5 of the Mayor’s Report and he proposed temporarily suspending Standing Orders in order to reconsider the decision.

Resolved CL/2023/301

That the Council

1.    Temporarily suspends Nelson City Council Standing Order 24 to reconsider resolution of clause 5 of the Mayor’s Report

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Brand

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Cr Benge

Cr Courtney

 

The motion was carried 11 - 2.

His Worship the Mayor/O'Neill-Stevens                                            Carried

5.    Approves including in the Long Term Plan 2024-34 Consultation Document the phasing in of a new Rates Cap Policy of CPI + growth from the current policy of Local Government Cost Index (LGCI) + 2.5% plus growth with LGCI + 2.5% plus growth in Year 1, LGCI + 2% plus growth in Year 2, LGCI + 1.5% plus growth in Year 3, LGCI + 1% plus growth in Year 4 and CPI + growth for Years 5-10; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Benge

Cr Courtney

Against

Cr Anderson

Cr Brand

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

 

The motion was lost 3 - 10.

His Worship the Mayor/Courtney

Clause 10 - All-Weather Sports Turf

His Worship the Mayor Hon Dr Smith and Group Manager Community Services, Andrew White answered questions on lighting, ownership and maintenance of the grounds, alternative sites, lifespan and sustainability of the grounds, use by multiple users, fencing, and developments at other sites.

Resolved CL/2023/302

10.  Approves including in the Long Term Plan 2024-34 Consultation Document capital funding of $1.3250 million in Year 2 (2025-26) and $1.325 million in Year 3 (2026-27) for an all-weather sports turf, noting that sports clubs would be required to contribute 50% of the cost ($1.325m); and

The motion was put and a division was called:

For

Cr Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rollo

Cr Skinner

Against

Cr Brand

Cr Rainey

Cr Sanson

Cr Stallard

 

The motion was carried 9 - 4.

Skinner/Rollo                                                                                 Carried

The meeting was adjourned from 4.18p.m. until 4.30p.m. 

Clause 11 - Hill Street-Suffolk Road link

His Worship the Mayor Hon Dr Smith, Group Manager Infrastructure, Alec Louverdis and Group Manager Corporate Services, Nikki Harrison, answered questions on transport infrastructure investment, potential contributions from developers and Waka Kotahi, inclusion of the project in the Long Term Plan and Regional Transport Plan and the timing and development of a business case.

11.          Approves for consultation in the Long Term Plan 2024-34 Consultation Document that net capital funding $4 million per year in Years 4, 5 and 6 (2027-28, 2028-29 and 2029-30) be included for a new road link between Hill Street North and Suffolk Road, subject to NZ Transport Agency-Waka Kotahi subsidies, significant development contributions from adjoining developments and possible contributions from Tasman District Council; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Benge

Cr Courtney

Cr Skinner

Against

Cr Anderson

Cr Brand

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Stallard

 

The motion was lost 4 - 9.

His Worship the Mayor/Benge

Clause 12 - East-west cycleway

His Worship the Mayor Hon Dr Smith and Group Manager Infrastructure, Alec Louverdis answered questions on timing of the project, development of a business case and availability of funding from Waka Kotahi.

Resolved CL/2023/303                                                                Lost

12.          Approves for consultation in the Long Term Plan 2024-34 Consultation Document capital funding for Council’s share of the east-west cycle link with $0.5 million in Year 2, $4 million in Year 3 and $0.9 million in Year 4, subject to receiving the 51% NZ Transport Agency-Waka Kotahi Funding Assistance Rate subsidy; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Anderson

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Skinner

Cr Stallard

Against

Cr Benge

 

The motion was carried 12 - 1.

Stallard/Sanson                                                                             Carried

Attachments

1    1982984479-6935 - Council 14Dec2023 tabled letter from Minister - Water Services

The item was adjourned in order to move in to Confidential Session to consider Item 5 of the Confidential Agenda.

8        Exclusion of the Public

Resolved CL/2023/304

 

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:

5

Plan Change 31 - Hearing Panel recommendations

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 48(1)(d)

     That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies.

Section 48(2)

Paragraph (d) of subsection (1) applies to -

(a) Any proceedings before a local authority where -

(i) A right of appeal lies to any Court or tribunal against the final decision of  the local authority in those proceedings; or

(ii) The local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and

c) Any proceedings of a local authority in relation to any application or objection under the Marine Farming Act 1971.

His Worship the Mayor/Paki Paki                                                    Carried

 

The meeting went into confidential session at 6.00p.m. and resumed in public session at 6.15p.m. at which time the meeting adjourned, to be reconvened at 9.00a.m. on Friday 15 December 2023.

 


 

 

 

Minutes of a reconvened meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 15 December 2023, commencing at 9.00a.m.

 

Present:              His Worship the Mayor N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, R O'Neill-Stevens (Deputy Mayor), 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), Group Manager Community Services (A White), 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 :          Nil

 

Karakia and Mihi Timatanga

9        Mayor's Report – Reconvened (Agenda Item 7)

Clause 13 - Removal from previous LTP of kerbside kitchen waste collection service

His Worship the Mayor Hon Dr Smith and Group Manager Infrastructure, Alec Louverdis answered questions on the long term costs to ratepayers of and community participation in the kerbside kitchen waste collection service, the development of a business case, use of Waste Management and Minimisation Plan levy funding, waste collection services in Nelson City and Tasman District, community participation in similar services in other territorial authorities and prior consultation with iwi in terms of Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu.

His Worship the Mayor Hon Dr Smith, seconded by Councillor Hodgson  moved the item, during debate a closure motion was moved.

Resolved CL/2023/305

 

That the Council

1.    Puts the motion under debate, pursuant to Standing Order 25.2(b).

O'Neill-Stevens/Sanson                                                                 Carried

13.  Approves for consultation in the Long Term Plan 2024-34 Consultation Document removal of the kerbside kitchen waste collection service funding, provided for in the previous LTP 2021-31, resulting in savings of $75,000 in Year 1, $76,650 in Year 2, $104,550 in Year 3, $1.471 million in Year 4, $1.476 million in Year 5, $1.507 million in Year 6, $1.537 million in Year 7, $1.515 million in Year 8, $1.539 million in year 9 and $1.573 million in Year 10, totalling $10.875 million in savings; and

The motion was put and a division was called:

For

His Worship the Mayor Smith (Chairperson)

Cr Benge

Cr Brand

Cr Hodgson

Cr Rollo

Cr Skinner

Against

Cr Anderson

Cr Courtney

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Sanson

Cr Stallard

 

The motion was lost 6 - 7.

His Worship the Mayor/Hodgson                                                  Lost

The meeting was adjourned from 10.45a.m. until 10.53a.m. at which time Councillor Skinner was not in attendance. 

Clause 14 - Hanging Flower Baskets

Attendance: Councillor Skinner joined the meeting at 11.03a.m.  

Resolved CL/2023/306

14.  Approves for consultation in the draft Long Term Plan 2024-34 budget sufficient funding, estimated at $100,000 per annum, to maintain the city hanging flower baskets; and

The motion was put and a division was called:

For

His Worship the Mayor Hon Dr Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rollo

Against

Cr Hodgson

Cr Rainey

Cr Sanson

Cr Skinner

Cr Stallard

 

The motion was carried 8 - 5.

Courtney/Rollo                                                                              Carried

Clause 15 - Events funding cap

Councillor Rainey subsequently declared an interest in Item 5 Mayor’s Report, Clause 15. He took no part in discussion or voting on the matter.

15.  Approves for consultation in the Long Term Plan 2024-34 Consultation Document an events budget capped at $1.780 million (the current 2023-24 budget) for each year, resulting in savings over the current draft LTP of $60,000 in Year 1 (2024-25), $225,000 in Year 2 (2025-26), $180,000 in Year 3 (2026-27) and totalling $3 million over the 10-year LTP and for Council officers to review the proposed events programme and budgets including exploring greater sponsorship and partnering so as to achieve the optimum economic, community and cultural benefits within this capped budget; and

The motion was put and a division was called:

For

His Worship the Mayor Hon Dr Smith (Chairperson)

Cr Benge

Cr Brand

Cr Hodgson

Cr Skinner

Against

Cr Anderson

Cr Courtney

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rollo

Cr Sanson

Cr Stallard

Abstained/Interest

Cr Rainey

The motion was lost 5 - 7.                                                           Lost

His Worship the Mayor/Skinner

Additional Clause 17 - Pasifika Community Priority Projects

Councillor Anderson, seconded by Councillor Paki Paki proposed an additional clause to provide in the Long Term Plan 2024-34 Consultation Document a budget allocation in Year 1 of up to $20,000 for a feasibility study/exploring of options for a Pan Pacific Community Hub.  His Worship the Mayor Hon Dr Smith declared an interest and vacated the chair at 11.40 a.m. The Deputy Mayor O'Neill-Stevens assumed the chair.

The meeting was adjourned from 11.44 a.m. until 11.58 a.m.

The motion was amended with the mover and seconder’s agreement to allocate the proposed funding to provide for staff resource to engage with the Pasifika community.

Resolved CL/2023/307

17.  Approves for consultation in the Long Term Plan 2024-34 Consultation Document a budget allocation in Year 1 of up to $20,000 to provide staff resource to engage with the Pasifika Community on priority projects.

The motion was put and a division was called:

For

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Stallard

Against

Cr Skinner

Abstained/Interest

His Worship the Mayor Hon Dr Smith (Chairperson)

The motion was carried 11 - 1.

Anderson/Paki Paki                                                                       Carried

Clause 16 – Refinement of Long Term Plan Budget

His Worship the Mayor Hon Dr Smith answered questions on inclusion of elected members in the process to make changes.

Resolved CL/2023/308

16.  Agrees that the Chief Executive and His Worship the Mayor continue to work on refining the Long Term Plan budget so as to temper the rates increases, as long as any refinements are consistent with Council discussions or decisions, prior to the finalising of the LTP Consultation Document by Council in March

The motion was put and a division was called:

For

His Worship the Mayor Hon Dr Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rollo

Cr Skinner

Against

Cr Rainey

Cr Sanson

Cr Stallard

 

The motion was carried 10 - 3.

His Worship the Mayor/Skinner                                                      Carried

Attendance: Councillor Skinner left the meeting 12.10 p.m.

Attendance: Councillor O'Neill-Stevens left the meeting 12.15 p.m.

10.     Long Term Plan 2024-2034 Supporting Information and change to Rates Remission Policy (Item 8 of the Agenda)

Document number R28167, agenda pages 56 - 91 refer.

Group Manager Strategy and Communications, Nicky McDonald, and Acting Manager Strategy, Susan Coleman took the report as read.

Councillor Stallard moved, seconded by Councillor Paki Paki, the officer’s recommendation to include amending Draft Community Outcomes (1852948764-460) (p64 of the Agenda) to replace “growing population” with “our population”.

Resolved CL/2023/309

 

That the Council

1.    Receives the report Long Term Plan 2024-2034 Supporting Information and change to Rates Remission Policy (R28167) and its attachments (1852948764-433, 1852948764-460, 1852948764-398, 1852948764-399, 1852948764-265); and

2.    Adopts the following documents as supporting information for Nelson’s Long Term Plan 2024-2034 Consultation Document as required by section 93G of the Local Government Act 2002:

2.1 Draft Vision and Priorities (1852948764-433)

2.2 Draft Community Outcomes (1852948764-460) amended to replace “growing population” with “our population”.

2.3 Draft Statement on Fostering Māori Participation in Council Decision Making (1852948764-398)

2.4 Draft Forecasting Assumptions (1852948764-399); and

3.    Agrees that His Worship Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments required to the supporting information included in Report R28167, prior to it being made available for public consultation, including any amendments necessary to address any legislative requirements prior to the consultation occurring; and

4.    Adopts the revised Draft Rates Remission Policy                                (1852948764-265), updated to remove the Heritage Buildings remission, for public consultation in accordance with sections 102, 109, 82 and 82A of the Local Government Act 2002; and

5.    Notes that Council has previously agreed to the consultation on the Draft Rates Remission Policy occurring at the same time as the Long Term Plan 2024-2034 consultation process, and that His Worship Mayor Hon Dr Smith and the Chief Executive may approve any minor amendments to the Policy prior to it being made publicly available.

His Worship the Mayor/Hodgson                                                    Carried

The meeting was adjourned from 12.51 p.m. until 1.17 p.m. at which time Councillor Rainey left the meeting. 

11.     Change in Marina Governance from Management CCO to Asset Owning CCO - Transfer of Marina Assets and Liabilities to CCO (Item 9 of the Agenda)

Document number R28179, agenda pages 92 - 121 refer.

Group Manager Community Services, Andrew White and Marina Manager, Nigel Skeggs took the report as read and answered questions on the location of the proposed cycleway, the management of sea sport facility development and the establishment of a Council Controlled trading Organisation.

Resolved CL/2023/310

 

That the Council

1.    Receives the report Change in Marina Governance from Management Council Controlled Organisation to Asset Owning Council Controlled Organisation - Transfer of Marina Assets and Liabilities to Council Controlled Organisation (R28179) and its attachments (149934158-12067, 149934158-12069, 149934158-12071, and 149934158- 12096); and

2.    Approves the establishment of an Asset Owning Council Controlled Organisation as the preferred governance model for Nelson Marina; and

3.    Agrees, subject to consultation, to provide for the transfer of the Marina assets and liabilities to the Marina Council Controlled Organisation in the Long Term Plan; and

4.    Agrees to consult with the community through the Long Term Plan 2024-34 Consultation document on the change from a Management Council Controlled Organisation to an Asset Owning Council Controlled Organisation for Nelson Marina, and the transfer of the Council’s Marina assets and liabilities to Asset Owning Council Controlled Organisation for Nelson Marina.    

Brand/Skinner                                                                              Carried

12.     Nelson Tasman Business Trust Annual Report 2022/23 (Item 10 of the Agenda)

Document number R27944, agenda pages 122 - 140 refer.

Defer item to another meeting

Resolved CL/2023/311

 

That the Council

1.    Defers the item Nelson Tasman Business Trust Annual Report 2022/23 (Item 10 of the Agenda) to be considered at the Council meeting to be held on 1 February 2024 at 9.00 a.m. in the Council Chambers.

His Worship the Mayor/Paki Paki                                                    Carried

13.     Nelson Events Strategy implementation update (Item 11 of the Agenda)

Document number R27953, agenda pages 141 - 151 refer.

Defer item to another meeting

Resolved CL/2023/312

 

That the Council

1.    Defers the item Nelson Events Strategy implementation update (Item 11 of the Agenda) to be considered at the Council meeting to be held on 1 February 2024 at 9.00 a.m. in the Council Chambers.

His Worship the Mayor/Paki Paki                                                    Carried

14.     Exclusion of the Public

Sam Cottier from The Property Group was in attendance for Item 7 August 2022 Extreme Weather Event Recovery - Land Purchase of the Confidential agenda to answer questions and, accordingly, the following resolution is required to be passed:

Resolved CL/2023/313

 

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 Sam Cottier from The Property Group remain after the public has been excluded, for Item 7 of the Confidential agenda August 2022 Extreme Weather Event Recovery - Land Purchase), as they have knowledge that will assist the meeting.

His Worship the Mayor/Courtney                                                   Carried

Resolved CL/2023/314

 

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:

His Worship the Mayor/Courtney                                                   Carried

 

 

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

Council Meeting - Confidential Minutes - 9 November 2023

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)

·    Section 7(2)(a)

     To protect the privacy of natural persons, including that of a deceased person

·    Section 7(2)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

2

Kāinga Ora Social and Affordable Housing Development Achilles and Rutherford Streets

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)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

·    Section 7(2)(i)

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

3

Proposed Inner City Land Purchase and Sale

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)

4

The Brook Valley Holiday Park - Revision of Lease Process

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)(h)

     To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

6

Visitor Information Services - proposed current and future approach

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)(a)

     To protect the privacy of natural persons, including that of a deceased person

·    Section 7(2)(i)

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

7

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)

8

Statement of Expectations 2024-2027 - Nelson Regional Development Agency

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)

9

Statement of Expectations 2024/25 - The Suter Art Gallery Te Aratoi o Whakatū Trust

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)

·    Section 7(2)(j)

     To prevent the disclosure or use of official information for improper gain or improper advantage

10

Statement of Expectations 2024/25 - Nelmac Limited

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)

The meeting went into confidential session at 1.33 p.m. and resumed in public session at 4.15 p.m.

 

Karakia Whakamutanga

 

15.     Restatements

 

It was resolved while the public was excluded:

 

2

Kāinga Ora Social and Affordable Housing Development Achilles and Rutherford Streets

 

3.     Agrees that Report (R27980) and decision remain confidential at this time.

 

3

Proposed Inner City Land Purchase and Sale

 

4.     Agrees that the report R27976 remain confidential at this time

 

4

The Brook Valley Holiday Park - Revision of Lease Process

 

3.     Agrees that the decision only be made publicly available following the signing of the Deed of Lease and the Management Agreement of Brook Valley Holiday Park or once the 2024-34 Long Term Plan has been adopted; and

4.     Agrees that Report (R28150), and its Attachments 196698121-52616, 196698121-52618, 196698121-52619, 196698121-52615, 196698121-54293 remain confidential at this time.

 

5

Plan Change 31 - Hearing Panel recommendations

 

5.     Agrees that that Report (R28214), Attachment (539570224-18492) and the decision be made publicly available following notice of the decision to all parties

 

6

Visitor Information Services - proposed current and future approach

 

1.     Defers the item 6 -Visitor Information Services - proposed current and future approach to be considered at the Council meeting to be held on 1 February 2024 at 9.00a.m. in the Council Chambers.

 

7

August 2022 Extreme Weather Event Recovery - Land purchase

 

6.     Agrees that the decision only be made publicly available following the sale and purchase settlement date; and

7.     Agrees that the Report (R28182) and its attachments (1590798627-939 and 1590798627-940) remain confidential.

 

8

Statement of Expectations 2024-2027 - Nelson Regional Development Agency

 

1.     Defers the item 8 - Statement of Expectations 2024-2027 - Nelson Regional Development Agency to be considered at the Council meeting to be held on 1 February 2024 at 9.00a.m. in the Council Chambers.

 

9

Statement of Expectations 2024/25 - The Suter Art Gallery Te Aratoi o Whakatū Trust

 

1.     Defers the item 9. - Statement of Expectations 2024/25 - The Suter Art Gallery Te Aratoi o Whakatū Trust to be considered at the Council meeting to be held on 1 February 2024 at 9.00a.m. in the Council Chambers.

 

10

Statement of Expectations 2024/25 - Nelmac Limited

 

1.     Defers the item 10 - Statement of Expectations 2024/25 - Nelmac Limited to be considered at the Council meeting to be held on 1 February 2024 at 9.00a.m. in the Council Chambers.

 

There being no further business the meeting ended at 4.15p.m.

 

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

 

Resolved

 

 

 

 


Item 6: Confirmation of Minutes - 7 December 2023: Attachment 1











 

Item 8: Brook Waimarama Sanctuary Trust Annual Report

 

Council

1 February 2024

 

Report Title:             Brook Waimarama Sanctuary Trust Annual Report

Report Author:         Martin Croft - Acting Group Manager Community Services

Report Number:       R28171

 

 

1.       Purpose of Report

1.1      To present an update from the Brook Waimarama Sanctuary Trust, including its Annual Report 2023.

1.2      Ru Collin (Chief Executive) and Nick Tilly from the Brook Waimarama Sanctuary, will speak to the report.

2.       Recommendation

That the Council

1.    Receives the report Brook Waimarama Sanctuary Trust Annual Report (R28171) and its attachment (2134162460-1151).

3.       Background

3.1      The Brook Waimarama Sanctuary is a community initiative to create a pest-free wildlife sanctuary in the upper Brook Valley. The project was launched in 2004, with construction of a visitor centre being completed in 2007, a 14.4km predator proof fence being completed in 2016 and a pest eradication operation undertaken in 2017. Nelson City Council (Council) has supported the project with funding of $1,036,000 towards the fence construction and provides annual operational funding and leases Council-owned land to the Brook Waimarama Sanctuary Trust (BWST).

3.2      There is a Memorandum of Understanding between BWST and Council with the aim of achieving a working partnership to maintain, enhance and promote the sanctuary.

3.3      Operational funding is managed through an operational services contract, which includes fence maintenance, track maintenance, and salaries for staff and contractors. In the 2023/24 financial year, the BWST will receive a grant of $168,468 for operation services at the Sanctuary.

3.4      The BWST Annual Report for 2022/23 is attached (2134162460-1151).

3.5      A highlight for this year is the completion of the new visitor centre, with an enhanced feature hall that people pass through when entering the Sanctuary. A record 16,457 people visited the Sanctuary, despite the Sanctuary having to close to repair damage caused by the severe weather event of August 2022.

3.6      A continued concern for the Sanctuary, is the reliance on donations, grants, sponsorships, and other fundraising activities to cover operational expenses.

 

 

Attachments

Attachment 1:   2134162460-1151 - Brook Waimarama Sanctuary Trust Annual Report 2023  

 


Item 8: Brook Waimarama Sanctuary Trust Annual Report: Attachment 1




































Item 8: Brook Waimarama Sanctuary Trust Annual Report: Attachment 1









 









 

Item 9: Nelson Events Strategy implementation update

 

Council

1 February 2024

 

Report Title:             Nelson Events Strategy implementation update

Report Author:         Ailish Neyland - Policy Adviser

Report Authoriser:   Nicky McDonald - Group Manager Strategy and Communications

Report Number:       R28240

 

This item was deferred from the Council meeting on 14 December 2023

1.       Purpose of Report

1.1      To provide an update on the implementation of the Nelson Events Strategy for the period of 1 July 2022 to 30 June 2023.

1.2      To approve increasing the Chief Executive and Events Development Committee delegation levels for approving funding through the Nelson Events Fund.

2.       Summary

2.1      Council supported a wide range of events in 2022/23, contributing to the social, economic and cultural wellbeing of the community. It also delivered a range of events directly to the community, however, the current economic environment is driving up costs to deliver events. Staff are reviewing how Council could take a more strategic approach to delivering and supporting events.

2.2      To reflect inflation and increasing costs, staff propose an increase to the Events Fund delegation levels for approving funding.

3.       Recommendation

That the Council

1.    Receives the report Nelson Events Strategy implementation update (R28240) and its  attachment (839498445-17987); and

2.    Approves increasing the delegation levels for the Nelson Events Fund as outlined below:

a.     The Events Development Committee may approve funding up to $45,000

b.    The Chief Executive may approve funding between $45,001 and $99,999

c.     Council may approve funding of $100,000 or above.

4.       Background

4.1      The Nelson Events Strategy was adopted in 2018 and provided a vision and objectives to guide Council’s support for the city’s events. The Strategy’s vision is “events that strengthen the region and its identity, stimulate a prosperous, vibrant and engaged community and deliver value at the right time”.

4.2      The report has been prepared with input from the Nelson Regional Development Agency (NRDA).

Council supports a wide range of events

4.3      Nelson’s events portfolio is wide-ranging, including arts, heritage, culture, music and sport. Events directly delivered by Council fill a gap in the local event offering with most of them being provided as free entry events or heavily underwritten to maintain a level of accessibility for all in the community.

4.4      Council delivers a range of associated services to support events, such as resource, noise and building consents, marketing and communication support, road closures and traffic management plans. Council also provides guidance to event organisers to help them navigate the different aspects of the planning process, such as health and safety, risk management, waste management, climate change mitigation, and ensuring organisers are aware of the regulatory requirements.

Venues

4.5      Council supports the provision of venues across Nelson that can be used for events.  The Nelson City Council Venues website supports organisers to find a venue and provides guidance to those planning an event.

4.6      Council staff, along with the maintenance contractors CLM and Nelmac, have ensured that Council’s event facilities (indoor and out) are presented to a high standard for events and endeavour to ensure that resources can be allocated to accommodate different opportunities, even at short notice.

In 2022, Council adopted He Tātai Whetū, Whakatū Nelson’s Arts and Creativity Strategy, which included an action to “Advance business cases to explore opportunities for new venue development” for gaps identified in an analysis of Nelson’s community arts facilities. Council allocated $100,000 operating expenditure in 2023/24 to investigate opportunities for a new arts hub to support the arts sector. A scoping document is being finalised, which will have sufficient detail to serve as the base for development of a business case on an arts hub.

Funding

4.7      The NRDA administers funds distributed through Council’s Events Fund, which has two streams – economic and community. The economic stream recognises that events are an increasingly important contributor that can grow the visitor market and make Nelson an attractive destination. The community stream recognises that events are important for building a sense of belonging, identity and pride within Nelson’s diverse community. The NRDA also administers Council’s Venue Hire Fund. Events delivered by Council use a different pool of funding managed in-house.

4.8      The Events Development Committee, which includes Council and NRDA staff, reviews applications to the Events Fund and Venue Hire Fund and makes decisions about the funding allocation, unless the level of funding sought is above the Committee’s delegated level, meaning it requires approval by either Council’s Chief Executive or full Council.

4.9      All of Council’s event budgets for 2023/24 are outlined in the table below.

Item 

2023/24

Nelson Arts Festival 

$604,000 

Economic Events Fund  

$399,709 

Kapa Haka (Te Matatini) 

$147,700 

Council Delivered Events 

$112,331 

Matariki 

$20,000 

Actual cost $104,950 

Te Ramaroa  

$117,171 

Community Events Fund 

$83,081 

Tuku 

$75,748 

Council Requested Events 

$52,750 

New Years Eve 

$37,147 

Santa Parade 

$32,000 

Youth Events 

$34,948 

Venue Hire Fund 

$30,870 

Waitangi  

$5,417  

Actual $25,500 

Summer Events Programme 

$9,000 

Opera in the Park  

$0 

4 Lanes (Winter Event) 

$26,375 

Total  

$1,788,247 

 

5.       Discussion

Delivery of events in 2022/23

The events sector gradually built back confidence after the effects of COVID-19

5.1      The removal of COVID-19 restrictions meant the events sector was able to build back confidence to hold events and this was helped by the return of international attendees.

5.2      Council delivered or supported several big events that returned following the disruption of COVID-19. These included the Santa Parade, Opera in the Park and Te Ramaroa. The Santa Parade had an estimated 8,000- 10,000 people attend and Opera in the Park had over 7,000 attendees. Te Ramaroa, which ran over five days, attracted more than 50,000 people into the city. Council also supported 12 community and youth events or event series, including Summer Movies al Fresco and Music Mix.

5.3      Fifty-eight events received support through the Events Fund. This included 28 events funded (see attachment 1) through the economic stream of the Fund, with a combined economic impact of an estimated $7.9 million (calculated through the NRDA’s Economic Impact Assessment tool) and an overall return on investment of 29:1. As confidence in the sector grew, the NRDA saw an increase in applications to the Events Fund, which were processed as quickly as possible to maximise use of venues and support the CBD and local events industry.

Successful delivery of heritage and culture events

5.4      Council supported arts and heritage events, led by community partners, through its partnership grants. This included Tuku 23 Whakatū Nelson’s festival of heritage, which included over 65 events held over six weeks and attracted 12,000 attendees.

5.5      Council hosted its fifth annual Te Huihui-o-Matariki event on 14 July 2023 in collaboration with Te Herenga Tahi, Te Tauihu o Te Waka-a-Māui Māori Cultural Council Te Kotahi o Te Tauihu charitable Trust. An estimated 7,500 people attended the event at Rutherford Park and the Trafalgar Centre. Although falling just outside of the 2022/23 year, the majority of planning and preparation occurred in 2022/23.

Challenges and opportunities

5.6      The economic environment and inflation have increased event delivery costs which may affect the number of events that are able to be offered by Council within existing budgets. The impact of these cost increases is being worked through by staff.

5.7      Council has received feedback from the Hospitality Association and Uniquely Nelson asking for a more strategic approach to events, particularly in the city centre. Outlined below is a summary of their feedback and suggestions.

5.7.1   Request for a more collective approach to organising and delivering events in the city, rather than a series of one-off events, with the events calendar decided well in advance so that resources can be pooled for a bigger impact.

5.7.2   A request for overarching guidelines on the purpose of events, who the events are benefiting, the timing of the events and consideration of who the events could affect.

5.7.3   That return on investment be considered both in terms of the number of people that are expected at the event and the value add to city businesses, particularly when events require road closures.

5.7.4   Request for stronger marketing of Nelson at a tourism level and using Nelson’s annual and biennial events, such as the Masked Parade and Te Ramaroa, as part of the campaign to attract the domestic market.

5.8      This has prompted Council staff to review the current approach to events to identify gaps, such as direction on how to prioritise events and best leverage the outcomes of events. This work is currently underway, and staff held a workshop with elected members in late November to initiate discussions at a governance level. However, staff recognise that progressing these changes would require buy in and collaboration across the sector. 

6.       Proposed changes to the Council’s events management process

Proposed update to the Nelson Events Fund delegation levels

6.1      The current delegation to approve funding through the Events Fund has three levels: the Events Development Committee can approve funding up to $25,000, Council’s Chief Executive can approve between $25,000 and $50,000, and if it is $50,000 or above, it is a decision for Council.

6.2      Staff recommend the delegation thresholds for the Events Fund be raised. The levels have not changed since the adoption of the Strategy in 2018, but with the impact of inflation driving up prices to organise and run events, it should be reviewed and updated to reflect this.  The table below outlines the current and proposed the delegation levels.

 

 

 

 

Delegated to

Current delegation level

Proposed delegation level

Events Development Committee

Up to $25,000

Up to $45,000

Council’s Chief Executive

Between $25,000 and $50,000

$45,001 to $99,999

Council

From $50,000 upwards

$100,000 or higher

6.3      An increase in the delegation levels would also reduce the number of funding applications needing to go to Council for approval, ensuring Council’s involvement is only for applications of a considerable amount.

Management of the Events Fund and the Venue Hire Fund

6.4      The NRDA has an economic development and tourism focus. However, currently it is administering the community stream of the Events Fund and the Venue Hire Fund, as well as the economic stream.

6.5      The NRDA undertook an independent review of its events workstream with findings that the workload had grown considerably, both in the number of applications received, and the associated functions of communication, administration, reporting and engagement.

6.6      To align the agency’s work more with its core economic focus, Council staff are considering bringing the community stream of the Events Fund, and the Venue Hire Fund, back in-house to Council. The NRDA is supportive of this option being explored.

Events Calendar - ItsOn

6.7      ItsOn is the current online events guide for Nelson and Tasman, supported by both Nelson City Council and Tasman District Council through a service level agreement with the NRDA. The ItsOn platform is 13 years old and the technology is no longer supported, meaning the platform is vulnerable. Staff have looked at a range of options to address this, including rebuilding the ItsOn platform, closing the platform completely or partnering with another events platform.

6.8      Following discussions with the NRDA, the solution selected is that Council will partner with Eventfinda through the NRDA. This is an already well-used platform by some regions and is a vastly cheaper option than rebuilding a platform. The ItsOn branding can remain on the new platform, it is user friendly and functional, and it is already familiar to many event organisers.

Economic Impact Assessment tool

6.9      Since 2018, the NRDA has been using an Economic Impact Assessment tool to estimate the economic value of events. From July 2024, staff propose moving to a new tool called Event Economics, which is used widely by other councils around New Zealand. The biggest advantage of the new tool is that it will allow Council to measure events in a way that is consistent with other councils and allow the NRDA to benchmark its calculations against other similar-style events across the country, providing a more accurate picture of the relative value of events to the region. Event Economics is also able to put a value on the social impact of events, not just the economic impact. However, its primary purpose will be in the economic space initially. Funding for this will be considered through the Long Term Plan 2024-2034 process.

7.       Options

Option 1: Approves increasing the delegation levels for the Nelson Events Fund as outlined below:

·     The Events Development Committee approves up to $45,000

·     The Chief Executive approves between $45,001 and $99,999

·     Council approves $100,000 and above

(recommended)

Advantages

·   Delegation levels reflect the economic realities and impact of inflation driving up costs.

·   Reduces time Council and the Chief Executive need to spend on considering Events Fund applications.

Risks and Disadvantages

·   None obvious.

Option 2: Approves increasing delegation levels for the Nelson Events Fund to a different level

Advantages

·    Gives Council flexibility to choose another amount it deems appropriate.

Risks and Disadvantages

·    A lower increase means delegation levels do not reflect the economic realities and the impact of inflation.

Option 3: Do not approve changes to the delegation levels for Nelson Events Fund applications

Advantages

·    None obvious.

Risks and Disadvantages

·    Delegation levels will not reflect the economic realities and impact of inflation on the costs of running events.

·    An increasing amount of Council and the Chief Executive’s time will be needed to consider Events Fund applications.

 

8.       Conclusion

8.1      Over 2022/23 the events sector built back confidence to hold events following the disruption of COVID-19, delivering high-quality events that contributed to the social, cultural and economic wellbeing of the community. However, areas for improvement have been identified, both for Council’s internal events management processes and how we can better coordinate with the sector. 

9.       Next Steps

9.1      If the delegation levels are approved, staff will advise the NRDA and update the Officer Delegations Register.

 

 

Attachments

Attachment 1:   839498445-17987 Economic events funded through the Nelson Events Fund in 2022/23  

 

Important considerations for decision making

Fit with Purpose of Local Government

Supporting the implementation of the Strategy provides Council with an opportunity to support a rich events calendar in Nelson, which contributes to the economic, social and cultural wellbeing of the community.

Consistency with Community Outcomes and Council Policy

Nelson City events contribute to the following Community Outcomes:

•   Our communities have opportunities to celebrate and explore their heritage, identity and creativity

•   Our region is supported by an innovative and sustainable economy

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

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

Risk

The recommendation to increase the Events Fund delegation levels is low risk, as it is reflecting the current economic environment and level of inflation.

Financial impact

Increasing the delegation levels for the Events Fund does not have budget implications for Council.

Degree of significance and level of engagement

This matter is of low significance as the proposed increases to the delegation levels for approving funding applications to the Events Fund is reflecting the impacts of inflation. Funding applications above $45,000 would be considered by Council’s Chief Executive and $100,000 or above would need full Council approval. Therefore, no feedback has been sought from the community.

Climate Impact

One of the Events Strategy’s guiding principles is Strategic Alignment, which includes how events align with relevant Council policy. Event organisers are asked to provide information on how they plan to manage environmental impacts during their event, such as minimising waste.

Inclusion of Māori in the decision making process

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

Legal context

There is no legal context to consider.

Delegations

This is a matter for Council.

 

 


Item 9: Nelson Events Strategy implementation update: Attachment 1



 

Item 10: Nelson Tasman Business Trust Annual Report 2022/23

 

Council

1 February 2024

 

Report Title:             Nelson Tasman Business Trust Annual Report 2022/23

Report Author:         Ailish Neyland - Policy Adviser

Report Authoriser:   Nicky McDonald - Group Manager Strategy and Communications

Report Number:       R28241

 

This item was deferred from the Council meeting on 14 December 2023. Representatives will no longer be attending.

1.       Purpose of Report

1.1      To receive the Nelson Tasman Business Trust’s Annual Report 2022/23.

1.2      Robert Panzer (Chairperson) and Gael Gordon (Trust Manager) will present at the meeting.

2.       Recommendation

That the Council

1.    Receives the report Nelson Tasman Business Trust Annual Report 2022/23 (R28241) and its attachments (839498445-17977 and 839498445-17976).

3.       Background

3.1      The Nelson Tasman Business Trust (now trading and known as Business Assist) is a non-profit organisation supporting businesses across the Nelson Tasman region. The Trust’s vision is to improve regional wellbeing by enabling existing businesses and community organisations to be successful. It provides a hub for business information and networks, connections to business advice and mentor services.

3.2      Business Assist has provided its report for the year ended 30 June 2023. Attachment One includes an overview of performance and Attachment Two provides the financial report for the 2022/23 year.

4.       Conclusion

4.1      Through the Annual Report Business Assist has provided the reporting required in its contract with Council.

 

 

Attachments

Attachment 1:   839498445-17977 - Nelson Tasman Business Trust Annual Report 2022/23 non-financials

Attachment 2:   839498445-17976 - Nelson Tasman Business Trust Financial Statements for the year ended 30 June 2023  

 


Item 10: Nelson Tasman Business Trust Annual Report 2022/23: Attachment 1






Item 10: Nelson Tasman Business Trust Annual Report 2022/23: Attachment 2














 



 

Item 11: Mayor's Report

 

Council

1 February 2024

 

Report Title:             Mayor's Report

Report Author:         Hon Dr Nick Smith - Mayor

Report Number:       R28311

 

1.       Purpose of Report

1.1      To note the full reopening of Elma Turner Library and acknowledge those who brought the project to fruition under budget and ahead of schedule.

1.2      To highlight some of the key summer events that Council supports.

1.3      To outline some of the significant issues on which Council needs to engage with the new Coalition Government.

2.       Recommendation

That the Council

1.    Receives the report Mayor's Report (R28311).

3.       Discussion

Elma Turner Library Full Reopening

3.1      The full reopening of the Elma Turner Library on 17 January 2024 was a great way to start the year. After 19 months of disruption, the last of the earthquake strengthening and repair work was completed – under budget and ahead of schedule.

3.2      Elma Turner Library was closed in June 2022 after it was discovered heavy ceiling tiles throughout the building posed an earthquake risk and the ceiling grid in parts of the building was under 34% NBS (New Building Standard), meaning the building was earthquake prone.

3.3      This project to strengthen and reopen the library in stages was the first significant Council project since I became Mayor, and it was heartening to see it come to fruition on 17 January when a sizeable crowd joined staff for some fun events.

3.4      It made good sense to complete this upgrade for $2.5 million rather than spend $46 million on a new library, particularly in the current challenging economic environment with high interest rates and Council facing costs of almost $60 million in relation to the August 2022 extreme weather event. Elma Turner Library is no longer deemed earthquake prone, and we have extended its life by five to 10 years, which gives us time to find the right long-term solution for Nelson’s central city library.

3.5      Projects to strengthen older buildings are risky and can go pear-shaped. The discovery last April of cracked and under-strength trusses at the southern end of the library was an unpleasant surprise but it confirmed the need for the strengthening work. While the necessary repairs delayed the full reopening of the library and added to its cost, it has been done well, giving staff and members of the community a safe, bright, airy space in which to work, study and relax.

3.6      Congratulations to Council’s project management team and the contractors on the successful completion of the strengthening work. I would like to thank library staff and users for their patience and tolerance during the disruption. My thanks also to my fellow members of the Elma Turner Library Reopening Taskforce – Councillors Kahu Paki Paki, Tim Skinner and Aaron Stallard – for their oversight of this successfully completed project. We will have a last meeting of the taskforce in February to receive the final reports on the project and the budget, and this will conclude its role.

Summer Events

3.7      I have been delighted to see Nelson back to its best this summer after years of disruption from Covid and – following the August 2022 extreme weather event – the temporary closure of State Highway 6 between Nelson and Blenheim.

3.8      The resident population of the Nelson region has been swelled this summer by visitors from around New Zealand and the world. These visitors have been drawn by the stunning natural splendour of the region along with a plethora of popular events, many of which are supported by Council.

3.9      From the Fa'alapotopotoga Tagata Samoa Nelson Tasman Kirikiti Tournament, between 14 October and 11 November 2023, to Tuku 24 Whakatū Heritage Festival, between 24 March and 4 May 2024, Council will have supported close to 30 events.

3.10    Among the highlights so far has been the BLACKCAPS vs Bangladesh One Day International cricket match on 20 December 2023. A total of 4500 tickets were issued for this match, leading to one of the largest crowds at a pristine Saxton Oval. The perennially popular NBS Nelson Santa Parade on 10 December 2023 was bigger than usual after the PAK'nSAVE Richmond Santa Parade was cancelled while the Nelson Mayor's Christmas Dinner catered for more than 200 guests. Another big crowd, estimated to be 3000 strong, attended the New Year’s Eve Countdown in the city.

3.11    Highlights still to come include the highly anticipated Adam Chamber Music Festival, from 1 to 10 February 2024, for which multiple events have already sold out as well as Waitangi Day in Whakatū 2024 on 6 February at Whakatū Marae and Founders Heritage Park. Council-supported events scheduled for March include the NZ Mountain Biking Rally, Nelson Fringe Festival, a yoga festival and two Twenty20 cricket matches between the WHITE FERNS and England.

3.12    I want to acknowledge Council staff who work hard to make these events happen along with volunteers who are so crucial to many key community favourites such as the NBS Nelson Santa Parade and the Nelson Mayor’s Christmas Dinner. It is heartening to note that, together, Council and community can ensure Nelson residents and visitors have such a wide range of summer events to enjoy.

Interaction with the New Coalition Government

3.13    There are a number of significant issues on which we need to engage with the new Government to get a good outcome for our Nelson community.

3.14    The immediate priority is securing support for the multimillion-dollar cleanup of the contaminated wood waste on Tāhunanui Beach. The challenging fiscal situation for the Government means we will need to work hard to get assistance. We have been engaged with the Ministry for the Environment about the Contaminated Sites Remediation Fund since testing revealed the problem last year. I have invited Minister for the Environment Penny Simmonds to visit Nelson as part of securing support. Council staff are working hard with our expert consultants on finalising a cleanup plan. We will be lodging an application with the Government as soon as the budget and plans are finalised.

3.15    Nelson did poorly from the previous Government’s Provincial Growth Fund, with our region receiving significantly less than most other regions. The new Government has announced a $1200 million Regional Infrastructure Fund. We need to position ourselves well to ensure we secure a better share. We need to engage early with the Government on what sort of projects it plans to support and align our own priorities to maximise the investment in Nelson.

3.16    A further major issue for Nelson is the future of our polytechnic. Nelson City Council provided the original land in Hardy Street for its establishment in 1904 as the Nelson Technical School and we have strong community interest in what structure may follow the disestablishment of the nationalised institute, Te Pūkenga. The polytechnic is very important to the central city economy. Central Nelson, in particular, is missing the benefits of international students both as customers and part-time workers in the retail and hospitality sectors. Critics of Te Pūkenga have highlighted its failure to market and rebuild the number of international students following Covid. There are a number of governance options being considered for what will replace Te Pūkenga. We need to engage with the Government to get the optimal outcome for our city.

3.17    Another significant issue is the new Government’s policy on Council water infrastructure. We are expecting the current “Three Waters/Affordable Water” reform legislation from the previous Government to be repealed by the end of February and replacement legislation for its “Local Water Done Well” policy to be introduced later this year. We continue to manage and plan the infrastructure for our three waters – drinking water, stormwater and wastewater – in the Long Term Plan process as if it remains directly owned by Council, ensuring we keep up the maintenance and capital investment.

3.18    The new Government’s policy still signals the need for reform albeit with a strong preference for this to be more locally driven and for all assets to remain locally owned. Council officers do see some advantages in a Council Controlled Organisation (CCO) model, do not favour including stormwater but also note that any reform is a massive piece of work that will require significant time to consider or advance. There will also be consideration of whether any CCO is Nelson alone, Nelson and Tasman, or further afield. Our two neighbouring Councils face significantly larger costs than Nelson, Tasman in particular. We should keep our options open and – through Local Government New Zealand, Council officers and other contacts – keep close tabs on Government policy and the thinking of our neighbouring authorities on where to from here for Nelson.

3.19    The new Government has also outlined a policy of Regional/City Deals as a framework for improving the relationship between local and central Government and addressing the infrastructure deficit across New Zealand. The Nelson Regional Development Agency has been assisting in initial discussions with the Government on Nelson and Tasman priorities. We have secured a meeting with the Minister of Local Government that I will attend with our Chief Executive and Tasman District Council to advance this work and I will keep Council informed of progress.  

 

Attachments

Nil

 


 

Item 12: Approval of Draft Financial Strategy as supporting information for Long Term Plan 2024-2034 consultation

 

Council

1 February 2024

 

Report Title:             Approval of Draft Financial Strategy as supporting information for Long Term Plan 2024-2034 consultation

Report Author:         Nikki Harrison - Group Manager Corporate Services

Report Number:       R28265

 

 

1.       Purpose of Report

1.1      To approve the Draft Financial Strategy as supporting information for the Long Term Plan 2024-2034 consultation process.

2.       Summary

2.1      Council is required to prepare and adopt a Financial Strategy as part of the Long Term Plan 2024-2034. It also needs to make available to the public supporting information that was used to inform development of the Long Term Plan Consultation Document.

2.2      The attached Draft Financial Strategy has been prepared to reflect and give effect to decisions Council has made during the Long Term Plan process to date and is supporting information that will be made available to the public during the Long Term Plan consultation period.

3.       Recommendation

That the Council

1.    Receives the report Approval of Draft Financial Strategy as supporting information for Long Term Plan 2024-2034 consultation (R28265) and its attachment (1852948764-480); and

2.    Approves the Draft Financial Strategy (1852948764-480) as supporting information for the Long Term Plan 2024-2034 consultation process in accordance with sections 93G and 101A of the Local Government Act 2002; and

3.    Agrees that His Worship Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments required to the Financial Strategy prior to it being made available as supporting information during the Long Term Plan consultation process, including any amendments necessary to address audit requirements or any legislative changes prior to the consultation occurring.

4.       Background

4.1      Council is required to prepare and adopt a Financial Strategy as part of the Long Term Plan 2024-2034. The Strategy must cover the same ten year period as the Long Term Plan.

4.2      The Long Term Plan Consultation Document needs to include matters of public interest relating to the content of the Financial Strategy. The Draft Strategy needs to be available as supporting information during the Long Term Plan consultation process, as it is information that is relied on by the content of the Consultation Document. The final Financial Strategy will be included in the Long Term Plan 2024-2034 when Council adopts it in June 2024.

4.3      The purpose of the Financial Strategy is to facilitate prudent financial management by Council, and to provide a context for consultation on the Council’s proposals for funding and expenditure by making clear the overall effects of those proposals on the Council’s services, rates, debt and investments. The Local Government Act 2002 outlines the matters the Financial Strategy must cover (refer section 101A).

4.4      Council discussed key aspects of the Financial Strategy at various Long Term Plan workshops and made some decisions impacting the content of the Strategy at the 14 December 2023 Council meeting.

5.       Discussion

5.1      Council needs to consider the financial prudency requirements of sections 100 and 101 of the Local Government Act 2002 (LGA2002) when developing the Financial Strategy. Section 100 of the LGA2002 states that a “local authority must ensure that each year’s projected operating revenues are set at a level sufficient to meet that year’s projected operating expenses”, although the Act also provides the ability not to set a balanced budget if certain conditions are met. Council is proposing a balanced budget in each year of the Long Term Plan.

5.2      Section 101 of the LGA2002 requires that Council “manages its revenues, expenses, assets, liabilities, investments, and general financial dealings prudently and in a manner that promotes the current and future interests of the community”. Therefore, Council must make adequate and effective provisions in the Long Term Plan to meet the expenditure needs identified in the Plan.

 

 

Key changes to the Draft Financial Strategy

5.3      Staff have prepared the Draft Financial Strategy to reflect the decisions Council has made, including:

·    The rates cap policy remains unchanged from the Long Term Plan 2021-2031, being local government cost index plus 2.5% and an allowance for growth

·    The debt limit has been increased from a debt to revenue ratio of 175% to a debt to revenue ratio of 200%

·    The financial information, budgets, tables and graphs reflect the projects and budget decisions made to date.

Changes to funding depreciation

5.4      Council’s assets are regularly revalued. Council has seen very large infrastructure valuation increases during the last four years. At 30 June 2023, our assets were worth $2.4 billion, compared with $1.5 billion in 2019. Given the impact on rates, it is not affordable for current ratepayers to fully fund the increased depreciation on the revaluations in one step.  The Draft Financial Strategy provides for Council to phase in the depreciation funding over the 10 years of the Long Term Plan.  Therefore, Council plans to fully fund depreciation by 2034. 

Forecast increase for capital and operating expenditure

5.5      The ten year forecast capital expenditure was $645 million (including inflation, excluding vested assets and the joint business units) in the Long Term Plan 2021-2031. This is proposed to increase to $1,036 million in the Long Term Plan 2024-2034, of which $436 million is for renewals. Overall capital expenditure is proposed to increase by $391 million. This significant capital expenditure programme reflects the need to undertake renewals, meet growth needs and it reflects the greatly increased costs of doing the work. 

5.6      The forecast operational expenditure is proposed to increase from $169.9 million in 2023/24 to $177.3 million in 2024/25, rising to $250.8 million at the end of the 10 year period in 2033/34. 

6.       Options

6.1      There are two options available to Council.

Option 1: Approves the Draft Financial Strategy as supporting information for the Long Term Plan 2024-2034 consultation process (recommended option)

Advantages

·   Provides Council with the opportunity to make minor amendments at the meeting.

·   Meets the requirements of the LGA2002.

·   Provides the community with the opportunity to provide feedback to Council on the Draft Strategy and the matters impacting the content of the Strategy through the Long Term Plan consultation process.

Risks and Disadvantages

·   Council would not have an opportunity to make major amendments to the Draft Strategy if it considers they are needed prior to public consultation.

Option 2: Amend the Draft Financial Strategy prior to approving it as supporting information for the Long Term Plan consultation process

Advantages

·    If Council considers that the Draft Strategy does not meet its needs, Council can request staff to make further amendments before approving the Draft Strategy as supporting information.

Risks and Disadvantages

·    Use of further staff time to undertake the amendments and report back to Council.

 

7.       Conclusion

7.1      The Draft Financial Strategy reflects Council’s proposals for the Long Term Plan 2024-2034.  Staff recommend that the Draft Strategy is approved as supporting information for the Long Term Plan consultation process.

8.       Next Steps

8.1      If approved by Council, the Draft Financial Strategy will be made available as supporting information during the Long Term Plan 2024-2034 consultation process. Staff will then prepare the final Strategy for adoption in late June 2024.

 

Attachments

Attachment 1:   1852948764-480 Draft Financial Strategy 25 Jan 2024  

 

Important considerations for decision making

Fit with Purpose of Local Government

Approving the Draft Financial Strategy as supporting information for the Long Term Plan 2024-2034 consultation process facilitates public input into Council’s democratic decision-making processes

Consistency with Community Outcomes and Council Policy

The Draft Strategy is required as an input into the Long Term Plan 2024-2034 process and the final Strategy will need to be adopted by Council in June 2024 as part of the final Long Term Plan. Making the Draft Strategy available during the Long Term Plan consultation process is consistent with the community outcome “Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement”.

Risk

Approving the Draft Financial Strategy as supporting information for the Long Term Plan consultation process is considered low risk, as Council will consider the views of the public before making its final decisions. The proposed process is in line with the requirements of the LGA2002. There is a risk that some members of the public might object to the final decisions that Council makes or challenge the process. Ensuring a robust consultation process and explaining the reasons for decisions will help mitigate this risk.

Financial impact

There is limited financial impact from the decision to approve the Draft Strategy as supporting information for the Long Term Plan consultation process. The consultation costs will be covered from existing budgets

Degree of significance and level of engagement

The decisions sought in this report have been assessed as having a low to moderate overall level of significance, as the Draft Strategy is being approved as supporting information for the Long Term Plan consultation process.  Adoption of the final Financial Strategy and Long Term Plan will be of high significance due to the level of community interest, the impact on levels of service, and the impacts of rates and debt on the community.  However, the community will have an opportunity to provide feedback before the final Financial Strategy is adopted as part of the Long Term Plan 2024-2034.

Climate Impact

        The decisions in this report will have no impact on the ability of 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 under the LGA2002 (sections 93G and 101A). The legal process Council must follow to make this decision, is to consider the Draft Strategy and, if happy with it, approve it as supporting information for the Long Term Plan consultation process, prior to adopting the final Financial Strategy in June as part of the Long Term Plan 2024-2034.

        Council’s decision must be made in accordance with the decision making provisions in Part 6 of the LGA2002.

Delegations

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

 


Item 12: Approval of Draft Financial Strategy as supporting information for Long Term Plan 2024-2034 consultation: Attachment 1





















 

Item 13: Draft Revenue and Financing Policy for Consultation

 

Council

1 February 2024

 

Report Title:             Draft Revenue and Financing Policy for Consultation

Report Author:         Nikki Harrison - Group Manager Corporate Services

Report Number:       R28112

 

 

1.       Purpose of Report

1.1      To approve the Draft Revenue and Financing Policy for consultation at the same time as the Long Term Plan (LTP) 2024-2034 consultation process in March/April 2024.

2.       Summary

2.1      Council is required to prepare and adopt a Revenue and Financing Policy. The Draft Policy must be consulted on prior to Council adopting the final Policy.

2.2      Staff are recommending some amendments to the existing Revenue and Financing Policy, including changes to meet new legislative requirements.  The Draft Policy, including proposed amendments, is contained in the attachment to this report for Council’s consideration. Staff recommend that the consultation is undertaken in parallel with the LTP 2024-2034 consultation process.

3.       Recommendation

That the Council

1.    Receives the report Draft Revenue and Financing Policy for Consultation  (R28112) and its attachment (1852948764-352); and

2.    Approves the Draft Revenue and Financing Policy (1852948764-352) for public consultation in accordance with sections 102, 103, 82 and 82A of the Local Government Act 2002; and

3.    Agrees that the consultation on the Draft Revenue and Financing Policy will occur at the same time as the Long Term Plan 2024-2034 consultation process; and

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 Revenue and Financing Policy prior to it being made available for public consultation, including any amendments necessary to address audit requirements or any legislative changes prior to the consultation occurring.

 

4.       Background

4.1      The Local Government Act 2002 (LGA 2002) requires that Council has a Revenue and Financing Policy. The Policy must state the Council’s policies in respect of the funding of operating expenses and capital expenditure from sources outlined in the LGA 2002. For each activity, the funding sources are determined by Council following consideration of:

(a)     In relation to each activity to be funded –

i.   the community outcomes to which the activity primarily contributes; and

ii.  the distribution of benefits between the community as a whole, any identifiable part of the community, and individuals; and

iii. the period in or over which those benefits are expected to occur; and

iv. the extent to which the actions or inaction of particular individuals or a group contribute to the need to undertake the activity; and

v.  the costs and benefits, including consequences for transparency and accountability, of funding the activity distinctly from other activities; and

(b)     The overall impact of any allocation of liability for revenue needs on the current and future social, economic, environmental, and cultural wellbeing of the community.

4.2      As a result of recent amendments to the LGA 2002, the policy is now also required to state how it supports the principles set out in the Preamble to Te Ture Whenua Māori Act 1993. The attached Draft Policy now meet this requirement.

4.3      The Policy must be reviewed using a consultation process that gives effect to the Principles of Consultation in section 82 of the LGA 2002. The Policy is typically reviewed prior to adoption of a LTP to ensure consistency between the documents.

4.4      Council discussed the review of the Policy at a workshop on 29 June 2023.

5.       Discussion

5.1      Having considered all reasonably practical options in accordance with section 82 of the LGA 2002, staff are recommending the following key amendments to the existing Revenue and Financing Policy.

5.1.1   Amending the Introduction section to meet the new legislative requirement to state how the policy supports the principles set out in the Preamble to Te Ture Whenua Māori Act 1993; and

5.1.2   Making editorial amendments to the Policy and correcting administrative and legislative matters that have changed since the last policy was developed; and

5.1.3   Adding wording in section 7.2 of the Policy that Council is proposing to split out the Forestry category from the Rural category of land and to not apply a differential to land in the Forestry category.  This will mean that Forestry land will no longer benefit from the negative 35% differential. However, the differential will remain on Rural category land; and

5.1.4   Changing the wording in section 7.2 of the Policy to reflect Council’s decision in the Annual Plan 2023/24 to hold the Commercial differential to the level of the previous year but noting that Council may decide on an annual basis to retain the Commercial differential or reduce it by up to 0.5% per year.

5.1.5   Removing the Clean Heat Warm Homes and Solar Hot Water Systems voluntary targeted rates, as these voluntary rates are no longer offered; and

5.1.6   Adding a new sub-section 7.4 on the changes to targeted rates, involving:

·        splitting the stormwater and flood protection rate into separate rates for each activity and the reasons for this change

·        outlining the proposal to extend the coverage of the flood protection rate and to change it from a uniform basis targeted rate to a land value basis targeted rate

·        outlining Council’s proposal to establish a new targeted rate to cover the costs of the recovery from the August 2022 severe weather event; and

5.1.7   Updating the sources of funding table on pages 10-11 to reflect Council’s proposed changes to various funding sources and to the related policies for funding operating and capital expenditure:

5.1.8   Changes to the Activity and Summary of Funding Targets tables on pages 17-31 to update the:

·   community outcomes that the activities contribute towards

·   private and public funding percentages to reflect the current activities and the current revenue splits

·   information contained in the various sections of the tables in order to improve the Policy and to better reflect Council’s proposals for the Long Term Plan 2024-2034.

5.2      The attached version of the Policy (1852948764-352) contains these and other more minor changes from the previous version. A version of the Policy showing all the changes, can be requested from staff, if required.

6.       Consultation Process

6.1      When adopting or amending the Revenue or Financing Policy, Council must consult.  Staff recommend that Council consults on the Draft Policy at the same time as the Long Term Plan 2024-2034 consultation process next year. The consultation process for the Draft Policy and the consultation information will be decided when the Long Term Plan consultation approach is adopted.

6.2      As the proposed changes to the policy have been assessed as of low to moderate overall significance, it is appropriate for Council to undertake consultation under sections 82 and 82A of the LGA 2002, based on the principles of consultation. 

7.       Options

7.1      There are two options available to Council.

Option 1: Approve the Draft Revenue and Financing Policy for consultation at the same time as the Long Term Plan 2024-2034 consultation process (recommended option)

Advantages

·   Provides Council with the opportunity to make minor amendments at the meeting.

·   Undertaking the consultation at the same time as the Long Term Plan process provides efficiencies for Council processes and for potential submitters.

·   Meets the requirements of the LGA 2002.

·   Enables consistency with the proposals in the Long Term Plan 2024-2034 Consultation Document.

·   Provides the community with the opportunity to provide feedback to Council on the Draft Policy.

·   Allows Council to consider feedback and make changes at the same time as the Long Term Plan 2024-2034 to ensure consistency.

Risks and Disadvantages

·   Council would not have an opportunity to make major amendments to the Draft Policy, if it considers they are needed prior to public consultation.

Option 2: Amend the Draft Revenue and Financing Policy prior to consultation

Advantages

·    If Council considers that the Draft Policy does not meet its needs or the needs of the community, Council can request staff to make further amendments before releasing the Draft Policy for public consultation.

Risks and Disadvantages

·    There could be inconsistency between the Revenue and Financing Policy and the Long Term Plan Consultation Document if the Policy is not updated.

·    Use of further staff time to undertake the amendments and report back to Council.

 

8.       Conclusion

8.1      The Draft Revenue and Financing Policy incorporates amendments to meet new legislative requirements in the LGA 2002, to reflect Council’s proposals for the Long Term Plan 2024-2034 and to improve the existing Policy. It provides a good basis for public consultation. Staff recommend that the Draft Policy is approved for public consultation.

9.       Next Steps

9.1      If agreed by Council, the consultation on the Draft Policy will take place at the same time as the Long Term Plan 2024-2034 consultation process. Staff will then prepare the final Policy for adoption in late June 2024.

 

Attachments

Attachment 1:   1852948764-352 Draft Revenue and Financing Policy 2024-2034  

 

Important considerations for decision making

Fit with Purpose of Local Government

Approving the Draft Revenue and Financing Policy for consultation enables public input into Council’s democratic decision-making processes.

Consistency with Community Outcomes and Council Policy

The Draft Policy is required as an input into the Long Term Plan 2024-2034 process and will need to be adopted by Council in June 2024, prior to the Long Term Plan being adopted. Consulting on the Draft Policy is consistent with the community outcome “Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement”.

Risk

Approving the Draft Policy for consultation is considered low risk, as Council will consider the views of the public before making its final decisions. The proposed process is in line with the requirements of the LGA 2002. There is a risk that some members of the public might object to the final decisions that Council makes or challenge the process. Ensuring a robust consultation process and explaining the reasons for decisions will help mitigate this risk.

Financial impact

There is limited financial impact from the decision to consult on the Draft Policy. The consultation costs will be covered from existing budgets.

Degree of significance and level of engagement

The decisions sought in this report have been assessed as having a low to moderate overall level of significance, and the community will have an opportunity to provide feedback before the final Revenue and Financing Policy is adopted.

Climate Impact

The decisions in this report will have no impact on the ability of 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 under the LGA 2002 (including sections 102, 103, 82 and 82A). The legal process Council must follow to make this decision, is to consider the Draft Policy and, if happy with it, consult the public prior to adopting the final Revenue and Financing Policy.

Council’s decision must be made in accordance with Part 6 of the LGA 2002. In relation to this decision, that requires specific consideration of the Principles of Consultation outlined in section 82 of the LGA 2002. Council has discretion as to how it applies the Principles having regard to various matters outlined in section 82(4). The decision on how Council consults the public will be made at the time when the Council considers the Long Term Plan 2024-2034 process, as the two consultations are proposed to occur at the same time.

Delegations

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

 


Item 13: Draft Revenue and Financing Policy for Consultation: Attachment 1


































 

Item 14: Proposed changes to Council's fees and charges for 2024/25

 

Council

1 February 2024

 

Report Title:             Proposed changes to Council's fees and charges for 2024/25

Report Author:         Michelle Joubert - Strategic Adviser

Report Authoriser:   Mandy Bishop - Group Manager Environmental Management

Report Number:       R28216

 

 

1.     Purpose of Report

1.1      To approve proposed changes to Council’s fees and charges for 2024/25.

1.2      To approve the Statement of Proposal for proposed fees and charges for public consultation, using the special consultative procedure (SCP), as per section 83 of the Local Government Act 2002.

2.     Summary

2.1      Staff have reviewed Council’s fees and charges and followed elected members’ direction to generally increase fees and charges to the top of the Revenue and Financing Policy range. This is to reflect the significant cost pressures facing Council and to keep a reasonable balance of costs between the ratepayers and the people or businesses using the service.

2.2      Many of Council’s fees and charges for 2024/25 are proposed to increase by the Consumer Price Index (CPI) of 5.6% which is within the Chief Executive’s delegation to approve. This report identifies fees and charges where Council approval is needed or a consultation with the community is going to be undertaken. This includes fees and charges increasing by more than CPI, any new fees or removal of fees, and those where legislation requires formal consultation through the SCP.

3.     Recommendation

That the Council

1.    Receives the report Proposed changes to Council's fees and charges for 2024/25 (R28216)  and its attachments (1598046314-141), (1598046314-132) and (1598046314-140); and

2.    Adopts the proposed Schedule of Fees and Charges in Attachment 1 (1598046314-141) noting that those fees do not require consultation; and

3.    Approves, subject to the Long Term plan consultation process on the Regional Landfill fees, an increase of 17.7% (rounded for cash handling) to Solid Waste charges at the Nelson Waste Recovery Centre (as set out in Attachment 1(1598046314-141)) effective 1 July 2024; and

4.    Adopts the Statement of Proposal for the proposed Schedule of Fees and Charges in Attachment 2 (1598046314-132) for those fees and charges that must be consulted on using the Special Consultative Procedure under section 83 of the Local Government Act 2002; and

5.    Notes that all proposed fee changes in this report that are not approved by Council, will be consulted on using the same process (even where the Special Consultative Procedure is not required); and

6.    Agrees a summary of information in the Statement of Proposal is not necessary to enable public understanding of the proposal; and 

7.    Approves the consultation approach (set out in section 5.10 of this report) and agrees:

a) the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b) the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

 

4.     Background

4.1      In addition to rates and government subsidies and grants, the main source of revenue which funds Council activities is fees and charges. When people apply for a Council approval, license or registration, use Council services, or otherwise cause Council to incur cost in implementing its statutory functions, Council is able to charge the beneficiary or applicant, under provisions in specific legislation or under general powers in the Local Government Act 2002.

4.2      Fees and charges enable partial recovery of Council’s costs and administration of its statutory functions. Section 101(3) of the Local Government Act 2002 requires funding to be from those sources determined to be appropriate following a consideration of various factors. These factors include the distribution of benefits between the community as a whole and those individuals undertaking the activity, the period of when those benefits are expected to occur and contributions to community outcomes by the activity.

4.3      Section 12 of the Local Government Act 2002 provides Council with a broad general power for setting fees and charges for goods, services and amenities provided by Council to the community. Council has specific delegations for the setting of fees and charges in its Delegations Register. Generally:

4.3.1   the Chief Executive has delegation to set fees and charges where the increase is less than or in line with CPI.

4.3.2   Council approval is required for increases in fees and charges over the current CPI or where Council approval is otherwise required (for example by a bylaw or by legislation).

4.4      The CPI released by Statistics New Zealand for the quarter ending September 2023 was at 5.6%, which would be applied to the 2024/25 fees.

4.5      Fees and charges may be adjusted to achieve the targets set out in Council’s Revenue and Financing Policy. This Policy outlines the public/private benefit split which is used to determine the level of cost recovery from non-rate sources.

4.6      Some fees and charges covered under a bylaw require consultation to make any amendments; for example, the marina fees and charges covered under Council’s Navigation Safety Bylaw.

4.7      Fees and charges under the Resource Management Act 1991 (section 36) and the Food Act 2014 (section 205) must be consulted on using a SCP as set out in the Local Government Act 2002.

5.     Discussion

5.1      Staff have reviewed the fees and charges and are now seeking approval for new charges and charges above CPI as set out in Attachment 1 (1598046314-141). In summary:

5.1.1     A new fee for items included in a ‘Library of things’ at the Elma Turner Library.

5.1.2     A new ‘Pack in / Pack out’ fee for bookings that require extra days to prepare for events held within the Founders Heritage Park.

5.1.3     New course and group rate fees for the Waahi Taakaro Golf Club.

5.1.4     An increase in the cost (above CPI) for 9-hole and 18-hole course fees at the Waahi Takaro Golf Club and all other fees that are being proposed to be calculated as a percentage of those fees.

5.1.5     An increase in cost (above CPI) to the annual and daily boat storage park fees at the Marina. 

5.1.6     Nelson Waste Recovery Centre fees, the fees for refuse (excluding tires) and green waste have been adjusted (proposed increase over CPI) to be more reflective of the cost of disposal.

5.1.7     The insurance levy for building consent fees under the Building Act is proposed to increase by more than CPI to meet the higher insurance costs relating to this activity.

5.2      The draft Statement of Proposal in Attachment 2 (1598046314-132) covers fees and charges listed below:

5.2.1     Marina fees and charges (proposed increase above CPI and provided for under clause 3.4 of the Navigation Safety Bylaw 2019).

5.2.2     Cemetery and crematorium fees (proposed new fee and provided for under clause 8.32 of the Urban Environments Bylaw 2022).

5.2.3     Resource management fees and charges (proposed increase over CPI and a requirement under the Resource Management Act to undertake a SCP).

5.2.4     Annual environmental monitoring fees and charges (propose a CPI increase, requirement under Resource Management Act to undertake a SCP).

5.2.5     Food Act fees (proposed increase over CPI and a requirement under the Food Act to undertake a SCP).

5.2.6     Public health fees (proposed increase over CPI).

5.2.7     York Valley Landfill fees and charges (proposed increase over CPI).

5.3      Following consultation for the proposed fees and charges included in the Statement of Proposal, Council will need to set the fees by resolution, at a meeting prior to 1 July 2024.

5.4      For Council’s information only, a draft schedule comparing the proposed 2024/25 Council fees and charges (excluding those covered in this report) against the 2023/24 fees and charges, is provided in Attachment 3 (1598046314-140).

Consultation

5.5      Section 36(3) of the Resource Management Act 1991 provides that charges may be fixed under section 36 only in the manner set out in section 150 of the Local Government Act 2002, using a SCP set out in section 83 of the Local Government Act 2002.

5.6      Section 205 of the Food Act 2014 gives territorial authorities the power to set fees for registration, verification and compliance and monitoring activities under this Act.  The territorial authority must use a SCP when setting its fees (section 205(2)) and the new fees are to take effect at the commencement of the financial year.

5.7      Council will also be consulting on the changes to fees and charges related to public health, and the marina, using the same SCP process (even though a SCP is not required). It will improve both public understanding and efficiency if Council uses the same consultation approach for all the fees and charges it is consulting on. 

5.8      In undertaking a SCP the Local Government Act 2002 requires the Council to make the statement of proposal publicly available, along with a description of how persons interested in the proposal will be provided with an opportunity to present their views and the period during which those views may be provided to the Council.

5.9      Additionally, section 83(1)(a)(ii) of the Local Government Act 2002 requires Council to consider whether a summary of the information contained in the statement of proposal “is necessary to enable public understanding of the proposal.” The draft Statement of Proposal is not unduly complicated and therefore, a summary is not considered necessary to assist with the public’s understanding of it.

5.10    The public consultation process provides an opportunity for the public and other stakeholders to engage in the process and a structured way in which Council can respond to any concerns that may be raised. The process will run in parallel to the Long Term Plan consultation process. It is planned to use the Long Term Plan hearings to also hear submissions on proposed changes to fees and charges (noting that a separate report and deliberations process will be required).

5.11    The following are the key methods proposed to raise public awareness of the consultation process and to encourage those who may be affected or have an interest in the proposals to present their views. These may be amended as the consultation process progresses.

5.11.1 Advertising key information and dates in Our Nelson prior to, during, and near the end of the consultation period.

5.11.2 Publishing relevant information, key documents and timeframe for making submissions on the Nelson City Council website, and web app.

5.11.3 Issuing a media release outlining the proposal and the key issues also to be sent to relevant industry associations.

5.11.4 Make available, at no cost, hard copies of the Statement of Proposal from the Customer Service Centre and Council libraries.

6.     Proposed new fees and charges

Founders Heritage Park

6.1      Staff propose a new fee and charge for 2024-25, that will apply to all areas available for hire at Founders Heritage Park. 

6.2      The proposed 2024-25 new fee is for ‘Pack in / Pack out’ hire days. The proposed new fee for 2024-25 is outlined below.

Fees and charges

Proposed change

2024/25

Pack in and Pack out for the following areas: Jaycee room; Granary; and Energy Centre. It includes all Function hire; Ground hire; and the Full Park hire. 

New

50% of the daily rate per pack in and pack out for the area being hired. 

6.3      The new fee being proposed is in alignment with other Council facilities. 

Library

6.4      Staff propose one new library fee and charge for 2024-25. 

6.5      The new fee is for items held in the ‘Library of things’ collection and is outlined below.

Fees and charges

Proposed change

2024/25

Items included in the ‘Library of things’ collection (sewing machines, hobby bags, board games and technology items)

New

$3.10

6.6      The library is increasingly offering non-traditional items to borrow such as sewing machines, hobby bags, board games and technology items. The proposed new charge is to offset wear and tear on the items and aligns with existing charges for items such as DVDs.

Waahi Taakaro Golf Club

6.7      Staff propose several new fees and charges for 2024-25.

6.8      Staff, in agreement with Waahi Taakaro Golf Club, are recommending a change to how course fees are set in 2024-25. Rather than setting separate fees for each item, fees are based off the 9-hole and 18-hole fees. This will make the fee schedule easier to manage and understand for the Club and its users.

6.9      Two types of fees are being removed. Full course hire will no longer be available and will instead be replaced with group discounts. Group bookings will mean that rather than booking the full course, a group will book only the rounds that they need, leaving room for others to play on the course around the group.

6.10    Summer endless golf fees are being removed, and instead normal fees will apply as this was not a well-used service.

6.11    The proposed new fees and charges are outlined below.

Course Fees:

Fees and charges

Proposed change

2024/25

Junior– 18 holes (50% discount)

New

$15.00

Group Rates:

Fees and charges

Proposed change

2024/25

Summer (per player – 9 holes – group 13 to 36 people) (25% discount)

New

$17.50

Summer (per player – 18 holes – group 13 to 36 people) (25% discount)

New

$22.50

Summer (per player – 9 holes – group greater than 36) (35% discount)

New

$15.00

Summer (per player – 18 holes – group greater than 36) (35% discount)

New

$19.50

Winter (per player – 9 holes – group 13 to 36 people) (40% discount)

New

$14.00

Winter (per player – 18 holes – group 13 to 36 people) (40% discount)

New

$18.00

Winter (per player – 9 holes – group greater than 36) (50% discount)

New

$11.50

Winter (per player – 18 holes – group greater than 36) (50% discount)

New

$15.00

7.     Proposed increases to fees and charges above CPI

Waahi Taakaro Golf Club

7.1      In addition to the proposed new fees outlined in paragraphs 6.7-6.11 above, Staff propose to increase the following fees and charges over CPI for 2024-25 to align more closely with other golf clubs in the region and to make the fee structure clearer for the user.

Course Fees:

Fees and charges

2023/24

Proposed change

2024/25

Course Fees – 9 holes

$21.00

Increase of 9.5%

$23.00

Course Fees – 18 holes

$26.50

Increase of 13.2%

$30.00

Juniors – 9 holes (50% discount)

$10.50

Increase of 9.5%

$11.50

Gold Card – 18 holes (20% discount)

$22.00

Increase of 9.1%

$24.00

Members of other clubs – 18 holes (20% discount)

$22.00

Increase of 9.1%

$24.00

Members of clubs with reciprocal agreements – 9 holes (40% discount)

$12.50

Increase of 8.0%

$13.50

Members of clubs with reciprocal agreements – 18 holes (40% discount)

$16.00

Increase of 12.5%

$18.00

Multiple Passes:

Fees and charges

2023/24

Proposed Change

2024/25

Five round pass – 9 holes (20% discount)

$84.00

Increase of 9.5%

$92.00

Ten round pass – 9 holes (20% discount)

$168.00

Increase of 9.5%

$184.00

Five round pass – 18 holes (20% discount)

$106.00

Increase of 13.2%

$120.00

Five round pass – 18 holes (20% discount)

$212.00

Increase of 13.2%

$240.00

Memberships – 12 months

Fees and charges

2023/24

Proposed Change

2024/25

Adult – 18 holes

$321.00

Increase of 12.1%

$360.00

Adult – 9 holes

$235.00

Increase of 17.4%

$276.00

Junior (secondary school) (25% of full membership)

$80.00

Increase of 12.5%

$90.00

Junior (per-secondary school) (15% of full membership)

$46.00

Increase of 17.4%

$54.00

Tertiary students and females pay a 9 holes membership fee to receive an 18 hole membership

$235.00

Increase of 17.4%

$276.00

Memberships – 6 months (October to March) (based on 60% of full membership)

Fees and charges

2023/24

Proposed Change

2024/25

Adult – 18 holes

$192.00

Increase of 12.5%

$216.00

Adult – 9 holes

$154.00

Increase of 7.5%

$165.60

Junior (secondary school)

$48.00

Increase of 12.5%

$54.00

Junior (per-secondary school)

$27.00

Increase of 20.0%

$32.40

Memberships – 3 months (January to March) (based on 30% of full membership)

Fees and charges

2023/24

Proposed Change

2024/25

Adult – 18 holes

$96.00

Increase of 12.5%

$108.00

Adult – 9 holes

$77.00

Increase of 7.5%

$82.80

Junior (secondary school)

$24.00

Increase of 12.5%

$27.00

Junior (per-secondary school)

$13.00

Increase of 24.6%

$16.20

7.2      Annual membership fees are calculated as one course fee per month for the 12-month period.

Marina fees (not set under the Navigation Safety Bylaw)

7.3      Staff propose two changes above CPI to Marina fees and charges for 2024-25.

7.4      The proposed 2024-25 changes are to increase the boat storage park annual and daily charge fees by 15%. The proposed increase on the 2024-25 charge is outlined below.

Fees and charges

2023/24

Proposed change

2024/25

Annual storage – Per space, includes annual ramp fee pass (excl. GST)

$1,168.00

Increase of 15%

$1,343.20

Daily storage – Per space in advance (excl. GST)

$5.00

Increase of 15%

$5.75

7.5      An increase in storage fees will help offset the boat ramp, which currently operates at a loss.

Solid Waste

7.6      Nelson City Council and Tasman District Councils resolved, at their respective December 2023 meetings, to receive the Nelson Tasman Regional Landfill Business Unit Activity Management Plan (AMP) 2024-34 and approve it as the version to inform the development of the Long Term Plan 2024-34.

7.7      The AMP proposes the Regional Landfill fees increase by 17.7%. Accordingly, and subject to the consultation on the Regional Landfill fees, staff propose to match the increase in charges at the Nelson Waste Recovery Centre (NWRC) on average by the same amount. As the NWRC takes some payments in cash, figures have been rounded for cash handling purposes and accounts for increases in excess of 17.7%.   

Fees and charges

2023/24

Proposed change increase

2024/25

Refuse

General bag (up to 65 litres (maximum of 3)

$6.40

17.2%

$7.50

0.0-0.5m3 (car boot) Minimum charge 0.5m3

$43.00

16.3%

$50.00

0.5 – 1.0m3

$84.00

19.0%

$100.00

1.0 – 1.5m3

$127.00

18.1%

$150.00

1.5 – 2.0m3

$167.00

19.8%

$200.00

Thereafter per m3

$84.00

19.0%

$100.00

Hazardous (residential, up to 2kg or 1 litre)

$1.00

100%

$2.00

Hazardous thereafter per kg or litre

$3.00

34%

$4.00

Tyres - car

$13.00

16%

$15

Tyres - ute/SUV

$27.00

11%

$30

Tyres - on rim

$35.00

15%

$40

Tyres - truck or tractor

$123.00

18%

$145

7.8      Tyres – (shredded) per m3

$252.00

19%

$300.00

7.9      Hardfill and Demolition

$370.00

16.2%

$430.00

Greenwaste

General bag (up to 65 litres (maximum of 3)

$5.30

22.6%

$6.50

0.0-0.5m3 (car boot) Minimum charge 0.5m3

$20.00

25.0%

$25.00

0.5 – 1.0m3

$45.00

11.1%

$50.00

1.0 – 1.5m3

$61.00

14.8%

$70.00

1.5 – 2.0m3

$90.00

11.1%

$100.00

Thereafter per m3

$45.00

11.1%

$50.00

Building Act fees

7.8      The target for recovery from private users for building control services is set in the Revenue and Financing Policy at between 60-80%.  The actual recovery in 2022-2023 was approximately 81% private, 19% rates funded.  The proposal is to increase fees by CPI (5.6%), to maintain the level of recovery around the upper limit (80%) of the range, reflecting the actual time it takes to undertake the services.  Compared to other local authorities the proposed charges are in the upper quartile.

7.9      The table below shows a snapshot of similar hourly rates and levies payable at other similar sized Council Building Consent Authorities (BCAs).

Building Consenting hourly rates

 

NCC current 23/24

NCC proposed 24/25

Napier 23/24

New Plymouth 23/24

Tasman 23/24

Tasman proposed 24/25

MDC 23/24

Palmerston North 23/24

Building administration

 

$187

$197.50

$100

$153

$187

$210

Assumed $171

$135

Residential technical officers

$187

$197.50

$200

$180 - $202

$187

$210

$171 - $199

$216 - $235

Commercial technical officers

$225

$237.50

$200

$180 - $202

$187

$240

$171 - $199

$216 - $235

Building leadership team

N/A

N/A

N/A

N/A

N/A

$270

N/A

$235 - $250

Quality assurance levy

$3.38 per $1000 (over 20K value)

$3.60 per $1000 (over 20K value)

N/A

$1.80 per $1000

$1.00 per $1000

$3.60 per $1000 (over 20K value)

N/A

$1.77 per $1000

Insurance levy

$1.72 per $1000 (over 20K value)

$3.08 per $1000 (over 20K value)

N/A

N/A

$1.50 per $1000

$2.00 per  $1000 (over 20K value)

N/A

 

N/A

7.10    The exception to a CPI increase is a proposal to increase the BCA insurance levy due to increasing insurance costs for BCAs and the appropriate apportioning (based on risk) of Council’s insurance premiums to the building unit activities. Council has been informed of pending increases to insurance premiums of up to 100% prior to 1 July 2024.

7.11    Council’s professional indemnity/public liability insurance premium is currently $285,000 and 75% of this is due to BCA services. The BCA should therefore contribute $214,000 to the total insurance premium costs. Last financial year the BCA contributed $24,600 which leaves approximately $190,000 to be additionally recovered to meet the $214,000 premium cost.

7.12    To achieve the additional $190,000 required, the BCA proposes to raise the insurance levy from $1.72 to $3.08 per $1000 over $20,000 value. This is a 79% increase to the 2023/24 fee.

8.       Fees and charges that require consultation

Public health fees

8.1      Registration of premises such as hairdressers and camping grounds, for public health reasons, has a target recovery limit of 40-60% in the Revenue and Financing Policy.  The draft Statement of Proposal includes changes to fees and charges which will increase the level of recovery to around the upper limit of the range.

8.2      The licence fees are relatively low cost, but the upward increase will move them to the upper quartile compared to other local authorities.  The proposed fees and charges compared to other similar sized councils are set out in the table below:

Public health fees

NCC current 23/24

NCC  proposed

24/25

Napier 23/24

New Plymouth 23/24

Tasman 23/24

MDC 23/24

Palmerston North 23/24

Hairdressers

205

264

218

174

215

220

189

Offensive trades

305

393

220 - 389

176

309

135

478

Camping grounds

340

438

390

349

333

325

478

Funeral directors

215

277

300

174

333

250

478

Animal control per/h

187

241

185

Not listed

187

100+

208

Process Site Marine Contingency plans per/hour

187

241

Not listed

Not listed

Not listed

Not listed

N/a

Pollution response per/hour

187

241

Not listed

Not listed

Not listed

Not listed

Not listed

York Valley Landfill

8.3      The fees and charges for the York Valley Regional Landfill facility are set by the Nelson Tasman Regional Landfill Business Unit but are consulted on separately by each council.

8.4      Fees and charges are proposed to increase by 17.7%, from $212/tonne (excluding GST) in 2023/24, to $250 /tonne (excluding GST) in 2024/2025. This is a result of increased capital expenditure, increased costs in depreciation, interest rates, operations and maintenance costs, an additional $10/ tonne increase in Waste Minimisation Levy and funding requested by Nelson and Tasman councils for the local disposal levy.

8.5      The local disposal levy is used to fund local solid waste programmes – for Nelson this includes running the Pascoe Street transfer station, waste minimisation initiatives, green waste disposal, and recycling. 

9.       Fees and charges set under bylaws that require public consultation

Marina fees and charges set under the Navigation Safety Bylaw 2019

9.1      Council may set fees and charges for Marina services that are regulated under the Navigation Safety Bylaw 2019, under clause 3.4 of the Bylaw and section 150(3)(b) of the Local Government Act 2002.

9.2      The current charges came into effect on 1 July 2023. The charges were set to ensure those who benefit from the service pay a fair and reasonable share of the costs of these services. 

9.3      The fees and charges for Nelson Marina that are regulated by the Navigation Safety Bylaw are marina berthing fees for all vessels, live aboard charges and public boat ramp fees. The target for recovery from private users for the marina is set in the Revenue and Financing Policy at 100%. Other services provided by Nelson Marina are land based and are not covered by the Navigation Safety Bylaw.

9.4      Staff propose the following amendments to charges under the Navigation Safety Bylaw: 

9.4.1 Increase permanent annual recreational and commercial berth fees by 15% to better cover the costs for the service. 

9.4.2 Increase live aboard charges by 15% to align with increases above.

9.4.3 Increase public boat ramp launching fees by 150% from $6 to $15, which allows the marina to recover 72% of the costs of operating the ramp and is a reasonable increase. Revenue is collected from annual ramp fees for unlimited use or on a casual use basis.  Total revenue collected from the boat ramp launch fees is $30,000 and the total cost to the marina to operate the boat ramp is $90,000.  The shortfall of $60,000 is being subsidised by other revenue streams within the marina business.  For comparison, the Motueka boat ramp fee is $15 per use ($30 to launch and retrieve) and Marlborough Marinas (Havelock, Picton and Waikawa) is $14 to use the ramp. 

9.4.4 Increase public boat ramp annual launching permits by 150% as below.

Launching Permits, valid until 30 June:

2023/24 fee

Proposed 2024/25 fee

1 July – 30 June

$125

$312.50

1 Oct - 30 June

$105

$262.50

1 Jan – 30 June

$90

$225.00

1 Apr – 30 June

$78

$195.00

Casual use – per launch, pay at meters

$6

$15.00

9.5      Amendment of these fees and charges is subject to public consultation under section 82 of the Local Government Act 2002 (but in this instance will be subject to the SCP). Details of the amendments above, including a full breakdown of amended charges, are set out in the Statement of Proposal. 

Burial and cremation activities under the Urban Environments Bylaw 2022

9.6      Council may set fees and charges for burials and cremations, activities that are managed under the Urban Environments Bylaw 2022, under clause 8.32 of the Bylaw and section 150(3)(b) of the Local Government Act 2002. 

9.7      Officers are proposing a fee to reflect a new ash burial option provided at the cemetery. The option of a Standard Ash Plot (up to four urns) is being proposed at a price of $1,260.

9.8      There are currently only two options available: up to two urns, at a fee of $906, and up to eight urns, at a fee of $1,626. However, there is an increased interest in purchasing up to four urns. Without an agreed fee, currently plots for up to four urns are being charged the rate for up to two urns.

9.9      All other cemetery and crematorium fees are proposed to be increased by CPI. 

9.10    Amendment of these fees and charges provided for in the Urban Environments Bylaw is subject to public consultation under section 82 of the Local Government Act 2002 (but in this instance will be subject to the SCP).  Details of the amendments above, including a full breakdown of amended charges, are set out in the Statement of Proposal.

10.     Regulatory fees and charges that require public consultation through a SCP

10.1    The Food Act 2014 and the Resource Management Act 1991 require that fees and charges are consulted on using the SCP under section 83 of the Local Government Act 2002.

Food Act fees and charges

10.2    Section 205 of the Food Act 2014 enables Council to set its fees to recover the direct and indirect costs of any registration, verification, compliance and monitoring functions. The territorial authority must use the SCP when setting its fees (section 205(2)) and the new fees are to take effect at the start of the financial year.

10.3    Food Act fees and charges are a mixture of an initial fee for registrations, amendments, renewals and suspensions, and an hourly charge for other functions (verification and compliance).  Verifications involve visiting the site, determining compliance and reporting. The time to complete this task depends on the complexity of the business and level of compliance.  Charging an hourly rate for verifications and compliance activities is considered a fair method to accommodate the variability.

10.4    Food businesses create the need for inspections and enforcement activity and there is a significant private benefit arising from individual licences that certify individuals and owners of premises.  Ensuring businesses meet minimum standards is by user pays through fees and charges. 

10.5    The Revenue and Financing funding target for the food and public health activity for 2024/25 is 40-60% of costs recovered from fees and charges. This recognises the public benefits from healthy premises to the general community and that at least a third of staff time is spent responding to enquiries and other activities that cannot be charged to an application. 

10.6    In 2022/23, 53% of costs were met by fees and charges and 52% of the costs are expected to be recovered in 2023/24.  The proposed increase would help ensure that income received meets 55% the projected 2024/25 costs, rather than 60% (upper limit of Revenue and Financing recovery range).  The proposed increase is considered a reasonable increase in the current economic climate where business owners, particularly smaller businesses, are struggling to absorb increasing costs. 

Proposal

10.7    It is proposed to increase the fees and charges to help ensure that the costs are shared proportionally (in accordance with the Revenue and Financing Policy) between food business owners/operators and ratepayers.

10.8    The table below compares the fees and charges to other similar sized councils:

Food Act fees and charges

NCC current 23/24

NCC proposed 24/25

Napier 23/24

New Plymouth 23/24

Tasman 23/24

MDC 23/24

Palmerston North 23/24

New National programme registration

204

226

270

338

283

315

312

New Food control plan registration

300

333

270

338

283

315

312

Renewals / amendments/ suspensions

102

113

212

168

116

135

312

Hourly rate

187

207

185

168

187

178

194

Cancellation of verification appointment within 1 week of app

No charge

No charge

Not listed

Not listed

121

Not listed

Not listed

Cancellation of verification appointment within 48hrs of app

No charge

No charge

85

Not listed

240

135

Not listed

10.9    A full breakdown of proposed fees is provided in the Statement of Proposal (Attachment 2).

Resource management fees and charges

10.10  Section 36(4) of the Resource Management Act provides the criteria a local authority should have regard to when fixing charges related to resource consents.

10.11  In 2020-21, resource consent charges recovered 39% of Council’s costs. In 2021-22 a higher 42% was recovered. In 2022-23 a 40% recovery was achieved.

10.12  40-60% of total resource consent costs need to be recovered to meet the targets in the Revenue and Financing Policy. The main factors influencing the level of income received from charges are the hourly charge out rate and the number and complexity of resource consent applications. Overall consent application numbers were down last year from the previous three financial years but are tracking higher this year to date.

10.13  Costs for the resource consent services have been higher in recent years due to a higher reliance on consultants to assist with consent processing because of staff vacancies. Actual consultant costs are only on-charged to the applicant where there is no expertise in-house or there is a perceived conflict of interest if staff were to process the consent and/or make a decision on it. When consultants are engaged due to high workloads and/or staff vacancies the Council charge out rate is applied, and this is usually $20 to $30 per hour lower than consultant rates. This is fair for the customer who cannot decide who processes their consent, but the ratepayer picks up the difference.

Proposed charges

10.14  The total expense for the resource consent activity for 2024-25 is expected to be $3,114,000 (GST exclusive). These expenses include costs that cannot be on-charged, such as staff time responding to public enquiries and consent holder objections and appeals. Current charges at current levels of activity will recover approximately 45% of total costs.

10.15  It is proposed to increase the hourly charge out rate by 16.8% from $197 to $230 which would cover 52% of the expected costs. To achieve 60% of costs the hourly rate would need to increase to $256 and a CPI increase to $208 would cover 48% of costs. The proposed increase is considered a reasonable increase in the current economic climate where developers and property owners are facing large cost increases for building materials and insurance premiums.  A 30% increase in processing costs to meet the top end of the Revenue and Finance Policy recovery is not considered reasonable and might deter developments.

10.16  To provide some comparison, the current hourly rates of other neighbouring councils and councils of similar sizes are included in the table below.

 

Hourly rate 2023-24   

Nelson

$197 (proposed to be $230)

Tasman

$187

Marlborough

$185 planner

$220 senior

Napier

$173 - $183 planner

$194 senior

New Plymouth

$197 planner

$216 senior

Palmerston North

$220 planner

$235 - $255 senior

10.17  The fixed charge for deemed permitted activities is proposed to increase from $595 to $695 (16.8%) to reflect the increase in the staff hourly charge out rate.

10.18  It is also proposed to increase the initial charge (deposit) by more than CPI to reflect the proposed increase in the staff hourly charge out rate and to better reflect the true cost of processing the application. This will not change actual total charges, rather the initial charge increase is intended to provide more clarity to customers of the total average application processing costs. 

10.19  The initial monitoring charge applied at the time of the issuing of the resource consent is proposed to increase from $208 to $230 (11%) to reflect the proposed hourly staff charge out rate.

Annual environmental monitoring and science charges

Current charges

10.20  Charges apply to specific activities covered by resource consents, where there is a private benefit from publicly funded environmental monitoring.  Section 36 of the RMA provides for councils to collect charges from certain categories of consent holders for the purpose of “administration, supervision and monitoring”’ of those consents. This gives local authorities the power to recover ‘reasonable’ costs associated with the environmental monitoring function.

Proposed changes

10.21  The proposal is to increase the charges by CPI (5.6%). This will help ensure charges for those gaining the benefit from the service keeps up with the increasing costs of the service.     

10.22  A full breakdown of proposed fees is provided in the Statement of Proposal (Attachment 2).

11.   Options

Proposed fees and charges for Council approval

11.1   Founders Heritage Park (New Fees)

Option 1: Approve the new Founders Heritage Park fees for Pack in/pack out at 50% of the daily rate for the area being hired. (recommended)

Advantages

·    The fee will align more closely with the Revenue and Financing Policy targets.

·    The charge aligns with other facilities owned by Council.

Risks and Disadvantages

·    The new fee is not seen as reasonable by users.

Option 2: Do not approve the new Founders Heritage Park fee for Pack in / pack out of 50% of the rate for the area being hired.

Advantages

·    Reduced administration for staff and contractors to implement changes to fee structure.

·    Users would not need to find additional funds to cover the new fee being charged.

Risks and Disadvantages

·    Reduced revenue and inconsistencies between actual recoveries and Revenue and Financing Policy guidelines.

11.2   Library (New Fee)

Option 1: Approve the new library fee of $3.50 for items offered in the ‘Library of things’ collection (recommended)

Advantages

·    The fee will align more closely with the Revenue and Financing Policy targets.

·    The charge aligns with other items loaned out by the library.

·    The revenue gained can be used to replace items when required.

Risks and Disadvantages

·    The new fee is not seen as reasonable by users.

Option 2: Do not approve the new Library fee for items offered in the Library of things’ collection.

Advantages

·    Reduced administration for staff and contractors to implement changes to fee structure.

·    Users would not need to find additional funds to cover the new fee being charged.

Risks and Disadvantages

·    Reduced revenue and inconsistencies between actual recoveries and Revenue and Financing Policy guidelines.

11.3   Marina

Option 1: Approve increasing the annual and daily storage costs by 15% (recommended)

Advantages

·    The increase will align more closely with the Revenue and Financing Policy targets.

Risks and Disadvantages

·    The increase is not seen as reasonable by users.

Option 2: Do not approve changes to the annual and daily storage costs

Advantages

·    Reduced administration for staff and contractors to implement changes to fee structure.

·    Users would not need to find additional funds to cover the fee increase.

Risks and Disadvantages

·    Reduced revenue and inconsistencies between actual recoveries and Revenue and Financing Policy guidelines.

Option 3: Increase the annual and daily storage fees by CPI (5.6%)

Advantages

·    Council is unlikely to receive criticism for increasing fees by CPI.

Risks and Disadvantages

·    The Revenue and Financing Policy targets may not be met.  

11.4   Waaki Taakaro Golf Club (New Fees)

Option 1: Approve the new course fees for Juniors, and new summer and winter group rates (recommended)

Advantages

·    The new fees are in alignment with what other golf clubs offer in the region.

·    The fee structure is clearer for users and the Club

Risks and Disadvantages

·    None

Option 2: Do not approve the new fees.

Advantages

·    Reduced administration for staff and contractors to implement changes to fee structure.

·    The current fee structure will be limited. 

Risks and Disadvantages

·    Reduced revenue and inconsistencies between actual recoveries and Revenue and Financing Policy guidelines.

11.5   Waaki Taakaro Golf Club (fees increasing over CPI)

Option 1: Approve increasing the Waahi Taakora Golf Club 9 hole course fee by 9.5% and 18 hole course fee by 13.2% for the 2024/25 year, and subsequently increasing all other golf fees that have these as a base fee for 2024/25.  (recommended)

Advantages

·    The increase will align more closely with other golf clubs in the region.

·    The fee structure is clearer for users and the Club

Risks and Disadvantages

·    The increase is not seen as reasonable by users.

Option 2: Do not approve increasing the course fees.

Advantages

·    Reduced administration for staff and contractors to implement changes to fee structure.

·    Users would not need to find additional funds to cover the fee increase.

Risks and Disadvantages

·    Reduced revenue

Option 3: Approve increasing the course fees by CPI (5.6%)

Advantages

·    Council is unlikely to receive criticism for increasing fees by CPI.

Risks and Disadvantages

·    A lower increase is likely to lead to more significant adjustments in future years.

11.6   Solid Waste

Option 1: Approve increasing the Solid Waste fees by 17.7% (rounded for cash handling) subject to the Long Term plan consultation process on the Regional Landfill fees (recommended)

Advantages

·   Increases will align charges to better reflect the proposed increase in charges by the NTRLBU.

·    Prevents a larger increase at a later date.

Risks and Disadvantages

·   Increases are not seen as reasonable by users.

·   Potential increase in inappropriate disposal of waste.

Option 2: Do not approve increasing the Solid Waste fees subject to the Long Term plan consultation process on the Regional Landfill fees

Advantages

·    None.

Risks and Disadvantages

·    Reduced revenue and inconsistencies between recovery costs and charges.

·    A lower increase is likely to lead to more significant adjustments in future years.

Option 3: Approve increasing the Solid Waste fees by CPI 5.6%

Advantages

·    Council can set the amount of increase it considers appropriate.

Risks and Disadvantages

·    Reduced revenue and inconsistencies between disposal costs and charges.

·    A lower increase is likely to lead to more significant adjustments in future years.

11.7   Building Act fees

Option 1: Approve increasing the charges by CPI (5.6%) except the insurance levy which is increased by 79% (recommended)

Advantages

·    Council is unlikely to receive criticism for increasing most fees by CPI.

Risks and Disadvantages

·    Dissatisfaction by applicants with the large change to the insurance levy

·    Higher charges may increase unrecoverable staff costs in defending them.

Option 2: Retain the charges at current levels

Advantages

·    Customers are likely to welcome this option.

Risks and Disadvantages

·    The cost of the activity is not sufficiently covered by income from charges.

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the Long Term Plan budget if expected costs are not better met by applicants.

Approve fees and charges for consultation

11.8   Public health fees and charges

Option 1: Approve consultation on increasing the public health fees by more than CPI to better recover costs in line with the Revenue and Financing Policy (recommended)

Advantages

·    The proportional cost of the services is better met by the users (business owners /operators) than ratepayers.

·    Prevents a larger increase at a later date.

·   Rates requirement is lower.

Risks and Disadvantages

·    Business owners/operators may be dissatisfied.

·    Council may be criticised for increasing fees in the current economic context.

Option 2: Approve consultation on increasing the charges by CPI (5.6%)

Advantages

·    Council is unlikely to receive criticism for increasing fees by CPI.

Risks and Disadvantages

·    The cost of the activity is not sufficiently covered by income from charges.

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the draft Long Term Plan budget if expected costs are not better met by the users.

Option 3:  Retain fees and charges at current levels

Advantages

·    Business owners/operators would not face increased fees

Risks and Disadvantages

·    The cost of the activity would not be sufficiently covered by income from charges.

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the draft Long Term Plan budget if expected costs are not better met by the users.

11.9   York Valley Fees and Charges

Option 1: Approve consultation on increasing the York Valley fees and charges by 17.7% (recommended)

Advantages

·    Increases will align charges to better reflect the increase in costs related to depreciation on additional capital works, additional $10/ tonne increase in Waste Minimisation Levy, increased interest rates, and an increase in the landfill operations and maintenance cost

·    Prevents a larger increase being required at a later date.

Risks and Disadvantages

·    Increases are not seen as reasonable by users.

Option 2: Approve increasing the York Valley fees and charges by CPI

Advantages

·    Council can set the increase in fees and charges in line with CPI which will be seen as reasonable by users.

Risks and Disadvantages

·    Disparity between disposal costs and charges.

·    An increase of CPI is likely to lead to a significant increase being required in the future.

Option 3: Retain fees and charges at current levels

Advantages

·    None.

Risks and Disadvantages

·    Disparity between disposal costs and charges.

·    No increase will lead to a significant increase being required in the future.

11.10 Nelson Marina – Navigation Safety Bylaw

Option 1: Approve consultation on increasing permanent annual recreational, visitor and commercial berth fees (15%), and public boat ramp launching fees (150%) (recommended)

Advantages

·   It better covers the costs for the service. 

Risks and Disadvantages

·   Users may view an increase in fees across some facilities as unaffordable. 

Option 2: Approve retaining the charges at current levels

Advantages

·    Users would not need to find additional funds to cover fee increases. 

·    Council is unlikely to receive criticism.

Risks and Disadvantages

·    Retaining existing charges is likely to lead to more significant adjustments in future years. 

·    The revenue for the marina will not increase proportionally to the increases in costs associated with operating the marina. 

Option 3: Approve consultation on increasing the charges by CPI

Advantages

·    Council is unlikely to receive criticism for increasing fees by CPI. 

·    Allows Nelson Marina to recover increased cost of doing business for current financial year only. 

Risks and Disadvantages

·    A lower increase is likely to lead to more significant adjustments in future years. 

 

 

 

 

 

 

 

11.11 Fees and charges under the Urban Environments Bylaw - crematorium and cemeteries fees

Option 1: Approve consultation on increasing the new cemetery fee for a standard ash plot (up to four urns) of $1,260

Advantages

·    The new fee will align more closely with the Revenue and Financing Policy targets.

·    An additional option will be available to choose. 

Risks and Disadvantages

·    None

Option 2: Do not approve the new cemetery fee for a standard ash plot (up to four urns) of $1,260

Advantages

·    Reduced administration for staff and contractors to implement changes to fee structure.

Risks and Disadvantages

·    The four-urn option will not be offered.

11.12 Resource management activities

Option 1: Approve consultation for increasing the charges by 16.8% (recommended)

Advantages

·    Proportional costs of the services are better met by applicants and consent holders than ratepayers.

·    The costs of using consultants to assist during high workloads or staff vacancies are better met by the applicant.

·    Prevents a larger increase at a later date.

·    Less rates requirement.

Risks and Disadvantages

·    Dissatisfaction by applicants and consent holders that could increase the occurrence of querying or objecting to charges.

Option 2: Approve consultation for increasing the charges by 30% to recover the maximum range in the Revenue and Financing Policy

Advantages

·    The proportional cost of the service would be met by applicants and consent holders and reduces the requirement on rates

·    Prevents a larger increase at a later date

Risks and Disadvantages

·    Dissatisfaction by applicants and consent holders where the hourly rate would be above most other comparative rates.

·    The increase is not considered reasonable.

·    Higher charges could deter developments or increase unrecoverable transaction costs in defending them.

Option 3: Approve consultation for increasing the charges by CPI (5.6%)

Advantages

·    Council is unlikely to receive criticism for increasing fees by CPI.

Risks and Disadvantages

·    The cost of the activity is not sufficiently covered by income from charges.

·    The disparity between Council and consultant charge out rates results in higher activity costs when there are staff vacancies (only the Council charge out rate, not the actual consultant rate, is charged to applicants where there is no conflict of interest).

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the draft Long Term Plan budget, if expected costs are not better met by applicants.

11.13 Annual environmental monitoring and science charge

Option 1: Approve consultation for increasing fees by CPI (5.6%) (recommended)

Advantages

·    Helps to ensure a reasonable proportion of costs of providing service is met by the those gaining benefit from the service.

·    Rates requirement is lower.

Risks and Disadvantages

·    Customers may be dissatisfied with the proposed increase.

Option 3:  Approve retaining the current fees and charges

Advantages

·    Customers would not face increased fees

Risks and Disadvantages

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the draft Long Term Plan budget if expected costs of the service are not better met by the users.

11.14 Food Act fees and charges

Option 1: Approve consultation for increasing fees by 11% (recommended)

Advantages

·    The proportional cost of services is better met by the users (food business owners/operators) than ratepayers.

·    Prevents a larger increase at a later date.

·    Rates requirement is lower.

 

Risks and Disadvantages

·    Business owners/operators may be dissatisfied

·    Could increase costs following non-payments requiring more staff follow up time.

·    Council may criticised for increasing fees in the current economic context

Option 2: Approve increasing the charges by CPI (5.6%)

Advantages

·    Council is unlikely to receive criticism for increasing fees by CPI.

Risks and Disadvantages

·    The cost of the activity would not be sufficiently covered by income from charges.

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the draft Long Term Plan budget if expected costs are not better met by the users (food business owners /operators)

Option 3:  Approve retaining the fees and charges at current levels

Advantages

·    Business owners/operators would not face increased fees

Risks and Disadvantages

·    The cost of the activity would not be sufficiently covered by income from charges.

·    A more significant increase to charges may be needed at a later date.

·    There would be an additional rates burden compared to the draft Long Term Plan budget if expected costs are not better met by the users (food business owners /operators).

12.   Conclusion

12.1    Staff recommend approving the changes outlined in this report to better align with Council’s Revenue and Financing Policy, better meet the actual costs of providing the services and meet legislative requirements for public consultation.

13.   Next Steps

13.1    Proceed with public consultation on the proposed changes in the Statement of Proposal. Once submissions have been considered, Council will make a final decision on the proposed changes to the fees and charges before 1 July 2024.

 

 

Attachments

Attachment 1:   1598046314-141 - Draft schedule of fees and charges 2024/25 that require Council approval

Attachment 2:   1598046314-132 - Draft Statement of Proposal for changes to fees and charges for 2024/25

Attachment 3:   1598046314-140 Draft schedule of fees and charges for 2024/25 (excluding those requiring consultation or Council approval)  

 

Important considerations for decision making

Fit with Purpose of Local Government

The recommendations in this report assist with better allocation of the costs of delivering services between users and ratepayers, helping to promote social, economic, environmental, and cultural wellbeing of communities in the present and for the future.

Consistency with Community Outcomes and Council Policy

The recommended changes to fees and charges assist with achieving the stated funding outcomes in the Long Term Plan, and are aligned with the following community outcomes:

•   Our unique natural environment is healthy and protected

•   Our infrastructure is efficient, cost-effective and meets current and future needs

•   Our communities have access to a range of social, educational and recreational facilities and activities. 

Risk

If proposed changes are not approved, the income generated from fees and charges may not cover actual costs incurred and result in a financial shortfall. It is also likely to lead to far greater increases in the future. Increasing fees and charges by too high a level however could result in dissatisfaction by those impacted by the increase.

Financial impact

The proposed increases to the higher range in the Revenue and Financing Policy better balances the costs of delivering services between users and ratepayers and lessens the general rates requirement.

Degree of significance and level of engagement

Staff assess most of the matters outlined in this report as being of medium significance where the fees and charges outlined in the report are proposed to increase higher than just CPI. Consultation will occur for these matters in accordance with the required statutory requirements in parallel with the consultation for the Long Term Plan 2024-2034.

Climate Impact

The proposal in this report will have no impact on the ability of 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

Section 12 of the Local Government Act 2002 provides Council with a broad general power for setting fees and charges for goods, services and amenities provided by Council to the community. Council has specific delegations for the setting of fees and charges in its Delegations Register. Council approval is required for increases in fees and charges over the current CPI or where Council approval is otherwise required (for example by a bylaw or by legislation).

Fees and charges under the Resource Management Act 1991 (section 36) and the Food Act 2014 (section 205) must be consulted on using a SCP as set out in the Local Government Act 2002.

Delegations

This is a matter for Council.

 


Item 14: Proposed changes to Council's fees and charges for 2024/25: Attachment 1





Item 14: Proposed changes to Council's fees and charges for 2024/25: Attachment 2
































Item 14: Proposed changes to Council's fees and charges for 2024/25: Attachment 3





















 

Item 15: Dedication of Council land to Legal Road - Wastney Terrace

 

Council

1 February 2024

 

Report Title:             Dedication of Council land to Legal Road - Wastney Terrace

Report Author:         Margaret Parfitt - Manager - Transport and Solid Waste

Report Authoriser:   Alec Louverdis - Group Manager Infrastructure

Report Number:       R28242

 

 

1.       Purpose of Report

1.1      To dedicate a portion of land on Wastney Terrace owned by Council as Legal Road, pursuant to Section 111 of the Reserves Act 1977.

2.       Summary

2.1      Council owns a parcel of land on Wastney Terrace (Lot 9 DP 15070) that is being used as a road but has not been legalised as a road. A recent building consent and the desire of an adjacent landowner to form a right of way highlighted this issue.

2.2      Officers recommend that a proportion of the land be dedicated as Legal Road following on from work that allowed improved access to existing properties, allowed the formation of a right of way and that allowed road and stormwater improvements to be made to the turning head of Wastney Terrace.

3.       Recommendation

That the Council

1.    Receives the report Dedication of Council land to Legal Road - Wastney Terrace (R28242) and its attachments (1862260321-63192 , 1862260321-63193); and

2.    Agrees to dedicate the portion of Road Reserve shown in Attachment 2 (1862260321-63193) of Report R28242 (Lot 9 DP15070 Wastney Terrace, Nelson) as legal road pursuant to Section 111 of the Reserves Act 1977.

 

4.       Background

4.1      Council owns a parcel of land at the end of Wastney Terrace which was vested with Council in 1991 for the purpose of creating a road (Lot 9 DP 15070 in Attachment 1). While a turning head has been constructed, the legalisation of the parcel of land to Legal Road has not been undertaken.

4.2      A recent building consent application (BC220595) which includes a private right of way that will be accessed from the turning head, has highlighted the status of the turning head and the underlying land.

4.3      This parcel of land, whilst intended to be road, was never legalised as a road.

4.4      Legalisation of this parcel of land ties in with a historic consent for subdivision (RM035357V1), the current building consent application (BC220595) and the Council’s stormwater system upgrade recently completed.

5.       Discussion

Financial Considerations

5.1      The cost to undertake this dedication is estimated at $5,000 and funding exists in the current physical works contract to cover this. A survey plan is required and will be obtained in due course.

Legal Considerations

5.2      The Council has the power to dedicate road reserve as legal road under the Reserves Act 1977, Section 111 (1):

(1)     Where any land is vested in the Crown or in any local authority for the purposes of a road reserve and the land is required for the purposes of a road, the land may be dedicated as a road by notice under the hand of the Minister, or as the case may be, by resolution of the local authority, and lodged with the Registrar-General of Land.

5.3      To improve the road facility a small portion of land purchase is proposed off an adjoining landowner (as required by RM 035357V1). This will be addressed either in a separate report or under officer delegated authority.

5.4      If Council does not legalise the land, the newly extended portion of the road would remain an anomalous piece of incorrectly classified road reserve, used as if it were a legal road, but not formally classified as a legal road.

5.5      There are no issues anticipated as dedicating Road Reserve as Legal Road is a standard practice, as provided for under Section 111 of the Reserves Act 1977.

6.       Options

6.1      The options are to either dedicate the Road Reserve as Legal Road or to not dedicate the Road Reserve as Legal Road. The advantages and disadvantages of both options are summarised below. Officers support option 1.

 

Option 1: Dedicate the Road Reserve at DP15070 as legal road under Section 111 of the Reserves Act 1977. Recommended option

Advantages

·   The land is dedicated as road, consistent with its land use.

·   The area of land maintained through the road maintenance budget becomes road and is thus included as a roading asset for Waka Kotahi New Zealand Transport Agency funding purposes.

Risks and Disadvantages

·   None.

Option 2: Not dedicate the Road Reserve at DP 15070 as legal road under Section 111 of the Reserves Act 1977.

Advantages

·    None.

Risks and Disadvantages

·    The newly extended portion of the road would remain an anomalous piece of incorrectly classified road reserve, used as if it were a legal road, but not formally classified as a legal road.

7.       Conclusion

7.1      The dedication of a portion of Lot 9 DP15070 as a legal road will resolve an issue with the current formed road and turning head.

7.2      This is best practice for the Council as it meets Council’s intentions of changing the status of land from Road Reserve to Road as land development occurs.

8.       Next Steps

8.1      If Council approves the dedication, officials will complete and finalise an agreement with the developer for consent-related contributions to construct road infrastructure improvements.

Attachments

Attachment 1:   1862260321-63192 Wastney Terrace Aerial Image

Attachment 2:   1862260321-63193 - Proposed legal road  

 

Important considerations for decision making

Fit with Purpose of Local Government

Formalising the Legal Road  meets Council’s intention of  facilitating  public access rights over the newly constructed works.

Consistency with Community Outcomes and Council Policy

This dedication supports the community outcome “Our infrastructure is efficient, cost effective and meets current and future needs”.

Risk

The risk is deemed very low risk as dedicating Road Reserve as Legal Road is provided for under Section 111 of the Reserves Act 1977.

Financial impact

Costs are minimal and can be catered in existing budgets.

Degree of significance and level of engagement

This matter is of low significance according to the Significance and Engagement Policy because it is a standard Local Body transaction, following the process set out under Section 111 of the Reserves Act 1977.  Therefore, no engagement is necessary.

Climate Impact

      Climate change considerations are not applicable to this matter.

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 power to dedicate road reserve as legal road under the Reserves Act 1977, Section 111 (1):

(1)     Where any land is vested in the Crown or in any local authority for the purposes of a road reserve and the land is required for the purposes of a road, the land may be dedicated as a road by notice under the hand of the Minister, or as the case may be, by resolution of the local authority, and lodged with the Registrar-General of Land.

 

Delegations

        Council has the delegated authority to resolve that road reserve be dedicated as legal road under Section 111 of the Reserves Act 1977, and under the Reserves Act 1977 this is a decision for full Council.

 

 


Item 15: Dedication of Council land to Legal Road - Wastney Terrace: Attachment 1



Item 15: Dedication of Council land to Legal Road - Wastney Terrace: Attachment 2