Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 6 June 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), 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), Acting Group Manager Infrastructure (D Light), Team Leader Governance (R Byrne) and Senior Governance Adviser (A Andrews)
Apologies : Nil
Karakia and Mihi Timatanga
1. Apologies
2. Confirmation of Order of Business
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4.1. Te Tau Ihu Palestinian Solidarity - The importance of the Pro-Palestinian Group as part of multi-cultural Nelson/Tasman
Document number R28570
|
Sarai Ferguson, Rajai Shram, Hannah Williams and Rosie Jones, from the Te Tau Ihu Palestinian Solidarity Group, spoke about the vision of the group and the state of Palestinians. They conveyed the issue was about land and not religion. Rajai spoke about the difficulties he has had in retaining jobs due to his support for Palestine. Hannah spoke to a testimony she received from a Jewish patron. Sarai spoke about the objectives of Nelson City Council (NCC) and their responsibility to keep the community safe. |
Councillor Paki Paki stepped away from the table during the above submission at 9.05a.m.
Councillor Paki Paki returned to the meeting at 9.19a.m.
4.2. The Spectacle Limited - Establishing a running event in Nelson
Document number R28600
|
Anni Pfitzinger, Julian Matthews and Michael Cochrane, from The Spectacle Limited, spoke about the International Running Festival they intend to host in Nelson and explained the nature of the event. They highlighted the economic impact of the event and the need to fill the gap in the running calendar during the December period. They mentioned the need for a road closure during the event and highlighted the elite athletes that would attend the event. They answered questions on accessibility for everyone. |
5.1 2 May 2024
Document number M20540, agenda pages 10 - 21 refer.
|
|
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
6.2 Audit, Risk and Finance Committee - 5 June 2024
6.2.1 Internal Audit Plan 2024-2025
|
|
1. Approves the Internal Audit Plan 2024-2025. |
Document number R28590, agenda pages 22 - 33 refer.
The motion was taken in parts.
|
Councillor Sanson noted an interest in the above item and stepped away from the table. His Worship the Mayor explained the good work done by Tasman Environmental Trust and endorsed Councillor Stallard to be the council representative. |
|||||||||
|
Resolved CL/2024/115 That the Council 2. Appoints Councillor Aaron Stallard as the Nelson City Council representative on the Tasman Environmental Trust; |
|||||||||
|
His Worship the Mayor/Rainey Carried |
|||||||||
|
His Worship the Mayor explained the need to improve the relationship with sister cities in China. He stated the declining number of visitors from China to the Nelson region. He answered questions on opportunities in identifying a sister city in an island nation. |
|||||||||
|
Resolved CL/2024/116 3. Approves leave in October for His Worship the Mayor Hon Dr Smith to visit Nelson City Council’s Sister Cities in China; and |
|||||||||
|
Brand/Courtney Carried |
|||||||||
|
His Worship the Mayor spoke to the motion and explained the need for work to be done to increase voter turnout in local democracy. He answered questions on lowering the voter age and intent to engage with councils that have dropped off from LGNZ membership. Attendance: Councillor Anderson left the meeting at 9.47a.m. |
|||||||||
|
Resolved CL/2024/117 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 |
|||||||||
|
Rollo/Hodgson Carried |
|||||||||
|
His Worship the Mayor answered question on the submission process. |
|||||||||
|
Resolved CL/2024/118 5. Approves retrospectively Council’s preliminary submission on the Local Government (Electoral Legislation and Māori Wards and Constituencies) Amendment Bill.
|
|||||||||
|
O'Neill-Stevens/Paki Paki Carried |
|||||||||
|
Resolved CL/2024/119 1. Receives the Mayor's Report (R28590) and its attachment/s (1118544611-7753, 1118544611-7752 and 118544611-7755). |
|||||||||
|
His Worship the Mayor/O'Neill-Stevens Carried |
|||||||||
The meeting was adjourned from 10.30a.m. until 10.39a.m.
8. Submission to New Zealand Transport Agency on Proposed changes to Emergency Works Investment Policies
Document number R28583, agenda pages 34 - 44 refer.
Acting Group Manager Infrastructure, David Light and Team Leader Transport Activity Management, Lyndon Hammond, explained the intent of the report and highlighted the approach on the creation of the policy and the reactive approach it portrays. They answered questions on policy change and its impact on funds yet to be received from the August 2022 nature event, payout figures if the weather event recurred and the ability for the submission to be from both the Mayor and Acting General Manager (Infrastructure).
|
|
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
Document number R28593, agenda pages 45 - 116 refer.
Strategic Adviser, Michelle Joubert, spoke to the report and answered questions on proposed amendments to the Urban Environment Bylaw. Policy Adviser, Ailish Neyland, answered questions about the proposed commercial occupation policy and proposed fee schedule, sandwich boards, evaluation report, variation on payments, rebate extension and opportunities for year 2, busking, impact on businesses without road frontage, staff’s recommendation between option 1 and 2, communication with public, licensing, annual fees and payment options, compliance and enforcement of the changes, removal of explanatory note in the bylaw, changes in power subject to the bylaw changes, downside of adopting this bylaw, car washing in public, golf in public, road reserve considered zone, definition of occupy, previous consultation processes, ability of hearings panel to reinstate sandwich boards if it were to be removed from the decision, date of removal of sandwich boards and its impacts, outcome of 2020 consultation on sandwich boards, the extent of occupation to water bodies, impact on Saturday market after the removal of sandwich boards, do flag count as a sandwich board, retailers’ ability to put up sandwich boards during roadworks, sandwich board option c and its impacts, review process and possible court interrogation.
Attendance: Councillor Anderson returned to the meeting at 11.22p.m.
The motion was taken in parts.
|
|
7. Agrees to, in relation to clause 5.18 and 5.19 of the Urban Environments Bylaw (sandwich boards): Consult on a proposed amendment to the bylaw to prohibit sandwich boards except to the extent allowed under the Nelson Resource Management Plan. |
The meeting was adjourned from 11.35a.m. until 11.47a.m.
The above item was adjourned as the last item of business.
Habitat for Humanity and DesignBase, will be in attendance for Item 3 of the Confidential agenda to answer questions and, accordingly, the following resolution is required to be passed:
|
|
a. 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, Head of Finance and Business Administration Sandra Maxfield, Cam Polglase, Housing Project Manager and Quantity Surveyor from Habitat for Humanity and Peter Marment 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. |
|
|
a. Excludes the public from the following parts of the proceedings of this meeting. b. 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)(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 |
Recommendations from Committees |
|
|
|
|
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 |
|
3 |
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) |
|
4 |
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 |
|
5 |
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) |
|
6 |
Activities in Public Places Consultation – Legal Advice |
|
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege
|
The meeting went into confidential session at 12.24pm and resumed in public session at 3.03pm.
The meeting was adjourned from 3.03pm until 3.12p.m.
11. Activities in Public Places Consultation (Agenda Item 9 reconvened)
Document number R28593, agenda pages 45 - 116 refer.
Strategic Adviser, Michelle Joubert, answered questions about adding an explanatory note to the bylaw for consultation, Council’s current approach regarding people sleeping in the city, whether approach is already part of internal processes, how long has the internal policy been part of the bylaw, the impact of adding the note to the current bylaw and does it increase legal risk with the addition of the note.
The motion was taken in parts.
12. Restatements
It was resolved while the public was excluded:
|
1 |
CONFIDENTIAL: Housing Reserve Grant Applications (Agenda Item 3) |
|
|
4. Agrees that report R28522, the decision and its attachments (336940202-11391 and 336940202-11386) be made publicly available following completion of negotiation. |
|
4 |
CONFIDENTIAL: Expressions of Interest in surplus Council Property in the City Centre |
|
|
6. Agrees that the report R28134, its attachments and decision remain confidential at this time; and 7. Agrees that the report R28134, its attachments and decision be released by the Chief Executive at the appropriate time. |
|
5 |
CONFIDENTIAL: Change to Approved Road Stopping Process |
|
|
4. Agrees that the report R28596 and the decision be made publicly available once the sale and purchase agreements for 305 Akersten Street (Lot 1 DP 18864), 250 Haven Road (Sec 1 SO 453630), part of Part Main Wharf Haven Road (Sec 2 SO 453630), and part of 236 Haven Road (Sec 3 SO 453630) become unconditional. |
|
3 |
Recommendation from Committee: (Agenda item 2) CONFIDENTIAL: Insurance Optimisation |
|
|
That the Council 1. Notes that the recommendations are being taken due to increased premiums over the number of years; and 2. Notes that these recommendations will result in increased financial risk to the Council; and 3. Approves buying approximately $0.8M (18%) less insurance by: a. Reducing our buildings fire ($100M) and building aggregate ($800M) insurance limit; and b. Restricting replacement value coverage to modern buildings (<35 years old); and c. Not insuring flood and fire for medium valued buildings(<$5M); and d. Not insuring smaller valued buildings (<$0.5M); and 4. Agrees that the decision be made publicly available. |
There being no further business the meeting ended at 3.35p.m.
Confirmed as a correct record of proceedings by resolution on 4 July 2024.
|
|
1. Confirms the minutes of the meeting of the Council, held on 6 June 2024, as a true and correct record. |