Nelson City Council Minutes - 23
May 2024
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.
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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).
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Attachments
1 1982984479-7487 Richard Kempthorne and Yiffat Goddard
Speaking Notes
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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.
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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.
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His Worship the
Mayor/Anderson
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Attachments
1 1982984479-7473 Youth Nelson PowerPoint
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4.3. Whenua Iti Outdoors -
Potential Partnership between NCC and TDC.
Document number R28533
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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).
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Attachments
1 1982984479-7474 Whenua Iti Outdoors PowerPoint
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4.4. Deputation - Gail Collingwood
and Helen Tyson - The GCNZ Award Received.
Document number R28529
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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.
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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.
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Resolved CL/2024/069
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That the Council
1. Confirms
the minutes of the meeting of the Council, held on 4 April 2024, as a true
and correct record.
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Courtney/Paki Paki Carried
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5.2 11 April 2024
Document number M20524, agenda
pages 21 - 24 refer.
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Resolved CL/2024/070
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That the Council
1. Confirms
the minutes of the meeting of the Council, held on 11 April 2024, as a true
and correct record.
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Courtney/Paki Paki Carried
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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.
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Resolved CL/2024/071
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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).
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Skinner/Brand Carried
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Attachments
1 1982984479-7476 Nelson Regional Development Agency
PowerPoint
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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.
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Resolved CL/2024/072
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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.
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Courtney/Rollo Carried
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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.
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Resolved CL/2024/073
2. Approves
bringing forward the Opera in the Park event from February 2026 to February
2025; and
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Resolved CL/2024/074
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Skinner/Paki Paki Carried
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3. Agrees
to allocate $20,000 of unbudgeted expenditure to fund a vulnerable housing
assessment, commencing in the 2023/24 financial year; and
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Sanson/Skinner Carried
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Resolved CL/2024/075
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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
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His Worship the Mayor/Stallard Carried
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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
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Courtney/Sanson Carried
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Resolved CL/2024/077
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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
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His Worship the Mayor/Benge Carried
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Resolved CL/2024/078
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9. Agrees
to dissolve the Elma Turner Library Reopening Taskforce; and
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His Worship the Mayor/Paki
Paki Carried
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Resolved CL/2024/079
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10. Agrees to appoint
Councillor James Hodgson as the Atawhai Liaison Councillor.
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His Worship the
Mayor/Courtney Carried
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Resolved CL/2024/080
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1. Receives
the report Mayor's Report (R28508) and its attachments (1118544611-7717,
1118544611-7728 and 1118544611-7729).
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His Worship the Mayor/Sanson Carried
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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.
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Resolved CL/2024/081
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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.
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O'Neill-Stevens/Skinner Carried
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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.
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Resolved CL/2024/082
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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.
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Sanson/Courtney Carried
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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:
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Description
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Amount
($)
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NCC $
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TDC $
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NZTA $
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TOTAL
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1,050,500
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455,494
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119,941
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475,065
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Adjustments
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Errors
in initial budgeting
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126,506
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60,059
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Total additional budget
required
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582,000
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180,000
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Resolved CL/2024/083
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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.
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Sanson/Courtney Carried
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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.
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Resolved CL/2024/084
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That
the Council
1. Receives the report
Nelmac Limited half year report to 31 December 2023 (R28452) and its attachment
(1511110536-1012).
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His Worship the Mayor/Brand Carried
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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:
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Resolved CL/2024/085
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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.
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Paki Paki/Hodgson Carried
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Resolved CL/2024/086
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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:
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Paki Paki/Hodgson Carried
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Item
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General subject of each matter to be
considered
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Reason for passing this resolution in
relation to each matter
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Particular interests protected (where
applicable)
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1
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Council Meeting - Confidential Minutes - 4 April 2024
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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.
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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)
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2
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Housing
Reserve Grant Application
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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
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The withholding of the information is necessary:
· Section 7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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3
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Proposal to purchase land
This
item was withdrawn by the Chief Executive.
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4
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Nelmac
Limited Six Monthly Strategic Presentation
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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
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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
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5
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Nelmac Limited Draft Statement of Intent 2024/25
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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
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The withholding of the information is necessary:
· Section
7(2)(i)
To enable the
local authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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6
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Property
Purchase - Central City
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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
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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)
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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:
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1
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Housing Reserve Grant
Application
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4. Agrees
that Report R28428, attachment (336940202-11216), and the decision be made
publicly available following completion of negotiations.
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4
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Nelmac Limited Draft
Statement of Intent 2024/25
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4. Agrees
that the Report (R28439), decision and attachments (1511110536-960 and
1511110536-1042) remain confidential at this time.
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5
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Property Purchase - Central
City
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3. Agrees
that Report (R28215) and decision remain confidential at this time.
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There being no further business
the meeting ended at 3.29p.m.
Confirmed as a correct record of proceedings by
resolution on (date)
Item 7: Mayor's Report
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Council
6 June 2024
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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
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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.
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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 9: Activities in
Public Places Consultation
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Council
6 June 2024
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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
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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.
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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).
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Advantages
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· Consultation
provides an opportunity for the community to share their views with Council
on the proposed amendment.
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Risks and Disadvantages
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· No
significant risks or disadvantages.
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Advantages
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· Consultation
provides an opportunity for the community to share their views with Council
on the proposed amendment.
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Risks and Disadvantages
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· No
significant risks or disadvantages.
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Option 3: Status quo – make no change to existing
sandwich board provisions in Bylaw
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Advantages
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· 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.
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Risks and Disadvantages
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· 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.
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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
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Advantages
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· 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.
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Risks and Disadvantages
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· There is a
shortfall in revenue of $7,413 to what is budgeted in the Long Term Plan for
2024/25.
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Advantages
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· 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.
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Risks and Disadvantages
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· There
is a larger shortfall in revenue of approximately $20,969 that will have to
be absorbed by another budget line.
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Option 3: Do not approve a remission rebate for
commercial occupation licences
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Advantages
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· There
is not shortfall in what Council has budgeted for revenue levels in 2024/25.
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Risks and Disadvantages
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· No
relief is provided to licence holders while they are in a difficult economic
environment.
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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.
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Advantages
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· 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.
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Risks and Disadvantages
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· No significant
risks or disadvantages.
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Advantages
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· No
costs or time required for consultation and decision-making.
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Risks and Disadvantages
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· 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.
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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 ⇩
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Important considerations for decision making
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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.
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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.
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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.
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Financial impact
There are no immediate funding implications over
and above the current costs of administration and enforcement.
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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.
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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.
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Inclusion of Māori in the
decision making process
No engagement with Māori has been undertaken
in preparing this report.
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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.
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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.
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