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 2 May 2024, commencing at 9.00a.m.

 

Present:              His Worship the Mayor N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, R O'Neill-Stevens (Deputy Mayor), K Paki Paki, P Rainey, C Rollo, R Sanson, T Skinner and A Stallard

In Attendance:    Chief Executive (N Philpott), Acting Group Manager Infrastructure (D Light), 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 Assistant Governance Adviser (M Taylor)

Apologies :          Nil

 

Karakia and Mihi Timatanga

1.       Apologies

There were no apologies.

2.       Confirmation of Order of Business

There was no change to the order of business.

 

3.       Interests

There were no updates to the Interests Register.

Councillor Rainey declared an interest in Item 9: Mayor’s Report - Clause 2 of the recommendation - which was taken in parts, and took no part in the discussion or decision-making.

4.       Public Forum

4.1.     Richard Kempthorne and Yifat Goddard - Current Safety of the Nelson Tasman Jewish Community.

           Document number R28509

Attendance: Councillors Stallard and Paki Paki left the meeting at 9.06a.m.

Richard Kempthorne, Yifat Goddard and Boaz Gabay spoke about Jewish people who live in Nelson Tasman and that they do not feel safe as a result of recent protests and expressions of hostility and tabled speaking notes (1982984479-7487).

Attachments

1    1982984479-7487 Richard Kempthorne and Yiffat Goddard Speaking Notes

4.2.     Youth Nelson - To thank NCC for their support and provide an update.

Document number R28464

Attendance: Councillors Stallard and Paki Paki returned to the meeting at 9.17a.m.

Manager Youth Nelson, Sharon Lukitau-Ngaamo, spoke to a presentation (tabled 1982984479-7473) thanking Nelson City Council for support and provided an update on their progress and programme.

His Worship the Mayor/Anderson

Attachments

1    1982984479-7473  Youth Nelson PowerPoint

4.3.     Whenua Iti Outdoors - Potential Partnership between NCC and TDC.

Document number R28533

Resolved

CEO from Whenua Iti Outdoors, Mark Bruce-Miller, spoke to a presentation (tabled 1982984479-7474) about a potential partnership between Nelson City Council and Tasman District Council related to youth recreation and NEET (not in employment, education or training).

Attachments

1    1982984479-7474 Whenua Iti Outdoors PowerPoint

 

 

 

4.4.     Deputation - Gail Collingwood and Helen Tyson - The GCNZ Award Received.

Document number R28529

Chair of the Sister City Coordinating Group, Gail Collingwood, and Helen Tyson from Miyazu-Nelson Association, spoke about the runner up award for Best Project Local Government that Nelson City Council received at the recent Global Cities New Zealand Conference and shared a video on the work at Miyazu Gardens (https://youtu.be/34pA2SL6odQ)

Contract Supervisor Parks, Peter Grundy, received the award on behalf of Council.

 

The meeting adjourned from 9.59a.m. until 10.08a.m.

5.       Confirmation of Minutes

5.1      4 April 2024

Document number M20513, agenda pages 10 - 20 refer.

Resolved CL/2024/069

 

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 4 April 2024, as a true and correct record.

Courtney/Paki Paki                                                                        Carried

5.2      11 April 2024

Document number M20524, agenda pages 21 - 24 refer.

Resolved CL/2024/070

 

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 11 April 2024, as a true and correct record.

Courtney/Paki Paki                                                                        Carried

 

6.       Nelson Regional Development Agency - Half yearly report and Statement of Intent 2024-2027

Document number R28436, agenda pages 26 - 77 refer.

Chair, Sarah-Jane Weir and Chief Executive, Fiona Wilson of Nelson Regional Development Agency spoke to a presentation (tabled 1982984479-7476) and answered questions on industry growth and the cost of monitoring and recording emissions targets.

Resolved CL/2024/071

 

That the Council

1.    Receives the report Nelson Regional Development Agency - Half yearly report and Statement of Intent 2024-2027 (R28436) and its attachments (839498445-18375 and 839498445-18283); and

2.    Notes the delivery of the Nelson Regional Development Agency’s Statement of Intent 2024-2027 (839498445-18375) as required under the Local Government Act 2002; and

3.    Notes that the Nelson Regional Development Agency’s Statement of Intent meets Council’s expectations, as set out in its Letter of Expectations to the Agency dated 15 February 2024; and

4.    Receives the Nelson Regional Development Agency’s half yearly report July – December 2023 (839498445-18283).

Skinner/Brand                                                                              Carried

 

Attachments

1    1982984479-7476 Nelson Regional Development Agency PowerPoint

 

7.       Draft Statement of Intent 2024/25 - Nelson Marina (Agenda Item 8)

Document number R28300, agenda pages 78 - 109 refer.

Strategic Adviser Community Services, Martin Croft, Chair of Nelson Marina Paul Steere, and Manager Nelson Marina, Nigel Skeggs took the report as read.

Mr Skeggs answered questions on progress for the new lift, noting the option to use a battery model would impact on timing but the lift should be operational in 9-10 months.

Resolved CL/2024/072

 

That the Council

1.    Receives the report Draft Statement of Intent 2024/25 - Nelson Marina (R28300) and its attachment (1511110536-1028); and

2.    Notes the delivery of the Draft Nelson Marina Statement of Intent 2024/2025 as required under the Local Government Act 2002; and

3.    Notes the Nelson Marina Draft Statement of Intent meets Council’s expectations dated 16 February 2024.

Courtney/Rollo                                                                              Carried

8        Recommendation from Committees (Agenda Item 7)

7.1           Joint Nelson Tasman Regional Transport Committee – 17 April 2024

Manager Transport, Marg Parfitt, spoke to the recommendation and provided background on how the unbudgeted overspend had occurred, noting it had been very challenging to set up and manage a complicated joint contract funded across two unitary authorities and other funders (NZTA and Climate Emergency Response Fund). Cost escalations, route variations and high inflation contributed to the overspend.  She advised a cost scope adjustment had been submitted to NZTA for consideration but they would only consider this once there was confirmation both Councils had supported their local share. 

The Item was adjourned to allow for Ms Parfitt to provide the reconciliation of the unbudgeted funding requested for the current year and where each council’s share lay.  

9.       Mayor's Report

Document number R28508, agenda pages 110 - 123 refer.

His Worship the Mayor Hon Dr Smith took his report as read and advised he would take the recommendation in parts.

The meeting adjourned from 11.18a.m. until 11.28a.m.

Councillor Rainey declared an interest in the Opera in the Park section (Recommendation Clause 2) of the Mayor’s Report, he left the meeting at 11.28a.m. and returned at 11.31a.m.

Resolved CL/2024/073

2.    Approves bringing forward the Opera in the Park event from February 2026 to February 2025; and

Resolved CL/2024/074

Skinner/Paki Paki                                                                          Carried

3.    Agrees to allocate $20,000 of unbudgeted expenditure to fund a vulnerable housing assessment, commencing in the 2023/24 financial year; and

Sanson/Skinner                                                                            Carried

Resolved CL/2024/075

4.    Approves the establishment of a City Revitalisation Taskforce with the following membership:

•     Deputy Mayor Rohan O'Neill-Stevens (Chair)

•     Councillor Kahu Paki Paki (Deputy Chair)

•     Councillors Trudie Brand, Pete Rainey, Aaron Stallard and Rachel Sanson with Mayor Nick Smith (ex officio); and

5.    Approves the Terms of Reference for the City Revitalisation Taskforce (1118544611-7728) amended to include:

·         To provide governance oversight to the development of the new Millers Acre Bus Interchange; and

His Worship the Mayor/Stallard                                                      Carried

Resolved CL/2024/076

6.    Approves the establishment of a Waterfront Redevelopment Taskforce with the following membership:

•     Councillor Mel Courtney (Chair)

•     Councillors Pete Rainey, Campbell Rollo and Tim Skinner with Mayor Nick Smith (ex officio) and a Port Nelson representative; and

7.    Approves the Terms of Reference for the Waterfront Redevelopment Taskforce (1118544611-7729); and

Courtney/Sanson                                                                          Carried

Resolved CL/2024/077

8.    Notes the proposed establishment of a community led What If Whakatū-Nelson Taskforce with Councillors Matty Anderson and Matthew Benge to be offered as Council representatives on this taskforce; and

His Worship the Mayor/Benge                                                        Carried

Resolved CL/2024/078

9.    Agrees to dissolve the Elma Turner Library Reopening Taskforce; and

His Worship the Mayor/Paki Paki                                                    Carried

Resolved CL/2024/079

10.  Agrees to appoint Councillor James Hodgson as the Atawhai Liaison Councillor.

His Worship the Mayor/Courtney                                                   Carried

Resolved CL/2024/080

1.    Receives the report Mayor's Report (R28508) and its attachments (1118544611-7717, 1118544611-7728 and 1118544611-7729).

His Worship the Mayor/Sanson                                                      Carried

 

10.     Change to delegations for Joint Nelson Tasman Regional Transport Committee and Joint Committee of Tasman District and Nelson City

Document number R28520, agenda pages 124 - 135 refer.

Acting Group Manager Infrastructure, David Light and Contractor Transport Activity Management, Rhys Palmer took the report as read.

Resolved CL/2024/081

 

That the Council

1.    Receives the report Change to delegations for Joint Nelson Tasman Regional Transport Committee and Joint Committee of Tasman District and Nelson City (R28520) and its attachments (1974015928-493 and 1982984479-5241); and

2.    Approves, subject to the same approval by Tasman District Council,

a.     the revised terms of reference for the Joint Committee of Tasman District and Nelson City contained in attachment 1974015928-493; and

b.    the revised terms of reference for the Joint Nelson Tasman Regional Transport Committee contained in attachment 1982984479-5241.

O'Neill-Stevens/Skinner                                                                Carried

11.     Elected Members Reimbursement and Expenses Policy

Document number R28473, agenda pages 136 - 161 refer.

Manager Governance and Support Services, Devorah Nìcuarta-Smith took the report as read.

Resolved CL/2024/082

 

That the Council

1.    Receives the report Elected Members Reimbursement and Expenses Policy  (R28473) and its attachments (1699391982-660 and 1699391982-660); and

2.    Approves the Elected Members Reimbursement and Expenses Policy (1699391982-660); and

3.    Notes that the updated policy will be made available on Council’s website.

Sanson/Courtney                                                                          Carried

 

The meeting adjourned at 12.27p.m. and reconvened at  2.13p.m. at which time it considered reconvened Item 7 of the Agenda.

12      Recommendation from Committees (reconvened Agenda Item 7)

Manager Transport, Marg Parfitt tabled the breakdown of 2023/2024 unbudgeted expenditure as requested:

Description

Amount ($)

NCC $

TDC $

NZTA $

TOTAL

1,050,500

455,494

119,941

475,065

Adjustments

 Errors in initial budgeting

126,506

60,059

Total additional budget required

582,000

180,000

 

Resolved CL/2024/083

That the Council

1.        Approves retrospectively additional unbudgeted funding of $582,000 (being local share) to cover the Public Transport Financial shortfall for the 2023/2024 financial year following revised forecast and final costs to give effective to the successful roll-out to the new ebus public transport service. 

Sanson/Courtney                                                                             Carried

Councillors Brand and Skinner requested their vote against the motion to be recorded.

13.     Nelmac Limited half year report to 31 December 2023

Document number R28452, agenda pages 162 - 171 refer.

Group Manager Corporate Services, Nikki Harrison, Nelmac Chief Executive Officer, Jane Sheard and Chief Financial Officer, Lindsay Coll took the report as read and answered questions on the employment climate and staff retention.

Resolved CL/2024/084

 

That the Council

1.    Receives the report Nelmac Limited half year report to 31 December 2023 (R28452) and its attachment (1511110536-1012).

His Worship the Mayor/Brand                                                        Carried

 

14.     Exclusion of the Public

Jane Sheard and Lindsay Coll from Nelmac were in attendance for Item 4 and 5 of the Confidential agenda to answer questions and, accordingly, the following resolution is required to be passed:

Resolved CL/2024/085

 

That the Council

1.        Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Jane Sheard, Lindsay Coll and Hugh Martyn from Nelmac remain after the public has been excluded, for Item 4 and 5 of the Confidential agenda for Nelmac Limited Six Monthly Strategic Presentation and Nelmac Limited Draft Statement of Intent 2024/25, as they have knowledge relating to (the Six Monthly Strategic Presentation and Draft Statement of Intent 2024/25) that will assist the meeting.

Paki Paki/Hodgson                                                                        Carried

Resolved CL/2024/086

 

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:

Paki Paki/Hodgson                                                                        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 - 4 April 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)(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)

2

Housing Reserve Grant Application

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

Proposal to purchase land

This item was withdrawn by the Chief Executive.

 

 

4

Nelmac Limited Six Monthly Strategic Presentation

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

5

Nelmac Limited Draft Statement of Intent 2024/25

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)

6

Property Purchase - Central City

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)(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)

The meeting went into confidential session at 2.44pm and resumed in public session at 3.29p.m.

 

Karakia Whakamutanga

15.     Restatements

 

It was resolved while the public was excluded:

 

1

Housing Reserve Grant Application

 

4.     Agrees that Report R28428, attachment (336940202-11216), and the decision be made publicly available following completion of negotiations.

 

4

Nelmac Limited Draft Statement of Intent 2024/25

 

4.     Agrees that the Report (R28439), decision and attachments (1511110536-960 and 1511110536-1042) remain confidential at this time.

 

5

Property Purchase - Central City

 

3.     Agrees that Report (R28215) and decision remain confidential at this time.

 

There being no further business the meeting ended at 3.29p.m.

 

Confirmed as a correct record of proceedings by resolution on 6 June 2024

 

Resolved

That the Council

1.    Confirms the minutes of the meeting of the Council, held on 2 May 2024, as a true and correct record.