Minutes of a meeting of the

Nelson City Council

Te Kaunihera o Whakatū

Held via Zoom on Thursday 9 September 2021, commencing at 9.04am to consider  Environment and Climate Committee Reports

 

Present:              Her Worship the Mayor R Reese (Co-Chairperson), Councillors Y Bowater, T Brand, M Courtney, K Fulton (Co-Chairperson), M Lawrey, R O'Neill-Stevens, B McGurk, G Noonan, P Rainey, R Sanson and T Skinner

In Attendance:    Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Governance Team Leader (R Byrne), Governance Adviser (E Stephenson) and Youth Councillors (A Sayer and J Ivamy)

Apology:             Councillor J Edgar

 

Karakia and Mihi Timatanga

Her Worship the Mayor opened the meeting with a karakia.

1.       Apologies

Resolved CL/2021/176

 

That the Council

1.        Receives and accepts an apology from Councillor J Edgar.

Her Worship the Mayor/Noonan                                                     Carried

 

2.       Confirmation of Order of Business

There was no change to the order of business.

 

3.       Interests

In relation to Item 6 - Gambling Venues Policy Review 2021, the following councillors noted that they had interests in organisations that received funding from gaming machine proceeds, however all confirmed that they were not directly involved in the funding applications and that they could consider the matter with an open mind:

·         Cr G Noonan 

·         Cr P Rainey

·         Cr B McGurk

·         Cr R Sanson

·         Cr Y Bowater.

4.       Public Forum

4.1.     Brenda McQuillan on behalf of the Advisory Group MoH Preventing and Minimising Gambling Harm - Lived Experience

Brenda McQuillan spoke about the history of her issues with gambling machine addiction and the impact on her life. She felt the ability to self exclude from class 4 venues was a life saver. Ms McQuillan highlighted the financial harm related to gambling addiction and recommended the adoption of a sinking lid policy. She noted that she had been on gambling advisory groups for 17 years, and advocated for harm minimisation and prevention.

Ms McQuillan answered questions regarding other strategies that she thought Council  should be considering, the difference between gambling machines and other types of gambling, online gambling, the effect of the cap on gambling machine numbers in new venues, community groups receiving funding from gambling machines and geographical restrictions. She advocated for local and central government to approach the problem as a whole.

 

5.       Mayor's Report

Her Worship the Mayor gave a verbal report, noting the update to COVID-19 alert levels. She felt that alert level 2 was still a challenge for Nelson’s hospitality and accommodation sector and said that the regional impacts would be reviewed through the next period.

The Mayor highlighted the challenge around food, noting that many families in this area were being supported and it was expected to continue for some time. She noted appreciation for food banks and similar schemes, and asked that people support those businesses involved.

Her Worship the Mayor vacated the Chair and Councillor Fulton assumed the Chair.

6.       Gambling Venues Policy Review 2021

Document number R24818, agenda pages 6 - 29 refer.

Senior Policy Adviser, Michelle Joubert, spoke to the report and answered questions regarding the effectiveness of the current policy and limits on gambling machines and venues compared to a sinking lid policy. Ms Joubert noted that Council’s Policy allowing a maximum of only five gaming machines (less than other councils), was a disincentive and a barrier for new venues to open. She advised that analysis of data provided by the Problem Gambling Foundation on 14 councils with sinking lid policies, found that a sinking lid reduced the number of gambling machines but not the gambling spend. She confirmed that having regard to the social impact of gambling was already built into the objective of the current policy.

Councillor O'Neill-Stevens signalled he would be moving an alternative motion, seconded by Councillor Sanson, that would request consultation on the policy, and that it include a sinking lid.

Group Manager Strategy and Communication, Nicky McDonald clarified the significant amount of work required to undertake a special consultative procedure, noting that other work would need to be reprioritised as a result.

In response to a question, Ms McDonald noted that the current policy location and other rules made it difficult for new gambling venues to open. She noted that Council needed to weigh up what additional benefit it thought a sinking lid policy would bring in terms of reducing gambling harm against the other priorities it wished to devote resources to. She advised that officers had evaluated the effectiveness of the current policy in making the recommendation for no change, and it was felt the policy was working as it was intended.

The meeting was adjourned from 10.17am until 10.35am.

Further questions were answered regarding data trends and impact on gambling expenditure, the effect of the strict 100 metre ATM rule on new applications, and the process for consultation under a special consultative procedure. In response to a question regarding mandatory loss limits, it was noted that this an initiative like this would be a matter for the Department of Internal Affairs and was outside the scope of Council’s Policy.

A graph which contained additional information on the regional distribution of  net Gambling Machine proceeds was tabled and displayed on screen. (A2746786).


 

Councillor O'Neill-Stevens moved the following motion, seconded by Councillor Sanson.

That the Council

1.        Receives the report Gambling Venues Policy Review 2021 (R24818) and its attachments (A2090535, A2720694); and

2.        Notes that a review of the Council’s Gambling Venues Policy (A2090535), which is required under the Gambling Act 2003 and the Racing Industry Act 2020, has been undertaken and is outlined in this report; and

3.        Agrees that the result of the review is to amend consult on the Gambling Venues Policy (A2090535) to include:

   a) a sinking lid policy;

   b) an objective of reducing gambling harm; and

4.        Determines that it is appropriate to carry out a special consultative procedure on the decision to amend the current Gambling Venues Policy (A2090535), and

5.        Directs staff to develop a draft statement of proposal for approval.

 

The meeting was adjourned from 10.59am until 11.09am.

During debate on the motion, the following Points of Order were raised:

·         Her Worship the Mayor against Councillor Bowater for disrespect regarding ‘provision of information on the fly’, Councillor Bowater apologised as this was not her intention, the Point of Order was upheld

·         Councillor Lawrey against Councillor Bowater for misrepresentation regarding the ability to introduce new material, the Point of Order was not upheld

·         Councillor Noonan against Councillor O’Neil-Stevens for disrespect regarding a suggestion that there was a lack of leadership in previous decision-making on 2018, the Point of Order was upheld, the comment was withdrawn and Councillor O’Neil-Stevens apologised.

Councillor Fulton foreshadowed that if the motion was lost, she would move a motion to progress the matter under discussion.


 

 

That the Council

1.        Receives the report Gambling Venues Policy Review 2021 (R24818) and its attachments (A2090535, A2720694); and

2.        Notes that a review of the Council’s Gambling Venues Policy (A2090535), which is required under the Gambling Act 2003 and the Racing Industry Act 2020, has been undertaken and is outlined in this report; and

3.        Agrees that the result of the review is to consult on the Gambling Venues Policy (A2090535) to include:

   a) a sinking lid policy;

   b) an objective of reducing gambling harm; and

4.        Determines that it is appropriate to carry out a special consultative procedure on the decision to amend the current Gambling Venues Policy (A2090535), and

5.        Directs staff to develop a draft statement of proposal for approval.

 

The motion was put and a division was called:

For

Cr Lawrey

Cr O'Neill-Stevens

Cr Rainey

Cr Sanson

Cr Skinner

Against

Her Worship the Mayor Reese

Cr Bowater

Cr Brand

Cr Courtney

Cr Fulton (Chairperson)

Cr McGurk

Cr Noonan

Absent

Cr Edgar

The motion was lost 5 - 7.

 

 

Attendance: Councillor Skinner left the meeting at 11.30 am. and Councillor Rainey left the meeting at 11.44am.

Councillor Fulton moved a motion to progress the matter under consideration, seconded by Councillor McGurk.

During debate on the motion, the following Points of Order were raised:

·         Councillor Fulton against Councillor Lawrey for misrepresentation regarding Council not wanting to undergo a special consultative process, the Point of Order was upheld

·         Councillor Lawrey against Councillor Fulton for misrepresentation, in that he had not implied that the existing policy was pro-gambling, the Point of Order was not upheld.

The motion was taken in parts.

Resolved CL/2021/177

 

That the Council

1.    Receives the report Gambling Venues Policy Review 2021 (R24818) and its attachments (A2090535, A2720694); and

2.    Notes that a review of the Council’s Gambling Venues Policy (A2090535), which is required under the Gambling Act 2003 and the Racing Industry Act 2020, has been undertaken and is outlined in this report; and

3.    Agrees that the result of the review is that no change is needed to the current Gambling Venues Policy (A2090535); however

4.    Determines that it is not appropriate to carry out consultation or any further engagement on the decision to retain the current Gambling Venues Policy (A2090535) without change.

The motion was put and a division was called:

For

Her Worship the Mayor Reese

Cr Bowater

Cr Brand

Cr Courtney

Cr Fulton (Chairperson)

Cr McGurk

Cr Noonan

Against

Cr Lawrey

Cr O'Neill-Stevens

Cr Sanson

Apology

Cr Edgar

 

Absent

Cr Skinner

Cr Rainey

 

The motion was carried 7 - 3.

Fulton/McGurk                                                                              Carried

Resolved CL/2021/178

 

That the Council

5.    Directs that at the next review of the Gambling Venues Policy staff are to bring forward a proposal to consult with the community on including a sinking lid clause and a new objective of reducing gambling harm.

The motion was put and a division was called:

For

Cr Bowater

Cr Fulton (Chairperson)

Cr Lawrey

Cr O'Neill-Stevens

Cr McGurk

Cr Sanson

Against

Her Worship the Mayor Reese

Cr Brand

Cr Courtney

Abstained

Cr Noonan

 

Apology

Cr Edgar

 

Absent

Cr Skinner

Cr Rainey

The motion was carried 6 - 3.

Fulton/McGurk                                                                              Carried

Resolved CL/2021/179

That the Council

6.   Determines that it is not appropriate to carry out consultation or any further engagement on the decision to retain the current Gambling Venues Policy (A2090535) without change.

The motion was put and a division was called:

For

Her Worship the Mayor Reese

Cr Bowater

Cr Brand

Cr Courtney

Cr Fulton

(Chairperson)

Cr McGurk

Cr Noonan

Against

Cr Lawrey

Cr O'Neill-Stevens

Cr Sanson

Apology

Cr Edgar

 

Absent

Cr Skinner

Cr Rainey

Fulton/McGurk                                                                              Carried

Attachments

1    A2746786 regional distribution of  net Gambling Machine proceeds graph

 

7.       Submission on the Natural and Built Environment Draft Exposure Bill

Document number R26121, agenda pages 30 - 48 refer.

The cover letter for the submission on the Natural Built Environment was tabled (A2720683).

Manager Environmental Planning, Maxine Day, spoke to the report, noting that the Draft Exposure Bill had not contained enough detail to allow Council to make a detailed submission. She said that the point about elected member representation on planning committees had also been raised by a number of parties, and that officers could provide more feedback if requested.

Ms Day answered questions regarding the Draft Exposure Bill and Council’s submission, including giving effect to Treaty of Waitangi principles, the speed for plan change processes, the need for a clear national planning framework and limits, common submission themes and regional boundaries. Her Worship the Mayor noted that she would be happy to work on additional feedback after the meeting.

Resolved CL/2021/180

 

That the Council

1.    Receives the report Submission on the Natural and Built Environment Draft Exposure Bill (R26121) and its attachment (A2721199); and

2.    Approves retrospectively the submission on the Natural and Built Environment Draft Exposure Bill.

McGurk/Fulton                                                                              Carried

Attachments

1    A2720683 - Cover letter for the submission on the Natural Built Environment

 

8.       Environmental Management Activity Management Plan - Mahere Taiao (2021-2031)

Document number R22662, agenda pages 49 - 98 refer.

Group Manager Environmental Management, Clare Barton, spoke to the report, which focused on issues and outcomes and answered questions regarding funding and work programmes, partnerships with other local authorities, progress on the Maitahi development and recording of the number of trees planted to link into emissions reduction.

Resolved CL/2021/181

 

That the Council:

1.    Receives the report Environmental Management Activity Management Plan - Mahere Taiao (2021-2031)  (R22662) and its attachment (A2480683); and

2.    Adopts the Environmental Management Activity Management Plan – Mahere Taiao (2021-2031) (A2480683) of report R22662.

McGurk/Courtney                                                                          Carried

 


 

9.       Environmental Management Quarterly Report - 1 April - 30 June 2020

Document number R26079, agenda pages 99 - 150 refer.

An Environmental Management 2020 – 21 Achievements Presentation (A2742898) and a Climate Change Achievements Presentation (A2743175) were provided.

Group Manager Strategy and Communication, Nicky McDonald, highlighted Council’s climate change achievements and answered questions regarding incentivising sustainable building, the draft Climate Action Plan and Council’s climate change team.

Attendance: Councillor Noonan returned to the meeting at 1.45pm.

Resolved CL/2021/182

 

That the Council

1.    Receives the report Environmental Management Quarterly Report - 1 April - 30 June 2020 (R26079) and its attachments (A2725276, A2692511, A2700782, A2719763, A2713286, A2717558 and A2711918).

Fulton/Courtney                                                                            Carried

Attachments

1    A2742898 - Environmental Management 2020 - 21 Achievements Presentation

2    A2743175 - Climate Change Achievments

      

Karakia Whakamutunga

Her Worship the Mayor closed the meeting with a karakia.

There being no further business the meeting ended at 1.55pm.

 

Confirmed as a correct record of proceedings by resolution on 8 December 2021

 

Resolved CL/2021/251

That the Council

1. Confirms the minutes of the meeting of the Council, held on 28 October 2021, as a true and correct record.