Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 19 October 2023, commencing at 9.00a.m.
Present: His Worship the Mayor N Smith (Chairperson), Councillors M Anderson, M Benge, T Brand, M Courtney, J Hodgson, Councillor R O'Neill-Stevens (Deputy Mayor), K Paki Paki, P Rainey, C Rollo, R Sanson, T Skinner and A Stallard
In Attendance: Chief Executive (N Philpott), Deputy Chief Executive/Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (M Bishop), Group Manager Community Services (A White), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald) Team Leader Governance (R Byrne) and Governance Adviser (H Wagener)
Apologies : Nil
Karakia and Mihi Timatanga
1. Apologies
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Apologies |
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1. Receives and accepts the apologies from His Worship the Mayor Hon Dr Smith for early departure. |
2. Confirmation of Order of Business
His Worship the Mayor Hon Dr Smith advised that the order of business would be adjusted to accommodate Confidential Agenda Item 3- August 2022 Extreme Weather Event Recovery - General Update and Central Government Recovery Support Package as the first substantive item on the Agenda.
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4.1. Nelson Attendance Services - Tāpitomata - The Issue of Absenteeism within Nelson Education Facilities.
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Attendance Service Manager, Mike Foster from Nelson Attendance Services – Tāpitomata, spoke about the issue of absenteeism in Nelson Education Facilities and answered questions on strengthening alternative education options and poverty as a cause of absenteeism. |
4.2. Nelson Tasman Climate Forum - Greenhouse Gas Emissions Reduction
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Joanna Santa Barbara and Lindsay Wood from the Nelson Tasman Climate Forum spoke to a PowerPoint presentation about greenhouse gas emissions reduction (tabled 1982984479-6671). |
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1 1982984479-6671 Nelson Tasman Climate Forum presentation |
4.3 Harry Pearson - Public Perception and Expectations of Council and Councillors
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Harry Pearson spoke about public perception and expectations of Council and Councillors. |
Emma Moran of DLA Piper was in attendance for Item 3 of the Confidential Agenda to answer questions and, accordingly, the following resolution was required to be passed:
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Resolved CL/2023/220 |
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1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that Emma Moran of DLA Piper remain after the public has been excluded, for Item 3 of the Confidential agenda (August 2022 Extreme Weather Event Recovery - General Update and Central Government Recovery Support Package), as she has knowledge relating to this issue that will assist the meeting.
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Exclusion of the Public |
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1. Excludes the public from the following parts of the proceedings of this meeting. 2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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3 |
August 2022 Extreme Weather Event Recovery - General Update and Central Government Recovery Support Package |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into confidential session at 9.47a.m. and resumed in public session at 1.27p.m.
6. Confirmation of Minutes (Agenda Item 5)
6.1 14 September 2023
Document number M20289, agenda pages 13 - 28 refer.
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1. Confirms the minutes of the meeting of the Council, held on 14 September 2023, as a true and correct record. |
7. Recommendations from Committees (Agenda Item 6)
7.1 Audit, Risk and Finance Committee - 15 September 2023
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1. Approves the carry forward of $8.2 million–$8.1 million to 2023/24 and $143,000 to 2024/25; and 2. Notes that this is in addition to the carry forward of $21.9 million approved during the Annual Plan 2023/24 process, taking the total carry forward to $30.1 million of which $27 million is for the 2023/24 year and $3.1 million is for the 2024/25 year; and 3. Notes the total savings and reallocations in 2022/23 capital expenditure of $2.6 million; and 4. Notes that the total 2023/24 capital budget (including staff costs and work on attending to the slips originating on Council land and excluding consolidations, vested assets, scope adjustment and other August 2022 flood recovery budgets) will be adjusted by these resolutions from a total of $85.7 million to a total of $93.7 million; and 5. Approves the carry forward of $447,000 unspent operating budget to 2023/24.
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7.1.2 Review of Health and Safety Governance Charter
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1. Approves the revised Health and Safety Governance Charter (855153265-4133). |
8. Mayor's Report (Agenda Item 7)
Document number R28055, agenda pages 29 - 32 refer.
His Worship the Mayor Hon Dr Nick Smith took his report as read.
A one-minute silence was held in remembrance of the passing of former Nelson City Councillor Bob Straight.
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1. Receives the report Mayor's Report (R28055); and 2. Acknowledges with a minute’s silence the death of former Nelson City Councillor Bob Straight; and 3. Acknowledges 10 years of service by Councillor Tim Skinner; and 4. Acknowledges 25 years of service by Group Manager Infrastructure and Deputy Chief Executive Alec Louverdis; and 5. Delegates to Councillors Aaron Stallard, Matthew Benge, Mel Courtney, Rachel Sanson and His Worship the Mayor Nick Smith approval of Council’s submission to Parliament’s Environment select committee on the Inquiry into Climate Adaptation, which is considering options for community-led retreat and adaptation funding. |
The meeting adjourned at 1.27 p.m. at which time His Worship the Mayor Hon Dr Smith left the meeting.
The meeting reconvened at 2.20p.m. at which time Deputy Mayor R O’Neill-Stevens assumed the Chair.
9. City Centre Playspace (Agenda Item 8)
Document number R27935, agenda pages 33 - 50 refer.
Group Manager Environmental Management, Mandy Bishop and Strategic Housing Adviser, Lisa Gibellini took the report as read and answered questions on the terms of reference of the City Centre Playspace Taskforce in terms of the activation of the central business district, the location and accessibility of the recommended option as a destination playspace, the proximity of toilets and cafes and the development of an engagement process with children’s caregivers and users of the playspace.
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Extension of Meeting Time |
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Extends the meeting time beyond six hours, pursuant to Standing Order 4.2. |
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1. Receives the report City Centre Playspace (R27935) and its attachment (336940202-7652); and 2. Approves the location of the city centre playspace as being in Rutherford Park; and 3. Notes that following site selection, the City Centre Playspace Taskforce will consider engagement options to seek the views of iwi and the community on the potential design and equipment features of the playspace. |
10. Stoke Library Building Compliance Upgrade - bring forward budget from 2024/25 (Agenda Item 9)
Document number R28012, agenda pages 51 - 57 refer.
Group Manager Corporate Services, Nikki Harrison and Manager Property Services, Rebecca Van Orden took the report as read and answered questions on the time restrictions of the current resource consent.
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1. Receives the report Stoke Library Building Compliance Upgrade - bring forward budget from 2024/25 (R28012); and 2. Approves the Stoke Library Building Improvements budget of $581,229 allowed for in the 2021-31 Long Term Plan in 2024/25 to be brought forward to the current year 2023/24 to enable the following necessary upgrade work to be completed: a. Roof leak remediation b. Skylight alteration c. Roof cladding renewal to main roof. |
The meeting was adjourned from 3.14 p.m. until 3.21 p.m.
11. New Zealand Cricket - Exemption to Saxton Field Management Plan Sponsorship Policy (Agenda Item 10)
Document number R27952, agenda pages 58 - 65 refer.
Group Manager Community Services, Andrew White and Principal Parks and Facilities Activity Planner, Andrew Petheram, took the report as read and answered questions on possible amendment of the Saxton Field Management Plan, the details of the sponsorship and the proposed advertising of alcohol, the setting of precedent and the expected financial benefit to Nelson of the event, the financial contribution made by Nelson City Council to secure the event and the anticipated effect if the exemption was not granted.
The meeting was adjourned from 3.42 p.m. until 3.43 p.m. at which time Central Districts Cricket representative, Jock Sutherland answered questions on the hosting and sponsorship of the event.
Moved by Councillor Skinner, seconded by Councillor Rollo.
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Motion |
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1. Receives the report New Zealand Cricket - Exemption to Saxton Field Management Plan Sponsorship Policy (R27952); and 2. Notes Asahi Beverages NZ as a major sponsor of the three games of international cricket at Saxton Field on: - 20 December 2023 - 22 March 2024 - 24 March 2024; and 3. Approves, subject to the approval of Tasman District Council, an exemption to clause 4.8.2.3 of the Saxton Field Reserve Management Plan to allow alcohol advertising at the three international cricket events at Saxton Field; and 4. Notes under section 80 of the Local Government Act 2022, that the decision to allow alcohol advertising at the international cricket events at Saxton Field: a. is inconsistent with the alcohol policy in the Saxton Field Reserve Management Plan, which states that the advertising of alcohol shall not be permitted on Saxton Field, apart from price and product schedules at point of sale; and
b. that the reason for this inconsistency is that the Councils need to allow a key sponsor to advertise alcohol at the venue during the events; and c. that Council does not intend to amend the Saxton Field Reserve Management Plan at this time to accommodate the decisions.
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Councillor Paki Paki, seconded by Councillor Courtney, moved a motion to progress the item.
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1. Request staff engage with Central Districts Cricket on alternative options to retain the international cricket matches. |
12. Schedule of Meetings 2024 (Agenda Item 16)
Document number R27986, agenda pages 116 - 131 refer.
Group Manager Strategy and Communications, Nicky McDonald and Team Leader Governance, Robyn Byrne took the report as read.
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1. Receives the report Schedule of Meetings 2024 (R27986) and its attachment (1982984479-6639); and 2. Adopts the schedule of meetings for the 2024 calendar year as set out in Attachment 1 (1982984479-6639). |
13. Draft Policy on Remission and Postponement of Rates on Māori Freehold Land, Draft Rates Remission Policy and Draft Rates Postponement Policy for consultation (Agenda Item 11)
Document number R27938, agenda pages 66 - 89 refer.
Group Manager Corporate Services, Nikki Harrison and Principal Adviser - Annual and Long Term Planning, Susan Edwards took the report as read and answered questions on minor changes to clarify the Draft Rates Remission Policy.
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1. Receives the report Draft Policy on Remission and Postponement of Rates on Māori Freehold Land, Draft Rates Remission Policy and Draft Rates Postponement Policy for consultation (R27938) and its attachments (1852948764-263, 1852948764-264, 1852948764-265, ); and 2. Approves the amended Draft Policy on Remission and Postponement of Rates on Māori Freehold Land (1852948764-263) for public consultation in accordance with sections 102, 108, 82 and 82A of the Local Government Act 2002: and 3. Approves the amended Draft Rates Remission Policy (1852948764-265) for public consultation in accordance with sections 102, 109, 82 and 82A of the Local Government Act 2002: and 4. Approves the Draft Rates Postponement Policy (1852948764-264) for public consultation in accordance with sections 102, 110, 82 and 82A of the Local Government Act 2002: and 5. Agrees that the consultation on the following draft policies will occur at the same time as the Long Term Plan 2024-2034 consultation process: i. Draft Policy on Remission and Postponement of Rates on Māori Freehold Land (1852948764-263); and ii. Draft Rates Remission Policy (1852948764-265); and iii. Draft Rates Postponement Policy (1852948764-264); and 6. Agrees that His Worship Mayor Hon Dr Smith and the Chief Executive be delegated authority to approve any minor amendments required to the following draft policies prior to them being made available for public consultation: i. Draft Policy on Remission and Postponement of Rates on Māori Freehold Land (1852948764-263); and ii. Draft Rates Remission Policy (1852948764-265); and iii. Draft Rates Postponement Policy (1852948764-264). |
14. Approval to prepare a Reserves General Policies Management Plan (Agenda Item 12)
Document number R28027, agenda pages 90 - 100 refer.
Group Manager Corporate Services, Nikki Harrison and Principal Parks and Facilities Activity Planner, took the report as read and answered questions on inclusion of The Brook in the Reserves General Policies Management Plan, the expected number of submissions and the implications of these being considered by a panel or by the Council.
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1. Receives the report Approval to prepare a Reserves General Policies Management Plan (R28027) and its attachment (839498445-16867); and 2. Agrees to the preparation of an overarching Reserves General Policies Management Plan for all classified reserves and to provide policy guidance for unclassified reserves and other Council land managed as parks and reserves; and 3. Notes that separate Reserve Management Plans will subsequently be prepared for individual reserves, or groups of reserves, covering matters particular to them; and 4. Notes the process to prepare a Reserves General Policies Management Plan as outlined in Attachment 1 (839498445-16867); and 5. Agrees, under section 41(5A) of the Reserves Act 1977, to not seek written suggestions on the intention to prepare the Draft Reserves General Policies Management Plan, as Council considers feedback at this stage will not materially assist with the preparation of the document, for the following reasons: · Early targeted engagement is currently occurring with Te Tauihu iwi and key stakeholders and will continue during the preparation of the Draft Reserves General Policies; and · Council has existing reserve management plans which have been through public consultation processes which can be drawn on to inform the development of the Draft Reserves General Policies document; and · Council already has some understanding of the public’s views on matters to be addressed in the Draft Reserves General Policies from various public engagement processes and surveys; and 6. Establishes a Hearing Panel, to hear and deliberate on submissions on the Draft Reserves General Policies, comprising Full Council. |
15. Draft Flood Protection Activity Management Plan 2024 – 2034 (Agenda Item 13)
Document number R27924, agenda pages 101 - 105 refer.
Group Manager Infrastructure, Alec Louverdis and Activity Engineer, Toby Kay took the report as read and answered questions on inclusion of nature-based infrastructure and nature-based solutions in the Draft Flood Protection Activity Management Plan 2024 – 2034.
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1. Receives the report Draft Flood Protection Activity Management Plan 2024 - 2034 (R27924) and its attachment (205082210-168); and 2. Approves the Draft 2024-34 Flood Protection Activity Management Plan (205082210-168) as the version to inform the development of the Long Term Plan 2024-2034; and 3. Notes that the Draft 2024-34 Flood Protection Activity Management Plan (205082210-168) will be updated, and the final Activity Management Plan approved by Council after the adoption of the Long Term Plan 2024-2034. 4. Notes the draft Flood Protection Activity Management Plan will include nature-based infrastructure and nature-based solutions. |
The meeting was adjourned at 5.00 p.m. to reconvene following the Council meeting on 26 October 2023.
Minutes of a reconvened meeting of the
Nelson City Council
Te Kaunihera o Whakatū
Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Thursday 26 October 2023, commencing at 10.00a.m.
Present: Acting Mayor R O'Neill-Stevens (Chairperson), Councillors M Anderson, T Brand, M Courtney, J Hodgson, K Paki Paki, C Rollo, R Sanson, T Skinner and A Stallard
In Attendance: Chief Executive (N Philpott), Deputy Chief Executive/Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (M Bishop), Group Manager Community Services (A White), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (H Wagener)
Apologies : His Worship the Mayor N Smith, Councillor Benge and Councillor Rainey for early departure.
Karakia and Mihi Timatanga
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1. Receives and accepts the apologies from His Worship the Mayor Hon Dr Smith and Councillor Benge, and Councillor Rainey for early departure. |
17. Confirmation of the Order of Business
There was no change to the order of business.
18. Draft Solid Waste Activity Management Plan 2024-2034 (Agenda Item 14)
Document number R27883, agenda pages 106 - 110 refer.
Group Manager Infrastructure, Alec Louverdis, and Activity and Operations Supervisor - Solid Waste, Terry Dwyer, took the report as read and answered questions on the relationship between solid waste activity management and landfill activity management and the funding of solid waste collection in the Draft Solid Waste Activity Management Plan 2024-2034.
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1. Receives the report Draft Solid Waste Activity Management Plan 2024-2034 (R27883) and its attachment (1399367370-8729); and 2. Approves the Draft Solid Waste Activity Management Plan 2024-2034 (1399367370-8729) as the version to inform the development of the Long Term Plan 2024-34; and 3. Notes that the Draft Solid Waste Activity Management Plan 2024-2034 (1399367370-8729) will be updated and the final Activity Management Plan approved by Council after the adoption of the Long Term Plan 2024-34. |
19. Draft Environmental Management Activity Management Plan 2024 – 2034 (Agenda Item 15)
Document number R27866, agenda pages 111 - 115 refer.
Group Manager Environmental Management, Mandy Bishop, and Strategic Adviser, Michelle Joubert, took the report as read and answered questions on including reference in the Draft Environmental Management Activity Management Plan 2024 – 2034 to the National Environmental Standards for Commercial Forestry, uncertainty about legislation providing for the control of feral cats and inclusion of feral cat control measures in the Draft Environmental Management Activity Management Plan 2024 – 2034
The meeting adjourned from 10.22a.m. until 10.32a.m.
Councillor Sanson, seconded by Councillor Stallard, proposed an additional clause to the officer’s recommendation to request staff to bring back options for consulting on a Cat Management Bylaw at the April 2024 Council meeting.
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1. Receives the
report Draft Environmental Management Activity Management Plan 2024 - 2034 2. Approves the amended Draft Environmental Management Activity Plan 2024 – 2034 (887727126-1808) as the version to inform the development of the Long Term Plan 2024 - 2034; and 3. Notes that the amended Draft Environmental Management Activity Plan 2024 – 2034 (887727126-1808) will be updated and the final the Environmental Management Activity Plan 2024 – 2034 approved by Council after the adoption of the Long Term Plan 2024 – 2034. 4. Requests staff bring back options for consulting on a Cat Management Bylaw by the April 2024 Council meeting. |
The meeting was adjourned from 10.40a.m. until 10.52a.m.
20 New Zealand Cricket - Exemption to Saxton Field Reserve Management Plan Sponsorship Policy - Report back
Document number R28107.
Group Manager Community Services, Andrew White and Principal Parks and Facilities Activity Planner, Andrew Petheram, tabled a report (1982984479-6731) providing information following further discussion with Central District’s Cricket as requested by Council on 19 October. The report included discussion on the financial and reputational benefits of holding the events in Nelson that had not been presented to the elected members on 19 October 2023. This noted information included that Asahi was one of 12 sponsors, not one of the three major sponsors of the matches, that there were additional benefits to the community through events planned to complement the matches, including a multicultural festival, and there would be a significant impact on accommodation providers if the games were cancelled.
Mr White and Mr Petheram answered questions on who the contracting parties were required to secure the event, if Nelson Regional Development Agency and Cricket New Zealand were aware of the Saxton Field Reserve Management Plan and the availability for discussion of chief executive and other senior staff of New Zealand Cricket upon their return from the World Cup in India.
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1. Receives the report New Zealand Cricket - Exemption to Saxton Field Reserve Management Plan Sponsorship Policy - Report back (R28107); and 2. Approves, subject to the approval of Tasman District Council, an exemption to clause 4.8.2.3 of the Saxton Field Management Plan to allow alcohol advertising at the three international cricket events at Saxton Field on 20 December 2023, 22 March 2024, and 24 March 2024; and
3. Directs staff to continue to engage with Central Districts Cricket and NZ Cricket to reach an appropriate agreement on alcohol advertising at Saxton Field, with a strong preference for zero alcohol advertising; and 4. Notes that the decision to allow alcohol advertising is inconsistent with the alcohol policy in the Saxton Field Reserve Management Plan, which states that the advertising of alcohol shall not be permitted on Saxton Field, apart from price and product schedules at point of sale; and 5. Notes that in allowing the exemption the beneficial economic impact of the games, the short timeframe for engagement, the need to consider alcohol harm, and the preference of Nelson City Council for the restriction of alcohol advertising; and 6. Confirms that Council does not intend to amend the Saxton Field Reserve Management Plan at this time to accommodate the decisions.
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1 1982984479-6731 NZ Cricket - Exemption to Saxton Field RMP - Report back |
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1. Excludes the public from the following parts of the proceedings of this meeting. 2. The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: |
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General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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Council Meeting - Confidential Minutes - 14 September 2023 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7. |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
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Recommendations from Committees |
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Audit, Risk and Finance Committee - 15 September 2023 Bad Debts Write-Off - Year ending 30 June 2023 |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person |
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Preferred approach for enabling long-term recreational access on Ngāti Koata whenua |
Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7 |
The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) |
The meeting went into confidential session at 11.52a.m. and resumed in public session at 12.51p.m.
Karakia Whakamutanga
22. Restatements
It was resolved while the public was excluded:
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Recommendation from Audit, Risk and Finance Committee : Bad Debts Write-Off - Year ending 30 June 2023 |
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2. Agrees that the decision remain confidential at this time. |
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August 2022 Extreme Weather Event Recovery - General Update and Central Government Recovery Support Package |
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2. Notes the extent of Central Government’s Recovery Support Package as detailed in Report R27910; and 3. Agrees to enter into an agreement with the Crown (and authorises the Chief Executive to enter into an agreement with the Crown), on the following basis including: - the $6.3M comprising betterment costs of $6M (being 50% of the betterment portion in dealing with slips that have originated on Council land) and $300,000 ($30,000/year over 10 years) towards ongoing monitoring of the Tāhunanui Slump; and - the $6M (being 50% of the net aggregate cost to purchase up to 14 impacted properties as a result of the August 2022 weather event), subject to consultation with the community; and 4. Notes that the $6M betterment contribution will decrease the expenditure approved by Council in May 2023 to address slips originating on Council land from $17.3M to $11.3M; and 5. Agrees to consult with the community on Central Government’s $6M (being 50% of the net aggregate cost to purchase up to 14 impacted properties as a result of the August 2022 weather event) as part of the 2024-34 Long Term Plan; and 6. Approves the amended Draft Eligibility Buyout Principles attachment 5 (1590798627-794), required by the Crown as a condition of acceptance of the support package that will form part of the consultation including 95% for insured properties, less the settled insurance and EQC payments and 80% for uninsured properties, based on a market valuation pre-August 2022, and 7. Agrees that the consultation document include the other options such as not proceeding with voluntary residential property buyouts, and with respect to the eligibility buyout principles, a cap of Nelson median property value, and the option of 100% of market value; and 8 Notes that this is a one-off and does not set a precedent for future events; and the need for community and national engagement on developing a framework for these climate change issues for the future; and 9. Agrees that only the decisions on Central Government’s support package be made public. |
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Preferred approach for enabling long-term recreational access on Ngāti Koata whenua |
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5. Agrees that Report (R27902), Attachments (196698121-50285, 196698121-50781, 196698121-50779, 96698121-50281, 196698121-50783) and decision remain confidential at this time. |
There being no further business the meeting ended at 12.51p.m.
Confirmed as a correct record of proceedings by resolution on 9 November 2023.
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That the Council 1. Confirms the minutes of the meeting of the Council, held on 19 October 2023, as a true and correct record. |