Logo, company name

Description automatically generated 

 

AGENDA

Ordinary meeting of the

 

Saxton Field Hearings Panel

 

 

Friday 14 June 2024
Commencing at 9.30a.m. - to Deliberate on feedback to the amendment to Saxton Field Reserve Management Plan
Nelson City Council Chamber

Floor 2A, Civic House

110 Trafalgar Street, Nelson

 

Membership:

Chairperson                    Chairperson Derek Shaw

Members                        Cr Campbell Rollo

        Cr Tim Skinner

        Cr Barry Dowler

        Cr Glen Daikee

Quorum: 3


Saxton Field Committee

The Saxton Field Committee is a joint committee of Nelson City and Tasman District Councils.  It is governed by a Terms of Reference (A1342334). 

Areas of Responsibility:

The Committee is responsible for:

·                Considering proposals for reserve development

·                Promotion and marketing of Saxton Field as a regional venue

·                Capital development of Saxton Field

·                Developing a naming and signage policy and considering requests under this policy

·                Considering applications for leases and licenses

·                Activities, developments and management actions provided for in the adopted Saxton Field Reserve Management Plan and associated policies

·                Developing a work programme including any community consultation required.

Powers to Decide

·                Matters relating to items provided for in the approved operations, capital expenditure and maintenance budgets for Saxton Field

·                Matters relating to marketing of Saxton Field, within approved budgets and policies

·                Approval of applications for concessions

Powers to Recommend to Councils:

The Committee has powers to recommend to the Nelson City Council, and the Tasman District Council:

·                Future capital works programmes

·                Financial contributions for the operations, maintenance and capital development of the reserve

·                Reserve policies for approval including the Saxton Field Reserve Management Plan and any Development Plan

·                Leases, licenses and easements (to the relevant Council)

·                Any other matters within the areas of responsibility noted above

·                All recommendations to Council will be subject to adoption of an equivalent resolution by the other Council, unless it is a matter specific to one Council only.

Quorum:

·                The Quorum for the Saxton Field Committee is three, including at least one member from each local authority.

Procedure:

·                The Standing Orders of the Council providing administration to the committee shall be applied at each meeting.

·                The Chairperson  will not have a casting vote

·                Copies of minutes of meetings of the Saxton Field Committee will be retained by each Council for record keeping purposes

 

 


Saxton Field Committee

14 June 2024

 

Page No.

Karakia and Mihi Timatanga

 

1.       Apologies

Nil

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Public Forum

          There is no public forum.

5.       Confirmation of Minutes

5.1      7 June 2024

6.       Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising)                                                 8 - 138

Document number R28537

Recommendation

That the Hearings Panel

1.    Receives the report Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising) (R28537) and its attachments (196698121-57978 and 196698121-57920); and

2.    Agrees having considered the written and oral submissions, that the proposed amendments to the Saxton Field Reserve Management Plan as set out in Attachment 2 (196698121-57920) of Report R28537 provide appropriate wording for the alcohol policy in the Saxton Field Reserve Management Plan.

 

 

 

Recommendation to the Joint Committee

That the Joint Committee of Tasman District and Nelson City Councils

1.    Adopts in accordance with Section 41 of the Reserves Act 1977, and Part 6 of the Local Government Act 2002, the amendments to the Saxton Field Reserve Management Plan as set out in Attachment 2 (196698121-57920) of Report R28537; and

2.    Notes the recommendation from Te Whatu Ora and Alcohol Healthwatch that the councils consider updating the Nelson Tasman Regional Alcohol Strategy 2006; and

3.    Notes the recommendation from Alcohol Healthwatch that the councils advocate for policy change that enables local government to better reduce alcohol marketing exposure in their environments.

 

Karakia Whakamutanga

 

 


Logo, company name

Description automatically generated                

 

Minutes of a meeting of the

Saxton Field Committee

Te Kōmiti o Saxton

Held in the Nelson City Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 7 June 2024, commencing at 9.32a.m. - to hear feedback on amendment to Saxton Field Reserve Management Plan

 

Present:              D Shaw (Chairperson), Nelson City Councillors C Rollo and T Skinner and Tasman District Councillors G Daikee and B Dowler

In Attendance:    Nelson City Council Group Manager Community Services (A White), Tasman District Council Group Manager Community Infrastructure (R Kirby), Tasman District Council Group Manager Environmental Assurance (K Drummond), Tasman District Council Group Manager Finance (M Drummond), Senior Governance Adviser (A Andrews) and Governance Adviser (A Bryce)

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, and no interests with items on the agenda were declared.

Chairperson, Derek Shaw, advised he was a panel member on Nelson City Council’s District Licensing Committee but did not consider this conflicted with the matters being heard.

4.       Public Forum

There was no public forum.

5.       Hearing - Draft Saxton Field Reserve Management Plan Amendments (relating to alcohol)

Document number R28564, agenda pages 4 - 115 refer.

Principal Parks and Facilities Activity Planner, Paul Harrington, took the report as read and tabled two additional and one late submission (196698121-57998, 196698121-57999 and 196698121-57997). He provided updates to the submission page numbers in the officers report.

Resolved SAX/2024/001

 

That the Saxton Field Hearings Panel

1.    Receives the report Hearing - Draft Saxton Field Reserve Management Plan Amendments (relating to alcohol) (R28564) and its Attachments (196698121-56658, 1982984479-7549 and 96698121-57926); and

2.    Accepts the additional submissions (196698121-57998 and 196698121-57999) and the late submissions (196698121-57997) (tabled at the meeting) on the Draft Saxton Field Reserve Management Plan Amendments (relating to alcohol).

Skinner/Rollo                                                                                Carried

 

Attachments

1    196698121-57998 Additional Submission - Jo McNabb 33350

2    196698121-57999 Additional Submission - Paul Burgess 33351

3    196698121-57997 Late Submission - Hospitality NZ

5.1      Howard Williams – 33248 – Did not arrive

5.2      Bruce Struthers – 33272

Bruce Struthers, tabled his speaking notes (1982984479-7619), provided a presentation (1982984479-7618) and spoke to his submission. He answered questions on the alcohol advertising and policy amendments.

5.3      Peter McCosker – 33299

Peter McCosker spoke to his submission.

5.4      Dr Rachel Eyre – Te Whatu Ora – 33327

Public Health Medicine Specialist / Medical Officer of Health / Acting Clinical Director Te Whatu Ora, Dr Rachel Eyre, provided a presentation (1982984479-7623) and spoke to her submission. She answered questions on alcohol restriction policy timeframes and provided perspective on 0% alcoholic beverages.

5.5      Andrew Galloway - Alcohol Healthwatch (Auckland) – 33334

           Executive Director and Health Promotion Adviser, Andrew Galloway, spoke to his submission. He answered questions on central government   alcohol levy.

5.6      Andy Leonard - Nelson Cricket Association – 33336

Chair Nelson Cricket Association, Andy Leonard, tabled his speaking notes (1982984479-7608), provided a presentation (1982984479-7607) and spoke to his submission. He answered questions on economic impact and reduction of advertising at the Saxton Oval.

5.7      Kent Inglis – 33346 – Did not arrive

5.8      Jock Sutherland – 33346

Jock Sutherland, spoke to his submission. He answered questions on his views on commercial vs retail alcohol advertising and international standards of the stadium.

Tabled Documents Saxton Field Hearings Panel (7 June 2024)

The following documents were provided in support of the hearings of submissions.

Attachments

1    1982984479-7619 Bruce Struthers Speaking Notes

2    1982984479-7618 Bruce Struthers PowerPoint

3    1982984479-7623 Dr Rachel Eyre PowerPoint

4    1982984479-7608 Nelson Cricket Association Speaking Notes

5    1982984479-7607 Nelson Cricket Association PowerPoint

Karakia Whakamutanga

There being no further business the meeting ended at 10.27a.m.

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

Resolved

 

 


 

Item 5: Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising)

 

 

Saxton Field Hearings Panel

14 June 2024

 

Report Title:             Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising)

Report Author:         Paul Harrington - Principal Planner - Parks and Facilities Activity

Report Authoriser:   Andrew White - Group Manager Community Services

Report Number:       R28537

 

 

1.       Purpose of Report

2.       To assist the Hearings Panel to deliberate on the submissions received on the proposed amendments to the Saxton Field Reserve Management Plan 2021 (SFRMP) in relation to alcohol advertising and make recommendations to the Joint Committee.

3.       Summary

3.1      This report has been prepared to assist the Hearings Panel with its deliberations on the submissions received on the proposed amendments to the SFRMP in relation to alcohol advertising. It summarises the key issues and themes raised by submitters and outlines recommended options for changes to the SFRMP to be recommended to the Joint Committee.

4.       Recommendation

 

That the Hearings Panel

1.    Receives the report Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising) (R28537) and its attachments (196698121-57978 and 196698121-57920); and

2.    Agrees having considered the written and oral submissions, that the proposed amendments to the Saxton Field Reserve Management Plan as set out in Attachment 2 (196698121-57920) of Report R28537 provide appropriate wording for the alcohol policy in the Saxton Field Reserve Management Plan.

 

Recommendation to the Joint Committee

That the Joint Committee of Tasman District and Nelson City Councils

1.    Adopts in accordance with Section 41 of the Reserves Act 1977, and Part 6 of the Local Government Act 2002, the amendments to the Saxton Field Reserve Management Plan as set out in Attachment 2 (196698121-57920) of Report R28537; and

2.    Notes the recommendation from Te Whatu Ora and Alcohol Healthwatch that the councils consider updating the Nelson Tasman Regional Alcohol Strategy 2006; and

3.    Notes the recommendation from Alcohol Healthwatch that the councils advocate for policy change that enables local government to better reduce alcohol marketing exposure in their environments.

 

5.       Background

5.1      On 16 April 2024 the Saxton Field Committee adopted draft amendments to the SFRMP in relation to alcohol advertising.

5.2      The SFRMP disallowed alcohol advertising at Saxton Field, which has frustrated the ability to host international cricket matches in Nelson due to existing contractual arrangements. This issue is further detailed in the report to the 16 April 2024 meeting of the Committee.

5.3      The proposed amendments were publicly advertised on 6 May 2024 and a public consultation period was open until 24 May 2024.

5.4      150 submissions were received, including one late submission that was tabled and accepted at the hearing which was held on 7 June 2024. Full submissions are provided in Attachment 1.

Hearings Panel purpose

5.5      The role of the Hearings Panel is to consider the submissions received and recommend to the Joint Committee the extent to which the proposed amendments should be approved, approved with variation or rejected.

5.6      The officer recommendations provide an indication of the views of staff.

6.       Matters raised in submissions

6.1      This section gives an overview of the points raised in submissions. As expected submitters are generally polarised in their opinion, either for or against the amendments and as such it is not considered necessary to “accept or reject” individual submissions one by one. Rather, comments are summarised below, presented together under “in support” or “in opposition” headings, where they are further grouped into broad themes. This section is followed by an overview of iwi feedback, discussion and a recommendation.

6.2      Of the total 150 submissions, 122 indicated they were in support of the amendments and 27 were in opposition based on the Yes/No question (one submitter did not answer the question). Following review of submissions officers are confident this number can be revised to 123 in support and 27 in opposition[1].

Comments made in support of the amendments

6.2.1   Use of facility/opportunity

·    World class facility - need to be able to attract more games to the oval

·    Agree alcohol causes harm however banning it from games at Saxton Field will achieve nothing (games will go to other regions)

·    “No” is punishing the community/the people that get will penalised will be the local fans who miss out

·    The loss of those very few sporting events would likely have greater negative impact on the health and wellbeing of the younger population by them not being engaged and inspired by a healthy activity (elite sport) than the possibility of seeing some advertising/benefits to kids from watching sport - activity and sport participation is promoted by watching premier matches

·    Saxton Field is one of the best grounds in the country, it’s a shame it cannot be used for more international games

·    Will be a wasted resource/return on investment/stadium won’t justify its existence

·    Losing matches would fail the region

6.2.2   Economic

·    Value/revenue games bring, helps struggling economy

·    International cricket is a showcase for Nelson

·    Keeps spend in the region

·    Exposure of region, global audiences

·    Visitors/tourism to the region

·    Liveability for locals

·    Cost already high to bring games to Nelson (need to reduce barriers)

·    Need security of holding events (or games will be taken elsewhere)

6.2.3   Pragmatism

·    Sensible balance/pragmatic approach

·    Harm alcohol causes in society is acknowledged but drawing a direct line to advertising at a few games per year seems disproportionate

·    Need to let people make their own decisions

·    Issue should be dealt with at the national level not at local council level, to create a level playing field

·    The good outweighs the bad

·    Games are infrequent

·    Minimal branding is displayed/doesn’t stand out/wasn’t aware of it until issue was debated

·    Ban was a mistake – ramifications were not envisaged

6.2.4   Perceived inconsistencies

·    There is alcohol advertising everywhere around us, it shouldn't matter if it occurs just for those matches

·    Comparison with beer and wine section of supermarket

·    Inconsistency with other events and festivals on council land where alcohol is served and celebrated (Marchfest, Gindulgence)

·    Inequity with other sponsors e.g. fast food brands

·    Ban won’t prevent exposure, matches are contestable, kids will watch it on TV and see the advertising at other grounds

·    Impact worse if watching on TV, reach is wider

 

 

6.2.5   Suggestions

·    Balance the advertising with educational signs

·    Expand to include advertising at domestic and other codes

·    Don’t phase advertising out

Comments made in opposition to the amendments

6.2.6   Public health

·    Alcohol is an addictive drug that harms - costs to health, wellbeing and community services in our district

·    20% of population are problem drinkers

·    Advertising causes an increase in alcohol consumption in the community

·    Domestic violence is associated with alcohol consumption

·    Advertising promotes normalisation of alcohol

·    Children exposed to alcohol advertising start drinking at younger age

·    Oppose but if it does go ahead limit to international cricket

·    Advertising in sport increases potency and harm by capitalising on excitement to increase positive attitudes towards alcohol

6.2.7   Leadership and principles

·    Need to show leadership

·    Organisations/codes should get a clear message to seek sponsorship elsewhere

·    Alcohol advertising is not a requirement in sports, especially not at public/family-oriented sports events

·    Alcohol and sport do not go together, shouldn’t be linked

·    Nelson/Tasman should do better than the Government by not caving in to pressure

·    If we capitulate now then its unlikely it will be phased out

·    Sends wrong message to youth

·    Promotes drinking culture

·    Comparisons drawn with tobacco advertising

·    Suggestions that there are plenty of other sponsors

·    Feels like pandering to a special interest

·    Profits shouldn’t go before wellbeing

·    Sponsor in question has non-alcoholic products that could be advertised

·    Timeline should have enabled NZ Cricket to be aware of the policy when it signed with sponsor

·    Cost of in-ground advertising is much cheaper than digital marketing, which is why companies push for it

·    Noted that community had already expressed its view (through the development of the Reserve Management Plan 2021)

Specific wording suggestions

6.2.8   The following suggestions were made in relation to the proposed wording, and are discussed further in Section 0 below.

·    Submissions 33261 and 33267 suggested that alcohol advertising should not be phased out.

·    Submission 33327 (Te Whatu Ora) sought for the amendments to be rejected, but if accepted that the exemption be limited to international matches with contractual sponsorship in place. Additionally, varied wording was proposed that clarifies timeframes for phasing out alcohol advertising. The submission also recommends that the councils consider updating the Nelson Tasman Regional Alcohol Strategy 2006.

·    Submission 33272 (Bruce Struthers) proposed alternative wording relating to policy 4.8.2.3.

·    Submission 33334 (Alcohol Healthwatch) sought for the amendments to be rejected, but if accepted that this be limited to international cricket fixtures only. The submission also recommends that the councils consider updating the Nelson Tasman Regional Alcohol Strategy 2006 and advocate for policy change to enable local government to enable changes such as the prohibition of alcohol advertising in their environments.

7.       Engagement with Māori

7.1      Iwi were approached for feedback in early April and again on 1 May 2024. Feedback was received by email from Te Ātiawa, Ngāti Koata and Ngāti Toa Rangatira who advised they do not have strong objections, are comfortable with the approach or do not have further comments to make.

7.2      On 15 May 2024 officers presented Te Ohu Whakahaere hui with iwi managers.

7.3      The feedback provided during the 15 May 2024 Te Ohu Whakahaere hui conveyed a general theme of opposition to alcohol and alcohol advertising, and consequently opposition to the proposed amendments. Pou Whakahaere discussed the disproportionate impact on Māori of alcohol and that if it were to be allowed then the advertising needed to be balanced with safety messages noting its risks and impacts. An ‘elephant in the room’ was mentioned in that alcohol was still available and being served regardless of whether it was being advertised. It was also noted that watching cricket was potentially not as popular with Māori than some other codes[2]. Pou Whakahaere were given until 31 May 2024 to provide any further input in relation to the proposed amendments. No further input was received.

7.4      One Iwi also raised the possibility that historic grant funding agreements for Saxton Field developments (e.g. the Saxton Oval Pavilion) may include provisions relating to the advertising of alcohol. A subsequent search of council records and archives did not identify any agreements or funding conditions that made an explicit statement relating to alcohol advertising.

8.       Discussion

General comments

8.1      By the weight of submission numbers alone there is considerably more support for the amendment to enable alcohol advertising during international cricket games, with four and a half times the number of submissions received in support of the amendment. Decision makers need to be wary however of making judgements based on numbers alone. It is noted for example that a higher percentage of supporters of the amendments ‘ticked the box’ but did not provide any comments, when compared with those in opposition.

8.2      There is little doubt that the advertising of alcohol is a contributor to a range of societal issues. What is in question through this proposal is the degree to which this is exacerbated by enabling it at international cricket games in Nelson, and the community’s response to this proposal.

8.3      Several submitters provided compelling evidence of the issue of alcohol and alcohol advertising in general, which was also referenced in the 16 April 2024 officer’s report to the Committee. No specific information or evidence was provided however that identified or estimated the impact of the particular decision at hand i.e. the additional impact or harm likely to be caused by the exposure generated by alcohol advertising being allowed during international cricket matches, in the frequency and form proposed.

8.4      It is also noted that should the amendment not proceed, it is highly likely that the games would be played elsewhere and the receiving community in that location be subjected to the same exposure (with Nelson locals potentially watching the games on TV where they could arguably be more potently exposed). Principles aside, this could be considered to be simply shifting the problem elsewhere.

8.5      Regarding the comment that the community had already expressed its view on this matter through the development of the Reserve Management Plan 2021, officers have reviewed submissions received through that process and note that the advertising of alcohol was raised by just one submitter (Nelson Marlborough Health). Alcohol consumption generally was noted by around ten submitters in response to the front-footed question around smoke/vape-free and the sale and consumption of alcohol (these submitters supported controlling the sale and consumption of alcohol). It is also noted that under s41(4) of the Reserves Act 1977 a management plan is to be kept under continuous review so that the plan can be adapted to changing circumstances or in accordance with increased knowledge.

8.6      Reflecting on the discussion with Iwi at the 15 May 2024 hui, it is noted that the emphasis was often in relation to alcohol consumption and advertising generally (e.g. general opposition to any investment in selling or advertising alcohol). A principled position was formed which informed Pou Whakahaere discussion on the present matter. Consideration needs to be given to the degree that this general position relates to the impact of the decision at hand.

8.7      It is also noted that the evidence presented to the hearing by Te Whatu Ora indicated that across New Zealand Māori have a higher rate of hazardous drinking compared with ‘European/Other’, but that Māori have a lower rate in Nelson/Tasman[3]. In relation to risk and health for Māori this could potentially indicate a net detriment should the games be moved elsewhere.

 

 

Discussion in relation to specific submissions in opposition or seeking changes to what was proposed

Submission 33327 (Te Whatu Ora)

8.8      Te Whatu Ora opposed the amendments and provided information on the issues and harm generated by alcohol and alcohol advertising. Te Whatu Ora submitted that should the amendment be accepted, any advertising be limited to international matches who have contractual sponsorship (Point 1) and the wording around phasing out should be strengthened and include beginning and end dates for the phase out, and that an action plan and timeline be immediately developed (Point 2).

8.9      With regards to Point 1, the contractual sponsorship requirement is already in place in the draft amendments.

8.10    Point 2 relates to the introductory and expectations text and seeks the immediate development of an action plan and timeline to phase out the advertising of alcohol for international cricket at Saxton Field.

8.11    Officers do not think this is warranted particularly given the uncertainty around future Government policy and future arrangements NZ Cricket may or may not have with sponsors. A timeline is already stipulated (next plan review) which gives ample warning to relevant stakeholders.

8.12    There is also no certainty that stakeholders today will be the same in the future, or have the same views as they would in future, and it is therefore considered questionable as to whether such an action plan developed now would retain its validity over this timeframe.

8.13    Finally, there is a limit to the level of control and influence councils can have on Government policy or the funding choices of national sporting associations, however it is considered that any influence would be best placed in the reserve management plan itself rather than a separate action plan, which could lose visibility over time. The wording in the draft amendments is considered to clearly signal the region’s position.

8.14    The proposed introductory wording includes reference to encouraging organisers to reduce advertising and avoiding in-venue promotions and activations. Clause 4.8.1.2 provides an expectation that work will be undertaken in advance of the next plan review. A middle ground is considered appropriate whereby an additional policy (4.8.2.5) be included to reflect the introductory and expectations text, that better directs the actions expected through 4.8.1.2:

4.8.2.5   Prior to the next full review of this Plan, collaborative work will be undertaken with relevant stakeholders in relation to the alcohol advertising enabled by policy 4.8.2.4, noting the expectation expressed in 4.8.1.2 (that advertising of alcohol will be phased out by the time of the next review).

8.15    Another option considered was to add a policy directing the councils to maintain a watching brief on national policy and sporting sponsorship arrangements with a view to bringing forward the collaborative work and policy review should alcohol-related sponsorship cease in the interim. This is not considered necessary as the policy will already become somewhat redundant if such changes occur.

8.16    The submission also recommends that the councils consider updating the Nelson Tasman Regional Alcohol Strategy 2006 which, while outside of the scope of this decision, is noted in the recommendations to the Joint Committee.

Submission 33272 (Bruce Struthers)

8.17    This submission provided commentary on the timeline of NZ Cricket signing with the present sponsor, and provided insights into the advertising industry (e.g. cost benefits of in ground vs digital marketing). This information is not considered to necessarily influence the issue at hand, which primarily relates to health impacts.

8.18    The submitter proposed an alternative to policy 4.8.2.3: “No physical or electronic display product [sic] advertising is permitted anywhere on any sports venue within Saxton Field at any time”. As drafted this would remove the ability for any advertising including sponsorship, however assuming this is intended to relate only to alcohol advertising, the suggestion is essentially the same as rejecting the proposed amendments, and is not recommended.

Submissions 33261 and 33267

8.19    These submitters suggested that the plan should not signal that alcohol advertising is expected to be phased out. These comments were not substantiated with significant information or reasoning, and given the concern expressed through other submissions it is recommended this suggestion be rejected.

Balancing alcohol advertising with educational signage

8.20    Suggestions that balancing alcohol advertising with educational signs have merit, and are considered to be better dealt with on a case by case basis rather than trying to include a workable direction in the Reserve Management Plan.

8.21    This could be a condition of an alcohol licence or among the safeguards the Chair and Chief Executives stipulate as part of the final decision making process on a proposal for advertising of alcohol at an international cricket fixture.

 

 

Submission 33334 (Alcohol Healthwatch)

8.22    Alcohol Healthwatch sought for the amendments to be rejected, but if accepted that this be limited to international cricket fixtures only (which is accommodated in the recommended amendment).

8.23    The submission also recommends that the councils consider updating the Nelson Tasman Regional Alcohol Strategy 2006 and advocate for policy change to enable local government to better reduce alcohol marketing exposure in their environments. While outside of the scope of this decision, these suggestions have been noted in the recommendations to the Joint Committee.

9.       Legal context

9.1      Saxton Field is a mixture of Recreation Reserve that has been vested in the Councils as administering bodies and Local Purpose Reserve. There is also an area of freehold land that is leased from Radio NZ.

9.2      The subject amendments are therefore being approved under section 41(13) of the Reserves Act 1977 and Part 6 of the Local Government Act 2002.

9.3      This aligns with the 16 April 2024 decisions of the Saxton Field Committee where it was resolved that proposed amendments were not a comprehensive review of the SFRMP and that the Councils could follow a procedure they thought appropriate, having regard to section 41 of the Reserves Act 1977 and Part 6 of the Local Government Act 2002.

10.     Recommendation

10.1    Officers recommend proceeding with the proposed amendment with the addition of a policy that reinforces the expectation that alcohol advertising is phased out (see Attachment 2).

10.2    With present national policy settings, this is a difficult issue for councils that wish to take a different stand. The wider concern is certainly acknowledged and accepted, but in this context it is considered to be unreasonable for a region enforce such a ban and jeopardise international fixtures coming to the region.

10.3    It is noted however that regardless of this amendment, leadership is still being shown by the councils. International cricket is an outlier at Saxton Field, and the amended Reserve Management Plan sends a clear message around future expectations. The remainder of the policy remains intact meaning for all other events and users of Saxton Field, including the hundreds of tamariki who come to play sport most days of the year, there is to be no advertising of alcohol present.

10.4    The key consideration is how much risk and harm will increase as a result of two or three games of international cricket per year. Given the infrequency of games and the nature of the advertising concerned, it is considered important that the known issues with alcohol consumption and advertising are considered in the context of the present proposal, which is by no means considered to be ‘opening the floodgates’.

10.5    It is acknowledged that this is a cumulative issue, including one of normalising alcohol, however there is an absence of specific evidence relating to the increased risk and harm these amendments would generate. Given New Zealand’s very liberal policy context and the consequent scale and prevalence of alcohol and alcohol advertising across the motu (meaning children are already regularly exposed to the advertising and numerous other high profile sporting groups have agreements with alcohol companies e.g. the All Blacks, Tasman Mako, Nelson Giants), not allowing the advertising to occur during a few international games per year is considered disproportionate and unreasonable.

10.6    It is hoped that in due course appropriate Government policy will be introduced that provides an equitable solution for all of the country and consequently enable all regions to be on an equal footing. In the meantime, there doesn’t appear to be a net benefit of shifting the issue elsewhere.

10.7    Submitter 33223 is considered to sum up the recommendation succinctly: “No one wants to diminish the harm alcohol causes in society but to draw a direct line to some advertising at a couple of games per year seems disproportionate. The benefit the community gets from international cricket is marked both economically and in terms of wellbeing”.

11.     Options

11.1    The obligation is now on the Hearing Panel to deliberate and make decisions on the submissions received. Three options exist as a consequence of the public consultation process that has been undertaken, noting submitters were relatively polarised in their views with representatives of both viewpoints raising valid points. This means that all options bear some risk of being seen as a failure to listen. These options are discussed below.

Option 1: accept amendments as advertised

11.2    Recommend to the Councils that the draft amendments are accepted as consulted on, which would allow advertising of alcohol to occur during international cricket matches.

11.3    This option would largely satisfy submitters who supported the amendments, predominately for reasons relating to hosting international cricket in the region, capitalising on the use of the cricket facility, economic benefit and pragmatism.

11.4    This option is appropriate if the Panel feels no change to the document is needed following submissions. This is not the option recommended by staff.

Option 2 (recommended): accept amendments with changes as a result of submissions

11.5    Recommend to Councils that the draft amendments are accepted but with changes based on feedback from submitters.

11.6    This option is recommended by staff and the further change suggested is to include a policy that directs collaborative work with relevant stakeholders prior to the next review.

11.7    The Panel may wish to make other amendments instead of or in addition to those proposed by staff.

11.8    This would allow advertising of alcohol to occur during international cricket matches and would largely satisfy submitters who supported the amendments, while the further amendment may go some way to satisfying those submitters whose broader points have not been accepted, however it is would not satisfy submitters whose views have not been incorporated into the amended document.

Option 3: reject amendments

11.9    Recommend to Councils that the draft amendments be rejected and the Plan remain with a ban on all alcohol advertising.

11.10  This option would satisfy those submitters who oppose the amendments, predominately for reasons concerning public health and showing leadership. This option is not recommended by staff.

 

Option 1: Accept amendments as advertised

Advantages

·   Certainty for international cricket organisers and Councils

·   Advertising is limited to international cricket events

·   Considered an appropriate balance between economic, community and social wellbeing opportunities from hosting international cricket matches, and the additional risk that exposure to alcohol advertising at such events brings

·   Reserve Management Plan retains leadership by:

banning all alcohol advertising aside from international cricket matches

acknowledging issue with advertising alcohol

signalling expectation that alcohol advertising will be phased out at next review

·   Supports the view of the majority of submitters

Risks and Disadvantages

·   Advertising alcohol at Saxton Field adds to a cumulative exposure which is a known public health issue

·   Expectation that alcohol advertising will be phased out at next review is not reflected in policy

Option 2: Accept amendments with changes as a result of submissions (recommended)

Advantages

·   As per Option 1, but additional policy directing collaborative work with relevant stakeholders prior to the next plan review more firmly supports associated expectation around phasing out of alcohol advertising

Risks and Disadvantages

·   Advertising alcohol at Saxton Field adds to a cumulative exposure which is a known public health issue

Option 2: Reject amendments

Advantages

·   Adheres to 2021 Reserve Management Plan policy, demonstrating leadership in relation to alcohol advertising at sporting events

·   Reduced exposure to alcohol advertising for public

·   Gives certainty to event organisers – alcohol advertising is not permitted and should organisers wish to use the venue, alternative sponsorship agreements would be required

·   Given the polarised views of submitters this option could be valid, as it is clear there is community representation that supports forgoing international cricket matches in the region rather than permit alcohol advertising present at the matches

Risks and Disadvantages

·   Highly likely this would mean no further international cricket matches held at Saxton Field in the foreseeable future, with associated potential loss of economic and community benefit

·   Potential reputational risk

·   Immediate future of Saxton Oval as an asset would need to be reviewed

·   Rejects majority of submissions that supported the amendment to allow alcohol advertising

12.     Conclusion and Next Steps

12.1    Officers recommend confirming the amendments with additional policy wording that directs collaborative work with relevant stakeholders prior to the next plan review.

12.2    The next steps are for the recommendations of the Hearings Panel to be presented to the Joint Committee of Tasman District and Nelson City Councils for adoption.

12.3    Officers will then update the Saxton Field Reserve Management Plan as required.

 

13.  Important considerations for decision making

13.1    Fit with Purpose of Local Government

This decision to seek views from the public on amending the Saxton Field Reserve Management Plan has enabled democratic decision-making by and on behalf of communities.

13.2    Consistency with Community Outcomes and Council Policy

An earlier exemption to allow alcohol advertising for three international cricket games was inconsistent with the policy included in the Saxton Field Reserve Management Plan 2021. 

Consulting on a proposed change to the Reserve Management Plan has allowed community input on the proposed change before a decision is made.

A decision in support of the recommendation would be in line with the provision in the Councils’ Long Term Plans to provide for international events at Saxton Field.

13.3    Risk

 Known risks and harm associated with increased exposure to alcohol advertising. This risk is no greater than pre-2021 levels (before the current policy was introduced) and needs to be balanced with reputational risk of losing games as well as the economic and community wellbeing benefits that international cricket games provide for the region.

 

13.4    Financial impact

There is no noteworthy financial impact in relation to these deliberations and recommendations, other than the direct financial impact to the city of losing international cricket games.

13.5    Degree of significance and level of engagement

Based on the below assessment of the Nelson City Council and Tasman District Council Significance and Engagement Policies, this matter is considered overall to be of medium significance. The public engagement process that this report is a part of is considered appropriate.

·      The decision does not impact the ownership of a ‘strategic asset’.
(Low significance)

·      The proposed policy change does not impact on levels of service provided by Council or the way in which services are delivered, but does have an impact on how often a key facility can be used.
(Low significance)

·      The decision is not irreversible
(Low significance)

·      The decision is considered to have a moderate impact on sections of the community for two broad reasons. On those attending the events, who are exposed to alcohol advertising; and on the number of people able to attend significant events (e.g. if the events no longer occur).
(Medium significance)

·      There is some history of the matter generating public interest through media coverage and directly from NPHS-NM, Nelson Cricket and Central Districts Cricket, which has the potential to generate a degree of controversy.
(Medium significance)

·      The proposed change does not impact on Council’s financial capacity and capability.
(Low significance)

·      The wider impact of the decision has the potential to impact social wellbeing of the community, particularly the young or vulnerable, through exposure to alcohol advertising which is matched with sporting values (success, heroes, fun, endurance, connection). However this is part of a wider cumulative issue and the scale of impact from this venue alone is not easily quantifiable.
(Medium significance)

·      The proposed change does not impact on Council’s ability to mitigate climate change.
(Low significance)

·      The proposed change does not involve the sale of a CCO/CCTO.
(Low significance)

·      The proposed change does not involve partnership with the private sector.
(Low significance)

The proposed decision could impact an existing activity, that being international cricket matches being played in the region.
(Medium significance)

13.6    Climate Impact

This decision would have little or no climate change impact.

13.7    Inclusion of Māori in the decision making process

Iwi were first approached for feedback early in April, with a follow up 1 May 2024. On 15 May 2024 officers presented Te Ohu Whakahaere hui.

Iwi feedback is discussed in section 0 of the report and in the discussion.

13.8    Delegations

Based on the below delegations and resolutions, the Saxton Field Committee has the power to hear and deliberate on submissions, and the power to make recommendations to the Joint Committee of Nelson City and Tasman District Councils.

The Saxton Field Committee has the following delegations to consider alcohol advertising in the Saxton Field Reserve Management Plan.

Areas of Responsibility:

·     Promotion and marketing of Saxton Field as a regional venue

·    Activities, developments and management actions provided for in the adopted Saxton Field Reserve Management Plan and associated policies

·    Developing a work programme including any community consultation required

 

Delegations:

·    Approval of the draft Saxton Field Reserve Management Plan for public consultation, to undertake the public consultation process and to be the Hearings Panel to hear and deliberate on the submissions for the draft Saxton Field Reserve Management Plan

Powers to Recommend (if applicable):

·    Reserve policies for approval including the Saxton Field Reserve Management Plan and any Development Plan

·    All recommendations to Council will be subject to adoption of an equivalent resolution by the other Council, unless it is a matter specific to one Council only

At 22 March 2024 meeting the Nelson City Council resolved the following:

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

At its 28 March 2024 meeting the Tasman District Council resolved the following:

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

At its 16 April 2024 meeting the Saxton Field Committee resolved the following:

·    appoints a Hearings Panel to hear and deliberate on the submissions received on the draft amendments to the Saxton Field Reserve Management Plan and to make a recommendation to the Joint Committee, with the membership comprising of:

Chairperson Derek Shaw

Nelson City Councillors – Tim Skinner and Campbell Rollo

Tasman District Councillors – Glen Daikee and Barry Dowler; and

·    notes the Hearings Panel quorum of 3 members, with a minimum of 1 Elected Member from each Council.

Attachments

Attachment 1:   196698121-57978 - Full submissions including late submission

Attachment 2:   196698121-57920 - Recommended amendments to Saxton Field Reserve Management Plan following consultation  

 


Item 5: Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising): Attachment 1















































































































 

.


Item 5: Deliberations on submissions in relation to proposed amendments to the Saxton Field Reserve Management Plan (alcohol advertising): Attachment 2





[1] Submitter 33236 did not check either the “Yes” or “No” box but it is clear that they oppose the amendments. It would appear from the content of submission 33344 that the submitter has accidentally checked the “No” box when the intent was “Yes”, and did the reverse for the question about presenting to the hearing which was checked “Yes” but no contact was able to made.

[2] Officers were unable to source spectator data, but Sport NZ indicate that 5% of all young people play cricket compared with 4% for Māori, and 3% of adults play cricket compared with 3% for Māori. Therefore there is no significant difference in participation.

[3] Slide 5 of Te Whatu Ora’s presentation, 7 June 2024 (NDOCS-1982984479-7623): Hazardous drinkers: prevalence rate for total population by ethnicity and regional council.