Agenda of Hearing Panel - Friday, 9 February 2024

Hearing Panel

1. Functions:

· To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 Clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.

2. Membership:

· All elected members aside from the Mayor, in rotation. Each Hearing Panel will be made up of three members.

· The Chair of each Panel will be an elected member who has previously completed the ‘Making Good Decisions’ course.

· Each Hearings Panel will include no more than one elected member in their first triennium of Council

· The Group Manager Environmental Management may appoint one or more Independent Commissioners to either assist the Hearing Panel or to hear and determine any particular application, such as when Council or a Council-Controlled Organisation or Council-Controlled Trading Organisation is (or could be perceived to be) an interested party, other than applications made for temporary road closure under Schedule 10 Clause 11(e) of the Local Government Act 1974.

3. Powers to Decide:

· The power to appoint a panel to hear and determine with any other consent authority any application requiring a joint hearing

· The power to hear and recommend appropriate actions from hearings of designations and heritage orders

· The power to hear, consider and attempt to resolve contested road stopping procedures

· The power to consider and determine applications for temporary road closures made under Schedule 10 Clause 11(e) of the Local Government Act 1974

· The power to hear and determine all matters arising from the administration of the Building Act 1991, and the Building Act 2004

· The power to hear and determine objections to the classification of dogs, and all other procedural matters for which a right of objection and hearing is provided for under the Dog Control Act, 1996

· The power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure, aside from those impacted by the Naming Rights and Sponsorship Policy for Community Services Facilities

· The power to provide advice to applicants on appropriate names for private roads, rights of way or other legal forms of private access to property

· The power to make changes to the schedules to the Parking and Vehicle Control Bylaw

· The power to administer the administering body functions under section 48 of the Reserves Act 1977 on proposed rights of way and other easements on reserves vested in Council.

Hearing Panel

9 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

4.1 Kevin Johnston - Trafalgar Street Road Closure 03 March 2024

Kevin Johnston, will speak about the Trafalgar Street Road Closure for the Nelson Italian Festival on 03 March 2024.

4.2 Club Italia Nelson Incorporated - Trafalgar Street Road Closure 03 March 2024

Flavia Spena (member) and Francis Miccio (president) of Club Italia Nelson Incorporated, will speak about the Trafalgar Street Road Closure for the Nelson Italian Festival on 03 March 2024.

4.3 Urgent Plumbing Services Ltd - The Proposed and Current No Parking Yellow Lines on Quebec Road

Les Kint from Urgent Plumbing Services Ltd, will speak about the Traffic and Parking Bylaw Updates, specifically, the proposed and current no parking yellow lines on Quebec Road.

4.4 Angel Esvella and Lavana Ramsteijn-Whyte - The Proposed No Parking Yellow Lines on Quebec Road

Angel Esvella and Lavana Ramsteijn-Whyte, will speak about the Traffic and Parking Bylaw Updates, specifically, the proposed no parking yellow lines on Quebec Road.

4.5 Amy Shattock - Supporting the Proposed Road Marking Changes and Installation of Yellow Lines on Bills Drive

Amy Shattock, will speak about the Traffic and Parking Bylaw Updates, specifically, supporting the proposed road marking changes and installation of yellow lines on Bills Drive.

4.6 Kirsten Rodsgaard-Mathiesen - Safety Issues with People Parking in Quebec Road

Kirsten Rodsgaard-Mathiesen, will speak about the Traffic and Parking Bylaw Updates, specifically, the safety issues with people parking in Quebec Road too close to Henrietta Way.

4.7 Vanessa Smith - Opposes Change to the Current Layout of Bills Drive

Vanessa Smith, will speak about the Traffic and Parking Bylaw Updates, specifically, opposing any changes made to the current layout of Bills Drive.

4.8 Zane Smith, Jude Spencer and Dave Spencer - Opposes the Reduction of On Street Parking on Bills Drive.

Zane Smith, Jude Spencer and Dave Spencer, will speak about the Traffic and Parking Bylaw Updates, specifically, their opposition of the reduction of on street parking on Bills Drive.

5. Confirmation of Minutes

5.1 1 December 2023 8 - 10

Document number M20396

Recommendation

That the Hearing Panel

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

6. Temporary Road Closure - Nelson Italian Festival 11 - 20

Document number R28228

Recommendation

That the Hearing Panel

1. Receives the report Temporary Road Closure - Nelson Italian Festival (R28228) and its attachments (340448201-5758 and 1355221503-13638); and

2. Approves the temporary road closure attached (340448201-5758) per report R28228 for the Nelson Italian Festival on 3 March 2024.

7. Traffic and Parking Bylaw Updates 21 - 40

Document number R28312

Recommendation

That the Hearing Panel

1. Receives the report Traffic and Parking Bylaw Updates (R28312) and its attachments (1355221503-14224, 1355221503-13463, 1355221503-13523, 1355221503-132000, 1355221503-13464, 1355221503-12947); and

2. Approves amendments of

a. Proposed no stopping at Quebec/Henrietta Way and Hill Street North (1355221503-13463, 1355221503-13523); and

b. Layout Change Rawhiti Street (1355221503-13200); and

c. Bus Stop Layout Change Westbrook Terrace (1355221503-12947).

8. Nelson Airport - Naming a new private road 41 - 48

Document number R28289

Recommendation

That the Hearing Panel

1. Receives the report Nelson Airport - Naming a new private road (R28289) and its attachments (756385493-54630 and 756385493-54631); and

2. Accepts the name Kuaka Way for the private road shown on the attachments (756385493-54630 and 756385493-54631).

9. Proposed Easements over Part of Wastney Terrace Road Reserve 49 - 56

Document number R28284

Recommendation

That the Hearing Panel

1. Receives the report Proposed Easements over Part of Wastney Terrace Road Reserve (R28284) and its attachment (714127617-20601); and

2. Grants the easements for right of way, retaining wall, right to drain sewage, right to drain water, right to convey water, right to convey electricity and telecommunications, over Part of Wastney Terrace Road Reserve (Lot 9 Deposited Plan 15070) in favour of Part Section 12 District of Suburban North (NL1A/974) subject to public notice under section 48 (2) of the Reserves Act 1977 resulting in no objections or submissions and with all costs associated with the easements to be met by the applicant, subject to final consent of the Council (acting as the Minister of Conservation’s delegate); and

3. Notes that if any objections to the proposed easement are received, a further report will be brought to the Hearings Panel to enable consideration and decision on those objections; and

4. Notes that if no objections or submissions to the proposed easements are received, a report will be taken to Council for consent to the easements pursuant to delegation from the Minister of Conservation under section 48(1) of the Reserves Act 1977.

10. Proposed Easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade) 57 - 63

Document number R28287

Recommendation

That the Hearing Panel

1. Receives the report Proposed Easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade) (R28287) and its attachment (714127617-20604); and

2. Grants an easement for right to convey electricity and telecommunications over Local Purpose Reserve (Esplanade) (Section 150 SO 12047 and Lot 1 DP 16994) in favour of Network Tasman with all costs associated with the easements to be met by the applicant, subject to final consent of the Council (acting as the Minister of Conservation’s delegate); and

3. Notes that under section 48 (1) Reserves Act 1977 that public notice is not required.

Karakia Whakamutanga

Hearing Panel Minutes - 1 December 2023

Minutes of a meeting of the

Hearing Panel

Te Rōpū Rongonga

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 1 December 2023, commencing at 1.00p.m.

Present: Councillors R Sanson (Chair), T Brand and K Paki Paki

In Attendance: Governance Adviser (H Wagener) and Assistant Governance Adviser (A Bryce)

Apologies : Nil

Karakia and Mihi Timatanga

1. Apologies

2. Confirmation of Order of Business

Item 6 was withdrawn and deferred to another meeting at the request of the applicant.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 20 October 2023

Document number M20330, agenda pages 6 - 8 refer.

Resolved HEA/2023/016

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 20 October 2023, as a true and correct record.

Brand/Paki Paki Carried

6. Objection to Classification of dog Max as Dangerous Richard (Ricky) Tasker

Document number R28000, agenda pages 9 - 22 refer.

This item was withdrawn.

7. Temporary Road Closure - Sanitarium Weet-bix Kids TRYathlon

Document number R28070, agenda pages 23 - 30 refer.

Team Leader Transport Operations, Matt Bruce, took the report as read, noting no feedback had been received and answered questions on safety measures taken and risk mitigation.

Resolved HEA/2023/017

That the Hearing Panel

1. Receives the report Temporary Road Closure - Sanitarium Weet-bix Kids TRYathlon (R28070) and its Attachments (1355221503-12925 and 340448201-5542);and

2. Approves the Temporary Road Closures as per report R28070 for the Sanitarium Weet-bix Kids TRYathlon on 10 March 2024 and its Attachments (1355221503-12925 and 340448201-5542).

Brand/Paki Paki Carried

8. Change of road names at Nelson Airport

Document number R28161, agenda pages 31 - 35 refer.

Development and Naming Adviser, Bernadette Power, took the report as read and advised that clause two of the recommendation had been amended to provide for clarification and answered questions on timely notification to business’s and iwi consultation.

Resolved HEA/2023/018

That the Hearing Panel

1. Receives the report Change of road names at Nelson Airport (R28161) and its Attachment (756385493-54292); and

2. Accepts the name Dakota St for the roads currently named Tangmere Place and Rapide Place as identified in Attachment 1 (756385493-54292) of report R28161 for inclusion in Council records.

Paki Paki/Brand Carried

Karakia Whakamutanga

There being no further business the meeting ended at 1.09p.m.

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

Resolved

Item 6: Temporary Road Closure - Nelson Italian Festival

Hearing Panel

9 February 2024

Report Title: Temporary Road Closure - Nelson Italian Festival

Report Author: Gillian Dancey - Contracts Supervisor - Roading

Report Authoriser: Alec Louverdis - Group Manager Infrastructure

Report Number: R28228

1. Purpose of Report

1.1 To approve the temporary road closure application for the Nelson Italian Festival on Sunday 3 March 2024.

2. Recommendation

That the Hearing Panel

1. Receives the report Temporary Road Closure - Nelson Italian Festival (R28228) and its attachments (340448201-5758 and 1355221503-13638); and

2. Approves the temporary road closure attached (340448201-5758) per report R28228 for the Nelson Italian Festival on 3 March 2024.

3. Background

3.1 This closure is for an event, and therefore fits the requirements of Schedule 10 Clause 11(e) of the Local Government Act 1974 which comes to the Hearings Panel for approval.

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

4. Nelson Italian Festival

4.1 Council officers received an application on 27 November 2023 from Nelmac, on behalf of the Club Italia, to close the following road at the times listed below, and as shown in Attachment 1.

· Trafalgar Street between Wainui Street and Grove Street between 6.00am to 7.00pm on Sunday 3 March 2024.

4.2 The Nelson Italian Festival is an annual event for the community to showcase Italian culture with Italian music and flavour. Last year was the first event and because it drew in a lot of visitors, this second event has been made larger. There will be live entertainment, cooking demonstrations and tips, and Italian food. The event has received $7,000 via the Nelson City Event Funds.

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

4.4 Consultation with NZTA Waka Kotahi has been undertaken due to this event having an impact on the State Highway and its detour routes. NZTA Waka Kotahi has given their approval for this event.

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

4.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in the Nelson Mail on 30 December 2023 to notify of the applicant’s intention to close these roads and inviting feedback by 3 January 2024. The advertisement was also placed on the Council website on 12 December 2023, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 2). A further letter was hand delivered to a number of residents/businesses on 4 January 2024 inviting feedback by 15 January 2024 (Attachment 3) in case they had missed the previous feedback deadline.

4.7 Feedback was received as detailed below:

4.7.1 Some residents at 15 Trafalgar Street are opposed to the road closure. Their concerns are noted below:

· The road being closed for the whole day and not being able to have vehicle access.

· Concerns about Emergency Service access. Two residents have health issues and expressed concern that an ambulance may not be able to get to them if required.

· The event is an inconvenience and a Health and Safety concern to them with added stress they do not need.

· One resident was not against the Italian Festival going ahead, they had just expected better communication from Club Italia about the festival and road closure.

4.7.2 Feedback from the Contractor in relation to the above concerns is that the TMP caters for Emergency Services if required. This includes no stalls set up directly outside number 15 Trafalgar Street, in case an emergency should occur.

4.7.3 A private resident of Hathaway Court has made a request that the contractor overseeing installation of the road closure provide barriers for either end of Hathaway Court to deter people from accessing their private properties. The contractor has met with residents and this request is now included and planned for as part of the temporary traffic management plan (TMP).

4.7.4 The Kings Gate Motel has requested vehicle access for their guests at the Motel is maintained, as the original proposal put the entrance within the hard closure area. The contractor advises this can be achieved through the TMP and they will maintain supervised access to this motel and others within the closure area.

4.7.5 The only motel entrance inside the hard closure is the Sail Motel but this premise has a second access on Wainui Street, so the access from Trafalgar Street on 3 March is not critical for this motel. Feedback from the motel manager however opposes the road closure citing unwelcomed disruption to their business. The manager feedback cites past experience with the Italian Club as a nuisance to the surrounding neighbourhood and states their events disrupt the accommodation business.

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

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

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

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

5. Options

5.1 Council has two options, either to approve or decline the temporary road closure application. Officers recommend approving the temporary road closure for this event.

Attachments

Attachment 1: 340448201-5758 - MAP - Nelson Italian Festival 2024 ⇩

Attachment 2: 1355221503-13638 - Letter Drop - Nelson Italian Festival ⇩

Attachment 3: 1355221503-13638 - Letter Drop2 - Nelson Italian Festival ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The following are applicable:

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

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

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

Consistency with Community Outcomes and Council Policy

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

Risk

If the temporary road closure is not approved, the event is at risk of not going ahead.

Financial impact

There is no financial impact for Council for this road closure.

Degree of significance and level of engagement

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

Climate Impact

This decision will have no impact on the ability of the Council or District to proactively respond to the impacts of climate change now or in the future.

Inclusion of Māori in the decision making process

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

Delegations

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

Functions:

· To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.

Item 7: Traffic and Parking Bylaw Updates

Hearing Panel

9 February 2024

Report Title: Traffic and Parking Bylaw Updates

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

Report Authoriser: Alec Louverdis - Group Manager Infrastructure

Report Number: R28312

1. Purpose of Report

1.1 To approve proposed updates of the Traffic and Parking Bylaw (2023) to give effect to minor safety and parking improvements.

2. Recommendation

That the Hearing Panel

2. Approves amendments of

a. Proposed no stopping at Quebec/Henrietta Way and Hill Street North (1355221503-13463, 1355221503-13523); and

b. Layout Change Rawhiti Street (1355221503-13200); and

c. Bus Stop Layout Change Westbrook Terrace (1355221503-12947).

3. Background

3.1 The Traffic and Parking Bylaw (2023) allows for the Council, in accordance with part 2 of the bylaw, to make resolutions regarding the operation of Councils roading corridors. The Council has delegated this power to the Hearings Panel. To ensure that the Bylaw is enforceable it is important to ensure that all restrictions are approved by the hearing panel and updated in Councils schedules and public facing mapping system on a regular basis.

3.2 Section 4 of the report describes proposals that officers have considered and sought feedback on. It also includes officer recommendations on each proposal.

3.3 The proposed changes are shown for indicative purposes only by plans attached to this report. The purpose of these plans is to assist the Panel to understand the nature of the changes proposed. Any actual approved changes will be updated within the existing traffic restriction schedules and on the public facing web map which is under development.

4. Discussion

Prohibiting or restricting parking on certain roads

4.1 Stoke Retirement Village – Proposed no stopping

4.1.1 Council was approached by residents of Stoke Retirement Village to consider installing yellow no stopping lines on the Railway Reserve which also provides access to the Village. Residents of the adjacent street, Kipling Crescent, often park here and utilise rear access to their properties.

4.1.2 There is no known crash history or identified safety risk that cars parked on the eastern side present.

4.1.3 Feedback was sought on a proposal to install yellow no stopping lines along the entire eastern side of the access way. These proposed changes are shown in Attachment 1.

4.1.4 60 letters seeking feedback were sent to Stoke Village residents, as well as affected Kipling Crescent residents. 12 replies were received, with 9 in support and 3 in opposition.

4.1.5 The proposal removes all parking from this area, as the western side of the roadway is already marked as no stopping. Parking would be lost for any visitors of the village and for some Kipling Crescent residents who currently utilise it due to limited parking and turning space on the Right of Way sections they occupy. It is possible that removal of all parking on this lane will increase traffic speeds in the shared space as parked cars provide a traffic calming effect.

4.1.6 Officers do not support the proposed change.

4.2 Quebec/Henrietta Way – Proposed no stopping.

4.2.1 Council has received a request to install yellow no stopping lines at the intersection of Quebec Road and Henrietta Way. Residents of Henrietta Way report having difficulty seeing vehicles travelling on Quebec Road, as this area is often heavily parked.

4.2.2 Feedback was sought on a proposal to install yellow no stopping on both sides of the intersection of Quebec Road and Henrietta Way as shown in Attachment 2.

4.2.3 14 Letters were sent to Quebec Road and Henrietta Way residents seeking feedback. Eight replies were received from affected residents, with six in support and two in opposition. Feedback was also received from three non-residents, and all opposed the proposal. Opposing non-residents are visitors of residents that park in this area when visiting.

4.2.4 Officers recommend installing the proposed no stopping lines on the basis of safety.

4.3 Hill Street North - Proposed no stopping.

4.3.1 Council has received a request to install yellow no stopping lines on Hill Street North, as parked cars on both side of the street are narrowing the road lane and reducing visibility for residents exiting their properties. Feedback was sought on a proposal as shown in Attachment 3.

4.3.2 16 letters were sent to Hill Street North residents seeking feedback. Seven replies were received, with five in support and two in opposition.

4.3.3 Officers recommend the proposed lines are installed as consulted on and the parking on the eastern side is retained as it has pedestrian facilities.

4.4 Rawhiti Street – Layout Change

4.4.1 Recent changes have been made at Tahunanui School’s campus to accommodate a Maitai School Satellite unit which supports learners with high needs. A new entrance to the facility from Rawhiti Street has been designed as a drive-through with an entrance and exit. Many students require wheelchair taxis or are transported in other large vehicles. To provide safe entry and exit to the facility, removal of several perpendicular parks is required.

4.4.2 Installation of yellow no stopping lines either side of the new entry and exit, removal of seven perpendicular parks, and replacement with one parallel park will provide adequate safe sight lines. Feedback was sought on the proposed layout change as shown in Attachment 4.

4.4.3 12 Letters were sent to Rawhiti Street residents seeking feedback. Two replies were received with one in support and one in opposition. Urgency of the work required feedback being sought during summer school holidays so engagement with the school community was not carried out, however officers have been closely liaising with the school Deputy Principal who supports the change.

4.4.4 Officers support the proposed changes.

4.5 Bills Drive – Proposed no stopping.

4.5.1 Council received a request to extend existing yellow no stopping lines on Bills Drive. This is a new subdivision which has previously been designed and marked as per the Nelson-Tasman Land Development Manual. At present there are numerous trade and construction vehicles parking illegally and at times causing the traffic lane to be impassable. As construction is likely to continue in the area for some time residents are concerned that emergency vehicles will not be able to access their properties, especially as the fire risk increases in summer.

4.5.2 Recognising the concern officers sought feedback on a proposed change, as shown in Attachment 5 which installed further yellow no stopping lines along the western side of Bills Drive, and retained parking on the eastern side where there is pedestrian facilities available.

4.5.3 14 Letters were sent to Bills Drive residents seeking feedback. Five replies were received from residents, with two in support and three in opposition. In addition, officers received three responses from non-residents with two in opposition and one in support. Emergency services including Hato Hone St John, support the proposed change.

4.5.4 It is noted that the current parking in the area is often on existing no stopping lines. Large commercial deliveries should be adhering to Temporary Traffic management practices that cater for access, or if that is not possible provide for notified road closures. Officers have passed knowledge of illegal parking onto the regulatory team for monitoring, and they advise they are able to take appropriate enforcement action against inconsiderate parking such as when two vehicles parking across from each other not leaving adequate space for a traffic lane. Ongoing monitoring is suggested and if parking and access issues are persistent after completion of construction additional no stopping lines could be reconsidered.

4.5.5 Officers do not support the proposed changes at this time while construction continues.

Proposed bus stop layout change

4.6 Westbrook Terrace

4.6.1 Nelson’s new eBus service has been running since 1 August 2023. The bus stop previously approved by the Hearings Panel outside 92 Westbrook Terrace has a high volume of users. The footpath width at this site constrains ability to provide a bus shelter or seat. Officers propose to relocate the bus stop to outside 74 Westbrook Terrace as shown in Attachment 6 where there is sufficient width to improve bus stop amenities.

4.6.2 12 Letters were sent to affected Westbrook Terrace residents seeking feedback. Two replies were received from affected residents, both in support. One further reply was received from a non-resident that also supported the change. If approved the work will be programmed for the new financial year due to budget availability.

4.6.3 Officers recommend relocating this bus stop.

5. Options

5.1 Officers recommend Option 1, to adopt the proposed changes as officers recommend in 4.2, 4.3, 4.4 and 4.6.

5.2 The Hearing Panel may choose to:

5.2.1 Amend/not approve the proposed changes set out in 4.2, 4.3, 4.4 and 4.6; and

5.2.2 Also approve/amend 4.1 (Stoke Retirement Village) and/or 4.5 (Bills Drive)

Option 1: Adopt the proposed changes as officers recommend in 4.2, 4.3, 4.4, 4.6
Advantages	· Proposed changes are designed to improve safety, efficiency and bus user amenity.
Risks and Disadvantages	· Minor loss of on-street parking
Option 2: Do not adopt the proposed changes as officers recommend in 4.2, 4.3, 4.4, 4.6
Advantages	· There are no identified advantages
Risks and Disadvantages	· Failure to approve changes will result in the continued unsafe and inefficient use of the roading network. · Frustration by some residents that access may be limited on Bills Drive on an ongoing basis
Option 3: Adopt the proposed changes as officers recommend in 4.2, 4.3, 4.4, 4.6 and additionally approve 4.5 (Bills Drive)
Advantages	· There are no identified advantages
Risks and Disadvantages	· Loss of on-street parking may not be required when construction in the subdivision is completed requiring removal of no stopping restriction and revocation of the decision to install no stopping lines. · The private contractors may continue to illegally park.
Option 4 Adopt the proposed changes as officers recommend in 4.2, 4.3, 4.4, 4.6 and additionally approve 4.1 (Stoke Retirement Village)
Advantages	· Residents of Stoke Retirement Village will feel heard.
Risks and Disadvantages	· Loss of parking for visitors and residents · Potential for increased speeds in a shared space due to the lack of traffic calming effect that parked cars provide

Attachments

Attachment 1: 1355221503-14224 Stoke Retirement Village Proposed no stopping ⇩

Attachment 2: 1355221503-13463 Quebec Road - Henrietta Way Proposed no stopping ⇩

Attachment 3: 1355221503-13523 Hill Street Proposed no stopping ⇩

Attachment 4: 1355221503-13200 Rawhiti Street Layout change ⇩

Attachment 5: 1355221503-13464 Bills Drive Proposed no stopping ⇩

Attachment 6: 1355221503-12947 Westbrook Terrace Bus stop relocation ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The report recommendation meets current and future needs of communities in contributing to the safe use of the roading and parking network in the City.

Consistency with Community Outcomes and Council Policy

The content and recommendations of this report are consistent with Councils Community Outcomes – “Our Infrastructure is efficient, cost effective and meets current and future needs”. In particular that we have good quality, affordable and effective infrastructure, and transport networks.

This report is directly aligned to the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy and Regional Public Transport Plan.

Risk

This is a low-risk decision as feedback has been sought from those affected by proposed changes.

Financial impact

Costs are within allocated budgets for roading improvements.

Degree of significance and level of engagement

This matter is of low significance. Businesses and residents that could be affected, have been consulted with their views considered.

Climate Impact

There are no direct climate impacts as a result of this report.

Inclusion of Māori in the decision making process

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

Legal context

This Bylaw was made pursuant to section 22AB of the Land Transport Act 1998.

The Council will review this Bylaw as and when it considers necessary. The bylaw review requirements in the Local Government Act 2002 do not apply to this Bylaw because it is not made under that Act.

Delegations

The Hearings Panel has the following delegations to consider changes to the Traffic and Parking Bylaw.

Powers to Decide:

· The power to make changes to the schedules to the Traffic and Parking Bylaw.

Item 8: Nelson Airport - Naming a new private road

Hearing Panel

9 February 2024

Report Title: Nelson Airport - Naming a new private road

Report Author: Bernadette Power - Development and Naming Adviser

Report Authoriser: Mandy Bishop - Group Manager Environmental Management

Report Number: R28289

1. Purpose of Report

1.1 To accept or decline to accept an application to name a private road at Nelson Airport.

2. Recommendation

That the Hearing Panel

1. Receives the report Nelson Airport - Naming a new private road (R28289) and its attachments (756385493-54630 and 756385493-54631); and

2. Accepts the name Kuaka Way for the private road shown on the attachments (756385493-54630 and 756385493-54631).

3. Background

3.1 The applicant, Nelson Airport has opened a new private road and request to name it Kuaka Way.

4. Discussion

4.1 The Council has no authority to name private roads or ways, other than to accept a name for inclusion in Council records and thereby other public records.

5. Compliance with Council road naming guidelines

Council has yet to approve a Naming Policy. Officers use the following 2008 draft Road Naming Policy principles/criteria to assess applications:

Principles/Criteria

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

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

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

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

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

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

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

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

5.9 The name should not include hyphenated words.

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

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

6. Evaluations of the proposed name

6.1 The name Kuaka Way complies with all Principles/criteria of the 2008 draft Road naming policy. The name Kuaka Way is supported by Nelson iwi and Nelson is a seasonal destination for the Kuaka (Godwit) who fly non-stop from Alaska each year. The road type ‘Way’ is appropriate for this new road. Way is described as a Short-enclosed roadway that can be used for either a Cul-de-sac or for pedestrians only.

7. Alternative Names

7.1 The two alterative names provided by the applicant are Avro Way and Flya Way. The first aircraft to land in the Nelson region was an Arvo while Flya was proposed as a fun pairing with Way. Both Arvo Way and Flya Way comply with all Principles/criteria of the 2008 draft Road naming policy.

8. Options

The preferred option is to accept the name Kuaka Way, the next option is to accept Arvo Way and if these names are not satisfactory then Flya Way could be accepted. If all 3 names are not accepted, the alternative option is for Council to decline to accept these names and ask the applicant to submit alternative names.

Option 1: To accept the name Kuaka Way or Arvo Way or Flya Way
Advantages	· This would enable the new private road to be named in a timely manner
Risks and Disadvantages	· None
Option 2: To decline to accept proposed names and request alternative names be submitted
Advantages	· None
Risks and Disadvantages	· A delay in naming the road which may lead to confusion for road users

Attachments

Attachment 1: 756385493-54630 - New Road at Nelson Airport ⇩

Attachment 2: 756385493-54631 - New Airport Road Connection ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974. Council can only decide to accept names of private roads to be included in its records or decline to accept.

Consistency with Community Outcomes and Council Policy

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

Risk

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

Financial impact

No additional resources are required.

Degree of significance and level of engagement

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

Climate Impact

Not applicable for the naming of roads in an approved subdivision

Inclusion of Māori in the decision making process

Engagement with Māori has been undertaken in preparing this report.

Legal context

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

Delegations

The Hearing Panel has the following delegations to consider:

Areas of Responsibility:

• Matters relating to naming features within the City.

Powers to decide:

• The power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure, aside from those impacted by the Naming Rights and Sponsorship Policy for Community Services Facilities (5.19.3).

Item 9: Proposed Easements over Part of Wastney Terrace Road Reserve

Hearing Panel

9 February 2024

Report Title: Proposed Easements over Part of Wastney Terrace Road Reserve

Report Author: Susan Mathieson - Senior Property Officer

Report Authoriser: Nikki Harrison - Group Manager Corporate Services

Report Number: R28284

1. Purpose of Report

1.1 To approve the granting of proposed easements over Council Road Reserve, pursuant to Section 48 (1) Reserves Act 1977, subject to public notice and Council consent.

2. Summary

2.1 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 shown in Attachment 1).

2.2 The adjoining owner wishes to install a driveway with supporting retaining wall and services on the land and seeks easements over part of the land for the benefit of the Adjoining Land.

2.3 This parcel of land, whilst intended to be road, was never legalised as a road. This is being addressed in a separate report to Council.

2.4 For reserves vested in Council as the administrating body, the Reserves Act 1977 (RA) enables the Council to grant an easement for specified purposes, including for right of way, water systems, drainage, electricity and telecommunications to any other land not forming part of the reserve, subject to the consent of the Minister of Conservation. The Hearings Panel has been delegated the administering body powers. The Minister’s powers to grant consent have been delegated to Council (and cannot be sub-delegated).

2.5 Before granting an easement, the administering body may be required to give public notice in accordance with the requirements of sections 119 and 120 of the RA. Due to the nature of the proposed easements in this instance there is a requirement for public notice.

3. Recommendation

That the Hearing Panel

1. Receives the report Proposed Easements over Part of Wastney Terrace Road Reserve (R28284) and its attachment (714127617-20601); and

3. Notes that if any objections to the proposed easement are received, a further report will be brought to the Hearings Panel to enable consideration and decision on those objections; and

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 shown in Attachment 1).

4.2 The Adjoining Owner is the registered owner of an estate in fee simple in all that parcel of land containing 3.2655 hectares more or less described as Part Section 12 District of Suburban North, being the land comprised and described in Record of Title NL 1A/974 (Adjoining Land).

4.3 Lot 9 Deposited Plan 15070 (the Land) vested in the Council as road reserve upon deposit of that Plan. There is currently no Record of Title.

4.4 The Adjoining Owner wishes to install a driveway with supporting retaining wall, to convey sewage, drain water, convey water and convey electricity and telecommunications on part of the Land, and seeks a registered right of way easement over part of the Land, for the benefit of the Adjoining Land.

4.5 Easements formalise the occupation of land by parties other than the landowners. The Easement instrument will stipulate the standard of the right of way formation and conditions for the installation of services.

4.6 Officers agree to the Adjoining Owner carrying out the driveway and supporting wall works and services within the easement area on the Land, on the terms set out in the Agreement to Grant right of way easement.

4.7 Council has entered into agreements with the developer to acquire land for stormwater and road this is needed for access to the adjoining proposed subdivision.

4.8 The RA sets out a two-step process to grant such easements. As the administering body of the reserve, Council makes the initial decision on whether to grant an easement. This role has been delegated to the Hearings Panel. Final consent of the Minister of Conservation is then also required. The Minister has delegated that final consent role to Council, but it cannot be sub-delegated. Hence the requirement for the Hearings Panel to make an initial decision to grant the easement and then for the matter to be referred to Council for final consent.

5. Discussion

Legal Considerations

5.1 The Council has the power to approve easements on reserve land under the RA, Section 48(1):

5.2 Where a reserve is likely to be materially altered or permanently damaged due to the granting of an easement public notice is required under section 119 of the Reserves Act 1977.

5.3 This proposal will materially alter the reserve as the right of way easement provides for the construction of a driveway and supporting retaining wall. The grant of the additional services easements will be subject to a condition that all the works are placed underground.

5.4 This requires Council to publish a plan and description of the proposal in a newspaper circulating in the area in which the reserve is situated, allow one month for objections and to consider those objections or submissions before making its decision.

Financial Considerations

5.5 All costs associated to undertake the easement process, including legal costs and public notice costs will be met by the applicant. A survey plan is required, at applicant’s cost, and will be obtained in due course.

6. Options

6.1 The Hearings Panel could decide to grant or not grant the proposed easements. Granting the easements is the recommended option.

Option 1: Approve the easements under Section 48 (1) of the Reserves Act 1977 (recommended option)
Advantages	· The land is road reserve, consistent with its land use · Provides services to adjoining section · Provides security of services for subdivision · Supports building and resource consent requirements for applicant · Ownership, access installation and maintenance of services are applicant’s responsibility
Risks and Disadvantages	· None
Option 2: Decline the easements under Section 48 (1) of the Reserves Act 1977.
Advantages	· None
Risks and Disadvantages	· Development is compromised with lack of services to applicant’s land. · Council not supportive of subdivision that has benefit for applicant and Wastney Terrace road network.

7. Conclusion

7.1 Before Council decides to grant the easements requested by the owners, the Council must give public notice of its intention to grant the easements in accordance with sections 119 and 120 Reserves Act 1977, allowing not less than 1 calendar month for people to make objections or submissions, and considers those objections or submissions before making its decision.

8. Next Steps

8.1 Distribute the Public Notice in Our Nelson and lodge it on the Council website. If objections or submissions are received officers will prepare a further Report to the Hearings Panel detailing the objections and submissions for the Panel to consider. If there are no objections or submissions the further report will seek a decision to grant the easement subject to the approval of Council acting under a delegation from the Minister of Conservation.

8.2 Once construction is complete the applicant will survey their occupation of the Road Reserve and register the easements.

Attachments

Attachment 1: 714127617-20601 R28284 Easements - Wastney Terrace Road Reserve - Proposed ROW ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The recommendation in this report is aligned with the purpose of Local Government in enabling “democratic decision-making and action by, and on behalf of, communities” as it enables the community the opportunity to consider and comment on the granting of a right of way over Council administrated Local Purpose Reserve. The decision meets Council’s intention of supporting land development and in this case this matter supports services over the new constructed works.

Consistency with Community Outcomes and Council Policy

Supports community outcomes –

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

Risk

The risk is very low risk as granting easements is provided for under Section 48 (1) of the Reserves Act 1977 and, if approved, the easement will be controlled by an appropriate legal instrument,

Financial impact

All costs are borne by the applicant.

Degree of significance and level of engagement

This matter is of low significance according to the Signficance and Engagement Policy because it is a standard Local Body transaction, following the process set out under Section 48(1) of the Reserves Act 1977. However, consultation is required under section 48(2) of the Act because this easement proposal means that the reserve will be materially altered or permanently damaged. The community will be given an opportunity to make their views known under section 119 of the Act.

Climate Impact

This decision will have no impact on the ability of the Council or District to proactively respond to the impacts of climate change now or in the future.

Inclusion of Māori in the decision making process

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

Legal context

Council has power to make this decision under the Reserves Act 1977, Section 48 (1). The legal process that Council must follow to make this decision is via Hearings Panel to recommend to Council to consent to easements.

Delegations

Council has the delegated authority to grant easements under Section 48 (1) of the Reserves Act 1977.

The administering body functions have been delegated to the Hearing Panel.

The Ministers final consent role has been delegated to Council (and cannot be sub-delegated).

Item 10: Proposed Easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade)

Hearing Panel

9 February 2024

Report Title: Proposed Easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade)

Report Author: Susan Mathieson - Senior Property Officer

Report Authoriser: Nikki Harrison - Group Manager Corporate Services

Report Number: R28287

1. Purpose of Report

1.1 To approve the granting of easements for power and telecommunications supply by Network Tasman over Council Local Purpose Reserve (Esplanade).

2. Recommendation

That the Hearing Panel

1. Receives the report Proposed Easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade) (R28287) and its attachment (714127617-20604); and

3. Notes that under section 48 (1) Reserves Act 1977 that public notice is not required.

3. Background

3.1 Council is the owner of those parcels of land being Section 150 SO 12047, comprised and described in Record of Title NL10C/1072, and Lot 1 DP 16994 comprised and described in Record of Title NL11A/964 (Nelson Registry) (the “Burdened Land”).

3.2 For reserves vested in Council as the administrating body, the Reserves Act 1977 (RA) enables the Council to grant an easement for specified purposes, including for right of way, water systems, drainage, electricity and telecommunications to any other land not forming part of the reserve, subject to the consent of the Minister of Conservation. The Hearings Panel has been delegated the administering body powers. The Minister’s powers to grant consent have been delegated to Council (and cannot be sub-delegated).

3.3 Council officers from Parks and Transport business units have considered the request and support the proposed easement route.

4. Discussion

4.1 Network Tasman are upgrading their power supply to approximately 800 customers in the Stoke area, this easement route is required to service this upgrade.

4.2 Network Tasman advise the upgrade for 800 customers is not only private users but businesses along the Nayland Road coastal sites and surrounds, which includes for instance Pics Peanut Butter Factory. Some businesses employ up to 400 staff.

4.3 The proposed easement corridor is from Browning Crescent across the Railway Reserve areas of roading and Local Purpose Reserve (Esplanade), as indicated in green and yellow areas of attached map, to connect to their transformer at Byron Crescent access area.

4.4 The area in green titled 'New Easement Area in green highlighter (Lot 1 DP16994) and the area in yellow titled 'New Easement Area' in yellow highlighter (Section 150) are the new proposed easements.

4.5 The only two areas that would require a new easement document are the Green area in Lot 1 DP16994 and the Yellow area in Section 150.

4.6 There are existing easements in place but there is a need for additional portions to support and connect with the existing easements to service the cabling upgrade.

4.7 There will be some existing easement areas that may no longer be required and will be terminated and infrastructure removed (not left in the ground as abandoned infrastructure).

Financial Considerations

4.8 All costs associated to undertake the easement process including legal costs will be met by the Network Tasman.

Legal Considerations

4.9 The Council has the power to approve easements on reserve land under the Reserves Act 1977, Section 48 (1).

4.10 Where a reserve is likely to be materially altered or permanently damaged due to the granting of an easement public notice is required under section 119 of the Reserves Act 1977.

4.11 This proposal will not materially alter or permanently damage the reserve, therefore there is no requirement to undertake public notice and a recommendation can be made direction to Council acting pursuant to delegation from the Minister of Conservation.

5. Options

5.1 The Hearings Panel could decide to grant or not grant the proposed easements. Granting the easements is the recommended option.

Option 1: Approve the easement to Network Tasman under Section 48(1) of the Reserves Act 1977 (recommended option)
Advantages	· Network Tasman’s 800 affected customers and businesses have security of upgraded HV cables · Supports provision of power supply and telecommunications upgrade for the area · Services are underground · No visible impact on profile above ground
Risks and Disadvantages	· Initial disruption to Railway Reserve users while work is being undertaken
Option 2: Decline the easement to Network Tasman.
Advantages	· None
Risks and Disadvantages	· 800 affected households including businesses in the Stoke semi-industrial area could have compromised power and telecommunications connections.

6. Conclusion

6.1 Officers recommend granting the easements.

7. Next Steps

7.1 Subject to final consent of the Council (acting as the Minister of Conservation’s delegate), once construction is complete the applicant will survey their occupation of the Reserve and register the easements.

Attachments

Attachment 1: 714127617-20604 Easements - Railway Reserve via Browning Crescent Cable Duct Route to Poets Park ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The decision meets Council’s intention of supporting land development and in this case this easement matter supports services to 800 households in the Stoke area.

Consistency with Community Outcomes and Council Policy

The decision supports the community outcome “Our Infrastructure is efficient, cost effective and meets current and future needs”.

Risk

The risk is very low risk as granting easements is provided for under Section 48 (1) of the Reserves Act 1977.

Financial impact

All costs are borne by Network Tasman.

Degree of significance and level of engagement

Climate Impact

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 Reserves Act 1977, Section 48 (1). The legal process that Council must follow to make this decision is via Hearings Panel to recommend to Council to consent to easements.

Delegations

Council has the delegated authority to grant easements under Section 48 (1) of the Reserves Act 1977.

The administer body functions have been delegated to the Hearing Panel.

The Ministers final consent role has been delegated to Council (and cannot be sub-delegated).

Under the Reserves Act 1977 this is a decision for full Council.