Agenda of Hearing Panel - Friday, 6 September 2024

Hearing Panel

6 September 2024

Page No.

Karakia and Mihi Timatanga

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Ngāti Tama - Supporting their recommendations of names for the unnamed road off of Cable Bay Road

Dayveen Stephens, Environmental Manager, Ngāti Tama and Andrew Stephens, Ngāti Tama, will speak about their recommendations of names for the unnamed road off of Cable Bay Road presented to NCC for consideration, including cultural significance and importance of visual signage.

4.2 Residents from Unnamed Road Supporting their recommendation of a name for the unnamed road off Cable Bay Road

Kevin Woodward, Lachlan Banks and Peter Ruffell, will speak on behalf of the residents of the unnamed road off Cable Bay Road, in support of the name Thorndale.

5. Confirmation of Minutes

5.1 26 July 2024 6 - 8

Document number M20669

Recommendation

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 26 July 2024, as a true and correct record.

6. Naming an existing unnamed public road 9 - 19

Document number R28764

Recommendation

That the Hearing Panel

1. Receives the report Naming an existing unnamed public road (R28764) and its Attachments (756385493-55287, 756385493-55288, 756385493-55272 and 756385493-55273); and

2. Approves the name Hawaiki Lane for the road shown on the plan in Attachment 1 - Map showing unnamed Nelson City Council public road (756385493-55287).

7. Traffic and Parking Bylaw Updates 20 - 38

Document number R28693

Recommendation

That the Hearing Panel

1. Receives the report Traffic and Parking Bylaw Updates (R28693) and its attachments (1355221503-28045, 1355221503-28077, 1355221503-28050, 1355221503-28065, 1355221503-28068, 1355221503-28072, 1355221503-28049, 1355221503-28076, 1355221503-28063 and 1355221503-28078); and

2. Approves Restricting Parking on certain roads as described in Report 28693 4.2 – 4.7 and shown in the accompanying attachments; and

3. Approves Reserved Mobility Parking described in Report 28693 4.9 and shown in accompanying attachments; and

4. Approves Other Reserved Parking described in Report 28693 4.11 and shown in the accompanying attachments; and

5. Approves Time Restricted Parking Zones as described in Report 28693 4.13-4.14 and shown in the accompanying attachments; and

6. Approves Vehicle and Road Use as described in Report 28693 4.16 and shown in the accompanying attachments.

8. Temporary Road Closures - Nelson Arts Festival, Christmas Carols and New Years Eve Safety and Event 39 - 55

Document number R28691

Recommendation

That the Hearing Panel

1. Receives the report Temporary Road Closures - Nelson Arts Festival, Christmas Carols and New Years Eve Safety and Event (R28691) and its attachments (340448201-6417, 1355221503-27311, 340448201-5448, 1355221503-27206, 340448201-5449 and 1355221503-27207); and

2. Approves the temporary road closure as per report R28691 for the Nelson Arts Festival between Thursday 31 October 2024 to Saturday 02 November 2024; and

3. Approves the temporary road closure as per report R28691 for the Christmas Carols on Tuesday 24 December 2024; and

4. Approves the temporary road closure as per report R28691 for the New Years Eve Safety and Event between Tuesday 31 December 2024 and Wednesday 01 January 2025.

Karakia Whakamutanga

Minutes of a meeting of the

Hearing Panel

Te Rōpū Rongonga

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 26 July 2024, commencing at 9.03a.m.

Present: Councillors T Skinner (Chairperson), M Benge and C Rollo

In Attendance: Governance Adviser (A Bryce) and Assistant Governance Adviser (M Taylor)

Apologies : Nil

Karakia and Mihi Timatanga

1. Apologies

No apologies were received.

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.

4. Public Forum

4.1. Shiree Dale - Proposed no stopping lines around 10 Ara O Ngati Koata

Document number R28667

Shiree Dale spoke to a presentation (tabled 1982984479-7981) about the proposed no stopping lines around 10 Ara O Ngati Koata and proposed an additional parking bay at the berm across from the property. She answered questions on off-street parking and safety, neighbours’ concerns and the need for off-street parking.

Attachments

1 1982984479-7981 Shiree Dale PowerPoint

5. Confirmation of Minutes

5.1 13 June 2024

Document number M20614, agenda pages 5 - 8 refer.

Resolved HEA/2024/014

That the Hearing Panel

1. Confirms the minutes of the meeting of the Hearing Panel, held on 13 June 2024, as a true and correct record.

Rollo/Benge Carried

6. Traffic and Parking Bylaw Updates

Document number R28628, agenda pages 9 - 35 refer.

Manager Transport and Solid Waste, Margaret Parfitt, and Safe and Sustainable Transport Adviser, Gina Persico, took the report as read and provided updates noting that four late submissions had been received. The late submissions had not changed or affected the content of the report. They answered questions on policing of car-pool parking, car-pooling systems, future reviews and management, no stopping lines on Main Road Stoke, safety priorities and the proposed Toi Toi Street updates.

The motion was taken in parts.

	Resolved HEA/2024/015
	*That the Hearing Panel* 1. Receives the report Traffic and Parking Bylaw Updates (R28628) and its attachments (1355221503-21214, 1355221503-21309, 1862260321-70885, 340448201-6379, 340448201-6375, 340448201-6377,1355221503-20833, 1355221503-20837, 1355221503-20841, 1355221503-20865,1355221503-21495, 340448201-6378, 340448201-6380, 340448201-6376 , 1355221503-27162 and 340448201-6385); and
Skinner/Rollo Carried
Resolved HEA/2024/016
*2. Approves removal of 26 carparks currently reserved for carpooling adjacent to Wakatu Square; and* *3. Approves Restricting Parking on certain roads as described in Report 28628 4.12 – 4.19 and shown in accompanying attachments; and* *4. Approves inclusion of Stop or Give Way traffic controls at certain intersections as described in Report 28628 4.20- 4.23 and shown in accompanying attachments.*
Benge/Rollo Carried

Karakia Whakamutanga

There being no further business the meeting ended at 9.48a.m.

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

Resolved

Item 6: Naming an existing unnamed public road

Hearing Panel

6 September 2024

Report Title: Naming an existing unnamed public road

Report Author: Bernadette Power - Development and Naming Adviser and Lyndon Hammond - Team Leader Transport Activity Management

Report Authoriser: Mandy Bishop - Group Manager Environmental Management

Report Number: R28764

1. Purpose of Report

1.1 To approve or decline an application to name an existing unnamed public road.

2. Recommendation

That the Hearing Panel

1. Receives the report Naming an existing unnamed public road (R28764) and its Attachments (756385493-55287, 756385493-55288, 756385493-55272 and 756385493-55273); and

2. Approves the name Hawaiki Lane for the road shown on the plan in Attachment 1 - Map showing unnamed Nelson City Council public road (756385493-55287).

3. Background

3.1 Council has the authority to name roads, pursuant to Section 319(j) of the Local Government Act 1974.

3.2 The unnamed Road

3.3 A side road off Cable Bay Road in north Nelson was created when the area was part of the Waimea County (predecessor to the Nelson City Council) however this road was not named at that time. A new subdivision has recently been developed at the end of the unnamed road therefore a road name is now required to link the subdivision private Right of Way called Drumduan Rise to Cable Bay Road (see Attachment 1).

3.4 As a consequence of naming the road, the six properties on the unnamed road that currently have a Cable Bay Road address will be allocated a new address (see Attachment 2). In addition to the address changes the letterboxes and recycling bins for these properties will be relocated to a central hub on the yet to be named road, this is the result of the road safety audit which was a condition of the subdivision resource consent.

3.5 A draft road naming report for this unnamed road was prepared in 2021 however it was not presented to the Hearing Panel due to staff shortages in the Transport team. When preparing the 2021 report Council engaged with the Te Huria Matenga Wakapuaka Trust (Wakapuaka Trust) as the recognised mana whenua of the area to seek naming suggestions that comply with the naming guidelines. The names of flora or fauna, species of rakau (trees) or ika (fish) were supported. Some suggested ideas were Kohekohe, Kawakawa and Matai. Ara o Kawakawa was recommended.

3.6 In March 2024 Council consulted with Te Ohu Toi Ahurea (Arts and Heritage) who endorsed Council to reengage with the Wakapuaka Trust to reconfirm their preferred name choices. Wakapuaka Trust (with the support of Ngāti Tama) proposed Hawaiki Lane and Rotokura Lane as names. The proposed names have ancestral significance to the Wakapuaka region and their use supports the revitalisation of te reo Māori and Māori histories. The names also address the imbalance in the visibility of mana whenua heritage.

3.7 Hawaiki can also refer to the traditional homeland of where Māori migrated from, and a reference to where the spirit returns after death. In modern times Hawaiki refers to Māori aspirations for future generations to thrive and flourish. According to researcher John Mitchell, Rotokura was a traditional kainga 600 years ago at the Maheipuku (Pepin Island) end of the boulder bank at Cable Bay. This was home to prominent chief of Ngāti Tama Te Puoho ki Te Rangi.

3.8 In April 2024 nine property owners connected to the address change were sent a letter from NCC with the proposed names Hawaiki Lane and Rotokura Lane. Of those nine properties, six will have a new address as the result of the naming of the unnamed road. The remaining three will be updated to Drumduan Rise as their access will be off this new private right of way. The letter invited feedback on the proposed.

3.9 Of the three responses received, including a letter signed by multiple neighbours, one supported Rotokura while the others did not support the proposed names. They proposed instead either Drumduan Road/Drive or Thorndale Road/Drive. Drumduan being the hill at the end of the unnamed road which was named by an early settler James Mackay after his Scottish Highland home, and Thorndale being the name of the original farm in the area owned by the Harvey family. The Harvey family arrived in the area circa 1850 and their descendants continue to have a presence in the area.

4. Discussion

4.1 Council is committed to strengthening partnerships with Ngā iwi o Te Tauihu. The partners under the Kia Kotahi Te Tauihu Partnership Agreement (2023) share a desire to realise the full potential of Te Tauihu o Te Waka-a-Māui, to protect and enhance taonga of Te Tauihu. This includes celebrating te reo Māori through naming features and places, recognising te reo Māori as unique to Aotearoa New Zealand.

4.2 Te Ture mō Te Reo Māori 2016 affirms the status of te reo Māori as:

4.2.1 The indigenous language of Aotearoa New Zealand;

4.2.2 A taonga of iwi and Māori;

4.2.3 A language valued by the nation; and

4.2.4 An official language of Aotearoa New Zealand.

4.3 Council’s Kaihautū advises increasing the visibility of te reo Māori in public spaces is a key part of increasing awareness of te reo Māori and encourages people to use it on a daily basis. Te reo Māori is important to our national identity, and Nelson City Council is proud to celebrate te reo Māori and support the revitalisation of the language within our city. The visibility of te reo Māori within the community raises its profile and naturalises the language, thereby strengthening te reo Māori within the community.

5. Compliance with Council road naming guidelines

5.1 Council has yet to approve a Naming Policy. Officers use the following 2008 draft Road Naming Policy principles/criteria to assess applications:

Principles/Criteria

5.2 Names should not be the same as or similar in sound or written form to road names already in use in the Nelson/Tasman region.

5.3 Names are not to be the same as or similar to that of any living person, if the first name and surname are to be used as the road name; if only the surname is used, this may be acceptable. Written approval must be obtained from the person the street is named for, or from the next of kin or descendants (as appropriate).

5.4 If the road is on or near a site of significance to iwi, and if an appropriate Māori name can be identified, the Hearings Panel will seek the advice of iwi over the name.

5.5 Māori names, if not proposed by iwi, will require the approval of iwi.

5.6 Names should bear some relationship to the locality, and in the case of a multi-street subdivision, present a theme within the overall development; in the case of a staged development, names should continue the theme for earlier stages on the development. Where new roads are created as a result of other than subdivision activities, they should continue the theme for the locality.

5.7 Names should be reasonably brief; the length of the name is to be related to the length of the road, i.e. short names for short roads, to avoid cartographic problems.

5.8 Names are not to be in the possessive case, eg. Hector Avenue, not Hector’s Avenue. However, the plural may be an appropriate alternative in certain cases, eg Queens Road.

5.9 The use of more than one word should be avoided, unless it is of historical significance, e.g. Will Watch Way.

5.10 The name should not include hyphenated words.

5.11 The name should be of straightforward spelling and pronunciation, so as to avoid confusion or misunderstanding.

5.12 The term (ie. road, street, avenue, terrace, way etc) will be based on a definition of terms set out in Appendix B below:

Figure 1: Copy of Appendix B

6. Evaluations of the proposed name

6.1 The name Hawaiki Lane complies with all Principles/criteria of the 2008 draft naming policy.

7. Alternative names

7.1 Rotokura Lane complies with all Principles/criteria of the 2008 draft naming policy.

7.2 Drumduan Road/Drive does not comply with the Principles/criteria of the 2008 draft naming policy as the name Drumduan Rise is already in use in the Nelson/Tasman region.

7.3 Thorndale Road or Thorndale Drive would not comply with the 2008 draft naming policy as the definition of a Drive is a wide main roadway without many cross-streets and the definition of a Road is an open roadway whereas this is a dead end.

7.4 Thorndale Lane would comply with all the principles/criteria of the 2008 draft naming policy except 5.4.

8. Three Courses of Action

8.1 The Hearing Panel has three courses of action:

8.1.1 To approve the name Haiwaiki Lane; or

8.1.2 To approve an alternative name from the complying options provided; or

8.1.3 To decline the proposed names and to ask the applicant to submit alternative names.

9. Options

9.1 Council officers recommend approving Hawaiki Lane or Rotokura Lane as they are consistent with the 2008 draft Road Naming Policy, the Australian/New Zealand standards and were put forward by Wakapuaka Trust (with the support of Ngāti Tama) when the Council sought names for the road from iwi.

Option 1: Approve Hawaiki Lane (the preferred option)
Advantages	· The name complies with the 2008 draft Road Naming Policy principles/criteria and was gifted by the Wakapuaka Trust.
Risks and Disadvantages	· Five of the six directly affected property owners do not support the name.
Option 2: Approve Rotokura Lane
Advantages	· The name complies with the 2008 draft Road Naming Policy principles/criteria and was gifted by the Wakapuaka Trust.
Risks and Disadvantages	· Five of the six directly affected property owners do not support the name.
Option 3: Approve Thorndale Lane
Advantages	· The name complies with most of the 2008 draft Road Naming Policy Principles/criteria and bears a relationship to the locality. Five of the directly affected property owners support the name.
Risks and Disadvantages	· Not an appropriate Māori name provided by iwi. · Does not support Te Reo/Māori visibility in the area.

10. Next Steps

10.1 Once a name is approved the affected land owners and agencies will be notified.

10.2 If all proposed names are declined officers may be asked to submit alternative names.

Attachments

Attachment 1: 756385493-55287 - Map showing unnamed Nelson City Council public road ⇩

Attachment 2: 756385493-55288 - Properties to be allocated new addresses ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974. The Council does not have the authority to name private rights of way but may accept and record the name in Council systems and records.

Consistency with Community Outcomes and Council Policy

The decision in this report supports the community outcome that our Council provides leadership and fosters partnerships, a regional perspective and community engagement.

Risk

This is a low-risk decision as checks have been carried out to ensure that the proposed name will not cause confusion to the public or to emergency services, if there are existing similar names.

Financial impact

No additional resources are required.

Degree of significance and level of engagement

This matter is of significance to particular members of the community and engagement with iwi and affected property owners has occurred.

Climate Impact

Not applicable for the naming of a road.

Inclusion of Māori in the decision making process

Engagement with Māori specifically Wakapuaka Trust has occurred.

Legal context

The Council has the authority to name roads, pursuant to s 319(j) of the Local Government Act 1974.

Delegations

The Hearing Panel has the following delegations to consider:

Areas of Responsibility:

· Matters relating to naming features within the City.

Powers to Decide:

· The power to name all features within the city requiring naming including roads, streets, service lanes, plazas, parking areas, parks, reserves, gardens and all public facilities or infrastructure, aside from those impacted by the Naming Rights and Sponsorship Policy for Community Services Facilities (5.19.3).

Item 7: Traffic and Parking Bylaw Updates

Hearing Panel

6 September 2024

Report Title: Traffic and Parking Bylaw Updates

Report Author: Gina Persico - Safe and Sustainable Transport Adviser

Report Authoriser: Alec Louverdis - Deputy Chief Executive / Group Manager Infrastructure

Report Number: R28693

1. Purpose of Report

To make resolutions under the Traffic and Parking Bylaw (2023) schedules to give effect to minor safety and parking improvements.

2. Recommendation

That the Hearing Panel

2. Approves Restricting Parking on certain roads as described in Report 28693 4.2 – 4.7 and shown in the accompanying attachments; and

3. Approves Reserved Mobility Parking described in Report 28693 4.9 and shown in accompanying attachments; and

4. Approves Other Reserved Parking described in Report 28693 4.11 and shown in the accompanying attachments; and

5. Approves Time Restricted Parking Zones as described in Report 28693 4.13-4.14 and shown in the accompanying attachments; and

6. Approves Vehicle and Road Use as described in Report 28693 4.16 and shown in the accompanying attachments.

3. Background

3.1 The Traffic and Parking Bylaw (2023) allows for the Council, in accordance with part 2 of the bylaw, to make resolutions regarding the operation of Councils roading corridors. The Council has delegated this power to the Hearings Panel. To ensure that the Bylaw is enforceable it is important to ensure that all restrictions are approved by the Hearing Panel and updated in Councils schedules and public facing mapping system on a regular basis.

3.2 Section 4 of the report describes proposals that officers have considered and sought feedback on. It also includes officer recommendations on each proposal.

3.3 The proposed changes are shown for indicative purposes only by plans attached to this report. The purpose of these plans is to assist the Panel to understand the nature of the changes proposed. Any actual approved changes will be updated within the existing traffic restriction schedules and on the public facing web map which is under development.

4. Discussion

Prohibiting or Restricting Parking on Certain Roads

4.1 The Council may by resolution prohibit or restrict parking of vehicles on any roads; or limit the parking of vehicles on any road to vehicles of any specified class or description.

4.2 Halifax Street No Stopping by Millers Acre carpark: as part of the construction of the Millers Acre carpark, extension of yellow no stopping lines have been installed where there was previously an on-street carpark. The carpark was removed to accommodate the new entrance to the carpark extension, as shown in Attachment 1.

4.3 Halifax Street No Stopping at Trafalgar Street: since the launch of the eBus in August 2023 officers have been monitoring route 3’s right hand-turn from Trafalgar Street into Halifax Street. Officers have identified the need to remove two carparks from Halifax Street as when the bus or private vehicles are turning into Halifax Street on a green light and another vehicle is parallel parking, a pinch point is created with the concrete splitter island. Three time restricted carparks on the western side of Halifax Street will remain, as shown in Attachment 2.

4.4 Nile Street No Stopping: NMIT have requested that the two angle carparks outside 55 Nile Street be removed and no stopping lines be marked as parked cars block sightlines of vehicles exiting NMIT and drivers are unable to see vehicles coming around the Nile Street/Collingwood Street roundabout. Feedback was sought from effected residents and two responses were received in support of the proposed changes, as shown in Attachment 3.

4.5 Todd Bush Road No Stopping: officers received a request from a resident to install yellow no stopping lines on Todd Bush Road at the intersection of Skylark Rise. Todd Bush Road narrows where Skylark Rise exits. When vehicles park near the intersection they reduce sight distances of oncoming cars, and the narrowing then creates the potential for a head-on situation. Skylark Rise is steep and narrow. Feedback was sought from effected residents and seven responses were received - five in support and two not in support. Proposed changes shown in Attachment 4.

4.6 Vanguard Street No Stopping: officers received a request from a Railway Reserve user to install yellow no stopping lines around the turning head of Vanguard Street at the Railway Reserve access. They noted cars often park over the kerb cutdown that provides access to the Railway Reserve. Installing yellow no stopping lines in the turning head meets the current Land Development Manual (LDM) road marking requirements for cul-de-sacs. No legal carparks are being removed as there is inadequate room for a car between kerb cutdowns (driveways) and marked fire hydrants. Feedback was sought from effected residents and two responses were received both not in support of proposed changes. Proposed changes are shown in Attachment 5.

4.7 26-40 Waimea Road No Stopping: officers received several separate requests to install yellow no stopping lines on Waimea Road at this location. The first request was to remove carparking between the entry and exit driveways of 40 Waimea Road as parked cars limit sight distances of exiting vehicles in both directions. The second request from another resident was to remove the northern most carpark outside 26 Waimea Road as vehicles slowing to navigate the tight turn have been rear-ended by other vehicles. Removing a carpark improves sight distances and visibility for vehicles entering and exiting. Overall, this proposal removes four carparks. Feedback was sought from effected residents and received three responses in support of the proposed changes, as shown in Attachment 6.

Reserved Mobility Parking

4.8 The Council may by resolution reserve any parking space or other area in a road or parking place for the exclusive use of disabled persons, designating them as a mobility parking space.

4.9 When officers consulted business owners and residents about re-instating parking in Victory Square, upon the completion of the Toi Toi/ St Vincent Street roundabout upgrade, a request was made for a mobility parking space to be included. The proposed location on St Vincent Street was circulated for feedback as part of the proposed parking changes for the area, as shown in Attachment 8. The proposal received two pieces of feedback, both in support of the proposed changes.

Other Reserved Parking

4.10 The Council may by resolution reserve any parking space or other area in a road, parking place or transport station for the exclusive use of a particular class or classes of vehicle.

4.11 Reserved Park for exclusive Mayoral Vehicle on Trafalgar Street: officers are proposing the allocation of a single carpark on Trafalgar Street, outside Civic House, for exclusive use by His Worship the Mayor for a Mayoral vehicle. The proposed Mayoral carpark would be installed in the first carpark on the southern side of the bike shelter and one P60 park available to the public will be removed, as shown in Attachment 7. At time of writing this report feedback from adjacent businesses was still being sought and any received will be tabled at Hearings Panel Meeting. Officers support this carpark on Trafalgar Street as the current carpark used by the Mayor at the rear of Civic House does not allow safe exit and entry.

Time Restricted Parking Zones

4.12 The Council may by resolution specify any road (or group of roads), parking place or transport station to be a time restricted parking zone.

4.13 Victory Square: Following safety improvements to the Toi Toi Street / St Vincent Street roundabout some carparks have been removed. The retailers and property owners of the shopping precinct requested that the time limited parking zones are extended in the area to maximise efficiency of their use. A letter requesting feedback was circulated to all owners and occupiers in late July and is appended as Attachment 8. As detailed in Attachment 8, proposed areas of P30 parking are on Toi Toi Street and P15 on St Vincent Street. Two responses were received, both in support of the proposed changes.

4.14 Harley Street: officers received a request from a resident to increase two P10 carparks on Harley Street to P60. Harley Street has many medical and appointment-based businesses, where there are limited carparks available to the public and 10 minutes is not enough time to cover an appointment. P60 will allow patients and customers to attend their appointments, whilst still encouraging turnover. Feedback was sought from effected residents, two responses were received, both in support of the proposed changes. Proposed changes shown in Attachment 9.

Vehicle and Road Use

4.15 The Council may by resolution prescribe for vehicles, or any class or classes of traffic or vehicle, to stop or give way to any vehicle or a specified class or classes of traffic or vehicle.

4.16 Following the construction and vesting of new roads through the subdivision process, officers recommend adding Give Way controls for Ashley Terrace at Marsden Valley Road, as shown in Attachment 10, to the bylaw schedules.

5. Options

5.1 The Hearing Panel may choose to approve/ amend /not approve the proposed changes set out in items 4.2 – 4.7 of the report shown in attachments 1-6.

5.2 Officers recommend Option 1, to adopt the proposed changes as recommend in Report 28693 and shown in attachments 1-6.

Option 1: Adopt the proposed changes as officers recommend in Report 28693 items 4.2 – 4.7
Advantages	· Changes to schedules are designed to improve safety and efficiency.
Risks and Disadvantages	· Minor loss of some on street carparking.
Option 2: Do not adopt the proposed changes as officers recommend in Report 28693 items 4.2 – 4.7
Advantages	· There are no identified advantages.
Risks and Disadvantages	· Failure to approve changes will result in the continued unsafe and inefficient use of the roading network.

5.3 The Hearing Panel may choose to approve/ amend/ not approve the proposed changes set out in item 4.9 of the report shown in attachment 8.

5.4 Officers recommend Option 1, to adopt the proposed changes as recommended in Report 28693 and shown in attachment 8.

Option 1: Adopt the proposed changes as officers recommend in Report 28693 items 4.9
Advantages	· Changes to schedules are designed to improve efficiency and appropriate use of carparking.
Risks and Disadvantages	· Restricted use of one carpark.
Option 2: Do not adopt the proposed changes as officers recommend in Report 28693 items 4.9
Advantages	· There are no identified advantages.
Risks and Disadvantages	· Failure to approve changes will result in the inability for those with disabilities to access the Victory shopping area safely.

5.5 The Hearing Panel may choose to approve/ amend/ not approve the proposed changes set out in item 4.11 of the report shown in attachment 7.

5.6 Officers recommend Option 1, to adopt the proposed changes as recommended in Report 28693 and shown in attachment 7.

Option 1: Adopt the proposed changes as officers recommend in Report 28693 item 4.11
Advantages	· Mayoral Carpark away from busy pedestrian area.
Risks and Disadvantages	· Minor loss of on street carparking in City Centre.
Option 2: Do not adopt the proposed changes as officers recommend in Report 28693 item 4.11
Advantages	· Retains Trafalgar Street carparks for visitors the Central City.
Risks and Disadvantages	· Potential conflict between pedestrians and vehicle accessing current carpark remains.

5.7 The Hearing Panel may choose to approve/ amend/ not approve the proposed changes set out in the items 4.13 and 4.14 of the report shown in attachments 8 and 9.

5.8 Officers recommend Option 1, to adopt the proposed changes as recommended in Report 28693 and shown in attachments 8 and 9.

Option 1: Adopt the proposed changes as officers recommend in Report 28693 items 4.13 and 4.14
Advantages	· Changes to schedules are designed to improve use and efficiency.
Risks and Disadvantages	· Increased need for enforcement.
Option 2: Do not adopt the proposed changes as officers recommend in Report 28693 items 4.13 and 4.14
Advantages	· There are no identified advantages.
Risks and Disadvantages	· Failure to approve changes will result in the inefficient use of the roading network.

5.9 The Hearing Panel may choose to approve/ amend/ not approve the proposed changes set out in item 4.16 of the report shown in attachment 10.

5.10 Officers recommend Option 1, to adopt the proposed changes as recommended in Report 28693 and shown in attachment 10.

Option 1: Adopt the proposed changes as officers recommend in Report 28693 item 4.16
Advantages	· Changes to schedules are designed to improve safety and efficiency.
Risks and Disadvantages	· No identified risks or disadvantages.
Option 2: Do not adopt the proposed changes as officers recommend in Report 28693 item 4.16
Advantages	· There are no identified advantages.
Risks and Disadvantages	· Failure to approve changes will result in the continued unsafe and inefficient use of the roading network.

Attachments

Attachment 1: 1355221503-28045 Halifax Street No Stopping at Millers Acre Extension ⇩

Attachment 2: 1355221503-28077 Halifax Street No Stopping at Trafalgar Street ⇩

Attachment 3: 1355221503-28050 Nile Street No Stopping ⇩

Attachment 4: 1355221503-28065 Todd Bush Road No Stopping ⇩

Attachment 5: 1355221503-28068 Vanguard Street No Stopping ⇩

Attachment 6: 1355221503-28072 Waimea Road No Stopping ⇩

Attachment 7: 1355221503-28049 Trafalgar Street Reserved Mayoral Carpark ⇩

Attachment 8: 1355221503-28076 Victory Square Time Restricted Parking and Mobility Park ⇩

Attachment 9: 1355221503-28063 Harley Street Time Restricted Parking ⇩

Attachment 10: 1355221503-28078 Ashley Terrace Give Way Sign ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The report recommendation meets current and future needs of communities in contributing to the safe use of the roading and parking network in the City.

Consistency with Community Outcomes and Council Policy

The content and recommendations of this report are consistent with Councils Community Outcomes – “Our Infrastructure is efficient, cost effective and meets current and future needs”. In particular that we have good quality, affordable and effective infrastructure, and transport networks.

This report is directly aligned to the requirements of the Parking Policy, the Traffic and Parking Bylaw and with Council’s strategic direction through the Regional Land Transport Strategy and Regional Public Transport Plan.

Risk

This is a low-risk decision as feedback has been sought from those affected by proposed changes.

Financial impact

Costs are within allocated budgets for roading improvements.

Degree of significance and level of engagement

This matter is of low significance. Businesses and residents that could be affected, have been consulted with their views considered.

Climate Impact

· The proposed changes are not at risk of being affected by climate change and no not contradict Council’s Climate Strategy.

Inclusion of Māori in the decision making process

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

Legal context

This Bylaw was made pursuant to section 22AB of the Land Transport Act 1998.

The Council will review this Bylaw as and when it considers necessary. The bylaw review requirements in the Local Government Act 2002 do not apply to this Bylaw because it is not made under that Act.

Delegations

The Hearings Panel has the following delegations to consider changes to the Traffic and Parking Bylaw.

Powers to Decide:

• The power to make changes to the schedules to the Traffic and Parking Bylaw.

Item 8: Temporary Road Closures - Nelson Arts Festival, Christmas Carols and New Years Eve Safety and Event

Hearing Panel

6 September 2024

Report Title: Temporary Road Closures - Nelson Arts Festival, Christmas Carols and New Years Eve Safety and Event

Report Author: Gillian Dancey - Contracts Supervisor - Roading

Report Authoriser: Alec Louverdis - Deputy Chief Executive / Group Manager Infrastructure

Report Number: R28691

1. Purpose of Report

1.1 To seek approval for temporary road closures for the Nelson Arts Festival between Thursday 31 October to Saturday 2 November 2024, Christmas Carols on Tuesday 24 December 2024 and the New Years Eve Safety and Event between Tuesday 31 December 2024 and Wednesday 1 January 2025.

2. Recommendation

That the Hearing Panel

2. Approves the temporary road closure as per report R28691 for the Nelson Arts Festival between Thursday 31 October 2024 to Saturday 02 November 2024; and

3. Approves the temporary road closure as per report R28691 for the Christmas Carols on Tuesday 24 December 2024; and

4. Approves the temporary road closure as per report R28691 for the New Years Eve Safety and Event between Tuesday 31 December 2024 and Wednesday 01 January 2025.

3. Background

3.1 These closures are for events, and therefore fit the requirements of Schedule 10 Clause 11(e) of the Local Government Act 1974 which come to the Hearings Panel for approval.

4. It is a requirement that consultation with New Zealand Transport Agency – Waka Kotahi (NZTA) is undertaken to temporarily close any road under Schedule 10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and NZTA have an agreement whereby specific consultation is only required if the closure affects the State Highway or their assigned detour routes.

5. Nelson Arts Festival

5.1 Council officers received an application on 19 July 2024 from the Nelson Arts Festival to close the following roads at the times listed below, and as shown in Attachment 1.

5.1.1 Hardy Street from Church Street to Morrison Street, Trafalgar Street from number 254 Trafalgar Street to Hardy Street and Park Street from 7:00 pm Thursday 31 October to 2:00 am Saturday 2 November 2024.

5.1.2 Part closure of Montgomery Square Carpark from 11:00 am to 7:00 pm Friday 1 November 2024.

5.1.3 Trafalgar Street from number 254 Trafalgar Street to Bridge Street, Bridge Street from Trafalgar Street to Montgomery Square Carpark entrance, Entrance to Montgomery Square Car Park from Bridge Street and Lane around the outside of Montgomery Square Carpark from 2:00 pm to 7:00 pm Friday 1 November 2024.

5.1.4 Church Street, Trafalgar Square between Church Street and Trafalgar Square East, including the Church Steps, Exit from Montgomery Square Car Park onto Hardy Street and Hardy Street from Church Street to Rutherford Street from 1:00 pm Friday 1 November to 2:00 am Saturday 2 November.

5.2 The Nelson Arts Festival is an annual event that is a celebration of community and creativity. This road closure is for the Mask Carnivale Parade that is a free outdoor event featuring a colourful explosion of creative masks and costumes that will parade through the inner Nelson City Centre.

5.3 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

5.4 Consultation with NZTA has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

5.5 Consultation with the Police has been undertaken and they have given their approval for this event.

5.6 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in the Nelson Mail on 31 July 2024 to notify of the applicant’s intention to close these roads and inviting feedback by 7 August 2024. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 2). No feedback from the public was received.

5.7 No noise consent is required for this event and evidence of public liability insurance has been provided.

5.8 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.

5.9 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

5.10 In the event that this event gets cancelled, the closures will not proceed, and this will be publicly notified.

6. Christmas Carols

6.1 Council officers received an application on 7 September 2023 from the Nelson City Council Transport Team to close the following road listed below at the times listed below, and as shown in Attachment 3.

6.2 Trafalgar Square – from Trafalgar Square East to Trafalgar Square West (including the intersection with Park Street) from 7.00pm to 11.00pm Tuesday 24 December 2024.

6.3 The Christmas Carols is an annual event for the community to get together to celebrate Christmas with Christmas Carols at the top of Trafalgar Street.

6.4 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

6.5 Consultation with NZTA has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

6.6 Consultation with the Police has been undertaken and they have given their approval for this event.

6.7 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in the Nelson Mail on 31 July 2024 to notify of the applicant’s intention to close these roads and inviting feedback by 7 August 2024. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 4). No feedback from the public was received.

6.8 No noise consent is required for this event and evidence of public liability insurance has been provided.

6.9 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.

6.10 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

6.11 In the event that this event gets cancelled, the closures will not proceed, and this will be publicly notified.

7. Nelson New Years Eve

7.1 Council officers received an application on 9 July 2024 from Nelson City Council Events Transport Teams to close the following roads listed below at the times listed below, and as shown in Attachment 5.

7.1.1 Trafalgar Square – between Church Street and Trafalgar Square East, including the Church Steps from 5.00am Tuesday 31 December 2024 to 12.00pm Wednesday 1 January 2025.

7.2 New Year’s Eve - Safety Road Closures

7.2.1 Bridge Street between Trafalgar Street and Collingwood Street, Hardy Street between Church Street and Collingwood Street including Hope Street and Morrison Street intersections, Trafalgar Street between Bridge Street and Hardy Street, Park Street, Alma Street and Buxton Carpark from 8.00pm Tuesday 31 December 2023 to 6.00am Wednesday 1 January 2025.

7.3 The New Years Event is an annual event for the community to celebrate New Years Eve in Upper Trafalgar Street. The New Years Safety Road Closures are to keep the roads safe for the public during the festivities of New Years.

7.4 As per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed road closure will not exceed the aggregate of 31 days for any year.

7.5 Consultation with NZTA has not been undertaken due to this event not having any impact on the State Highway or its detour routes.

7.6 Consultation with the Police has been undertaken and they have given their approval for this event and the safety road closures.

7.7 As per clause 11A of schedule 10 of the Local Government Act 1974, Council placed a notification in the Nelson Mail on 31 July 2024 to notify of the applicant’s intention to close these roads and inviting feedback by 7 August 2024. The advertisement was also placed on the Council website, an email notification was undertaken, and a hand delivered letter by the applicant was delivered to directly affected businesses/residents (Attachment 6).

7.8 Feedback was received as detailed below:

7.8.1 One business wanted to know if the road closure would affect parking on Trafalgar Street during business hours.

This is not the case, the closure is outside of trading hours and officers have reiterated this to the Traffic Management contractor.

7.9 Consent requirements for this event will be processed by other teams within Council and evidence of public liability insurance has been provided.

7.10 Council officers are satisfied that the road closure will not unreasonably impede traffic because alternative routes are available, and the extent and duration is limited. Council officers recommend that this application be approved.

7.11 If approved, a minimum of 24 hours’ notice will be provided to affected businesses and residences.

7.12 In the event that this event gets cancelled, the closures will not proceed, and this will be publicly notified.

8. Options

8.1 Council has two options, either to approve or decline the temporary road closure applications. Officers recommend approving the temporary road closures for these events.

Option 1: Approve the temporary road closure application
Advantages	· Allows for the event to proceed as planned. · Brings an event and vibrancy into the city centre. · Public Safety.
Risks and Disadvantages	· Some retail activity may be affected by road closures. · Risks of overcrowding and problems for drivers on the roads.
Option 2: Decline the temporary road closure application
Advantages	· No disruption to roads and access to retailers. · Some retailers will feel heard regarding the concerns about access for shoppers.
Risks and Disadvantages	· Event organisers will have to cancel, postpone, or move the event. · A missed opportunity to bring vibrancy into the city centre.

Attachments

Attachment 1: 340448201-6417 - MAP - Nelson Arts Festival 2024 ⇩

Attachment 2: 1355221503-27311 - Letter Drop - Nelson Arts Festival 2024 ⇩

Attachment 3: 340448201-5448 - MAP - Christmas Carols 2024 ⇩

Attachment 4: 1355221503-27206 - Letter Drop - Nelson Christmas Carols 2024 ⇩

Attachment 5: 340448201-5449 - MAP - New Years Safety and Event 2024 ⇩

Attachment 6: 1355221503-27207 - Letter Drop - New Years Eve Safety and Event 2024 ⇩

Important considerations for decision making

Fit with Purpose of Local Government

The following are applicable:

• The Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic.

• The Local Government Act 2002, Clause 78, Community Views in Relation to Decisions.

This temporary road closure fits with the purpose of local government.

Consistency with Community Outcomes and Council Policy

These events contribute to our community outcomes by assisting our community to celebrate their identity and community.

Risk

These events contribute to our community outcomes by assisting our community to celebrate their identity and community.

Financial impact

There is no financial impact for Council for this road closure.

Degree of significance and level of engagement

This matter is of medium significance because of the number of people affected and the short duration of the events. A request for feedback was advertised in Our Nelson and on the Council’s website.

Climate Impact

This decision will have no impact on the ability of the Council or District to proactively respond to the impacts of climate change now or in the future.

Inclusion of Māori in the decision making process

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

Legal context

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

Delegations

The Hearing Panel has the following delegations to consider temporary road closures:

Functions:

To conduct hearings and/or determine under delegated authority applications relating to the Dog Control Act 1996, all matters relating to Temporary Road Closures pursuant to Schedule 10 clause 11(e) of the Local Government Act 1974, matters relating to naming features within the city, and any other matters required for determination by Council under legislation as determined by Council.