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Notice of the Ordinary meeting of

Nelson City Council

Te Kaunihera o Whakatū

 

Date:                      Thursday 6 June 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

6 June 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      Te Tau Ihu Palestinian Solidarity - The importance of the Pro-Palestinian Group as part of multi-cultural Nelson/Tasman

Sarai Ferguson, Rajai Shram, Scotty Gruher and Rosie Jones, from the Te Tau Ihu Palestinian Solidarity Group, will speak about concerns they have about the safety of Palestinians, Muslims, and their supporters living in Nelson.

 

5.       Confirmation of Minutes

5.1      2 May 2024                                                                                10 - 21

Document number M20540

Recommendation

That the Council

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

 

6.       Recommendations from Committees                                   

6.1     Nelson Regional Sewerage Business Unit - 3 May 2024

6.1.1   Designation of NRSBU Facilities

Recommendation to Council

 

That the Nelson City Council and the Tasman District Council Operations Committee

1.    Receives the report Designation of Nelson Regional Sewerage Business Unit Facilities (R28496); and

2.    Endorses the Nelson Regional Sewerage Business Unit to issue Notifications of Requirement for designation of its facilities under sections 168 and 168A of the Resource Management Act 1991; and

3.    Delegates authority for the signing of the Form 18 applications for Notification of Requirement as required under the Resource Management Act 1991 to the General Manager - Regional Services.

 

6.2     Audit Risk and Finance Committee – 05 June 2024

 

          6.2.1     Internal Audit Plan

 

That the Council

1.    Approves the Internal Audit Plan 2024-2025.

 

7.       Mayor's Report                                                          22 - 33

Document number R28590

Recommendation

That the Council

1.    Receives the Mayor's Report (R28590) and its attachment/s (1118544611-7753, 1118544611-7752 and 118544611-7755); and

2.    Appoints Councillor Aaron Stallard as the Nelson City Council representative on the Tasman Environmental Trust; and

3.    Approves leave in October for His Worship the Mayor Hon Dr Smith to visit Nelson City Council’s Sister Cities in China; and

4.    Notes that His Worship the Mayor Hon Dr Smith has been appointed Chair of the Local Government New Zealand Electoral Reform Working Group; and

5.    Approves retrospectively Council’s preliminary submission on the Local Government (Electoral Legislation and Māori Wards and Constituencies) Amendment Bill.  

 

 

8.       Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies      34 - 44

Document number R28583

Recommendation

That the Council

1.    Receives the report Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies (R28583) and its attachment (1862260321-68869); and

2.    Approves the  submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies (1862260321-68869), including feedback; and

3.    Delegates authority to approve minor changes to the Acting Group Manager Infrastructure.

 

 


 

9.       Activities in Public Places Consultation                     45 - 116

Document number R28593

Recommendation

That the Council

1.    Receives the report Activities in Public Places Consultation and its attachments (839498445-18502) (839498445-18481, 839498445-18492 and 839498445-18493); and

2.    Approves the proposal to carry out one special consultation process for the proposed Commercial Occupation Policy, the proposed Licence Fee Schedule and the proposed amendments to the Urban Environments Bylaw; and

3.    Determines that the special consultative procedure is required for the proposed amendments to the Urban Environments Bylaw because they will be of significant interest to the public and likely to have a significant impact on the public; and

4.    Determines that a special consultative procedure is not required for the proposed Commercial Occupation Policy and proposed fees for commercial occupation licences but will be used, with necessary modifications to meet the consultation requirements for prescribing fees; and

5.    Approves a remission rebate for commercial occupation licences under a new policy of $25.00 per square metre from when the new policy comes into effect until 30 June 2025 to acknowledge the difficult economic environment the hospitality and retails sectors are working in; and

6.    Determines that a bylaw is the most appropriate way of addressing the perceived problems in the city centres; and

7.    Agrees to, in relation to clause 5.18 and 5.19 of the Urban Environments Bylaw (sandwich boards), either:

·    Consult on a proposed amendment to remove clauses 5.18 and 5.19; or

·    Consult on a proposed amendment to the bylaw to prohibit sandwich boards except to the extent allowed under the Nelson Resource Management Plan; or

·    Not propose any amendment for consultation at this time; and

8.    Determines that the proposed amendments to the Urban Environments Bylaw are the most appropriate form of the amendments to the Bylaw; and

9.    Determines that the proposed amendments to the Urban Environments Bylaw give rise to implications under the New Zealand Bill of Rights Act 1990 and that the proposed amendments to the Urban Environments Bylaw are not inconsistent with the New Zealand Bill of Rights Act 1990; and

10.  Approves the commencement of a special consultative procedure on the proposed Commercial Occupation Policy in Attachment 2 (839498445-18481), the proposed Licence Fee Schedule in Attachment 3 (839498445-18492) and the proposed amendments to the Urban Environments Bylaw in Attachment 4 (839498445-18493), to run from 10 June to 10 July 2024; and

11.  Agrees a summary of the Statement of Proposal is not necessary to enable public understanding of the proposal; and

12.  Adopts the Statement of Proposal called ‘Activities in Public Places Consultation Document’ in Attachment 1 (839498445-18502) for use in this special consultative procedure, as amended to reflect the decision made in recommendation 7; and

13.  Delegates the hearing and deliberations process to a panel of the following elected members:

a.     xxx

b.    xxx; and

14.  Approves the consultation approach set out in section 6.5 of the Report and agrees:

a.     The approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b.    The approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

   

Confidential Business

10.     Exclusion of the Public

Recommendation

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      Katrina Bach, Acting General Manager, Cam Polglase, Housing Project Manager and Quantity Surveyor from Habitat for Humanity and Peter Marmant and Ben Mackie, Architects from DesignBase remain after the public has been excluded, for Item 2 of the Confidential agenda they have knowledge relating to Housing Reserve Grant requests that will assist the meeting.

 

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 - 2 May 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)(h)

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

·    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

2

Housing Reserve Grant Applications

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

Expressions of Interest in surplus Council Property in the City Centre

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

4

Change to Approved Road Stopping Process

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)

 

Recommendations from Committees

 

 

6

Audit, Risk and Finance Committee - 5 June 2024

Insurance Optimisation

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

 

 

Karakia Whakamutanga

 

   

 


Nelson City Council Minutes - 23 May 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 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)

1.1      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 (date)

 

Resolved

 


 

Item 7: Mayor's Report

 

 

Council

6 June 2024

 

Report Title:             Mayor's Report

Report Author:         Hon Dr Nick Smith - Mayor

Report Authoriser:  

Report Number:       R28590

 

 

1.       Purpose of Report

1.1      To appoint a Nelson City Council representative on the Tasman Environmental Trust.

1.2      To seek leave to visit Nelson City Council’s Sister Cities in China.

1.3      To note my appointment as Chair of the Local Government New Zealand Electoral Reform Working Group.

1.4      To approve retrospectively Council’s preliminary submission on the Local Government (Electoral Legislation and Māori Wards and Constituencies) Amendment Bill.

2.       Recommendation

 

That the Council

1.    Receives the Mayor's Report (R28590) and its attachment/s (1118544611-7753, 1118544611-7752 and 118544611-7755); and

2.    Appoints Councillor Aaron Stallard as the Nelson City Council representative on the Tasman Environmental Trust; and

3.    Approves leave in October for His Worship the Mayor Hon Dr Smith to visit Nelson City Council’s Sister Cities in China; and

4.    Notes that His Worship the Mayor Hon Dr Smith has been appointed Chair of the Local Government New Zealand Electoral Reform Working Group; and

5.    Approves retrospectively Council’s preliminary submission on the Local Government (Electoral Legislation and Māori Wards and Constituencies) Amendment Bill.  

 

3.       Discussion

Tasman Environmental Trust representation

3.1      I have had a close association with Tasman Environmental Trust (TET) since it was established in 2000 in my former roles as MP for Nelson, Minister of Conservation and Minister for the Environment. TET has been a tremendous success, supporting dozens of projects across the region, helping to create and maintain diverse ecosystems.

3.2      The Trust’s activities in its early years focused primarily on areas in Tasman District but it has more recently been involved in initiatives in the Nelson area.

3.3      I met with TET early in my term as Mayor. We discussed whether there was an interest in the Trust revising its name, constitution and membership to become a Nelson-Tasman regional entity. I indicated my strong support as it is consistent with my wider strategic view of Nelson and Tasman doing more together. It makes particular sense in respect of conservation and natural habitat issues where Nelson and Tasman face the same challenges of biodiversity loss and invasive weeds and pests.

3.4      I was advised by TET Chair Gillian Bishop earlier this year that the Trust had formally changed its constitution to enable the organisation to provide support for community conservation groups and to develop environmental projects in the Nelson area on the same basis as within Tasman. The Trust is also reviewing its name and considering a change to reflect its wider Nelson-Tasman reach.

3.5      The strength of TET is in co-ordinating community conservation initiatives. Many local groups across the region struggle with the administrative roles of maintaining a trust or incorporated society structure, with audited accounts etc to enable successful applications to philanthropic and Government funding sources. TET is also able to assist with significant practical experience of delivering nature projects.

3.6      TET supports 26 community-led projects across the region as well as providing opportunities for volunteering, workshops, training and outreach to the wider public. In Nelson, TET supports projects at Kelly’s Conservation Forest, Wakapuaka Mouri and Kokorua Sandspit as well as the Core & Restore Blue Carbon project, the Battle for the Banded Rail and the Waimea Inlet Forum.

3.7      Tasman District Council contributes $40,000 of base funding for the Trust per year. Our Council decided during its deliberations for the Long Term Plan 2024-34 to make a contribution of $20,000 in Year 1, increasing to $40,000 annually in Years 2 to 10.

3.8      There was no obligation on Nelson City Council to contribute financially to TET with the change in its constitution, but our funding has been well received and builds a great foundation for our involvement. I am also hopeful that by Nelson City Council phasing up its contribution to an equal level with Tasman District Council, we might encourage TDC to lift its contribution to the Nelson Regional Development Agency to a more equitable level over time.

3.9      TET has also made provision for a Nelson City Council representative to join the board of trustees to contribute to the thinking, planning and delivery of the Trust’s outcomes in a positive and collaborative manner.

3.10    Councillor Aaron Stallard has a good understanding of biodiversity priorities in the Nelson area and expertise in climate change issues and I propose he be appointed to this new role as the Nelson City Council representative on Tasman Environmental Trust.

Visit to Nelson’s Sister Cities in China

3.11    Nelson City Council has Sister City relationships with two cities in China – Huangshi in Hubei (since 1995) and Yangjiang in Guangdong (since 2014). These relationships have fostered community, economic and student exchanges.

3.12    In the past few years, due to the Covid-19 pandemic, there has been little direct contact between Nelson and Huangshi and Yangjiang. The Nelson branch of the NZ China Friendship Society is working hard on reinvigorating these relationships. It successfully hosted the Chinese Ambassador and Consul General at the Society’s recent national conference here in Nelson. It has scheduled a trip to Huangshi and Yangjiang in October 2024 and an exchange of students in 2025.

3.13    I seek leave to join the delegation from 14 to 23 October 2024. The Nelson branch of the NZ China Friendship Society has requested that I lead the delegation, which it sees as important for rebuilding these links. There will be no cost to Council for my air travel to China but there will be some cost for accommodation, hospitality and gifts.

3.14    My participation in the delegation would support the volunteer work of the Nelson branch of the NZ China Friendship Society and its relationship with these Chinese cities. China is NZ’s largest trading partner, a huge source of tourists and a significant investor, but Nelson has a lesser share of these activities compared with other regions. We need to leverage these Sister City relationships to help grow our economic and cultural links and improve our understanding of China.

LGNZ Electoral Reform Working Group

3.15    Participation in Council elections has been in decline over the past three decades in New Zealand. Statistics from the Department of Internal Affairs reveal that voter turnout for city council elections across the country topped 50% twice only since 1989 with 52% in 1989 and 51% in 1998. For the past four elections, it was just 39% in 2013, 2019 and 2022, and 40% in 2016.

3.16    The turnout for Nelson City Council elections was higher over that same period, dipping below 50% just once – for the 2004 election. Since the 2007 election, the voter turnout for Nelson City Council has been between 51% and 53%.

3.17    Local Government New Zealand (LGNZ) has established an Electoral Reform Working Group to drive LGNZ’s advocacy work to strengthen local government’s democratic mandate, with a particular focus on increasing participation in local body elections. I have been appointed by LGNZ as the Chair of this working group for which the Terms of Reference are attached (see Attachment 2 1118544611-7752).

3.18    The decline in voter participation in local elections is a significant threat to the mandate of Mayors and Councillors to represent their communities. There is concern that postal voting is not a sustainable option for the future with postal services in decline. Many households no longer have a letterbox, and many younger people do all of their communications electronically. There are serious security concerns about the viability of e-voting. An urgent discussion is required around how local elections will be conducted in the future.

3.19    I welcome the opportunity to lead this work for LGNZ. I have a strong interest in local electoral law from my time as an MP and Minister of Local Government and as a member of the Justice Select Committee responsible for several triennial local electoral reviews. This work is going to be particularly challenging in the context of increased political polarisation locally and globally and the impacts of social media and disinformation. Reversing the decline in participation and resolving the problem of the future of postal voting is essential to secure the future of local government.

Council submission on Government Bill

3.20    The Government introduced the Local Government (Electoral Legislation and Māori Wards and Constituencies) Amendment Bill on Wednesday, 22 May 2024 and referred the Bill to the Justice Committee with submissions closing on Wednesday 29 May 2024. The Bill requires a local referendum on Māori wards and makes changes to postal voting.

3.21    I delegated the role of co-ordinating and signing the Council submission on the Bill to Deputy Mayor Rohan O'Neill-Stevens on the advice of the President of LGNZ, given my new role as Chair of the Electoral Reform Working Group. This avoids confusion between the roles. My LGNZ role will be working with a wide range of Mayors and Councillors across the country over the next year who hold different views on topics covered by the Bill. I do not wish to compromise this opportunity to make a positive contribution nationally on an important issue for local government and am quite satisfied that the submission from the Deputy Mayor and Chief Executive ensures Council’s position is well presented (see Attachment 3 118544611-7755).

3.22    This is a difficult issue where there is a clash of values between people who believe our voting system should not differentiate on ethnicity by having separate Māori wards and those who believe there is a Treaty obligation to make special provision for Māori representation. I want to take a respectful approach to these different views on electoral law in my role leading this discussion for LGNZ with an ambition of finding common ground and a pragmatic way forward.

3.23    Council lodged its preliminary submission by the deadline last Wednesday but reserved the right to make a supplementary submission. Council needs to retrospectively approve the preliminary submission at this meeting and make decisions on any supplementary submission via this Mayor’s Report, albeit I will be taking a neutral view and abstaining from voting for the reasons set out above.

Attachments

Attachment 1:   1118544611-7753 Tasman Environmental Trust correspondence on welcoming NCC representative on its board

Attachment 2:   1118544611-7752 LGNZ Electoral Reform Working Group Terms of Reference May 2024

Attachment 3:   118544611-7755 NCC submission on Local Government (Electoral Legislation and Māori Wards and Constituencies) Amendment Bill  

 


Item 7: Mayor's Report: Attachment 1





Item 7: Mayor's Report: Attachment 2




Item 7: Mayor's Report: Attachment 3




 

Item 8: Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies

 

Council

6 June 2024

 

Report Title:             Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies

Report Author:         Lyndon Hammond - Team Leader Transport Activity Management

Report Authoriser:   David Light - Acting Group Manager Infrastructure

Report Number:       R28583

 

 

1.       Purpose of Report

1.1      To approve the draft submission (appended as attachment 1) on New Zealand Transport Agency’s (NZTA’s) proposed changes to emergency works investment policies. 

2.       Summary

2.1      NZTA is seeking feedback on proposed changes to emergency works investment policies that could change eligibility and / or the level of funding assistance available for response and recovery from an emergency event.  Officers have reviewed the changes and identified several concerns with both the policies and the proposed implementation process.  The attached submission identifies these concerns, suggests further development work and a preferred implementation process.

3.       Recommendation

That the Council

1.    Receives the report Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies (R28583) and its attachment (1862260321-68869); and

2.    Approves the  submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies (1862260321-68869), including feedback; and

3.    Delegates authority to approve minor changes to the Acting Group Manager Infrastructure.

 

4.       Background

4.1      The National Land Transport Fund (NLTF) is applied at different funding assistance rates (FAR) to assist approved organisations to undertake emergency works in relation to sudden events that damage transport infrastructure.

4.2      In recent years, the scale and intensity of weather-related events have increased significantly.

4.3      The NZTA have undertaken a review of their existing policies because of uncertainty about the availability of the NLTF to cover all emergency events, and to support sustainability of funding assistance via the NLTF, local share and Crown funding sources for response, recovery and rebuild phases.

4.4      The proposed changes lift the trigger level for an event to qualify for an enhanced FAR (from the current 1 in 10-year event to a 1 in 20-year event) and reduces the level of enhanced FAR (from normal FAR +20% to normal FAR + 10%).

4.5      The proposed changes also clarify that the enhanced FAR is conditional on the Councils Activity Management Plan (AMP) having considered which parts of the network would be prioritised for restoration and what level of service they would be restored too (i.e. should it be at a lower level of service).

4.6      The consultation timeline is shown below.

Consultation opens

1 May 2024

Consultation closes

19 June 2024

Consultation feedback summary available

28 June 2024

Policy and process changes take effect

1 July 2024

NZTA Board decision on changes to emergency works FAR

During 2024/25

Any confirmed changes to emergency work FAR take effect

1 July 2025

5.       Discussion

5.1      Officers have reviewed the proposed changes to emergency works investment policies and have identified several concerns.

5.1.1   The events funded from this policy have a significant resource impact diverting people and funding from the delivery of the agreed programme and this will be further compounded by the changes suggested.

5.1.2   While we understand the desire to reduce the impact on the National Land Transport Programme (NLTP), the level of savings to the NLTP are far outweighed by the scale of these costs if they fall on the programmes of a small number of councils.

5.1.3   We have concerns that, even if we were to include additional proactive resilience works in our AMP, current funding constraints would mean those works would not be funded in the NLTP.  If an event were to occur these funds would need to be redirected.

5.1.4   Our AMP was updated to enable our programmes for the next three years to be submitted to meet NZTA timelines.  These proposed policy changes have come after that work and could require rework of our AMP before we were able to access emergency works funding.

5.1.5   Some of the policy changes, such as requiring the AMP to consider priorities for restoring levels of service, are significant and would benefit from national guidance and consistency.  We would prefer to address this as a part of our AMP programme of improvement rather than as a one-off in response to this policy change.

5.2      Essentially officers are supportive of moving to a more proactive approach to maintenance and resilience but consider a transition period is required to enable system and funding levels to change to support this.  Best practice would be to signal those changes now, assist in supporting the change across the sector and implement the change as a component of the next three-year Regional Land Transport Plan (RLTP) / NLTP development processes.

5.3      Our proposed approach is consistent with the Governments Draft Government Policy Statement on Land Transport 2024 (GPS 2024) call for a proactive approach to investment in maintaining and improving the resilience of the road network.  Te Ringa Maimoa Transport Excellence Partnership (formally the Road Efficiency Group) could assist as a component of their government directed focus areas of finding efficiency in road maintenance and standardising protocols and processes.

6.       Options

6.1      There are two options available. Officers support Option 1:

Option 1: Submit draft submission on NZTA’s proposed changes to emergency works investment policies. 

Advantages

·    Shows engagement with the NZTA and makes comment on the proposed changes.

·    Makes known Councils concern regarding potential implications (cost, time and rework) for Council.

·    Makes known Councils preferred option for NZTA to further develop the policy changes with the transport sector and align any implementation with the development of the next RLTP and NLTP. 

Risks and Disadvantages

·   None

Option 2: Do not submit draft submission on NZTA’s proposed changes to emergency works investment policies. 

Advantages

·    None

Risks and Disadvantages

·    Shows a lack of engagement with the NZTA and makes no comment on the proposed changes.

·    Council’s concern regarding potential implications (cost, time and rework) for Council will not be noted.

·    Council’s preferred option for NZTA to further develop the policy changes with the transport sector and align any implementation with the development of the next RLTP and NLTP will not be noted. 

7.       Conclusion

7.1      Given Officer concerns with the proposed policy changes providing our feedback provides an opportunity for NZTA to consider and potentially address those concerns.

8.       Next Steps

8.1      The submission will be updated to reflect Council feedback and submitted to the NZTA.

8.2      A copy will be provided to the Nelson Tasman Regional Transport Committee for their information.

Attachments

Attachment 1:   1862260321-68869 EW Draft Submission to NZTA 21 May 2024  

 

Important considerations for decision making

Fit with Purpose of Local Government

This report supports Council’s ability to influence transport investment policy that will impact on its ability to deliver services to the community and support the community’s social, economic, and environmental wellbeing.

Consistency with Community Outcomes and Council Policy

The recommendations in this report support the following Nelson City Council Community Outcomes – “Our unique environment is healthy and protected”; “Our infrastructure is efficient, cost effective and meets current and future needs”; “Our communities are healthy, safe, inclusive and resilient” and “Our region is supported by an innovative and sustainable economy”.

Risk

Not providing feedback on the NZTAs consultation on emergency works investment policies risks perception that Council is uninterested and / or that Councils is supportive of the proposed changes in their current form.

These proposals have potential to impact Councils ability to respond and recover from emergency events.

Financial impact

The contents of this report do not result in any direct financial impact.  However, the emergency works investment policies being commented on do have potential to impact the eligibility and level of financial assistance Council would receive from the National Land Transport Fund for its response to emergency events on its transport network. 

Degree of significance and level of engagement

This matter is of low significance because it reflects our involvement in a much wider external consultation process.

Climate Impact

      Future climate change impacts are a key component of this NZTA emergency works investment policy review as it is attempting to address the increase in scale and intensity of weather-related events in recent years - trend that is expected to continue.


 

Inclusion of Māori in the decision making process

 

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

Legal context

        Council’s decision must be made in accordance with Part 6 of the Local Government Act 2002. 

Delegations

The exercise of Council’s responsibilities, powers, functions, and duties in relation to governance matters, which includes;

•    Approving submissions to external bodies or organisations, and on legislation and regulatory proposals.

 

 


Item 8: Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies: Attachment 1







 

Item 9: Activities in Public Places Consultation

 

Council

6 June 2024

 

Report Title:             Activities in Public Places Consultation

Report Author:         Michelle Joubert - Strategic Adviser

Report Authoriser:   Mandy Bishop - Group Manager Environmental Management

Report Number:       R28593

 

 

1.       Purpose of Report

1.1      To approve public consultation on three proposals related to activities in public places:

1.1.1     a proposed Commercial Occupation Policy (footpath and car park dining, street stalls and markets); and

1.1.2     a proposed Licence Fees Schedule for commercial occupation (footpath and car park dining, street stalls and markets); and

1.1.3     proposed amendments to the Urban Environments Bylaw.

1.2      To delegate to a panel of elected members the hearing and deliberations process following consultation.

2.       Summary

2.1      Staff developed a proposed Commercial Occupation Policy (footpath and car park dining, street stalls and markets), to provide a framework for the commercial occupation of all legal road controlled by Council as well as the 1903 Square and Cathedral Steps for outdoor dining, street stalls and regular markets.  The proposed Licence Fee Schedule will support the implementation of the proposed Commercial Occupation Policy by providing a publicly available list of commercial occupation licence fees.

2.2      Council’s City Amenity Bylaw 2017 is due to expire in September 2024 and will then cease to exist.  Where this is necessary to address issues that continue to exist in the city centres, the recommendation is to amend the Urban Environments Bylaw by adding some of the City Amenity Bylaw provisions to it. A number of amendments are also proposed in relation to some of the existing Urban Environment Bylaw provisions.

2.3      As the proposals all relate to public places, staff recommend that Council combine the consultation process for the proposed Commercial Occupation Policy, Licence Fee Schedule and amendments to the Urban Environments Bylaw. The consultation document outlining the three proposals is in Attachment 1.

3.       Recommendation

That the Council

1.    Receives the report Activities in Public Places Consultation and its attachments (839498445-18502) (839498445-18481, 839498445-18492 and 839498445-18493); and

2.    Approves the proposal to carry out one special consultation process for the proposed Commercial Occupation Policy, the proposed Licence Fee Schedule and the proposed amendments to the Urban Environments Bylaw; and

3.    Determines that the special consultative procedure is required for the proposed amendments to the Urban Environments Bylaw because they will be of significant interest to the public and likely to have a significant impact on the public; and

4.    Determines that a special consultative procedure is not required for the proposed Commercial Occupation Policy and proposed fees for commercial occupation licences but will be used, with necessary modifications to meet the consultation requirements for prescribing fees; and

5.    Approves a remission rebate for commercial occupation licences under a new policy of $25.00 per square metre from when the new policy comes into effect until 30 June 2025 to acknowledge the difficult economic environment the hospitality and retails sectors are working in; and

6.    Determines that a bylaw is the most appropriate way of addressing the perceived problems in the city centres; and

7.    Agrees to, in relation to clause 5.18 and 5.19 of the Urban Environments Bylaw (sandwich boards), either:

·    Consult on a proposed amendment to remove clauses 5.18 and 5.19; or

·    Consult on a proposed amendment to the bylaw to prohibit sandwich boards except to the extent allowed under the Nelson Resource Management Plan; or

·    Not propose any amendment for consultation at this time; and

8.    Determines that the proposed amendments to the Urban Environments Bylaw are the most appropriate form of the amendments to the Bylaw; and

9.    Determines that the proposed amendments to the Urban Environments Bylaw give rise to implications under the New Zealand Bill of Rights Act 1990 and that the proposed amendments to the Urban Environments Bylaw are not inconsistent with the New Zealand Bill of Rights Act 1990; and

10.  Approves the commencement of a special consultative procedure on the proposed Commercial Occupation Policy in Attachment 2 (839498445-18481), the proposed Licence Fee Schedule in Attachment 3 (839498445-18492) and the proposed amendments to the Urban Environments Bylaw in Attachment 4 (839498445-18493), to run from 10 June to 10 July 2024; and

11.  Agrees a summary of the Statement of Proposal is not necessary to enable public understanding of the proposal; and

12.  Adopts the Statement of Proposal called ‘Activities in Public Places Consultation Document’ in Attachment 1 (839498445-18502) for use in this special consultative procedure, as amended to reflect the decision made in recommendation 7; and

13.  Delegates the hearing and deliberations process to a panel of the following elected members:

a.     xxx

b.    xxx; and

14.  Approves the consultation approach set out in section 6.5 of the Report and agrees:

a.     The approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

b.    The approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

 

4.       Background

Proposed Commercial Occupation Policy

4.1      Council’s ‘Commercial Occupation of Footpaths, Car Parks and Parking Squares Policy’ was adopted in 2000. The Policy needs to be updated to reflect Council’s current strategic direction, including Te Ara ō Whakatū – City Centre Spatial Plan and the Parking Strategy 2022.

4.2      A new policy will also provide certainty to businesses and individuals whose licences are currently being rolled over on a monthly basis, pending the development of a new Commercial Occupation Policy.

Proposed Licence Fee Schedule

4.3      The Policy adopted in 2000 provided the following guidance regarding the setting of commercial occupation fees.

“The setting of rentals will take into consideration the following criteria:

a)  Market value of the site occupied e.g. determined by a registered valuer.

b)  Commercial shop rentals.

c)  Cost of providing the site.

d) Alternative revenue opportunities to Councils.”

4.4      Staff are recommending an update to the commercial occupation fee structure to move from individualised rates to a simpler and more transparent two-tiered fee structure, based on size (metres squared) and location.

Proposed amendments to the Urban Environments Bylaw

4.5      The City Amenity Bylaw 2017 was developed to address gaps in Council’s powers to manage issues related to disorder and public safety occurring in the city centres. This Bylaw will expire in September 2024 and will then cease to exist. 

4.6      Where this is necessary to address issues that continue to exist in the city centres, the recommendation is to amend the Urban Environments Bylaw by adding some of the City Amenity Bylaw provisions to it. A number of amendments are also proposed in relation to some of the existing Urban Environment Bylaw provisions.  This process will also provide an opportunity to resolve inconsistencies between the City Amenity Bylaw and Urban Environment Bylaw.

Workshops

4.7      At a workshop on 15 September 2023 about the City Amenity Bylaw and Urban Environments Bylaw, elected members expressed support for the following direction:

4.7.1     Add relevant provisions from the City Amenity to the Urban Environments Bylaws (to simplify and clarify the bylaw requirements applying in city centres).

4.7.2     Consider adopting the two-metre space available on footpaths for pedestrians (as currently applies in the Urban Environments Bylaw) rather than the 1.5 metre space referred to in the City Amenity Bylaw.

4.7.3     Retain the existing sandwich board provisions in the Urban Environments Bylaw.

4.7.4     Consider limiting the begging prohibition to city centres only.

4.7.5     Consider adding a note in the Urban Environments Bylaw to make it clear that Council will not prosecute in event organisers do not notify Council about an upcoming event that is likely to interfere with traffic or pedestrian thoroughfare in a public place.

4.8      Elected members provided further guidance at a workshop on 12 April 2024 on both the proposed Policy and proposed amendments to the Urban Environment Bylaw. This is summarised below along with details on how the guidance has been addressed:

4.8.1   Ensure businesses with outdoor dining areas can provide outdoor entertainment or music.

In general, music at outdoor dining areas is not prohibited.  The Nelson Resource Management Plan (NRMP) (appendix 13) deals with noise requirements in the inner city zone, including requirements about excessive noise and time limits (10pm / 11pm, depending on the location of the site).  Given that the particular details of each case would need to be considered against the Plan rules, this topic has not been addressed in the Policy.

4.8.2   Provide further financial analysis on commercial occupation fees and explore options for businesses to apply different rates for summer and winter.

These matters are addressed in the report in paragraphs 5.7 to 5.8.

4.8.3   Explore options for having a discounted rate for commercial occupation licence holders showing significant reductions in greenhouse gas emissions.

Staff explored this option and although there is agreement that Council should encourage businesses to reduce their greenhouse gas emissions, the complexities and costs of developing and administering an initiative like this, is not seen as realistic to undertake by staff at this time.

4.8.4   Consider a 1.5 footpath clearance rather than a 2 metre clearance as originally suggested by staff. 

Staff have included a proposed footpath clearance of 1.8 metres in the proposed Commercial Occupation Policy and proposed amendments to the Urban Environments Bylaw. This aligns with the recommendation in the New Zealand Transport Agency – Waka Kotahi Pedestrian Planning and Design Guide.

4.8.5   Include the option of not allowing sandwich boards (and provide a summary of the number of sandwich boards currently in use).

Options related to sandwich boards are currently included in the Statement of Proposal, for further consideration at the Council meeting 6 June 2024. Option 1 is to consult on a proposed amendment to remove the sandwich board provisions from the Bylaw; Option 2 is to consult on a proposed amendment to remove the current sandwich board provisions and include a provision that prohibits the display of sandwich boards in public places, except to the extent allowed under the NRMP; and Option 3 is to make no change to  the current bylaw provisions of allowing one sandwich board per business on public footpaths.   Further details about this topic are included in paragraphs 5.15.4 to 5.15.12 below.

4.8.6   Remove the requirement for local schools, community groups, charities and not-for-profit organisations to gain a permit before soliciting donations in public places.

The proposed amendment would allow the above-mentioned groups to solicit donations in public places without gaining a permit first.

5.       Discussion

About the proposed Commercial Occupation Policy and Licence Fee Schedule

Commercial Occupation Policy

5.1      Encouraging individuals and businesses to set up outdoor dining, street stalls and markets will help deliver on Council’s priorities to transform our city and commercial centres to be thriving, accessible and people focused. Council can do this by allowing these activities to occur throughout Nelson, providing a simple and fair application process, charging affordable licence fees and having no cap on the numbers of car parks which can be converted to outdoor dining areas.

5.2      The proposed Commercial Occupation Policy includes:

5.2.1     Guiding principles for the Policy;

5.2.2     Assessment matters for licence applications;

5.2.3     A three year licensing cycle to enable Council’s appropriate management of commercial occupation of its public places.

Licence Fee Schedule

5.3      The fees for commercial occupation licences have not been updated since 2018, except for the rental relief provided to recognise the impact of COVID-19 on the hospitality sector. The current fee system is complex, considering a number of factors (size, location and light) to provide individualised rates.

5.4      The proposed Licence Fee Schedule (in Attachment 3) recommends a simpler fee structure that includes a higher rate for Inner City – Centre areas to acknowledge the location premium, and a lower rate for commercial occupation in all other zones (as defined in the NRMP). The proposed structure is assessed as more transparent, consistent, and efficient compared with the current structure.

5.5      The proposed fee structure complies with section 150(4) of the Local Government Act 2002 (LGA) which states that fees must not provide for the local authority to recover more than the reasonable costs incurred for the matter which the fee is charged. The fees have been determined based on factors including location, lost parking revenue, and the loss of public space for community use.

Other matters on fees for commercial occupation licences

5.6      Staff recommend a $25/m2 recession rebate apply to the commercial occupation licence fees from when the new policy comes into effect until 30 June 2025 to recognise the difficult economic environment the hospitality and retail sectors are currently working in, with Council to decide by resolution whether to extend this rebate for 2025/26.

5.7      Staff carried out a financial analysis which shows that the total revenue from the current approach to commercial occupation fees for outdoor dining and street stalls is $158,393, and this would increase slightly to $163,429 under the proposed fee structure. However, if Council provides a recession rebate (of $25 per square metre) in 2024/25, the total fees would be $141,872. If Council wanted to consider providing a higher rebate, such as $50/m2, for 2024/25 the revenue would drop to $120,316. These figures are calculated for a full financial year and are subject to change depending on the adoption date of the new policy.

5.8      Elected members requested staff explore options for businesses to pay less over winter. Staff recommend that Council continues to set an annual licence fee, but to have a summer rate of 75% and winter rate of 25% to acknowledge that hospitality and retail businesses tend to experience a drop in cashflow over the winter months. For example, an annualised amount of $200 per m2 would be made up of $150 per square metre for the six months over summer and $50 per m2 for the six months of winter but charged at the full amount of $200m2 at the start of Council’s financial year. The licence holder can then arrange payments with Council to manage cashflow in the way they wish. 

Reasons to amend the Urban Environments Bylaw

5.9      Where this is necessary to address issues that continue to exist in the city centres, the recommendation is to amend the Urban Environments Bylaw by adding some of the City Amenity Bylaw provisions to it.

5.10    This provides an opportunity to have all of the bylaw provisions related to activities in public places in city centres in one place. The proposed amendments would resolve current inconsistencies between the two Bylaws.  This approach also delivers efficiencies in relation to staff, governance and community time in that there will be one less bylaw review process to carry out in future.

5.11    Staff have also identified existing Urban Environment Bylaw provisions that are proposed to be amended in order to better regulate the use of public places within the city centres for trading and ancillary activities. 

5.12    The City Amenity Bylaw 2017 (which expires in September 2024) was made to address the following perceived problems:

5.12.1   Amenity in the city centres was being affected by others’ use of these areas through the accumulation of possessions, things and structures on footpaths.

5.12.2   Obstruction of public use (and passage) along footpaths was occurring, affecting people’s ability to access shop frontages and view goods, and resulting in loss of potential business.

5.12.3   Safety (and perception of safety) of pedestrians and traffic, and people’s use of public places was being impacted by others’ use of public places, particularly at night.

5.12.4   Safety of those using public places at night.

5.12.5   The potential for events (including protests) to affect other people’s use of public places.

5.13    Council continues to need bylaw provisions to manage these issues (further details are below and a full analysis is in the Statement of Proposal in Attachment 1), and has the power to make bylaw provisions for the following reasons:

5.13.1   Protecting the public from nuisance, under section 145(a) of the LGA.

5.13.2   Protecting, promoting and maintaining public health and safety, under section 145(b) of the LGA.

5.13.3   Minimising the potential for offensive behaviour in public places, under section 145(c) of the LGA.

5.13.4   Regulating trading in public places, under section 146(1)(a)(vi) of the LGA.

5.13.5   Managing, regulating against, or protecting from, damage, misuse, or loss, or for preventing the use of, the land, structures, or infrastructure associated with reserves, recreation grounds, or other land under the control of the territorial authority, under Section 146(1)(b)vi of the LGA.

5.13.6   Bylaws made in relation to parks, reserves, recreation grounds, or other land that the regional council owns or controls, under Section 149(1)(b) of the LGA.

5.14    The relevant bylaw making powers are noted after each bylaw provision discussed below.

5.15    The proposed amendments to the Urban Environments Bylaw include the following changes to Part 5 – Trading in Public Places.

5.15.1   Amend the ‘Soliciting of donations and selling lottery tickets’ provisions to allow local schools, community groups, charities and not-for-profit organisations to carry out these activities without the need for a permit. The relevant bylaw making powers are sections 145(a) and 146(1)(a)(vi) of the LGA.

5.15.2   Restrict the prohibition of begging to the city centres only, rather than the status quo which prohibits begging in all areas of the City. (The City Centres definition includes the Inner City and Suburban Commercial Zones, as well as the 1903 Square.) The relevant bylaw making power is section 145(a) and 146(1)(a)(vi) of the LGA.

5.15.3   Require a 1.8m width of the footpath to remain available to pedestrians (rather than 2m) when granting permits for retail displays on footpaths. The relevant bylaw making power is section 145(b) and 146(1)(a)(vi) of the LGA.

5.15.4   In relation to sandwich boards the options are: remove the ‘sandwich boards on footpaths’ provisions entirely; amend the bylaw to prohibit the display of sandwich boards on public places except to the extent allowed under the NRMP; or make no change to the current approach which allows for one sandwich board display per business. The relevant bylaw making powers are sections 145(a), 145(b) and 146(1)(a)(vi) of the LGA.

5.15.5   Allowing sandwich boards to be placed on public places is inconsistent with Rule AP20r.2.1.i in the NRMP, which sets the permitted activity conditions for the location of signs. This includes a requirement that signs be situated on the property at which the goods or services they advertise are available (rather than being located on public land).

5.15.6   As the NRMP already regulates sandwich boards, is it not necessary to include provisions about sandwich boards in the Bylaw and one of the options is to remove these provisions from the Bylaw entirely.  Alternatively, the Bylaw could be amended by removing the current provisions and including a provision that prohibits the display of sandwich boards in public places, except to the extent allowed under the NRMP.  This option would help to provide clarity in relation to the regulation of sandwich boards. 

5.15.7   Council’s service request records indicate that Council continues to receive complaints and correspondence about sandwich boards, despite the existing provisions in the Urban Environment Bylaw that regulate the use of sandwich boards. 

5.15.8   Sandwich boards on public places create a safety risk and a hazard for pedestrians, particularly people with disabilities, older pedestrians and families with young children. Complaints received about sandwich boards generally relate to the number of sandwich boards displayed by businesses and sandwich boards reducing accessibility due to being in the way, or in the wrong location.   

5.15.9   Two counts of sandwich boards were undertaken in Nelson city centre in mid-April 2024, one on a Monday morning and another on a Thursday afternoon.  The totals for the respective counts were 91 and 151. (Note, these numbers may include sandwich boards on private land and not regulated under the Bylaw).

5.15.10 Keeping public places free of hazards for pedestrians and making more space available for people would align with Te Ara ō Whakatū – City Centre Spatial Plan.  One of the key actions in Te Ara ō Whakatū is ‘Streets for People’ which includes a reimagining of our city centre streets that gives greater priority to people.

5.15.11 Council considered and consulted on sandwich board provisions during the last review of the Urban Environment Bylaw and implemented the existing provisions.  A third option is to make no change the current provisions which allow for one sandwich board display per business.  

5.15.12 Council can decide to consult on a proposed amendment or decide not to consider amending the existing provisions in relation to sandwich boards at this time. (The Statement of Proposal will be amended to reflect Council’s decision).

 

Option 1: Consult on the proposed amendment to remove sandwich board provisions from the Bylaw

Advantages

·    Consultation provides an opportunity for the community to share their views with Council on the proposed amendment.

Risks and Disadvantages

·   No significant risks or disadvantages.

Option 2: Consult on the proposed amendment to remove the current sandwich board provisions and include a provision that prohibits the display of sandwich boards in public places, except to the extent allowed under the NRMP

Advantages

·    Consultation provides an opportunity for the community to share their views with Council on the proposed amendment.

Risks and Disadvantages

·    No significant risks or disadvantages.

Option 3: Status quo – make no change to existing sandwich board provisions in Bylaw

Advantages

·    No costs or time required for consultation and decision-making in relation to this topic which Council considered and consulted on during the previous review of the Bylaw.

Risks and Disadvantages

·    Lost opportunity to receive community feedback.

·    Inconsistency between Bylaw and NRMP remains.

·    Lost opportunity to align with Te Ara ō Whakatū – City Centre Spatial Plan.

5.16    A new Part 6 of the Bylaw called ‘Activities in Public Places’ is proposed, which includes the following provisions.

5.16.1   Require a permit for these activities: placing or leaving any item in any public place; causing or allowing any material or thing to be deposited in a public place or on a road; and erecting or placing any structure on, under or over any public place. The relevant bylaw making powers are sections 145(a), 145(b), 146(1)(b)(vi) and 149 (1)(b) of the LGA.

5.16.2   Specify assessment matters to be considered, where a permit is required, including the duration and location of an activity, compatibility of the activity with other approved activities taking place at the same time and location, safety considerations,  impacts of the activity including noise, odour or offensive emission, the impact of the activity on retail or commercial premises and the impact of the activity on others , and whether the activity is consistent with bylaw provisions. The relevant bylaw making powers are sections 145(a), 145(b), 146(1)(b)(vi) and 149(1)(b) of the LGA.

5.16.3   Require users of public places to: retain 1.8 metres width of footpath for use by pedestrians; maintain emergency access; and require any person carrying out authorised works to reinstate works to an appropriate standard. The relevant bylaw making powers are sections 145(a), 145(b), 146(1)(b)(vi) and 149(1)(b) of the LGA.

5.16.4   Require anyone organising an event (including a protest) to notify the Council if the event is likely to interfere with traffic or pedestrian thoroughfare. This enables Council to provide traffic management information to the organiser and/or Police. The relevant bylaw making power is section 145(a), 145(b), 146(1)(b)(vi) and 149(1)(b) of the LGA.

5.16.5   Not allow anyone to sleep or otherwise occupy a public place for two or more hours during the hours of darkness unless they are permitted to do so by an authorised officer. The relevant bylaw making powers are sections 145, 146(1)(b)(vi) and 149(1)(b) of the LGA.

5.17    A full analysis of the proposed changes is provided on pages 7–13 of the Statement of Proposal in Attachment 1.

Section 155 of the LGA determinations

5.18    Before making any bylaw, section 155 of the LGA requires Council to determine that a bylaw is the most appropriate way of addressing the perceived problem, that the proposed bylaw is the most appropriate form of the bylaw, and that the draft bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990 (NZBORA).

5.19    As outlined above in paragraph 5.12, the City Amenity Bylaw 2017 was made to address the perceived problems in the city centre.  Council’s service request records show that these types of issues continue to be a problem from time-to-time and that Council has relied on the City Amenity Bylaw to address these issues.  In the past, Council has explored and employed various other options to address the problems that the proposed amendments seek to resolve, including, installation of CCTV, alternative bylaw provisions (in the case of sandwich boards), informal interventions by staff, trespass notices, management of activities and events in public places without a clear process.  However, these methods are not effective, achieve temporary results, and add to the demand on staff resources. 

5.20    When the City Amenity Bylaw expires in September 2024, Council will no longer have a bylaw regulating these issues in the city centres.  A bylaw is the most appropriate way of addressing these, and the proposed amendments to the Urban Environment Bylaw are considered the most appropriate manner in which to address the problems.

5.21    The proposed amended Urban Environments Bylaw is the most appropriate form of bylaw because it is:

5.21.1   authorised by statutory authority (sections 145, 146(1)(a)(vi), 146(1)(b)(vi) and 149(1)(b) of the LGA)

5.21.2   not considered to be in conflict with, or incompatible with, the general laws of New Zealand

5.21.3   certain, enforceable and provides clear direction

5.21.4   reasonable, and not overly restrictive, unduly onerous on any person, or impractical.

5.22    The proposed amendments to the Urban Environments Bylaw give rise to some implications under the New Zealand Bill of Rights Act 1990 but are not inconsistent with that Act.

5.23    Some of the proposed amendments to the Bylaw potentially infringe on members of the public’s rights to freedom of expression (protected under section 14 of the New Zealand Bill of Rights Act 1990), freedom of peaceful assembly (protected under section 16 of the New Zealand Bill of Rights Act 1990) and freedom of movement (protected under section 18 of the New Zealand Bill of Rights Act 1990). 

5.24    The proposed amendment in clause 6.8 would require notification to Council of an upcoming event, if the event is likely to cause disruption to pedestrians and traffic.  The notification requirement is for the purpose of minimising unreasonable disruption to pedestrians and other users of public places, and to protect and maintain public health and safety in the city centres.  No permit would be required.  To the extent that the notification requirement infringes on protected rights, Council is satisfied that this potential limit on these as permitted under the proposed amendment to the bylaw can be demonstrably justified in a free and democratic society.

5.25    The proposed amendment in clause 6.10 of the Bylaw requires Council permission to sleep or otherwise occupy a public place in the City Centres for two or more continuous hours during the hours of darkness.  The purpose of this clause is to protect, promote and maintain public health and safety; to protect the public from activities that may constitute, or have the potential to constitute, a nuisance; to regulate the use of public places and to minimise the potential for offensive behaviour in public places.  Council is satisfied that this potential limit on these as permitted under the proposed amendment to the Bylaw can be demonstrably justified in a free and democratic society because:

·    There is a rational connection between the limitation and the objective of ensuring a safe environment for all people using public places

·    The area the Bylaw provision relates to is geographically limited to public places in Nelson's city centres

·    Where a person is homeless and is not protesting, Council's first response will be engagement with the appropriate social services to try to locate alternative accommodation or solutions.

5.26    The proposed amendment in clause 5.11 would introduce a geographic limit on the existing prohibition on begging (currently applies throughout Nelson.  The proposed amendment would mean the prohibition would apply only in the city centres, instead off the current provision which applies in all areas of the City.

6.       Consultation

Requirements to use the special consultative procedure

6.1      Section 156 of the LGA requires Council to use the special consultative procedure before making a bylaw, if the bylaw concerns a matter identified as being of significant interest to the public, or Council considers there is likely to be a significant impact on the public due to the proposed amendments.

6.2      It is appropriate to use the special consultative procedure because the proposed amendments to the Urban Environment Bylaw concern the use of public places in the city centres and are therefore assessed as being of significant interest to the public and likely to have a significant impact on the public. Although a special consultative procedure is not a requirement for consulting on the proposed Commercial Occupation Policy, or for setting of licence fees, staff recommend a combined consultation for the reasons outlined in paragraph 6.3 below.

Reasons to combine the consultation on the proposed Commercial Occupation Policy, proposed Licence Fees and the proposed amendments to the Urban Environments Bylaw

6.3      The proposed Commercial Occupation Policy, the proposed Licence Fees and the proposed amendments to the Urban Environments Bylaw all relate to activities in public places in city centres. Consulting on the proposals through one special consultative procedure ensures:

6.3.1     Stakeholders with an interest in commercial occupation and other activities in public places can provide feedback on one or more of these proposals at the same time;

6.3.2     Council’s consultation and decision-making processes are as efficient as possible; and

6.3.3     The decisions on the three related proposals can be aligned.

6.4      A Statement of Proposal (called the Activities in Public Places Consultation Document) is in Attachment 1 of this report. Part A consults on the proposed Commercial Occupation Policy and meets the requirements of s 87 LGA. Part B consults on the proposed Licence Fee Schedule and meets the requirements of s 150, s 82 and s 82A LGA.  Part C consults on the proposed amendments to the Urban Environments Bylaw. Part C meets the requirements of s 86, which sets out the specific matters to be included in a Statement of Proposal related to a bylaw. These are: the proposed amendments to the bylaw, the reasons for the proposal, and consideration of the matters listed in section 155 of the LGA.

Consultation approach

6.5      The communication plan for the special consultative procedure includes the following actions:

6.5.1     Inform everyone who currently has a commercial occupation licence, and may be directly affected by the proposed changes, about the proposed Commercial Occupation Policy and proposed Licence Fees and invite submissions.

6.5.2     Inform the stakeholders about all three proposals and invite submissions.

6.5.3     Inform iwi of the three proposals and invite submissions.

6.5.4     Build on media interest in revitalisation of the city centre by meeting with local media to discuss these proposals.

6.5.5     Publicise the three proposals and the consultation process through Council’s public communication channels and make the consultation document and all supporting information available on Council’s website and in public libraries for the time required under the LGA.

6.5.6     Schedule the hearing from 1–7pm on 24 July so that submitters who work during the day are able to participate.

6.5.7     Promote the fact that people can advise they wish to speak at the hearing even if they don’t make a written submission, as provided for by section 82(d) of the LGA.

Hearing Panel

6.6      It is open to Council to delegate all steps in the bylaw-making process, other than the adoption of the final bylaw.  To help ensure the most efficient use of governance time and completion of the process by September 2024 (when the City Amenity Bylaw expires), it is recommended that Council establish a hearing panel to consider written and oral submissions and make recommendations to Council. The membership of this panel is to be determined by elected members at this Council meeting.

7.       Options

Temporary remission rebate for commercial occupation licences

Option 1: Approve a remission rebate of $25 per square metre for commercial occupation licences from when the new policy comes into effect until 30 June 2025 (recommended)

Advantages

·    A rebate acknowledges the difficult economic environment licence holders are currently working in, providing a discount while licence holders are likely to be experiencing a drop in cashflow.

·    The $25 per square metres amount will provide Council with revenue of approximately $141,872 in 2024/25, which is only a shortfall of $7,413 of the amount budgeted for in the Long Term Plan of $149,285 for 2024/25.

Risks and Disadvantages

·    There is a shortfall in revenue of $7,413 to what is budgeted in the Long Term Plan for 2024/25.

Option 2: Approve a remission rebate of $50 per square metre for commercial occupation licences from when the new policy comes into effect until 30 June 2025, or at another level the Council deems appropriate

Advantages

·    A rebate acknowledges the difficult economic environment licence holders are currently working in, providing a discount while licence holders are likely to be experiencing a drop in cashflow.

·    A $50 per square metre rebate provides more relief to licence holders over 2024/25.

Risks and Disadvantages

·    There is a larger shortfall in revenue of approximately $20,969 that will have to be absorbed by another budget line.

Option 3: Do not approve a remission rebate for commercial occupation licences

Advantages

·    There is not shortfall in what Council has budgeted for revenue levels in 2024/25.

Risks and Disadvantages

·    No relief is provided to licence holders while they are in a difficult economic environment.

 

 

Activities in Public Places on Consultation

7.1      If the Council accepts that the proposed Commercial Occupation Policy, proposed Licence Fee Schedule and the proposed amendments to the Urban Environments Bylaw are the most appropriate way forward, it has two options to consider.

Option 1: Commence consultation on the proposed Commercial Occupation Policy, proposed Licence Fee Schedule and proposed amendments to the Urban Environments Bylaw (recommended)

Advantages

·   The proposed Commercial Occupation Policy encourages businesses to establish outdoor dining, street stalls and markets; aligns with Council’s strategies, plans and bylaws; and provides a framework for consistent decision-making on commercial occupation licences.

·    The proposed Licence Fee Schedule establishes a transparent and consistent approach to setting licence fees.

·    The proposed amendments to the Urban Environments Bylaw support safe city centres that everyone can enjoy.

·    Commencing consultation in early June will enable Council to adopt new bylaw provisions to replace relevant City Amenity Bylaw provisions in September 2024, subject to consultation.

Risks and Disadvantages

·    No significant risks or disadvantages.

Option 2: Do not commence consultation and rely on the existing Policy (adopted in 2000) and the Urban Environments Bylaw

Advantages

·    No costs or time required for consultation and decision-making.

Risks and Disadvantages

·    A lost opportunity to contribute to revitalisation of the inner city.

·    Council would continue to rely on the Commercial Occupation Policy adopted in 2000, which does not reflect Council’s current strategic direction.

·    The existing City Amenity Bylaw 2017 will expire on 1 September 2024, after which Council will no longer have a bylaw regulating these issues in the city centres such as events, activities in public places which require a permit, and sleeping in public places.

 

8.       Conclusion

8.1      A new Commercial Occupation Policy and Fee Schedule would provide clarity on commercial occupation of footpath and car park dining, street stalls and markets in Nelson.  The proposed amendments to the Urban Environments Bylaw would provide Council with powers to manage issues and activities in public places in the city centres, after the City Amenity Bylaw expires. 

8.2      Commencing consultation of the proposed Commercial Occupation Policy, proposed Licence Fee Schedule and the proposed amendments to the Urban Environments Bylaw using the special consultative procedure will meet the requirements the relevant Local Government Act 2002 requirements and give the community an opportunity to provide feedback on all of these proposals.

9.       Next Steps

9.1      Consultation will commence on 10 June and close on 10 July 2024.  Submissions will be invited and then a hearing will be held. The Panel will consider public feedback and make recommendations to Council.  Following completion of the consultation process, the policy, fee schedule and bylaw will be presented to Council for a decision on adoption.

 

Attachments

Attachment 1:   839498445-18502 - Activities in Public Places Consultation Document

Attachment 2:   839498445-18481 - Proposed Commercial Occupation Policy

Attachment 3:   839498445-18492 - Proposed Licence Fee Schedule

Attachment 4:   839498445-18493 - Proposed amendments to the Urban Environments Bylaw  

 

Important considerations for decision making

Fit with Purpose of Local Government

The proposed Commercial Occupation Policy and proposed Licence Fee Schedule support the social and economic wellbeing of the Nelson community by encouraging activities which attract people to our city centres to socialise and support local businesses.

The proposed amendments to the Urban Environments Bylaw also support the social, economic and cultural wellbeing of the Nelson community by managing activities with the potential to adversely impact on people’s experiences of public places in Nelson city centres and aim to ensure all members of the community can enjoy Nelson’s city centres.

Consistency with Community Outcomes and Council Policy

The proposed Commercial Occupation Policy, proposed Licence Fee Schedule and proposed amendments to the Urban Environments Bylaw support 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

Not adopting the proposed Commercial Occupation Policy and proposed Licence Fee Schedule would leave the hospitality sector, stall holders and market operators without long term certainty about the status of their commercial occupation licences. These are currently being rolled over on a monthly basis, pending the adoption of a new Commercial Occupation Policy.

Not adopting the proposed amendments to the Urban Environments Bylaw would leave Council relying on its existing City Amenity Bylaw 2017, which is due to expire on 1 September 2024. After this time Council would not have bylaw powers to manage the issues in the city centre.

Financial impact

There are no immediate funding implications over and above the current costs of administration and enforcement.

Degree of significance and level of engagement

The proposed amendments to the Urban Environment Bylaw concern the use of public places in the city centres and are therefore assessed as being of significant interest to the public and likely to have a significant impact on the public.

The proposed Commercial Occupation Policy and proposed Licence Fee Schedule will be of high interest to current and future licence holders.

Consultation through a special consultative procedure will be undertaken.

Climate Impact

      The proposal in this report will have no impact on the ability of Council to proactively respond to the impacts of climate change now or in the future.

Inclusion of Māori in the decision making process

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

Legal context

·    Council has the power to make this decision under the Local Government Act 2002.

·    Council’s decision must be made in accordance with Parts 6 and 8 of the Local Government Act 2002.  In relation to these decisions, this requires specific consideration of consultation requirements when making, amending or revoking bylaws made under section 156 of this Act, requirements of the Special Consultative Procedure under sections 86 and 87 of the Act, and requirements for prescribing fees under s 150 of the Act.

Delegations

Council is responsible for final adoption of a bylaw but can delegate the following matters:

·    Reviewing and determining whether a bylaw or amendment, revocation or replacement of a bylaw is appropriate

·    Undertaking community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes other than final approval.

 

 


Item 9: Activities in Public Places Consultation: Attachment 1















Item 9: Activities in Public Places Consultation: Attachment 2






Item 9: Activities in Public Places Consultation: Attachment 3



Item 9: Activities in Public Places Consultation: Attachment 4