Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 7 March 2024, commencing at 9.02a.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
The Chair advised that the order of business would be adjusted to progress the meeting efficiently.
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
Councillor Rollo subsequently declared an interest in Confidential Agenda Item 4. Proposed Property Purchase for Seasports Facility and Sale of Part of Haven Road Property. He took no part in discussion or voting on the matter.
Councillor Brand and Councillor O'Neill-Stevens subsequently declared an interest in Agenda Item 15 Plan Change 29 - Hearing Panel and Confidential Agenda Item 2. Appointment of additional Commissioner - Plan Change 29. They took no part in discussion or voting on the matter.
There was no public forum.
5.1 1 February 2024
Document number M20428, agenda pages 11 - 24 refer.
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1. Confirms the minutes of the meeting of the Council, held on 1 February 2024, as a true and correct record. |
6. Recommendations from Committees
6.1 Audit, Risk and Finance Committee - 14 February 2024
6.1.1 Draft Treasury Management Policy including Liability Management and Investment Policies
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1. Adopts the amended Treasury Management Policy (438494377-3833). |
7. Presentation - City of Nelson Civic Trust
Document number R28217
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Roger Nicholson, Chair of the City of Nelson Civic Trust and Trustee Karen Stade gave a PowerPoint presentation (1982984479-7286). |
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1 1982984479-7286 - Civic Trust Strategic Presentation |
Document number R28390, agenda pages 59 - 65 refer.
His Worship the Mayor Hon Dr Smith took the report as read and updated Council on his visit to New Plymouth District Council, Palmerston North City Council, Whanganui District Council accompanied by Deputy Mayor O'Neill-Stevens and Chief Executive, Nigel Philpott and to Ashburton District Council accompanied by Chief Executive, Nigel Philpott. He answered questions on the draft Government Policy Statement on Land Transport 2024, fluoridation of Nelson’s water supply, residential development contributions in the inner city and tabled a letter to the Prime Minister about the conflict in Gaza (1982984479-7286).
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1. Receives the report Mayor's Report (R28390) and its attachments (1118544611-7597, 1118544611-7617 and 1118544611-7623); and 2. Appoints the Chairperson (or nominee) of the Climate Change Taskforce as an alternative representative on the Nelson Tasman Climate Forum. |
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1 1118544611-7630 - Letter to Prime Minister - conflict in Gaza |
9. Waimea Inlet Management Strategy and Action Plan
Document number R27962, agenda pages 66 - 107 refer.
Group Manager Environmental Management, Mandy Bishop took the report as read. Tasman Environmental Trust Manager, Sky Davis, Environmental Programmes Advisor, Scott Butcher, Coastal and Marine Scientist Harry Allard and Senior Freshwater Scientist Paul Fisher answered questions about the health of the Waimea Inlet, contaminants and their effect on sea life and kai moana, meeting the action plan timeline and involvement and participation of EnviroSchools and volunteers.
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1. Receives the report (R27962) on the Waimea Inlet Management Strategy and Action Plan 2023 to 2026 and its attachments (174474956-876 and 174474956-593); and 2. Adopts the Waimea Inlet Management Strategy 2050 and Action Plan 2023 to 2026 (174474956-876); and 3. Approves Nelson City Council as the lead or support agency for the specific implementation actions as identified in the Waimea Inlet Management Strategy 2050 and Action Plan 2023 to 2026 (174474956-593). |
The meeting was adjourned from 10.20a.m. until 10.31a.m.
10. Tāhunanui Back Beach Site Remediation - Options Report
Document number R28060, agenda pages 108 - 164 refer.
Group Manager Community Services, Andrew White and Manager Parks and Facilities, Hannah Curwood, General Manager Regional Services, Nathan Clarke and a consultant from Tonkin and Taylor, Paul Walker took the report as read and answered questions about erosion of the beach and contaminated area, risks for people and the environment associated with high levels of contamination of sawdust and underlying sand at the site, engagement with the wind sports fraternity and measures to mitigate the potential loss of some parking spaces.
Councillor Rollo, seconded by Councillor Rainey, moved an amended officer’s recommendation to provide for an alternative carpark, ideally without reducing the number of carparks.
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1. Receives the report Tāhunanui Back Beach Site Remediation - Options Report (R28060) and its attachments (196698121-55850, 196698121-55851 and 196698121-56102); and 2. Confirms that the best option to remediate the contamination is to remove the contaminated sawdust and sand from Tāhunanui Back Beach to York Valley Landfill and to restore the site by grading and planting to establish low level dunes and establishing an alternative carpark ideally without reducing the number of carparks at Tāhunanui Back Beach for an estimated cost of $5.8m; and 3. Confirms that site remediation at Tāhunanui Back Beach requires a significant portion of the $5.8m estimated cost to be funded by Central Government through its Ministry for the Environment Contaminated Sites Remediation Fund; and 4. Requests the Chief Executive to continue discussions with the Government to confirm its commitment to provide significant funding towards Council’s preferred option of removing the contaminated sawdust and sand from Tāhunanui Back Beach to York Valley Landfill and to restore Tāhunanui Back Beach by grading and planting to establish low level dunes and establishing an alternative carpark ideally without reducing the number of carparks at the subject site for an estimated cost of $5.8m; and 5. Requests the Chief Executive to report back once Central Government has advised its commitment to funding for remediation and restoration of Tāhunanui Back Beach; and 6. Confirms that until a permanent solution is implemented the Tāhunanui Back Beach will continue to be managed to contain the contamination.
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The meeting was adjourned from 11.23a.m. until 11.38a.m.
11. Community Investment Funding Update - Small Grants Round November 2023
Document number R28210, agenda pages 165 - 176 refer.
Group Manager Community Services, Andrew White and Manager Community Partnerships, Mark Preston-Thomas took the report as read.
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1. Receives the report Community Investment Funding Update - Small Grants Round November 2023 (R28210) and its attachments (636034393-11929 and 636034393-11966); and 2. Receives the minutes from the Community Investment Fund meeting held on 29 November 2023 and notes the funding decisions taken. |
12. Plan Change 29 - Hearing Panel (Item 15 of Agenda)
Document number R28354, agenda pages 209 - 218 refer.
Councillor Brand and Councillor O'Neill-Stevens declared an interest in this item and took no part in the discussion or voting on the matter. They took no part in discussion or voting on the matter.
Attendance: Councillor Brand and Councillor O'Neill-Stevens withdrew from the meeting table at 11.45a.m.
Group Manager Environmental Management, Mandy Bishop and Manager Planning and Development, Clare Piper took the report as read and answered questions on the appointment of an additional commissioner and a casting vote.
His Worship the Mayor Hon Dr Smith, seconded by Councillor Skinner, moved an amended officer’s recommendation, noting that the Chair of the hearing panel had a casting vote.
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1. Receives the report Plan Change 29 - Hearing Panel (R28354) and its attachment (539570224-19202); and 2. Notes the Council Resolution CL/2023/177 on 10 August 2023 to establish a mixed, three-person Hearings Panel comprising an Independent Chair, Deputy Mayor O’Neill-Stephens and Councillor Brand to hear and recommend on submissions received in relation to Plan Changes 29 and 31; and 3. Approves the Terms of Reference for the Plan Change 29 Hearing Panel (539570224-19202), including provision for the Chair to have a casting vote; and 4. Delegates functions, duties, and powers under section 34A(1) of the Resource Management Act 1991 to the Plan Change 29 Hearing Panel to consider, hear, deliberate and decide on all submissions and further submissions received on Plan Change 29; and 5. Approves the appointment of one additional Independent Commissioner to the Plan Change 29 Hearing Panel; and 6. Confirms the Nelson City Council Delegations Register will be updated to include the Plan Change 29 Hearing Panel. |
Attendance: Councillor Brand and Councillor O'Neill-Stevens joined the meeting at 11.50a.m.
13. Consent for Easements - Wastney Terrace and Railway Reserve (Item 16 of the Agenda)
Document number R28403, late items agenda pages 20 - 28 refer.
Group Manager Corporate Services, Nikki Harrison, Manager Property Services, Rebecca Van Orden and Senior Property Officer, Susan Mathieson took the report as read.
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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. |
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Exclusion of the Public |
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1. Excludes the public from the following parts of the proceedings of this meeting. 2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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1 |
Council Meeting - Confidential Minutes - 1 February 2024 |
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) · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(j) To prevent the disclosure or use of official information for improper gain or improper advantage |
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2 |
Appointment of additional Commissioner - Plan Change 29 To enable the engagement of the Commissioner to be negotiated |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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3 |
Inner City Development |
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)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · 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) |
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4 |
Proposed Property Purchase for Seasports Facility and Sale of Part of Haven Road Property |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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Haven Precinct Proposed Acquisition |
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 11.57a.m. and adjourned at 4.08p.m.
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 8 March 2024, commencing at 11.08a.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
14. Infrastructure Six Monthly Report 1 July 2023 - 31 December 2023 (Item 13 of the Agenda)
Document number R28227, agenda pages 177 - 196 refer.
Attendance: Councillor Rainey left the meeting at 11.20a.m.
Group Manager Infrastructure, Alec Louverdis, Manager Transport and Solid Waste, Margaret Parfitt, Manager Utilities Activity Management, Phil Ruffell and Strategic Adviser Infrastructure, Mark Macfarlane took the report as read and answered questions on including forestry in future Six Monthly Reports, scheduling planting of new trees, opportunities for input in the draft Government Policy Statement on Land Transport 2024, road repair and maintenance, the Maitai Dam aeration project, water restrictions, flood protection and budget tracking.
Attendance: Councillor Rainey joined the meeting at 12.00p.m.
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1. Receives the report Infrastructure Six Monthly Report 1 July 2023 - 31 December 2023 (R28227) and its attachments (1530519604-13277, 1833911234-1291 and 1833911234-1292); and 2. Approves unbudgeted additional capital funding of $400,000 in 2023/24 to complete Saxtons Creek Stage 4 stormwater upgrade for the reasons detailed in Report R28227; and 3. Approves unbudgeted additional renewal funding of $400,000 in 2023/24 to address urgent remedial works to key bus routes and bus stops before the onset of winter. . |
The meeting was adjourned from 12.19p.m. until 12.35p.m.
15. Environmental Management Six Monthly Report - 1 July 2023 - 31 December 2023 (Item 14 of the Agenda)
Document number R28279, agenda pages 197 - 208 refer.
Group Manager Environmental Management, Mandy Bishop corrected the report noting housing reserve was set aside for iwi applications until 30 June 2025, not November 2025. She answered questions on recruitment of planning staff, continued funding of the Jobs for Nature programme, review of historical resource consent conditions and challenges to access information by the public, resource support for iwi to enable responses during resource consent applications, navigation safety, engagement with Marlborough District Council on new dangerous dams legislation and collaboration with Tasman District Council on cat management. Group Manager Strategy and Communications, Nicky McDonald answered questions about the climate change update.
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1. Receives the report Environmental Management Six Monthly Report - 1 July 2023 - 31 December 2023 (R28279). |
16. Draft Car Share Operation Policy (Item 16 of the Agenda)
Document number R28382, late items agenda pages 2 - 19 refer.
Group Manager Strategy and Communications, Nicky McDonald and Manager Climate Change, David Measures took the report as read and answered questions on potential entry of interested car share service providers in Nelson, mitigation of the challenges for use of electric vehicles and allocation of free parking spaces and loss of Council revenue.
The meeting was adjourned from 2.05p.m. until 2.25p.m.
Councillor Sanson, seconded by His Worship the Mayor moved an amended officer’s recommendation with the intent of ensuring the two year period referenced started not from adoption of the policy but from the time that a car share provider first started operation in Nelson.
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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 the fleet during the first two years of their operation, 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. |
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Sanson/His Worship the Mayor |
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Councillor O’Neill-Stevens, seconded by Councillor Hodgson moved an amendment to expedite introduction of a car share service by removing the requirement that shared vehicles were to be hybrid or electric vehicles and provided for regular review of the policy.
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Amendment |
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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) with the following amendments: a) the removal of the requirement for the shared vehicles to be EVs or Hybrids; and b) a requirement to review the Policy two years following commencements, and at least every five years subsequently; and 3. 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.
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The substantive motion remained.
Councillor Rainey, seconded by Councillor Sanson moved a motion to close debate.
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Closure Motion |
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1. Puts the motion under debate, pursuant to Standing Order 23.2(b). |
Councillor O’Neill-Stevens raised a Point of Order against Councillor Benge for misrepresentation. The Point of Order was upheld.
The substantive motion was put.
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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 their operation, 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.
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3. Excludes the public from the following parts of the proceedings of this meeting. 4. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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Proposed acquisition of land for reserve in Nelson |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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7 |
Proposed Road Stopping Part of Neale Avenue |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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8 |
The Community Events Fund - Moving Decision Making to Council |
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 |
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9 |
Trustee Rotation - Nelson Festivals 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)(a) To protect the privacy of natural persons, including that of a deceased person |
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10 |
Kiwisaver Contributions |
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
18. Restatements
It was resolved while the public was excluded:
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Appointment of additional Commissioner - Plan Change 29 |
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3. Agrees that Report (R28391) and the decision only be made publicly available following the completed engagement of the additional Commissioner; and 4. Agrees that Attachment 1 (887727126-2505) to Report R28391 remains confidential at this time. |
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2 |
Inner City Development |
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4. Agrees that the decision only be made publicly available once the terms of the lease and option to purchase are finalised; and 5. Agrees that Report (R28340) and attachments (714127617-20869 and 714127617-20864) remain confidential at this time. |
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3 |
Proposed Property Purchase for Seasports Facility and Sale of Part of Haven Road Property |
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15. Agrees that report R27339, Attachments (149934158-8940,149934158-12284,149934158-8942, 149934158-8939 and 149934158-12246) and the decision be made publicly available once the sale and purchase agreements become unconditional. |
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4 |
Haven Precinct Proposed Acquisition |
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5. Agrees that the report R27844, Attachment (714127617-20935) and the decision be made publicly available once an agreement for sale and purchase becomes unconditional. |
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5 |
Proposed acquisition of land for reserve in Nelson |
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4. Agrees that the report R28232, its attachments (196698121-55714, 196698121-55715 and 196698121-55718) and the decision be made publicly available once both sale and purchase agreements become unconditional. |
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6 |
Proposed Road Stopping Part of Neale Avenue |
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8. Agrees that Report R28328, Attachment (714127617-20930) and the decision remain confidential at this time. |
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7 |
The Community Events Fund - Moving Decision Making to Council |
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1. Receives the report The Community Events Fund - Moving Decision Making to Council (R28248) and its attachments (636034394-8588 and 636034393-12070); and 2. Approves that Community Events Fund applications should be administered by Council; and 3. Dissolves the Community Investment Funding Panel; and 4. Adopts the Community Funding Panel Terms of Reference (636034394-8588) that administers the Community Events Fund and the Community Investment Fund; and 5. Appoints current Community Investment Fund Panel members Arawhita Wiringi, Bhoj Raj Subba, Elva Vivienne (Viv) Lock and Rachel Gordon to the Community Funding Panel; and 6. Appoints Councillors Councillor Anderson and Councillor Rollo to the appointment panel to recommend three new members of the Community Funding Panel; and 7. Notes that Council will approve the selection of new Panel members for the Community Funding Panel at a future meeting; and 8. Agrees to delegate Council Facilities Venue Hire Fund funding decisions to the Chief Executive; and 9. Approves the updated Council Facilities Venue Hire Fund Criteria (636034393-12070); and 10. Agrees that Report (R28248), Attachments (636034394-8588 and 636034393-12070) and the decision be made publicly available. |
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8 |
Trustee Rotation - Nelson Festivals Trust |
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3. Agrees that the decision only be made publicly available, once the trustees have confirmed their acceptance; and 4. Agrees that report (R28360) remains confidential at this time and notes that attachment (1511110536-361), the Nelson Festivals Trust’s Deed of Trust, is publicly available through the Companies office website. |
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9 |
Kiwisaver Contributions |
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3. Agrees that the decision and report (R28384) remain confidential at this time. |
There being no further business the meeting ended at 4.25p.m.
Confirmed as a correct record of proceedings by resolution on 04 April 2024.
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That the Council 1. Confirms the minutes of the meeting of the Council, held on 7 March 2024, as a true and correct record. |