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Notice of the Ordinary meeting of

Nelson City Council

Te Kaunihera o Whakatū

 

Date:                      Thursday 7 March 2024

Time:                      9.00a.m.

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

Supplementary Agenda

Rārangi take

Chairperson                    His Worship the Mayor Nick Smith

Deputy Mayor                 Cr Rohan O'Neill-Stevens

Members                        Cr Matty Anderson

        Cr Matthew Benge

        Cr Trudie Brand

        Cr Mel Courtney

        Cr James Hodgson

        Cr Kahu Paki Paki

        Cr Pete Rainey

        Cr Campbell Rollo

        Cr Rachel Sanson

        Cr Tim Skinner

        Cr Aaron Stallard

Quorum    7                                                                                   Nigel Philpott

Chief Executive

Nelson City Council Disclaimer

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

 


 

Item 12: Draft Car Share Operation Policy

 

Council

7 March 2024

 

Report Title:             Draft Car Share Operation Policy

Report Author:         David Measures - Manager Climate Change

Report Authoriser:   Nicky McDonald - Group Manager Strategy and Communications

Report Number:       R28382

 

 

1.       Purpose of Report

1.1      To adopt a Car Share Operation Policy to support the establishment of car share services in Nelson.

2.       Summary

2.1      The Draft Car Share Operation Policy sets out the criteria and process for car share providers to be allocated parking spaces and other parking concessions. Such a policy will support the establishment of carsharing services and help reduce carbon emissions and effectively manage parking resources.

3.       Recommendation

That the Council

1.    Receives the report Draft Car Share Operation Policy (R28382) and its attachment (789843239-2767); and

2.    Adopts the Draft Car Share Operation Policy (789843239-2767); and

3.    Delegates to the Chief Executive the ability to negotiate with car share organisations to allow vehicles with internal combustion engines as part of their fleet during the first two years of the operation of the policy, noting that this is inconsistent with the Car Share Operation Policy but is a temporary measure with no intention to amend the policy; and

4.    Agrees His Workshop Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments to the Car Share Operation Policy before it is made available to the public.

4.       Background

4.1      The Climate Action Plan, adopted by the Council on 17 November 2021, outlines resources allocated for climate change projects over the 2021-31 Long Term Plan, including a car sharing scheme to reduce carbon emissions. As a result, staff have been progressing work on car share options.

4.2      The Nelson City Parking Strategy adopted on 25 August 2022, includes provisions for car share spaces as a medium priority. The Traffic and Parking Bylaw, adopted 17th August 2023, includes carpark designation for car sharing.

4.3      Two Council workshops (16 February 2023 and 22 February 2024) and a briefing for elected members (25 August 2023) have covered progress on the car sharing issue.

5.       Discussion

Purpose of this Policy

5.1      The policy outlines the criteria and process for organisations applying to become approved car share providers, in alignment with the Traffic and Parking Bylaw 2023. This Bylaw requires Council approval for organisations, that wish to provide "car share vehicles".

5.2      The Traffic and Parking Bylaw defines “car share vehicle” as:

… a motor vehicle operated by an organisation approved by the Council to provide its members access to a fleet of shared motor vehicles which they may reserve for use on an hourly or daily basis, and does not include a wheeled recreational device.

5.3      Once approval is given to an organisation, Council can provide designated parking spaces and grant other parking concessions for car share vehicles. The policy guides Council in decisions regarding designated parking spaces and parking concessions under the Traffic and Parking Bylaw 2023.

Operations and Future Demand

5.4      Car share organisations will often choose to start with a limited fleet of vehicles as they evaluate the market and develop their business model. If demand increases, organisations expand their fleet and coverage accordingly.

5.5      In Nelson, car share organisations may well initially focus on the city centre, leveraging high exposure and demand. As membership grows, they can strategically expand to surrounding areas, adapting to and supporting wider community needs and transportation patterns.

Vehicle Type

5.6      The draft policy allows for low emission vehicles, classed as having a threshold of less than or equal to 105 g/kg of CO₂. These vehicles may be EVs or hybrids, as long as they meet the definition of low emission (as set out in the Land Transport Rule: Vehicle Efficiency and Emission Data).

5.7      The draft policy reflects elected member preference to exclude ICE (internal combustion engine) vehicles. However, such an exclusion will make it unlikely that a car share service will establish itself in Nelson, given the lack of EV charging infrastructure. For this reason, staff propose that for the first two years of the policy’s operation that the Chief Executive is able to negotiate with car share organisations to allow ICE vehicles as part of the fleet on a case by case basis. Lower emission ICE vehicles will be preferenced in such negotiations. It is expected that the availability of EV charging infrastructure will increase in Nelson, and across the region, over the next two years and the situation can be re-evaluated in two years’ time.

5.8 A decision to allow this flexibility for car share organisations in the first two years of the policy will be inconsistent with the Car Share Operation Policy. Section 80 of the Local Government Act 2002 requires that when Council is taking a decision that is significantly inconsistent with a policy the reasons for the inconsistency must be identified, along with any intention to amend the policy to accommodate the decision. In this case the inconsistency will improve the likelihood of car sharing schemes being able to start up in Nelson with the benefits and efficiencies they bring but there is no intention to amend the policy.

          Car Share Parking Fees

5.9      As approved organisations expand their fleet and coverage, they may request additional designated parking and permits for authorised vehicles. These requests will be assessed and determined in accordance with the Traffic and Parking Bylaw 2023, and additional space requests will be assessed on a performance basis and approved by a hearing panel.

5.10    Car share organisations with allocated designated parking will be exempt from paying parking fees for the first two years, in order to support the growth and expansion of the sector. After this time, the fees incurred will be based on the greenhouse gas emissions profile of the vehicle, as shown in the following table.

Vehicle carbon emissions

(grams per kilometre)

Reserved parking permit

(annual fees)

Authorised vehicle permit (annual fees)

0 (zero emissions) 

$0

$300

1 to 60

$1,760

$910

61 to 105 

$2,200

$1,600

Financial Implications

5.11    Car parks yield revenue ranging from $520 to $1,700 per parking space, annually. The capital value of these parking spaces is estimated at between $10,804 (based on rateable value) and $11,100 (based on the annual revenue per space and an aim of a return on investment over a ten-year period).

5.12    The opportunity cost of dedicating spaces to car sharing for free involves potential revenue loss, ranging from $520 to $1,700 per space annually. However, this is offset by the benefits of supporting the uptake of a car share scheme and the subsequent reduction in emissions, aligning with long-term climate change objectives.

6.       Options

6.1      Council can either adopt the policy or not.

6.2      Option 1 is the recommended option.

Option 1: Adopts the Draft Car Share Operation Policy that sets out the process for car share organisations to become approved providers.

Advantages

·    Encourages the establishment of car share services in Nelson, contributing to reduced vehicle ownership rates, decreased traffic congestion, and lower emissions.

·    Supports the Council's climate action goals by promoting the use of low-emission and electric vehicles within the city.

Risks and Disadvantages

·    Requires the allocation of Council resources for policy implementation and ongoing management.

·    Potential resistance from existing parking space users due to the reallocation of parking spaces for car share vehicles.

Option 2: Status quo – do not adopt the Draft Car Share Operations Policy.

Advantages

·   No financial or administrative burden on the Council.

Risks and Disadvantages

·   There is no mechanism to approve car share organisations, necessary for providing 'car share vehicles' under the Bylaw.

·   Car share organisations do not locate their business to Nelson.

·   Missed opportunity to provide community transport choices, access and equality, complementing public transport, walking and cycling.

·   May be seen to undermine Council's previously demonstrated commitment to climate action and sustainable transportation solutions

 

7.       Conclusion

7.1      By establishing a framework for car share operations, including the approval of organisations and the allocation of designated parking spaces, the draft policy aims to enhance urban mobility, reduce carbon emissions, and align with the city's environmental goals. Officers recommend the policy be adopted.

 

 

Attachments

Attachment 1:   789843239-2767 - Draft Car Share Operation Policy  

 

Important considerations for decision making

Fit with Purpose of Local Government

Adopting a car share operations policy supports the environmental, social and economic wellbeing of the community.

Consistency with Community Outcomes and Council Policy

The decisions in this report support the following community outcomes:

·    Our unique natural environment is healthy and protected

·    Our urban and rural environments are people friendly, well planned and sustainably managed

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

Risk

Adoption of the policy is low risk as this approach has been successfully implemented in other cities in New Zealand and the risk of establishing the services is carried by private companies. There is a risk that some residents will object to car parks being allocated to car sharing, but this can be mitigated by clear messaging around the benefits.

Financial impact

Council will forgo revenue during the two year exemption for parking fees.

Degree of significance and level of engagement

This matter is of low significance given it is simply providing an opportunity for private companies to establish a service in Nelson and no engagement with the wider community is planned. Engagement with some potential car share service providers has informed the policy development.

Climate Impact

Adoption of a policy has the potential to reduce car ownership in Nelson and contribute to carbon emission reductions.

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 its power of general competence (Local Government Act 2002 s12(2)). The general decision-making requirements of sections 76 to 82 of Part 6 of the Local Government Act 2002 apply to this decision of Council. The report demonstrates that these general requirements have been met by assessing significance and necessary consultation and identifying the reasonably practicable options and assessing their advantages and disadvantages.

Delegations

This decision is a matter for Council.

 


Item 12: Draft Car Share Operation Policy: Attachment 1













 

Item 16: Consent for Easements - Wastney Terrace and Railway Reserve

 

Council

7 March 2024

 

Report Title:             Consent for Easements - Wastney Terrace and Railway Reserve

Report Author:         Susan Mathieson - Senior Property Officer

Report Authoriser:   Nikki Harrison - Group Manager Corporate Services

Report Number:       R28403

 

 

1.       Purpose of Report

1.1      To approve consents for easements over reserves at Part of Wastney Terrace Road Reserve and Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade).

2.       Recommendation

That the Council

1.    Receives the report Consent for Easements - Wastney Terrace and Railway Reserve (R28402) and its attachments (714127617-20601 and 714127617-20604); and

2.    Approves easements over Part of Wastney Terrace Road Reserve (Lot 9 Deposited Plan 15070) in favour of Part Section 12 District of Suburban North (NL1A/974) and consents to 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 under section 48(1) of the Reserves Act 1977, acting pursuant to  delegation from the Minister of Conservation.

3.    Approves easements at Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade) and consents to right to convey electricity and telecommunications under section 48(1) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

4.    Notes that all costs associated with the easements are to be met by the applicants.

 

3.       Background

3.1      The Reserves Act 1977 (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. 

3.2      Final consent of the Minister of Conservation is then also required.  The Minister has delegated that final consent role to Council, and 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.

3.3      The Hearing Panel of 9 February 2024 granted the proposed easements over Part of Wastney Terrace Road Reserve and Railway Reserve via Browning Crescent Local Purpose Reserves (Esplanade).

3.4      It was resolved at the Hearing Panel meeting for the Wastney Terrace proposed easements:

Resolved HEA/2024/001

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).

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.

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.

3.5      It was resolved at the Hearing Panel for the Proposed Easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade):

Resolved HEA/2024/002

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).

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

4.       Discussion

4.1      During 1-29 February 2024, public notification was undertaken for the proposed easements over Part of Wastney Terrace Road Reserve (Lot 9 Deposited Plan 15070) in favour of Part Section 12 District of Suburban North (NL1A/974) as required under section 48 (2) of the RA with no objections received.

4.2      As the proposed easement at Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade) would not materially alter or permanently damage the reserve there is no requirement to undertake public notification.

4.3      Delegation is with Council under the Reserves Act to consent to the easements.

5.       Options

5.1      Council could decide to consent or not consent to the Wastney Terrace proposed easements.  Consent to the easements is the recommended option.

Option 1: Consent to 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: Do not consent to 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

5.2      The Council could decide to grant or not grant the proposed easements over Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade).  Granting the easements is the recommended option.

Option 1: Consent to the easements 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: Do not consent to the easements under Section 48 (1) of the Reserves Act 1977.

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      It is recommended that Council consents to the easements over reserves at Part of Wastney Terrace Road Reserve and Railway Reserve via Browning Crescent Local Purpose Reserve (Esplanade).

7.       Next Steps

7.1      If the recommendations are approved by Council, the easement instruments will be produced, and once construction is complete the applicant will survey the area of easement over of the Reserves and register the easements.

 

Attachments

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

Attachment 2:   714127617-20604 R28287 Easements - Railway Reserve via Browning Crescent Cable Duct Rout to Poets Park  

 

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 enabled the community the opportunity to consider and comment on the granting of a right of way over Council administrated Reserves.

Consistency with Community Outcomes and Council Policy

Supports community outcomes –

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

Risk

All costs are borne by the applicants.

Financial 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

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.  

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

The 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 16: Consent for Easements - Wastney Terrace and Railway Reserve: Attachment 1



Item 16: Consent for Easements - Wastney Terrace and Railway Reserve: Attachment 2