Logo, company name

Description automatically generated

Notice of the Ordinary meeting of

Nelson City Council

Te Kaunihera o Whakatū

 

Date:                      Thursday 4 April 2024

Time:                      9.00a.m.

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

Agenda

Rārangi take

Chairperson                    His Worship the Mayor Nick Smith

Deputy Mayor                 Cr Rohan O'Neill-Stevens

Members                        Cr Matty Anderson

        Cr Matthew Benge

        Cr Trudie Brand

        Cr Mel Courtney

        Cr James Hodgson

        Cr Kahu Paki Paki

        Cr Pete Rainey

        Cr Campbell Rollo

        Cr Rachel Sanson

        Cr Tim Skinner

        Cr Aaron Stallard

Quorum    7                                                                                   Nigel Philpott

Chief Executive

Nelson City Council Disclaimer

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


Nelson City Council

4 April 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      Allison Croft - Intergenerational Playgrounds

Allison Croft will be speaking about intergenerational playgrounds and advocating for the Inner City Trafalgar Playground to go ahead sooner.

4.2      The Packaging Forum - To trial a soft plastic recycling scheme in Nelson

Lyn Mayes, Soft Plastic Recycling Scheme Manager, and Rob Langford, Chief Executive, from the Packaging Forum, will speak about a proposal to trial a soft plastic recycling scheme in Nelson this year.

 

5.       Confirmation of Minutes

5.1      7 March 2024                                                                               9 - 27

Document number M20474

Recommendation

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 7 March 2024, as a true and correct record.

 

5.2      22 March 2024                                                                           27 - 32

Document number M20502

Recommendation

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 22 March 2024, as a true and correct record.

    

6.       Strategic Presentation - Nelson Centre of Musical Arts

Jan Trayes, Chair of the Nelson Centre of Musical Arts Board; James Donaldson, Director of the Nelson Centre of Musical Arts; and trustee Alex Davidson will give a presentation to Council.

7.       Mayor's Report

The Mayor’s Report will be tabled.

 

8.       Tāhunanui Contaminated Site Remediation - request for unbudgeted expenditure                                            33 - 39

Document number R28420

Recommendation

That the Council

1.     Receives the report Tāhunanui Contaminated Site Remediation - request for unbudgeted expenditure (R28420); and

2.     Approves up to $85,000 of unbudgeted expenditure in FY 23/24 for ongoing erosion protection to contain the contaminated material and cost related to maintenance works; and

3.     Approves up to $275,000 of unbudgeted expenditure in FY23/24 for planning, design and pre-construction work for the long-term remediation solution; and

4.     Notes that up to $133,666 of the planning and design cost is expected to be claimed from Ministry for the Environment approved funding for planning and design.

 

 

9.       Review of Joint Waste Management and Minimisation Plan 2019                                                                         40 - 50

Document number R28409

Recommendation

That the Council

1.    Receives the report Review of Joint Waste Management and Minimisation Plan 2019 (R28409) and its attachments (1399367370-7736 and 1399367370-9862); and

2.    Approves the recommendation of the Nelson Tasman Joint Waste Review Working Party to commence revoking and replacing the Nelson Tasman Joint Waste Management Plan; and

3.    Notes that the Strategy and Policy Committee of Tasman District Council approved on 7 March 2024 to commence revoking and replacing the Nelson Tasman Joint Waste Management Plan, subject to approval of the same decision by Nelson City Council; and

4.    Agrees that a draft replacement Nelson Tasman Joint Waste Management and Minimisation Plan be prepared for public consultation in 2025 in accordance with section 44 of the Waste Minimisation Act 2008; and

5.    Notes that the Nelson Tasman Joint Waste Management and Minimisation Plan 2019 remains in effect until such time that both councils adopt a new version.

 

 

10.     Cat Bylaw                                                                  51 - 57

Document number R28419

Recommendation

That the Council

1.    Receives the report Cat Bylaw (R28419); and

2.    Agrees to commence establishing a Cat Management Bylaw.

 

 

11.     August 2022 Extreme Weather Event Recovery - Quarterly Update                                                                      58 - 67

Document number R28318

Recommendation

That the Council

1.    Receives the report August 2022 Extreme Weather Event Recovery - Quarterly Update (R28318) and its attachment (1590798627-1086); and

2.    Agrees that the August 2022 Extreme Weather Event Quarterly Recovery updates to Council be replaced by and reported through the six monthly Infrastructure updates to Council.

 

12.     Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust             68 - 112

Document number R28245

Recommendation

That the Council

1.    Receives the report Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust (R28245) and its attachments (1511110536-976 and 1511110536-978); and

2.    Notes the delivery of the Draft Suter Art Gallery Te Aratoi o Whakatū Trust Statement of Intent 2024/2029 (1511110536-976) as required under the Local Government Act 2002; and

3.    Notes that the Suter Art Gallery Te Aratoi o Whakatū Trust Draft Statement of Intent 2024/2029 meets Council’s expectations dated 16 February 2024.

 

 

 

 

13.     Community Services Six Monthly Report - July 1 to Dec 31, 2023                                                                     113 - 130

Document number R28346

Recommendation

That the Council

1.    Receives the report Community Services Six Monthly Report - July 1 to Dec 31, 2023 (R28346) and its attachment (200344844-474).

 

   

Confidential Business

14.     Exclusion of the Public

Recommendation

That the Council

1.        Excludes the public from the following parts of the proceedings of this meeting.

2.        The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:  

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Council Meeting - Confidential Minutes - 7 March 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)(i)

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

·    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)(a)

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

2

Proposed Inner City Land Purchase and Sale

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

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

·    Section 7(2)(i)

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

3

Regulatory services

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

·    Section 7(2)(h)

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

·    Section 7(2)(i)

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

 

 

Karakia Whakamutanga

 

   

 


Nelson City Council Minutes - 22 March 2024

 

 

 

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 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.

 

3.       Interests

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. 

4.       Public Forum

There was no public forum.

5.       Confirmation of Minutes

5.1      1 February 2024

Document number M20428, agenda pages 11 - 24 refer.

Resolved CL/2024/022

 

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 1 February 2024, as a true and correct record.

Skinner/Courtney                                                                          Carried

 

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

Recommendation to Council CL/2024/023

 

That the Council

1.    Adopts the amended Treasury Management Policy (438494377-3833).

His Worship the Mayor/Sanson                                                      Carried

7.       Presentation - City of Nelson Civic Trust

Document number R28217

Roger Nicholson, Chair of the City of Nelson Civic Trust and Trustee Karen Stade gave a PowerPoint presentation (1982984479-7286).

Attachments

1    1982984479-7286 - Civic Trust Strategic Presentation

 

8.       Mayor's Report

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).

Resolved CL/2024/024

 

That the Council

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.

His Worship the Mayor/O'Neill-Stevens                                          Carried

 

Attachments

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.

Resolved CL/2024/025

 

That the Council

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).

Paki Paki/Sanson                                                                          Carried

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.

Resolved CL/2024/026

 

That the Council

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.

 

The amendment was put, and a division was called:

For

Cr Smith (Chairperson)

Cr Anderson

Cr Benge

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Paki Paki

Cr Rainey

Cr Rollo

Cr Sanson

Cr Stallard

Against

Cr Skinner

Abstained/Interest

 

The motion was carried 12 - 1.

Rollo/Rainey                                                                                 Carried

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.

Resolved CL/2024/027

 

That the Council

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.

His Worship the Mayor/Paki Paki                                                    Carried

 

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.

Resolved CL/2024/028

 

That the Council

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.

His Worship the Mayor/Skinner                                                      Carried

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.

Resolved CL/2024/029

 

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.

Skinner/Stallard                                                                            Carried

 

Exclusion of the Public

 

Resolved CL/2024/030

 

 

That the Council

1.    Excludes the public from the following parts of the proceedings of this meeting.

2.     The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

 

O'Neill-Stevens/Courtney                                                              Carried

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

1

Council Meeting - Confidential Minutes - 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

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)

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)

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)

5

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.

Resolved CL/2024/031

 

That the Council

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.    .

Skinner/Courtney                                                                          Carried

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.

Resolved CL/2024/032

 

That the Council

1.    Receives the report Environmental Management Six Monthly Report - 1 July 2023  - 31 December 2023 (R28279).

Sanson/Stallard                                                                            Carried

 

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.

 

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.

Sanson/His Worship the Mayor                                                                

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.

 

 

Amendment

 

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.

 

The amendment was put, and a division was called:

For

Cr Anderson

Cr Hodgson

Cr O'Neill-Stevens

Cr Rainey

Cr Rollo

Cr Sanson

Against

Cr Smith (Chairperson)

Cr Benge

Cr Brand

Cr Courtney

Cr Paki Paki

Cr Skinner

Cr Stallard

Abstained/Interest

 

The amendment was lost 6 - 7.

The substantive motion remained.

Councillor Rainey, seconded by Councillor Sanson moved a motion to close debate.

Closure Motion

Resolved CL/2024/033

 

That the Council

1.    Puts the motion under debate, pursuant to Standing Order 23.2(b).

Rainey/Sanson                                                                              Carried

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.

Resolved CL/2024/034

 

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 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.

 

The substantive motion was put, and a division was called:

For

Cr Smith (Chairperson)

Cr Anderson

Cr Brand

Cr Courtney

Cr Hodgson

Cr O'Neill-Stevens

Cr Rainey

Cr Rollo

Cr Sanson

Cr Stallard

Against

Cr Benge

Cr Paki Paki

Cr Skinner

Abstained/Interest

 

The substantive motion was carried 10 - 3.

Sanson/His Worship the Mayor                                                      Carried

 

 

 

 

 

17.     Exclusion of the Public

Resolved CL/2024/035

 

That the Council

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:

O'Neill-Stevens/Courtney                                                              Carried

 

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

6

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)

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)

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

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

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:

 

1

Appointment of additional Commissioner - Plan Change 29

 

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.

 

 

 

 

2

Inner City Development

 

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.

3

Proposed Property Purchase for Seasports Facility and Sale of Part of Haven Road Property

 

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.

4

Haven Precinct Proposed Acquisition

 

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.

5

Proposed acquisition of land for reserve in Nelson

 

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.

6

Proposed Road Stopping Part of Neale Avenue

 

8.     Agrees that Report R28328, Attachment (714127617-20930) and the decision remain confidential at this time.

7

The Community Events Fund - Moving Decision Making to Council

 

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.

8

Trustee Rotation - Nelson Festivals Trust

 

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.

9

Kiwisaver Contributions

 

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 (date)

 

Resolved

 

 

 

Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 22 March 2024, commencing at 1.30p.m. 

 

Present:              Deputy Mayor R O'Neill-Stevens (Chairperson), His Worship the Mayor N Smith, Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, K Paki Paki, P Rainey, C Rollo, 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) and Team Leader Governance (R Byrne) and Senior Governance Adviser (H Wagener)

Apology:             An apology has been received from Councillor R Sanson

 

Karakia and Mihi Timatanga

1.       Apologies

Resolved CL/2024/051

 

That the Council

1.    Receives and accepts an apology from Councillor R Sanson.

Courtney/Paki Paki                                                                        Carried

 

2.       Confirmation of Order of Business

The Chair advised that Agenda Item 6: Adoption of the Long Term Plan 2024-2034 Consultation Document would be taken first to accommodate Audit NZ.

 

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.       Adoption of the Long Term Plan 2024-2034 Consultation Document (Item 6 of the Agenda)

Document number R28102, agenda pages 12 - 583 refer.

The meeting was adjourned from 1.37p.m.until 1.40p.m.

Group Manager Strategy and Communications, Nicky McDonald Group Manager Corporate Services, Nikki Harrison, and Senior Policy Adviser, Louis Dalzell took the report as read and provided a proposed addition to the Draft Consultation Document (tabled 1852948764-892) to include an additional paragraph on page 16 providing examples of service cuts that Council could choose to make and to add an explanatory sentence on the proposed Council accessibility strategy and audit. Ms McDonald provided the Nelson City Council Audit Report (tabled 1852948764-899) and a letter of representation to Audit New Zealand (tabled 1852948764-898).

Audit New Zealand Audit Director, John Mackey spoke to the Nelson City Council Audit Report (1852948764-899).

Resolved CL/2024/052

 

That the Council

1.    Receives the report Adoption of the Long Term Plan 2024-2034 Consultation Document (R28102) and its attachments (1852948764-360, 1852948764-634, 1530519604-11301, 1852948764-480, 1852948764-675, 332184083-5274, 1852948764-535, 336940202-11140, 336940202-11141, 2010958706-10042, 1852948764-352, 1852948764-434, 1852948764-423, 1852948764-424); and

2.    Approves for consultation an amended Storm Recovery Charge rating proposal set on a uniform basis of $300 (including GST) per separately used or inhabited part of a rating unit for the ten year period 2024/25 to 2033/34; and

3.    Approves reallocating $50,000 of Better Off Funding from promoting a community car sharing scheme to the project to transition Arts Council Nelson to an Arts Development Agency; and

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

a.     Draft Infrastructure Strategy 2024-2054 (1530519604-11301: Attachment 3)

b.    Draft Financial Strategy (1852948764-480: Attachment 4)

c.     Draft Significant Forecasting Assumptions (1852948764-675: Attachment 5)

d.    Draft Supporting Financial Information for the Long Term Plan 2024-34 Consultation Document  (332184083-5274: Attachment 6)

e.     Draft Council Activity summaries (1852948764-535: Attachment 7)

f.             Draft Nelson City Housing and Business Capacity Assessment (336940202-11140: Attachment 8)

g.    Draft Nelson and Tasman Tier 2 Urban Environment Housing and Business Assessment (336940202-11141: Attachment 9); and

5.    Approves the amended draft Eligibility Buy-out Principles (2010958706-10042: Attachment 10) for consultation as part of the 'Buy-out of private properties affected by slips' Long Term Plan 2024-2034 Consultation Document key issue; and

6.    Agrees that having considered Council’s Significance and Engagement Policy and the importance of other matters to the district and its communities, that the key issues facing Council and the district are described in the Consultation Document; and

7.    Agrees that the Long Term Plan 2024-2034 Consultation Document (1852948764-360: Attachment 1) provides a fair representation of the matters that are proposed in the Long Term Plan and is an effective basis for public consultation as required by section 93B of the Local Government Act; and

8.    Receives the Audit Opinion from Audit New Zealand for inclusion in the Consultation Document; and

9.    Adopts the amended Long Term Plan 2024-2034 Consultation Document (1852948764-360: Attachment 1 including tabled amendments 1852948764-892), for public consultation in accordance with the relevant sections 93 - 93F of the Local Government Act 2002; and

10.  Agrees that the consultation approach (set out in paragraphs 5.19 to 5.23 of this report R28102):

a.     includes sufficient steps to ensure the following documents will be reasonably accessible to the public and will be publicised in a manner appropriate to their purpose and significance:

i.     Long Term Plan Consultation Document 2024-2034

ii.    supporting information

iii.   the consultation information that will be consulted on in parallel with the Consultation Document; and

b.    will result in the Long Term Plan Consultation Document 2024-2034, supporting information, and the consultation information that will be consulted on in parallel with the Consultation Document, being as widely publicised as is reasonably practicable as a basis for consultation

c.     meets the requirements of section 82 and 83 of the Local Government Act 2002; and

11.  Approves the amended draft Revenue and Financing Policy (1852948764-352: Attachment 11)  for public consultation in accordance with sections 102, 103, 82 and 82A of the Local Government Act 2002; and

12.  Approves the following consultation information in accordance with sections 82 and 82A of the Local Government Act 2002:

a.     Consultation information on the draft Revenue and Financing Policy (1852948764-434: Attachment 12)

b.    Consultation information on the draft Rating Policies (1852948764-423: Attachment 13)

c.     Consultation information on the draft Significance and Engagement Policy (1852948764-424: Attachment 14); and

13.  Agrees His Worship Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments required to documents prior to them being made available for public consultation.

His Worship the Mayor/O'Neill-Stevens                                          Carried

 

Attachments

1    1852948764-892 Proposed addition to Draft Consultation Document

2    1852948764-899 Nelson City Council Audit Report 22 March 2024

3    1852948764-898 - Letter of representation to Audit New Zealand 22 March 2024

6.       Mayor's Report (Item 5 of the Agenda)

Document number R28445, agenda pages 7 - 11 refer.

His Worship the Mayor Hon Dr Smith took the report as read and answered questions on the response by Nelson Cricket to Council concerns regarding alcohol advertising during the international cricket games in December 2023, the grounds for the original alcohol advertisement restrictions in the Saxton Field Management Plan and implications for democratic governance decision-making of the recommendation to delegate decision-making to the Joint Committee of the Nelson City and Tasman District Councils.

Resolved CL/2024/053

 

That the Council

1.    Receives the report Mayor's Report  (R28445) and its attachment (118544611-7647); and

2.    Delegates, subject to Tasman District Council approval, to the Joint Committee of the Nelson City and Tasman District Councils consideration and decisions on any recommendations from the Saxton Field Committee regarding changes to the Saxton Field Management Plan, in respect of alcohol advertising.

Rollo/Brand                                                                                  Carried

 

Karakia Whakamutanga

There being no further business the meeting ended at 2.29p.m.

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

 

 


 

Item 8: Tāhunanui Contaminated Site Remediation - request for unbudgeted expenditure

 

Council

4 April 2024

 

Report Title:             Tāhunanui Contaminated Site Remediation - request for unbudgeted expenditure

Report Author:         Hannah Curwood - Manager Parks and Facilities

Report Authoriser:   Andrew White - Group Manager Community Services

Report Number:       R28420

 

 

1.       Purpose of Report

1.1      To request unbudgeted expenditure for:

·    Planning and design of the approved long-term remediation solution for the contaminated site at Tāhunanui beach.

·    Ongoing erosion protection to contain the contaminated material, and maintenance works on the site during the planning and design stage.

2.       Summary

2.1      Council has agreed a preferred option for the clean-up of eroding contaminated sawdust at Tāhunanui Beach, and in the interim until the solution is implemented, is managing the sawdust by containing it behind a geotextile and sand bund.

2.2      Unbudgeted expenditure of up to $5,800,000 is required for planning and implementation of the long-term solution, and staff are working closely with the Ministry for the Environment (MfE) to seek funds towards this.

2.3      Interim funds are requested to enable planning work to continue and to protect the exposed sawdust face from further erosion until a funding agreement is reached and the long-term remediation plan can be actioned.

3.       Recommendation

That the Council

1.     Receives the report Tāhunanui Contaminated Site Remediation - request for unbudgeted expenditure (R28420); and

2.     Approves up to $85,000 of unbudgeted expenditure in FY 23/24 for ongoing erosion protection to contain the contaminated material and cost related to maintenance works, and

3.     Approves up to $275,000 of unbudgeted expenditure in FY23/24 for planning, design and pre-construction work for the long-term remediation solution, and

4.     Notes that up to $133,666 of the planning and design cost is expected to be claimed from the Ministry for the Environment approved funding for planning and design.

 

4.       Background

4.1      At its meeting on 10 August 2023 Council resolved:

Resolved CL/2023/183

That the Council

1. Receives the report Tāhunanui Beach Unbudgeted Expenditure Request (R27841) and its attachments (310955630-8811 and 310955630-8812); and Nelson City Council Minutes - 10 August 2023 M20242 15

2. Allocates up to $100,000 of unbudgeted expenditure to prepare a plan of short-term and long-term actions to mitigate the effects and risks arising from sawdust material placed at Tāhunanui Beach in the 1960s; and

3. Allocates up to $350,000 of unbudgeted expenditure towards short term actions to mitigate the effects and risks arising from sawdust material placed at Tāhunanui Beach in the 1960s; and

4. Notes that the Mayor has written to the Minister and Chief Executive of Ministry for the Environment, providing a copy of this report and advising that Council will subsequently seek funding assistance from the Government’s Contaminated Sites Remediation Fund.

4.2      At its meeting on 07 March 2024 Council resolved:

Resolved CL/2024/026

That the Council

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.

5.       Discussion

5.1      The Council has previously allocated $450,000 towards the planning and implementation of short-term solutions and planning for longer-term solutions.

5.2      The current expenditure stands at $414,259.07. This includes $98,542.10 spent on erosion protection planning, $129,985.87 utilised for erosion protection physical works and regular on-site maintenance, and $185,731.10 used for site testing and planning for the long-term remediation solution.

5.3      Replenishment of the sand bund is necessary every 6-8 weeks, or more often as required by weather events and high tides. It is vital that the bund is kept topped up to maintain the contaminated material safely until a long-term solution for remediation is enacted.

5.4      Staff estimate the cost of maintaining the site until the end of June 2024 to be around $85,000, and that a further $275,000 will be required for design, planning, and pre-Construction works for the long-term solution.

5.5      Staff will apply for funding from the MfE Contaminated Sites Remediation Fund (CSRF) for the site works phase of the project.

5.6      Maintenance of the safety fence and signage surrounding the site is vital to ensure humans and pets do not encounter the bund and material contained therein. Contractors visit the site daily to ensure the efficacy of the fence and repair as necessary.

5.7      Up to $133,666 of the planning and design cost is expected to be claimed from MfE approved funding for planning and design.

6.       Options

6.1     

Option 1: Approve unbudgeted expenditure

Advantages

·   Continue to contain and protect the exposed sawdust face while long-term design and planning takes place

·   Long-term planning and design can continue, meaning removal of the material can be expedited rather than halted

·   Reduced long-term site maintenance costs are anticipated due to the possibility of earlier commencement of work.

·   Proactive and continued protection of people, pets, wildlife and the surrounding environment

Risks and Disadvantages

·   There is a risk that the funding application to MfE may not be successful; however signals from MfE is that this is unlikely

Option 2: Do not approve unbudgeted expenditure

Advantages

·    Officers do not see any advantages to this option.

Risks and Disadvantages

·    Work must halt, meaning that the contaminated material will remain in situ for a longer period of time, resulting in increased expenditure on long-term site management.

·    Exacerbation of environmental leaching of contaminants

·    Potential exposure to the contaminants for a longer period of time for people, pets, wildlife and the environment

·    Halting work will mean that the project will likely be delayed until the busy summer period

·    Potential reputational damage to Council

·    Further loss of the contaminated material into the surrounding environment due to rough weather and high tides.

 

7.       Next Steps

7.1      Work will continue on the planning and design of the approved long-term remediation solution.

7.2      The site will continue to be managed to protect the exposed sawdust face, restrict access, and minimise harm to the environment and our community.

 

 

Attachments

Nil

 

Important considerations for decision making

Fit with Purpose of Local Government

Remediating and reinstating the site contributes to the social and environmental well-being of the community.

a)    provides a framework and powers for local authorities to decide which activities they undertake and the manner in which they will undertake them; and

b)    promotes the accountability of local authorities to their communities; and

c)     provides for local authorities to play a broad role in promoting the social, economic, environmental, and cultural well-being of their communities, taking a sustainable development approach.

Consistency with Community Outcomes and Council Policy

Remediating and reinstating the site contributes to a healthy and protected natural environment, healthy and safe communities and providing access to recreational activities.

Risk

The likelihood of adverse consequences in relation to undertaking the recommended action is low, particularly when compared to the status quo in terms of people’s health and safety and risks to the environment.

The risk to Council reputation, public health and safety issues, relationship with Iwi and the cultural importance of the back beach and associated land is significant if remediation is not hastened and completed.

Financial impact

The financial impact of the decision is medium; officers are hoping to offset the total amount sought through funding from the Ministry for the Environment. No additional staffing is required because of this decision.

Degree of significance and level of engagement

This matter is of medium significance because of the high use of the immediate area, as well as the ongoing effect of the contamination on local dunes, back beach, associated landowners, and the sea. Additionally, this area is of high local significance culturally, for Iwi, tourism, and commercial interests. An engagement/consultation plan was developed as part of the investigation and is ongoing.

Climate Impact

The effect of lowering the dune height has been assessed by T+T which has indicated that exacerbating erosion is unlikely given the remediation area is a small percentage of the overall sand spit volume. The height of the dune following works will be similar to those surrounding the site, and in keeping the dune level prior to the material being deposited in the 1960s.

Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report, although extensive engagement has been undertaken around the wider project.

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:

identifying the reasonably practicable options and assessing their advantages and disadvantages (refer options table in the body of the report).

·    Officers will ensure that any applicable legal requirements for the carrying out the remediation works be identified and complied with.

Delegations

This is a matter for Council.

 


 

Item 9: Review of Joint Waste Management and Minimisation Plan 2019

 

Council

4 April 2024

 

Report Title:             Review of Joint Waste Management and Minimisation Plan 2019

Report Author:         Karen Lee - Waste Minimisation Advisor

Report Authoriser:   Alec Louverdis - Group Manager Infrastructure

Report Number:       R28409

 

 

1.       Purpose of Report

1.1      To approve the recommendation of the Nelson Tasman Joint Waste Review Working Party (Working Party), to commence revoking and replacing the current Nelson Tasman Joint Waste Management and Minimisation Plan 2019 (2019 Plan).

2.       Summary

2.1      Territorial Authorities are statutorily responsible for promoting effective and efficient waste management and minimisation in our region, and improving, promoting and protecting public health.

2.2      To deliver this responsibility, Nelson City Council (NCC) shares a Joint Waste Management and Minimisation Plan (JWMMP) with Tasman District Council (TDC).

2.3      The purpose of this JWMMP is to provide strategic guidance for both councils and the Nelson Tasman Regional Landfill Business Unit waste minimisation and management activities.

2.4      Under section 50 of the Waste Minimisation Act 2008 (the Act), the JWMMP must be reviewed within six years of its last adoption. The current plan was adopted in 2019 by the two Council’s.

2.5      The Working Party approved by the two Council’s in September 2022 has the power to make recommendations to both Councils regarding consultation on, and adoption of, a new or amended Waste Plan as well as making recommendations when reviewing the Waste Plan and subsequent implementation of a new or amended Waste Plan.

2.6      The Working Party comprises elected representatives from both Councils and has provision for up to three iwi representatives. At the first Working Party meeting on 8 February 2024, members considered the three options as per sections 43 and 50 of the Act and the Working Party’s recommendation is to revoke and substitute with a new plan. This will enable changes in national waste policy, climate change policy and legislation to be included. It will also provide more opportunities for our community and iwi to engage on the strategic direction for waste in our region. 

3.       Recommendation

That the Council

1.    Receives the report Review of Joint Waste Management and Minimisation Plan 2019 (R28409) and its attachments (1399367370-7736 and 1399367370-9862); and

2.    Approves the recommendation of the Nelson Tasman Joint Waste Review Working Party to commence revoking and replacing the Nelson Tasman Joint Waste Management Plan; and

3.    Notes that the Strategy and Policy Committee of Tasman District Council approved on 7 March 2024 to commence revoking and replacing the Nelson Tasman Joint Waste Management Plan, subject to approval of the same decision by Nelson City Council; and

4.    Agrees that a draft replacement Nelson Tasman Joint Waste Management and Minimisation Plan be prepared for public consultation in 2025 in accordance with section 44 of the Waste Minimisation Act 2008; and

5.    Notes that the Nelson Tasman Joint Waste Management and Minimisation Plan 2019 remains in effect until such time that both councils adopt a new version.

 

4.       Background

4.1      Under Section 43 of the Waste Minimisation Act 2008 (the Act) there is a legislative requirement for councils to have a Waste Management and Minimisation Plan, and for the plan to be reviewed every six years (or earlier). The previous version was adopted by both councils in September 2019.

4.2      The plan’s review must be informed by a Waste Assessment (as specified by section 51 of the Act).

4.3      In order to receive funding from the New Zealand Waste Disposal Levy (administered by central government) councils must meet their review obligations. Funding from the levy must be allocated to waste minimisation activities as set out in the Waste Management and Minimisation Plan.

4.4      The Terms of Reference (Attachment 1 1399367370-7736) for the Working party includes up to three iwi representatives. An invitation was issued to iwi in January 2023, and this has been escalated to iwi management. Meanwhile iwi are being regularly updated through appropriate Council channels.

4.5      The review process was due to commence in 2023. However, in March 2023 the New Zealand Waste Strategy 2010, to which this review gives regard, was replaced with Te Rautaki Para/New Zealand Waste Strategy 2023. With the release of this updated national waste policy document, the review of the JWMMP was delayed by a year to begin in February 2024 to allow time to give sufficient regard to the new strategy. The delay will also allow the Working Party to consider the draft 2024 Long Term Plans in the development of the new Waste Plan. Refer to Appendix B for the timeline.

5.       Discussion

5.1      Significant changes have occurred in waste minimisation and climate change policy since the councils adopted the Waste Plan in 2019, along with other relevant shifts in the councils’ strategic direction. These include:

5.1.1   Signed partnership agreement between iwi and councils of Te Tauihu;

5.1.2   Stronger integration between responses to climate change and waste minimisation policy at national and local levels;

5.1.3   Policy announcements for proposed legislative reform of the Waste Minimisation Act 2008 and Litter Act 1972;

5.1.4   The publication of an updated New Zealand Waste Strategy in 2023;

5.1.5   New waste regulations relating to:

·    Increasing the rate and application of the Waste Disposal Levy;

·    Prohibition of single use plastic items;

·    Standardising kerbside recycling collections; and

·    Increased waste reporting requirements for local authorities.

5.2      These changes present both opportunities and challenges including rethinking waste planning for the region. The councils, along with their communities, have an opportunity to reduce the quantity of waste disposed to landfill, increase the recovery of materials and reduce associated harm from waste.

5.3      The 2019 Plan did not include significant consideration of climate change impacts on waste services and infrastructure. Revoking and replacing the 2019 Plan presents an opportunity to give better regard to national and regional climate action plans, as well as both councils’ Long Term Plans.

5.4      Amending the 2019 Plan would be likely to require a similar level of resourcing to revoking and replacing, without the same benefits. Both options require public consultation.

5.5      At the first Working Party meeting on 8 February 2024, as per sections 43 and 50 of the Act, the options for reviewing the plan were considered:

5.5.1   Revoke and replace the 2019 Plan;

5.5.2   Amend the 2019 Plan; or

5.5.3   Retain the 2019 Plan

5.6      The Working Party recommends the councils start the process to revoke and replace the 2019 Plan.

5.7      On 7 March 2024 the Strategy and Policy Committee of TDC approved the Working Party recommendation.

6.       Options

6.1      The Working Party considered the three options to revoke and replace, amend or make no changes to the 2019 Plan. The recommendation to revoke and replace is based on the following factors:

Option 1: Approve the Joint Waste Review Working Party recommendation (recommended)

Advantages

·    Allows a future JWMMP to be designed which will be a better fit with community aspirations and needs

·    Allows more time for iwi engagement

·    Better supports alignment with climate change action plans and strategies

·    Supports alignment with the Te Rautaki Para/New Zealand Waste Strategy 2023

·    Aligns with joint approach with Tasman District council

·    The 2019 Plan continues to guide the councils’ waste activities until a replacement Waste Plan is adopted

Risks and Disadvantages

·   None

Option 2: Do not approve Joint Waste Review Working Party recommendation

Advantages

·    None

Risks and Disadvantages

·   Delays review process

·   Risks not meeting legislative requirement for plan review in order to receive Waste Disposal Levy

·   Risks not aligning with Tasman District Council

 

7.       Next Steps

7.1      If both councils endorse the Working Party recommendation, a new plan will be drafted and presented to both Councils for approval prior to public consultation utilising a Special Consultative Process as required by Section 50 of the Act.

7.2      Following consultation a final draft of the Joint Waste Management and Minimisation Plan would be presented to both Councils for adoption by July 2025.

 

 

Attachments

Attachment 1:   1399367370-7736 Joint Waste Review Working Party Terms of Reference

Attachment 2:   1399367370-9862 Joint Waste Management and Minimisation Plan review timeline  

 

Important considerations for decision making

Fit with Purpose of Local Government

The JWMMP is a key strategic document for waste management and minimisation in the region. It affects the management of Council services and provision of long-term infrastructure.

Consistency with Community Outcomes and Council Policy

The review of the JWMMP needs to consider the long term objectives and policies for the region. It is a document that will guide waste management decisions by the Council over the next up to 6 years.

Risk

The Waste Minimisation Act requires the Council to review the JWMMP at an interval of no less than six years. The existing JWMMP was adopted in 2019.

Financial impact

The review of this plan will require professional advice, and this will be funded with existing budgets.

Decisions made in the review and amendment of the JWMMP may have financial or budgetary implications for the Council in the medium to long term, but these impacts will be ultimately determined by the Council through the Long Term Plan and Annual Plan processes.

Degree of significance and level of engagement

This matter is of high significance because Waste management and minimisation policy affects most people in our region every day and will require a special consultative procedure as set out under the Act.

Climate Impact

The JWMMP includes important considerations for actions and impact related to climate change, both for mitigation and adaptation.  These include:

·    Supporting the resilience of infrastructure and services to the impacts of climate events such as storms and sea level rise

·    Planning and preparing for disaster waste management – considering both infrastructure and service solutions

·    Influencing emissions reductions both for Council and our wider community

Inclusion of Māori in the decision making process

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

Iwi have been invited to nominate representatives to represent Iwi interest on the working party.

Iwi will have the opportunity to make submissions for the consideration of the Councils through the special consultative process.

Legal context

Under the Waste Minimisation Act 2008 Council

·    S43 - must adopt a waste management and minimisation plan.

·    S45 - may jointly with another territorial authority prepare with and adopt a waste management and minimisation plan for the whole or parts of their districts

·    S50 – Review its waste management and minimisation plan at intervals of not more than 6 years after the last review

Delegations

This is a matter for council.

 


Item 9: Review of Joint Waste Management and Minimisation Plan 2019: Attachment 1





Item 9: Review of Joint Waste Management and Minimisation Plan 2019: Attachment 2



 

Item 10: Cat Bylaw

 

Council

4 April 2024

 

Report Title:             Cat Bylaw

Report Author:         Richard Frizzell - Environmental Programmes Officer

Report Authoriser:   Mandy Bishop - Group Manager Environmental Management

Report Number:       R28419

 

 

1.       Purpose of Report

1.1      To consider, and decide to commence, the process for establishing a Cat Bylaw.

2.       Summary

2.1      At its meeting on 19 October 2023 the Council requested staff bring back options for consulting on a cat management bylaw by April 2024.

2.2      This report outlines the process under the Local Government Act 2002 associated with establishing a cat bylaw, focussing on compulsory microchipping and microchip registration, and desexing. As it is intended that the Council will align with Tasman District Council for this work, this report provides an update on the approach being undertaken by Tasman District Council.

3.       Recommendation

That the Council

1.    Receives the report Cat Bylaw (R28419); and

2.    Agrees to commence establishing a Cat Management Bylaw

 

4.       Background

4.1      At a workshop on 2 June 2023, the Council discussed the issue of cat management and options to address concerns about the impacts of cats on biodiversity and community values. There is no national legislation or direction on this issue. At this workshop the Council expressed support for a range of measures to improve cat management in Nelson, including extending provisions to control feral and stray cats in the Tasman-Nelson Regional Pest Management Plan, and introducing a bylaw for compulsory microchipping and desexing of companion cats supported by an education programme.

4.2      As part of a limited review of the Tasman Nelson Regional Pest Management Plan proposed rules to control feral and stray cats in areas of Nelson with high natural value have been developed and submissions on them closed on 28 March 2024.

4.3      This report seeks formal direction from the Council to commence the process of establishing a cat bylaw.

4.4      Tasman District Council has started the process of establishing a cat bylaw by undertaking a survey to determine the level of support for various controls to be considered. Of the 1587 responses 86.07% supported microchipping, 67.7% registration, and 89.04% desexing. Only 6.18% supported none of these options. Tasman District Council is planning to hold a workshop to discuss a bylaw on 31 May 2024; a draft bylaw will be considered on 18 July 2024 with consultation on the draft bylaw tentatively scheduled from the 29 July to 30 August 2024. Potential adoption of a bylaw is planned for November 2024. A lead in time period may be required before implementation of the bylaw.

5.       Discussion

5.1      The relevant provisions and process for the Council to establish a cat  bylaw are outlined below. If the Council decides to commence this process, a draft bylaw, including a Statement of Proposal for consultation will be developed and brought back to Council for consideration.

          Local Government Act 2002 – bylaw provisions

5.2      The Local Government Act 2002 (LGA) outlines the powers, scope and tests for making bylaws.

5.3      Section 145 of the LGA outlines the general powers for making bylaws. Of potential relevance, depending on the issue being addressed, bylaws may be made for the following purposes:

5.3.1   Protecting the public from nuisance;

5.3.2   Protecting, promoting and maintaining public health and safety.

5.4      Section 146 of the LGA describes additional specific bylaw making powers and gives the power to make bylaws to regulate the keeping of animals. Therefore, the Council has the power to regulate animals and the power to make bylaws to protect the public from nuisance and/or maintain public health arising from cats. These powers have been used by some councils to introduce bylaws on microchipping, desexing, or limiting the numbers of cats, but not for biodiversity protection.

5.5      To be able to make a bylaw, section 155 of the LGA requires that Council must determine what the perceived problem is and whether a bylaw is the most appropriate way of addressing that problem, before commencing the process of making a bylaw. If Council determines a bylaw is the most appropriate way of addressing the perceived problem, it must then determine whether the proposed bylaw is the most appropriate form of the bylaw and whether it gives rise to any implications under the New Zealand Bill of Rights Act 1990, before making the bylaw. A bylaw that is inconsistent with the New Zealand Bill of Rights Act is not permissible.

5.6      Public submissions and presentations to the Council, especially from the SPCA and NZ Veterinary Association, have provided evidence of the following nuisance and health threats posed by companion cats in Nelson:

5.6.1   Cat trespass (defecation, digging, fighting, spraying)

5.6.2   Wildlife predation in gardens

5.6.3   Transmission of diseases through contact (ringworm, toxoplasmosis, and mites)

5.6.4   Cat bites and scratches

5.7      The SPCA has have highlighted the following benefits of desexing cats, which not only address the nuisance issues raised above but also contribute to cat welfare:

5.7.1   Decreasing unwanted litters

5.7.2   Increasing cat lifespan by 3-5 years

5.7.3   Reduced spraying and marking

5.7.4   Lowering the risk of cancer for cats

5.7.5   Decreased aggression

5.7.6   Reduced roaming

5.8      Microchipping of cats, and microchip registration, is essential for any cat management programme as it can help distinguish companion or managed stray cats from feral cats and can help ensure a lost or injured cat’s owner can be identified and contacted to enable rehoming. It can also help target education effort/responsibility for cats creating a nuisance or public health issue. The SPCA advocates for microchipping cats for identification because the chip cannot be removed, dislodged, or lost without surgical intervention. Once a cat is microchipped the 15-digit microchip number, and the animal and animal owner’s details must be registered with the New Zealand Companion Animal Register.

5.9      Section 146 of the LGA describes additional specific bylaw making powers and gives the power to make bylaws to regulate the keeping of animals. Therefore, Council has the power to regulate animals and the power to make bylaws to protect the public from nuisance and/or maintain public health arising from cats. These powers have been used by some councils to introduce bylaws on microchipping, desexing, or limiting the numbers of cats.

Bylaw enforcement

5.10    A significant consideration in developing an effective bylaw to address nuisance and public health impacts of cats is enforcement. Without specific Government legislation (e.g. as is the case for the control of dogs under the Dog Control Act 1996), Council has limited ability to issue infringement notices for a breach of a bylaw it makes under the LGA regarding cats.

5.11    The SPCA and local vets strongly support compulsory microchipping and desexing and have indicated they will actively assist with compliance of a bylaw. It is anticipated this will be the main method to ensure compliance with a bylaw albeit there may be raised expectations from members of the public for Council to address nuisance cats.

6.       Options

6.1      The Council has the options of either undertaking or not undertaking a process to establish a Cat Bylaw. Commencing the process to establish a bylaw is recommended (option 2).

Option 1: Status quo – no bylaw

Advantages

·   No cost/no need for process establishing regulatory measures

Risks and Disadvantages

·   Does not deal with issues around continued cat nuisance and health impacts

·   Lost opportunity to align cat management approach with Tasman District Council

·   Does not support vets, SPCA or community to differentiate companion cats from feral/stray cats

·   Continued pressure for action likely

Option 2: Commence Cat process – preferred option

Advantages

·    Opportunity to address cat nuisance and public health impacts, by reducing cat population and strays

·    Would allow easy identification and re-homing of companion cats

·    Enables alignment of cat management approaches

Risks and Disadvantages

·    Cost/time to develop proposals and consultation via Special Consultative Process

·    Difficult to enforce

·    Requires an increase in cost for staff, resources and possible financial incentives

 

7.       Conclusion

7.1      This report has outlined the legislative considerations in establishing a cat management bylaw. It has also identified the perceived problem of nuisance and public health posed by cats that could be addressed by a bylaw and bylaw provisions to address them.

7.2      Direction from Council is required to commence the process to establish a bylaw.

8.       Next Steps

8.1      If the Council decides to commence the process to establish a Cat Bylaw, staff will develop a draft bylaw to bring back to Council by September 2024 for consideration and provide more details as required.

8.2      Where appropriate staff will work closely with Tasman District Council to align the provisions and process for a bylaw.

8.3      The aim will be for both Councils to have their bylaws become operative at the same time.

8.4      Opportunities will be taken to work with other agencies and organisations to improve cat management and promote good cat ownership.

 

Attachments

Nil

 

Important considerations for decision making

Fit with Purpose of Local Government

The decision to commence the process to establish a cat bylaw is provided for under the Local Government Act 2002 (s145). It responds to concerns raised by the community and aims to address nuisance and health impacts of cats.

Consistency with Community Outcomes and Council Policy

By seeking to address the impacts from cats on public nuisance and the recommendation aligns with the following:

Community Outcomes:

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

·    Our communities are healthy, safe, inclusive and resilient

 

Risk

There is potential for risk if a bylaw was to be introduced for compulsory microchipping and /or desexing of cats. They include risks of being able to meet the Local Government Act 2002 tests, particularly around the bylaw being the most appropriate way of addressing the perceived problem, legal challenge over the chosen process if the bylaw was found to be inconsistent with the requirements of the Local Government Act 2002, and potential costs and complexities around enforcement of the bylaw.

Financial impact

There is potential for costs if a bylaw was to be introduced for compulsory microchipping and /or desexing of cats for cat owners. There may be a financial impact for Council depending on the size and complexity of the non-regulatory financial incentives and education and potentially costs of enforcing the bylaw.

Degree of significance and level of engagement

This matter is of medium significance and consultation will be required in establishing a bylaw. Some community views have already been expressed through previous submissions and presentations to Council which have called on the Council to establish a bylaw for compulsory microchipping and desexing of cats.

Climate Impact

There is no direct impact on climate change from this decision.

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 Section 146 of the Local Government Act 2002 describes additional specific bylaw making powers and gives the power to make bylaws to regulate the keeping of animals. Therefore, the Council has the power to regulate animals and the power to make bylaws to protect the public from nuisance and/or maintain public health arising from cats. The legal process that Council must follow to make this decision is outlined in Section 145 of the Local Government Act 2002.

·    Council’s decision must be made in accordance with Part 6 of the Local Government Act 2002.  In relation to this decision, this requires specific consideration of a Special Consultative Procedure.

Delegations

This is a matter for Council.

 


 

Item 11: August 2022 Extreme Weather Event Recovery - Quarterly Update

 

Council

4 April 2024

 

Report Title:             August 2022 Extreme Weather Event Recovery - Quarterly Update

Report Author:         Alec Louverdis - Group Manager Infrastructure

Report Number:       R28318

 

 

1.       Purpose of Report

1.1      To provide Council with an update on matters relating to the August 2022 extreme weather event and associated recovery.

2.       Summary

2.1      The Taskforce has met on seven occasions with the last meeting in February 2024.

2.2      Excellent progress continues to be made on all recovery matters including general recovery, work on addressing slips that have originated on Council land and on Brook Street landslips matters.

2.3      Substantial effort continues on work relating to Central Government’s support package.

3.       Recommendation

That the Council

1.    Receives the report August 2022 Extreme Weather Event Recovery - Quarterly Update (R28318) and its attachment (1590798627-1086); and

2.    Agrees that the August 2022 Extreme Weather Event Quarterly Recovery updates to Council be replaced by and reported through the six monthly Infrastructure updates to Council.

 

4.       Background

4.1      The background to the August 2022 and May 2023 events is covered in previous reports and is not replicated here.

4.2      At time of writing, there are 10 red and 61 yellow stickered properties. The yellow placards are made up of 11 Yellow 2 (entry to the building only permitted during daylight hours) and 50 Yellow 1 (entry to parts of the building or property restricted).

5.       Discussion

5.1      Reporting dashboards are appended as Attachment 1.  

          Funding applications

5.2      No further funding applications have been made.

Central Government Support Package

5.3      Council is consulting on the Central Government’s support package  totalling $12.3M as part of the 2024-23 LTP. Officers received a draft contract from Central Government in February, have reviewed it and provided feedback to DPMC. 

Legal

5.4      Potential legal claims have and will continue to be reported to the Audit, Risk and Finance committee.

Insurances

5.5      The income sources and scale of recovery is shown in the table below.

Activity

Estimated claim

Amount received

Amount expected

NZTA Waka Kotahi 

$10M

$2.46M

$7.6M

NEMA (*)

$4.9M

$3.3M

1.8M

Council insurance (**)

$1.6M

$502k

$1.3M

 * w/w, s/w, flood protection & water (no parks/transport) 

** parks, w/w, s/w & water (no flood protection/transport)

5.6      Standard NEMA grants do not include any payment for building back better. Council officers are considering a business case to NEMA to claim for betterment which will need to go to Cabinet for approval. Discussions with NEMA concerning the details for this are ongoing and it is expected to still take time to resolve.

6.       Navigators

6.1      One navigator is still working with the recovery team to providing a link  with New Zealand Claims Resolution Service (NZCRS). 

7.       Community meetings

7.1      No further community meetings have been held.

8.       Council Slips and Brook Street slips

8.1      Work continues to progress better than expected. 

9.       General

9.1      Key highlights since the last report include:

9.1.1   Commencement of Cable Bay slips & road reinstatement works; 

9.1.2   Contract award of Glen Creek & Maitai road slip remedial works;

9.1.3   Completion, following a successful dawn blessing, of the new Maitai golf course bridge replacement;

9.1.4   Completion of the Atmore Terrace slip and road reinstatement, Sowman Street & Braemar Place slip remediation works;

9.1.5   Various Brook Street property acquisitions.

9.2      The focus of work for the remainder of this financial year includes:

9.2.1   Continue with removing gravel from streams/rivers;

9.2.2   Re-opening roads that are currently restricted to one-way (Cable Bay, Brook Street and Maitai Valley Road);

9.2.3   Design of Devenish and Cleveland Terrace intake upgrades;   

9.2.4   Attending to the priority urban river/stream locations; and

9.2.5   Progressing with slips from Council land. 

 

Attachments

Attachment 1:   1590798627-1086 Dashboard Aug22 Recovery Programme - 12Mar2024  

 

Important considerations for decision making

Fit with Purpose of Local Government

The recovery works following the August 2022 extreme weather event and the May 2023 weather event fits the purpose of local Government by supporting the social, economic and environmental well-being of residents impacted by the event.

Consistency with Community Outcomes and Council Policy

The recovery works fit the purpose of local Government by supporting the social, economic and environmental well-being of impacted residents.

Risk

The recovery effort following the August 2022 (and May 2023) extreme weather event will reduce the risk to life and property.

Financial impact

Work continues in line with existing budgets.

Degree of significance and level of engagement

The matters in this report are of low significance - ongoing recovery costs have been consulted on and approved in the 2023/24 Annual Plan.

Climate Impact

The recovery considers the appropriateness of reinstating our assets to a standard to deal with future events expected as a result of climate change.

Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report but iwi have been consulted on specific remedial projects.

Legal context

There are no legal matters that need to be covered here for the purposes of this summary report.

Delegations

Matters in this report are for Council to consider.

 


Item 11: August 2022 Extreme Weather Event Recovery - Quarterly Update: Attachment 1








 

Item 12: Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust

 

Council

4 April 2024

 

Report Title:             Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust

Report Author:         Martin Croft - Strategic Adviser Community Services

Report Authoriser:   Andrew White - Group Manager Community Services

Report Number:       R28245

 

 

1.       Purpose of Report

1.1      To receive the Suter Art Gallery Te Aratoi o Whakatū Trust’s half yearly report – July 1 to December 31, 2023.

1.2      To seek the Council’s comments on the Suter Art Gallery Te Aratoi o Whakatū Trust’s draft Statement of Intent 2024/2029.

2.       Summary

The Suter Art Gallery Te Aratoi o Whakatū Trust has provided a draft SOI for the period 2024-2029 and a half yearly report for the period July 1 to December 31, 2023.

3.       Recommendation

That the Council

1.    Receives the report Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust (R28245) and its attachments (1511110536-976 and 1511110536-978); and

2.    Notes the delivery of the Draft Suter Art Gallery Te Aratoi o Whakatū Trust Statement of Intent 2024/2029 (1511110536-976) as required under the Local Government Act 2002; and

3.    Notes that the Suter Art Gallery Te Aratoi o Whakatū Trust Draft Statement of Intent 2024/2029 meets Council’s expectations dated 16 February 2024.

 

4.       Background

4.1      Under the Local Government Act 2002, the Suter Art Gallery Te Aratoi o Whakatū Trust (the Trust) is required to complete a draft Statement of Intent (SOI) on an annual basis no later than 1 March each year. This requirement has been met.

4.2      Section 66 of the Local Government Act requires the Trust to deliver a half yearly report on performance within two months of the end of that period. This requirement has been met (Attachment 2).

4.3      Council has an opportunity to provide comments on the draft SOI to the Trust within two months of this date. The Trust then has until 30 June to deliver the final SOI to Council.

4.4      Schedule 8 of the Local Government Act outlines the purpose of a SOI, what is to be included and how it is to be approved. The draft SOI, as supplied by the Trust, is compliant.

4.5      A Statement of Expectation (SOE) was sent to the Trust on 16 February 2024 to help guide it in the creation of the SOI. This is available on Council’s website at https://www.nelson.govt.nz/assets/Our-council/Downloads/Plans-strategies-policies/statement-of-expectations/2024/The-Suter-Art-Gallery-Statement-of-Expectations-2024-_-2025.pdf

4.6      Specific expectations in the SOE were:

4.6.1   Planning and reporting: Utilising performance reporting through the inclusion of quantifiable measures and SMART targets.

4.6.2   Good employer obligations: Detail in the SOI how the Trust meets its good employer obligations under the LGA 2002, particularly in relation to fair pay and equal employment opportunities.

4.6.3   Tasman District Council relationship: Detail in the SOI, development of the relationship with Tasman District Council with a view to increasing funding from that source. Describe work to be undertaken to strengthen the relationship and financial support provided by the Tasman District Council.

4.6.4   Resilience: Include in the SOI a risk management plan which details risks/hazards, mitigation strategies, response and recovery plans including in relation to cyber-attacks, pandemics and natural hazards.

4.6.5   Governance: Include in the SOI reference to how the board will identify and develop greater diversity and representation of diverse communities in future succession planning.

4.6.6   Risk: Include in the SOI a specific section on risk. This needs to address risks arising from the current operating environment, including inflation, increasing insurance costs, revenue impacts, and other risks that may be identified by the Trust.

4.6.7   Assets and security: Include in the SOI, commentary on Suter assets and options for security for Council on their investment, including feedback from the Suter Audit and Risk Subcommittee.

4.6.8   Fundraising: Include in the SOI, commentary, or data on how performance evaluation of fundraising would be reported.

4.7      The Trust has chosen to present a draft SOI for five years, 2024 to 2028. This aims to show the strategic direction for the Trust in the medium term, although the draft SOI will continue to be reviewed and updated annually.

4.8      Julie Catchpole (Director of the Suter) and trustees will attend the meeting to present information and answer questions.

5.       Discussion

          Half Yearly Report, 1 July – 31 December 2023

5.1      Visitor numbers were at 58,930, nearly 9,000 ahead of target. 15 exhibitions have been on display in this period, with 10 exhibitions being displayed for the first time. Customer satisfaction survey ratings indicate at least 93.2% satisfaction.

5.2      Long standing Chair of the Trust, Craig Potton, retired from the Trust Board in late October 2023. He is now one of two Suter Patrons. Steve Green became the new Chair and Nic Foster joined as a new trustee in October 2023.

5.3      The Suter Art Gallery Te Aratoi o Whakatū Trust has been registered, replacing “The Bishop Suter Trust”.

5.4      The six-month financials to 31 December 2023 show a net loss of $239,408, which is below the budgeted loss of $199,760.

Draft Statement of Intent 2024/2029

5.5      The Trust’s aspiration is to be a visual arts destination of the highest quality, where Art Matters – a place which will excite, engage and inform our community through art experiences, and that will be a leading attraction for visitors to the region.

5.6      Council should note that in the financial section of the draft SOI, the Trust has assumed a 5.6% increase in funding from Council in the FY 2024/25, and 2% increases in each year thereafter.

5.7      Council should also note that the Trust has assumed Council will restart funding 50% of their depreciation in 2025.

5.8      Other areas of interest include:

5.8.1   The number of KPI’s shown in the SOI are down from 35 in the SOI for 2023/2028, to 13 in 2024/2029. This has been partly driven by the desire to reduce auditing costs.

5.8.2   The Trust has reviewed the operational viability of opening on statutory days and has made the decision to open 357 days in 2025. Until recently, they were open 362 days of the year.

5.8.3   Suter staff have been working alongside Council’s Climate team, using NCC’s carbon footprint monitoring tool to guide mitigations and implementation of sustainable measures.

5.8.4   The Trust highlight the potential significant investment required in 2027 and 2029 to replace the roof top chiller units for the heating, ventilation, and air conditioning (HVAC) system.

Draft SOI reviewed by Chair of Audit Risk & Finance Committee

5.9      Council Officers met with the Audit, Risk, and Finance Committee Chair, Catherine Taylor, and independent member, Lindsay McKenzie. Their comments were:

5.9.1   The tough operating environment is forecast to continue with cost continuing to rise and funding getting harder to obtain.

5.9.2   The Trust may have to investigate alternative ways to resource important infrastructure renewals going forward, including loans where appropriate.

5.10    The draft SOI has been checked for compliance with the statutory requirements and there are no matters to bring to the attention of the Council.

6.       Options

6.1      There is no decision to be made in respect of the half yearly report.

6.2      Council may decide to:

Option 1: Note the Suter Art Gallery Te Aratoi o Whakatū Trust’s Draft SOI 2024/2029 meets Council’s expectations

Advantages

·   Gives clarity to the Trust and Council on the direction for the period 2024-2029.

Risks and Disadvantages

·   Council’s annual grant and contribution to depreciation will not be confirmed until June.  

Option 2: Provide comments to the Trust on its Draft SOI 2024/2029

Advantages

·    The Trust will have an opportunity to make changes to the draft SOI to reflect Council’s feedback.

Risks and Disadvantages

·    If the Trust does not address the comments provided by Council, the SOI will not meet Council’s expectations.

 

7.       Conclusion

7.1      The Trust has submitted the draft Statement of Intent 2024/2029 as required by the Local Government Act.

7.2      Council has an opportunity to provide comments to the Trust for consideration in drafting the final SOI.

8.       Next Steps

8.1      Once the Trust has adopted the SOI, it will be published on the Council website.

 

Attachments

Attachment 1:   1511110536-976 The Suter Draft SOI 2024-2029

Attachment 2:   1511110536-978 The Suter Six Month Review for period 1 July - 31 December 2023  

 

Important considerations for decision making

Fit with Purpose of Local Government

The preparation of a draft SOI and delivery of the half yearly report is a requirement of Schedule 8 of the Local Government Act.

Consistency with Community Outcomes and Council Policy

The Suter contributes to the outcome ‘Our communities have opportunities to celebrate and explore their heritage, identity and creativity’, and ‘Our communities have access to a range of social, educational and recreational facilities and activities’.

Risk

There is a medium risk that due to financial pressure in the year ahead, operations at the Suter Gallery will need to be adjusted accordingly.

Financial impact

The operation of the Suter Gallery is a budgeted activity for Council.

Degree of significance and level of engagement

This matter is of low significance and no further consultation is proposed.

Climate Impact

Climate impact is addressed through the strategic objective of sustainable performance.

Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report. The Trust board includes an iwi representative appointed through Ko Te Poūaranga

Legal context

The preparation of a draft SOI and delivery of the half yearly report is a requirement of Schedule 8 of the Local Government Act.

 

Delegations

This is a matter for Council.  

 


Item 12: Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust: Attachment 1































Item 12: Half Yearly Report and Draft Statement of Intent 2024/29 - The Suter Art Gallery Te Aratoi o Whakatū Trust: Attachment 2












 

Item 13: Community Services Six Monthly Report - July 1 to Dec 31, 2023

 

Council

4 April 2024

 

Report Title:             Community Services Six Monthly Report - July 1 to Dec 31, 2023

Report Author:         Andrew White - Group Manager Community Services

Report Number:       R28346

 

 

1.       Purpose of Report

1.1      To provide Council with a high-level overview of the Community Services activity areas over the six months to 31 December 2023, including financial and non-financial performance measures.

2.       Summary

2.1      The report provides an overview of the activities across the Community Services group of activities: Community Partnerships Business Unit, Parks and Facilities Business Unit, Libraries Business Unit, Marina Management Council Controlled Organisation, and Council’s community focused Council Organisations and Council Controlled Organisations.

3.       Recommendation

That the Council

1.    Receives the report Community Services Six Monthly Report - July 1 to Dec 31, 2023 (R28346) and its attachment (200344844-474).

 

4.       Background

4.1      On 10 August 2023, Council requested high-level six-monthly reports for the environment/regulation, infrastructure, and community services groups of activities. (CL/2023/157)

5.       Financial Results

5.1      For the six months ending 31 December 2023, the Community Services Group’s deficit was $3.1 million against a budgeted deficit of $1.8 million, largely due to later than planned receipt of government grants, higher than planned personnel, finance and insurance costs, and higher than planned property maintenance costs (2023 weather event cleanup and reactive tree maintenance).

5.2      Revenue and expenses have been reviewed and commentary has been included below for variances between actuals and budget of more than $200,000.

5.3      Profit and Loss

5.4      Operating Budget vs. Annual Plan Budget

5.5      The Full Year Operating Budget is projected to be unfavourable against the Annual Plan Budget by $750,000. This is mainly due to the Tāhunanui Sawdust management project, for which Council allocated $450,000 unbudgeted expenditure at its meeting on 10 August 2023, and the Annual Plan decision to reinsert $170,000 for Arts Festival Trust funding.

Revenue

5.6      Rates income is the same as budget.

5.7      Subsidies and Grants are unfavourable against budget by $1,021,000.

5.7.1   Operating Grants are unfavourable against budget by $547,000, which is mainly due to delays in the Three Waters Better off Funding of $400,000 for activities relating to He Tātau Whetū, the Whakatū Nelson Arts and Creativity Strategy.

5.7.2   Capital Grants are unfavourable against budget by $473,000, of which $200,000 relates to the Ministry of Business Innovation and Employment (MBIE) Tourism Infrastructure Fund (TIF) grant for the City to Maitai Hub Track (which has since started to come through), and $200,000 relates to a TIF grant for public toilet renewals. 

5.8      Fees and Charges are favourable against budget by $27,000.

5.9      Other Revenue is favourable against budget by $178,000.

5.10    Development and Financial Contributions is favourable against budget by $238,000. This is due to property development activity generating more development contributions than budgeted for.

Expenses

5.11    Personnel Costs are unfavourable against budget by $320,000

5.12    Finance Costs are unfavourable against budget by $226,000. This is due to internal interest costs being higher than planned due to interest rate rises.

5.13    Depreciation is favourable against budget by $79,000.

5.14    Weather Event Costs are favourable against budget by $128,000.

5.15    Other Expenses are unfavourable against budget by $421,000. This is made up of the following variances:

5.15.1 Insurance is unfavourable against budget by $200,000. This is because of increases in premiums due to a) increases in asset values, and b) higher premium rates. 

5.15.2 Property Maintenance is unfavourable against budget by $400,000. This is due to unprogrammed maintenance. Large variances over $50,000 are:

·    $135,000 relates to the May 2023 weather event, and

·    $92,000 relates to reactive tree removals.

5.15.3 Three Waters Better off Funding Expenses are favourable against budget by $500,000 due to later than planned receipt of income from Central Government. This funding is for activities relating to He Tātau Whetū, the Whakatū Nelson Arts and Creativity Strategy. It is likely some of this spending will be pushed to 2024/25 (along with income above).

5.15.4 Operating Grants expenditure is unfavourable against budget by $439,000. This is mainly due to the timing of grant payments to the Tasman Bays Heritage Trust, Suter Art Gallery Te Aratoi o Whakatū, and Natureland.

5.16    Capital Expenditure Community Services (Actuals to 31 December 2023)

5.17    For the six months ending 31 December 2023, the Community Service Group’s capital expenditure is $4.5 million, which is $6.1 million favourable against the budgeted $10.6 million. This is mainly due to the following underspends:

5.17.1 $2.7 million favourable variance for weather event spend, with work now progressing on the slips from Council land. It is likely that some of these costs will be carried forward to 2024/25.   

5.17.2 $600,000 favourable variance for the Marina Travel Lift renewal, which is expected to be spent by year end.

5.17.3 $600,000 million favourable variance for Stoke Library Structural improvements, which is expected to be spent by year end.

5.17.4 $300,000 million for the Maitai Campground wastewater renewal project.  This project won’t be completed by the end of the year and overall is expected to result in savings.

5.17.5 $200,000 million favourable variance for Elma Turner Library structural work.  This favourable variance is expected to be carried to year end. 

5.18    The year end forecast capital expenditure is $700,000 favourable against budget, which is mainly due to $600,000 for the Founders Collection store.

6.       Performance Measures

A green and yellow pie chart

Description automatically generated

6.1      As part of the development of the Long-Term Plan (LTP) Council approves levels of service, performance measures and targets for each activity. The Community Services Group has 10 performance measures, which are shown in attachment 1.

6.2      Overall, nine out of the 10 performance measures can be confirmed as being on track. One measure – ‘Parks and recreation service meets or exceeds residents’ expectations’ - is measured through the Residents survey, with results expected in the first quarter of 2024.

7.       Activity to 31 December 2023

7.1      Community Partnerships

Community Development

7.1.1   Working in partnership with Multi Cultural Nelson Tasman, Makeshift Spaces and Arts Council Nelson, the ‘Shared Communities Initiative’ has received a $245,000 grant from the Ministry of Culture and Heritage to increase engagement in the arts, culture and heritage sectors for former refugee and migrant communities.

7.1.2   Partnerships between Māori and the community sector were strengthened through a programme of workshops delivered to community groups to increase cultural competency and embed tikanga into work activities. This programme received lotteries funding and was delivered by Council in partnership with the Department of Internal Affairs.

Arts and Heritage

7.1.3   Council continued support for community initiatives through the Arts and Heritage Partnership Grants. Six initiatives received grants.

7.1.4   Heritage Houses proved popular over the period, particularly on public holidays when cruise ships were in Nelson and during the Christmas holiday period. Visitors at Isel House were up 21.3% to 1280 when compared with the same period in 2023. Staffing at these facilities continues to rely heavily on a reducing pool of volunteers, which created challenges keeping the doors open seven days per week.

7.1.5   Founders Heritage Park continues to grow its range of public events. During this period it hosted Illuminate Light and Sound Show, A Night of Terror, Diwali Festival, The Christmas Market, and The Complete History of Nelson Abridged (CHONA).

7.1.6   Visitor numbers at Founders Heritage Park are steadily increasing and were 26% above target over the six-month period.

Events

7.1.7   Council’s events team delivered 15 free and low-cost events between July and December including Winter Wonderland Ice Skating, All Blacks Bench unveiling, My Time My Life (Stoke), Music Mix events (Victory x 5), My Time My Life (Saxton), Four Lanes, Matariki, two Fright Night events, Umbrella Market, Green Lane Launch, and New Years Eve Countdown. 

7.2      Parks and Facilities

Adopt a Spot

7.2.1   Adopt a Spot (AaS) continues to grow, and now has more than 260 volunteers across 41 active volunteer groups in Nelson. With Council support, groups undertake a range of activities including planting and aftercare, weeding, rubbish clean-ups, animal pest monitoring and control, gardening, and fruit tree maintenance, on Council parks and reserves.

Campgrounds

7.2.2   Work is continuing to finalise a lessee and operator for the Brook Valley Holiday Park (BVHP) and preparing the Maitai Valley Motor Camp (MVMC) for lease.

7.2.3   Outstanding compliance items for BVHP, including the installation of service hubs required for long term occupants under the Camping Ground Regulations, have been completed.

7.2.4   Staff have been working with Iwi regarding the MVMC wastewater compliance project. Once a solution is confirmed a resource consent application can be finalised.

Sportsgrounds

7.2.5   An increased expectation for longer seasons from sports codes sees high pressure on sportsgrounds and increased pressure on staff to balance usage levels, overlapping seasons and need for turf renovations.

International Cricket

7.2.6   On 20 December 2023 the Black Caps played Bangladesh in a one Day International match at Saxton Field. Widespread positive feedback was received about the venue and the event.

Pools

7.2.7   A Request for Proposals (RFP) is currently advertised, inviting qualified suppliers to submit a proposal for Aquatic Facilities asset management and strategic planning services. This will inform a strategy for the next 20-30 years on how existing facilities can be maintained.

Rubbish Bins

7.2.8   There has been increased pressure on litter bins on parks and reserves, in large part due to the increased dumping of household rubbish. Staff are taking a strategic approach to rationalise bins where appropriate, which will see bins gradually removed from some locations. Staff are developing an educational campaign targeted at supporting behavioural change within the community to deter dumping and encourage a ‘pack in, pack out’ approach in parks and reserves.

Tāhunanui Contaminated Site Remediation

7.2.9   Staff and contractors continued to manage and protect the exposed sawdust face, while investigating remediation options for the contaminated sawdust and sand at Tāhunanui Beach. 

7.2.10 Staff have been working with Ministry for the Environment (MfE) to maximise funding opportunities from the Contaminated Sites Remediation Fund.

Tirohanga Whānui Park

7.2.11 Council opened Tirohanga Whānui Park in Bayview. The name was offered by the Ngāti Koata Kaumātua Committee and translates to "majestic views", which also serves as a metaphor for the visionary aspirations of youth and a call to look beyond one's immediate horizons.

Eureka Park Gates

7.2.12 The new gates at Eureka Park were formally opened. The gates were gifted by the Nelson Eureka Sister City Association.

Maitai Hub Bridge

7.2.13 Work continued on constructing a new bridge at the Waahi Taakaro Golf Course. Two bridges were washed out during the August 2022 storm and the new bridge has been engineered to make it less vulnerable to future flooding events while also enabling access for small vehicles to cross without polluting the river.

Koata Whenua Recreation Access

7.2.14 Discussions with Ngāti Koata continue, with a view to reaching a long-term access agreement by the end of June 2024, to tie in with the proposed Long Term Plan approach.

Guppy Park Community Facility

7.2.15 Through the LTP 2021-31, Council included funding to support a reconfiguration of the Guppy Park changing facilities. Officers have been working closely with Football Club Nelson, which is leading this development. It is now likely that the Club’s preferred option will be a new stand-alone community facility.

Grampians - Brook Access Trails

7.2.16 Work continues towards developing new access into the Grampians from the Brook, capitalising on new land purchased in 2020/21. New trails will access the reserve from Hinau Street and Sowman Street and connect with the remaining network. Timing of opening for these new trails is uncertain but it is hoped to be during this calendar year.

Montgomery Toilet Upgrade

7.2.17 Work was scheduled to start in July 2023 with 50% of funding coming from the MBIE TIF. Due to escalating costs, lack of detail around the scope of works and a marginal contingency for a project that had a number of potential unknown costs, a decision was made to pause the project until a more thorough condition assessment is completed, and an agreed scope of works is approved.

Freedom Camping Bylaw Review

7.2.18 A Council workshop held in August 2023 outlined the existing Bylaw, changes to the Freedom Camping Act and stakeholder consultation. Staff are reviewing guidance from MBIE and the Plumbers, Gasfitters and Drainlayers Board to understand the scope of vehicles which may be deemed acceptable under the new Act before scheduling another workshop. Council has until June 2025 to adopt the new Bylaw.

7.3      Libraries

7.3.1   Earthquake strengthening works continued on the Elma Turner Library roof and ceiling. The space available for the public was expanded in July 2023 to include the main entrance and another large section of the library floorspace.

7.3.2   Hosting events and programmes was compromised due to building work in the Elma Turner Library.  However, despite this the libraries hosted 233 events across all three branches and at external locations, including local primary schools, rest homes, and Age Concern.

7.3.3   Several partnerships were developed, which have resulted in new community-led programmes: The Korero te reo Māori group meets fortnightly in the Elma Turner Library and is led by NMIT students who wanted a chance to practice the language in an informal setting. We partnered with St. Johns Therapy Pets to set up regular visits from trained dogs at Elma Turner and Stoke Libraries. Our involvement with the Shared Communities Project has led to stronger connections to Nelson’s diverse cultures.

7.3.4   Our summer of children’s events kicked off with the Elves Workshop, which attracted over 100 people to the Elma Turner Library. Another highlight was our annual outreach visit to Victory Primary School; in partnership with Victory Community Centre and Victory Primary School, we delivered a day of puppet shows, craft and book-themed dress up to the entire school.

7.3.5   In October, we worked with the Electoral Commission to make a space in the Elma Turner Library available as a voting location for the general elections, with positive feedback from both the public and Electoral staff.

7.4      Marina Management CCO

7.4.1   Safety and security enhancements have been the key focus in the Marina’s capital improvements programme.  Enhancements included applying new non-slip surfaces to all jetties and runways and installing a comprehensive CCTV system with coverage across the entire Marina.

7.4.2   An external audit as part of a commitment to the New Zealand Clean Marina Program was completed, with results reaffirming our dedication to environmental sustainability and best practice in Marina management.

7.5      Community CCOs and COs

7.5.1   In July, staff began work with the Tasman Bays Heritage Trust, Suter Art Gallery Te Aratoi o Whakatū, and Nelson Centre of Musical Arts to help them to report Greenhouse Gas measures, set targets and develop reduction plans to address environmental and climate change concerns.

Suter Art Gallery Te Aratoi O Whakatū Trust

7.5.2   Long standing Trustee and Chair, Craig Potton retired from the Trust in October and was replaced by Trustee Steve Green as Chair. Nic Foster joined the Trust in October, replacing Craig.

7.5.3   In this period, visitor numbers were tracking at 58,930, well over the targeted 50,000; 15 exhibitions had been displayed, 10 of which were new; and customer satisfaction survey ratings were at 92.3%.

Tasman Bays Heritage Trust

7.5.4   Brendon Silcock resigned from the Trust in this period.

7.5.5   Significant progress has been made in this period on the planned Archives, Research and Collections facility (ARC), which has led the Trust to revalue the project at a cost of $14.9 million, up from $12.4 million as estimated in 2018. In November, the Trust received a grant of $300,000 from the Lotteries Environment and Heritage Fund towards the project.

7.5.6   In this period the museum received 26,000 visitors, with December seeing 700 international visitors through the doors, the highest number in one month since 2019.

The Nelson Festivals Trust

7.5.7   The 29th Nelson Arts Festival was held in October, delivering 11 days of activity, including 53 events and involving more than 1,100 artists. A highlight for the festival was the return of the Mask Carnivale.

7.5.8   Following the conclusion of the festival, the Nelson Festivals Trust began work on a strategy refresh, and programming for 2024 when the event will be celebrating its 30th anniversary.

8.       Future Focus

8.1      Community Partnerships

Community

8.1.1   A vulnerable housing gaps analysis is being commissioned to understand the gaps and opportunities that exist. This report will be delivered to the Housing Acceleration Taskforce and will be the basis for work currently planned in the draft LTP.

8.1.2   Council has planned a multi-cultural football tournament in early March with 16 teams representing Nelson’s diverse community.  Football is a social equaliser for many cultures and it is anticipated that this event will help people to connect across cultures within our community.

Tuku 24

8.1.3   Tuku 24 festival will run from 24 March to 4 May, featuring over 100 community events - the highest number of events yet. Tuku is a true community-owned festival with 90% of events run by groups and individuals within the Nelson community.

Events

8.1.4   Council’s events team, Ngati Koata, Whakatu Marae and Founders Heritage Park are partnering to plan a revitalised Waitangi Day event in 2024.

8.1.5   Te Tauihu o Te Waka a Māui will host Ngā Kapa Haka Kura Tuarua, the national competition for secondary school students in 2024. Ngā Kapa Haka Kura Tuarua will take place at the Trafalgar Centre from Monday 24 June to Friday 28 June.

8.1.6   Matariki Festival, Te Huihui-o-Matariki 2024 will take place at the Trafalgar Centre and Rutherford Park on Friday 28 June.

8.2      Parks and Facilities

Open Space Operations and Maintenance Contract

8.2.1   With the current contract with Nelmac expiring at the end of June 2025, a new open spaces operations and management contract will be competitively tendered in mid-2024. The contract covers maintenance and operational services in a range of parks, reserves and facilities.

Front Country Ungulate Cull

8.2.2   The annual front country ungulate cull is planned for May 2024. The cull is now in its fourth year and takes place in Atmore, Tantragee, Brook Conservation and Marsden Valley Reserves, as well as on neighbouring Ngāti Koata whenua.

Community Planting Events 2024

8.2.3   Planting events planned for the winter and spring of 2024 are:

·        Tāhunanui Foreshore (8 June). Annual community-wide planting, gradually replanting the dunes system.

·        Whenua Planting, Centre of New Zealand (early July). Midwifery Association supported event. For the past 14 years, this area has become a special place for many families. It also serves as a tribute to Lyndell Rown-Gabay, a passionate midwife who always respected the Whenua / placenta.

·        Global Forest (September). Annual event to celebrate last 12 months of new citizens living in Nelson. Global Forest site in the Maitai Valley is gradually being planted by this group (around 400 plants/year).

Maitai River Recreational Facilities

8.2.4   Work on reinstating the pump track at the Maitai Hub is scheduled to commence at the end of March 2024. The original pump track was destroyed by flooding in August 2022. 

8.2.5   Work to widen the Maitai shared path section beside Sunday Hole was delayed following the August 2022 weather event and is now scheduled to commence at the end of March 2024.

Sports Lighting Improvements

8.2.6   Investigations are currently underway into lighting improvements at Neale Park.

Saxton Field Alcohol Advertising

8.2.7   A workshop is to be held in March 2024 with the Saxton Field Committee to seek guidance on future alcohol advertising at International Cricket matches. A subsequent report will be presented to the Saxton Field Committee, with a recommendation to the Councils to follow. 

Tāhunanui Reserve Management Plan Review

8.2.8   A report seeking approval to draft a new reserve management plan, together with recommendations around classification, is expected to be brought to Council in the first half of 2024.

8.3      Libraries

8.3.1   The Elma Turner Library reopened fully to the public in January, marking the end of 19 months of disruption during strengthening work and repairs.

8.3.2   Stoke Library roof works: Stage 1, Skylight Replacement is scheduled for March/April 2024 and will involve scaffolding inside the building as well as external roof works.

8.3.3   Libraries will encourage creativity through taking steps towards creating a makerspace at the Elma Turner Library, where the community can access non-traditional library items such as hobby bags, sewing machines, virtual reality headsets, e-reader devices, board games and puzzles.

8.3.4   We plan to go live on a new web platform, providing a fresh modern look to the Nelson Public Libraries website.

8.4      Marina Management CCO

Community Engagement

8.4.1   Council will consult through the LTP to establish an asset-owning CCO. If the proposal is accepted, the transfer of assets, liabilities, staff, policies and processes will occur in the 2024/25 financial year.

Infrastructure Development

8.4.2   We are constructing a public promenade that connects the City's walk and cycle path to the visitor jetty and the Marina office. This project is funded through the TIF and is time-sensitive to meet funding criteria.

Boat Yard Enhancement

8.4.3   We are enhancing and expanding the boat yard's capabilities. This includes acquiring a new straddle lift machine, designing, and constructing a dedicated runway for the straddle lift, and establishing a modern boat cleaning facility to meet the growing needs of our Marina users.

Strategic Planning

8.4.4   We are preparing business cases to enable implementation of the approved Masterplan to guide the Marina's future development.

Land Acquisition

8.4.5   We are working with Council towards the purchase of property to support the development of a new Sea Sports Facility, to be part funded by the Marina CCO.

8.5      Community CCOs and COs

Tasman Bays Heritage Trust

8.5.1   Following the resignation of Brendon Silcock and Chair Stephen Broad Paul, the Trust will be recruiting two new trustees.

Nelson Festivals Trust (Nelson Arts Festival)

8.5.2   A contract extension will be agreed for the period up to June 30, 2024.

8.5.3   The Nelson Festivals Trust will present its new strategy to Council in May. The outcomes of the strategy will inform a new grant agreement for the delivery of the Nelson Arts Festival, which will cover three years, aligning with Council’s new Long-Term Plan.  

Nelson Centre of Musical Arts (NCMA)

8.5.4   The Adam New Zealand International Chamber Music Festival takes place in February, attracting top international musicians to Nelson. The 10-day long event is the music school’s biggest event and is estimated to inject $6 million into the Nelson economy.

9.       Risks and Challenges

9.1.1   Workload and staffing remain a challenge and a risk across all areas of the Community Services Group. Budgeting constraints also add risk to the delivery of services, noting that these risks are being carefully managed by staff.

9.2      Community Partnerships

9.2.1   Nelson community groups are facing funding challenges with reducing government funding alongside increasing community need. Several community organisations are in difficulty, and it is likely this will increase over the coming year. Staff have provided advice to organisations in difficulty.

9.3      Parks and Facilities

9.3.1   Delays in the anticipated timeline of leasing the BVHP and MVMC mean that no budget is currently allocated towards the management of the camps, yet it is highly unlikely that the MVMC will be leased before the end of June 2024. It is anticipated that a report requesting unbudgeted expenditure will come to Council in the coming months.

9.3.2   Water tightness issues at Trafalgar Park Pavilion are likely to result in unbudgeted costs to Council.  Staff are investigating the scale of the issue and will provide a report to Council in the coming months.

9.3.3   The cost to remediate the contaminated sawdust site at Tāhunanui Beach is currently unfunded.  Staff feel positive that collaboration between Council and MfE over recent months stands the project in good stead for receiving significant central government funding support.

9.3.4   The issue of alcohol advertising at Saxton Field remains unresolved.  Until this matter is resolved, the future of international cricket (and potentially other users) at Saxton Field remains uncertain.  Staff and the Saxton Field Committee are working diligently to assist both Councils to make a decision that provides certainty for users and our wider regional community.

9.4      Libraries

9.4.1   Managing disruption to customers, staff, and library services during the March/April Stoke Library roof works.

9.4.2   The closure of the Elma Turner Library in stages from June 2022 to January 2024 has discouraged the community from using the space – our focus is to bring them in again following the full reopening in January 2024.

9.5      Marina Management CCO

9.5.1   The move to an asset owning CCO (if approved) will require meticulous planning and execution, with particular attention given to managing the human resources aspect.

9.6      Community CCOs and COs

9.6.1   Rising operational costs continue to put pressure on Council supported organisations. Limited funding opportunities and stretched resources mean this challenging period is predicted to continue for the foreseeable future. 

Tasman Bays Heritage Trust

9.6.2   Fundraising for the ARC continues to be a focus for the Trust. Without further significant funding being committed, the Trust will look to pause any future work on the project, which could lead to a delay in its completion. 

10.     Strategic Direction and Focus

10.1    A Strategic Business Case for a new Regional Cemetery for Nelson and Tasman will be presented to the Councils before the end of the financial year. 

10.2           Work forming the Te Tauihu Community Development Agency (previously the Regional Community Development Agency) continues to gather momentum. Council is partnering with community agencies, Iwi, Tasman District Council, Marlborough District Council and Central Government agencies towards a launch in July 2024.

10.3           The Founders Heritage Park team is responsive to opportunities for stronger partnerships with community organisations where they have the potential to enhance the Park’s value to our community.  An example is current engagement with the Professional Theatre Company, which has the potential to increase the number and diversity of events at the Park significantly.

10.4           Founders Heritage Park staff are having informal discussions with Whakatū Marae to better understand the opportunity and potential for stronger partnership and potential future reframing of the Park’s offer, including the possible renaming of the Park.

10.5    Council has committed to negotiating a strategic agreement with Ngati Koata to enable long term recreational access to Ngati Koata land.  It is hoped that an agreement will be able to be reached in time for the new LTP, ensuring continuing recreational access to Ngati Koata land.

10.6    Procurement for a new Open Spaces and Maintenance Contract provides an opportunity for step change strategic and operational advancement in how parks and open spaces are provided for our community. Work to develop an outcome focused procurement plan and contract specifications is well underway.

10.7    Reactivating the Elma Turner Library post-closure, encouraging the community to come in and enjoy having access to full collections and space again.

10.8    The programme to revitalise the Nelson Marina, which started in 2021 with the decision to bring Marina management inhouse and the decision in 2022 to establish a management CCO for the Marina is set to continue.  The Marina Masterplan provides a solid strategic platform for the proposed new Marina CCO to further grow and develop the Marina offer for our community over the next 10 years, including enhanced community access and amenity improvements.

 

Attachments

Attachment 1:   200344844-474 Community Services Performance Measures  

 


Item 13: Community Services Six Monthly Report - July 1 to Dec 31, 2023: Attachment 1