Minutes of a meeting of the

Nelson Tasman Regional Landfill Business Unit

Te Rōpū ā-Rohe Ruapara, Whakatū / Te Tai o Aorere

Held in the Council Chamber, Floor 2A, Civic House, 110 Trafalgar Street, Nelson on Friday 18 August 2023, commencing at 10.10a.m.

Present:              Deputy Mayor of Tasman District Council S Bryant (Chairperson), Tasman District Councillor T Walker and Nelson City Councillors M Courtney (Deputy Chairperson) and A Stallard and Iwi Representative A Stephens

In Attendance:    Deputy Chief Executive/Group Manager Infrastructure (A Louverdis), General Manager Regional Services, (N Clarke), Senior Governance Adviser (H Wagener)

Apologies :          Nil

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

There was no public forum.

5.       Confirmation of Minutes

5.1      19 May 2023

Document number M20146, agenda pages 8 - 12 refer.

Resolved RLBU/2023/016
	That the Nelson Tasman Regional Landfill Business Unit 1.    Confirms the minutes of the meeting of the Nelson Tasman Regional Landfill Business Unit, held on 19 May 2023, as a true and correct record.
Courtney/Walker Carried

6.       Nelson Tasman Regional Landfill Business Unit General Manager Update report

Document number R27855, agenda pages 13 - 26 refer.

General Manager Regional Services, Nathan Clarke, took the report as read, tabled an attachment (1982984479-6499) and answered questions on safety requirements on the landfill site including the new reverse warning system on landfill compactors, new staff positions and the proposed introduction of a temporary waste transfer facility at the landfill.  

Mr Clarke also answered questions on the improvement of compaction at the landfill, adherence with water quality resource consent conditions relating to the stormwater system, and the need to review  changes to the Deed of Agreement and Terms of Reference to consider  the use of York Valley Gullies 2 and 3 and  fire safety for storage of lithium-ion batteries.

Resolved RLBU/2023/017
	That the Nelson Tasman Regional Landfill Business Unit 1.    Receives the report Nelson Tasman Regional Landfill Business Unit General Manager Update report (R27855).
Stallard/Walker Carried
	Attachments 1    1982984479-6499 - Nelson Tasman Regional Landfill Business Unit 18Aug2023 updated General Manager Update report

7.       Nelson Tasman Regional Landfill Business Unit Annual Report 2022/2023

Document number R27861, agenda pages 27 - 67 refer.

General Manager Regional Services, Nathan Clarke, took the report as read, tabled an attachment (1982984479-6500) and answered questions on stability works at the landfill that increased the available airspace.

Resolved RLBU/2023/018
	That the Nelson Tasman Regional Landfill Business Unit 1.    Receives the report Nelson Tasman Regional Landfill Business Unit Annual Report 2022/2023 (R27861) and its attachments (749984575-1082 and 1995708647-53); and 2.    Approves the Nelson Tasman Regional Landfill Business Unit 2021/22 Annual Report (R27861) and its attachments (749984575-1082 and 1995708647-53) for presentation to Nelson City Council and Tasman District Council.
Courtney/Stephens Carried
	Attachments 1    1982984479-6500 - Nelson Tasman Regional Landfill Business Unit 18Aug2023 updated Annual Report 20222023
Recommendation to Council RLBU/2023/019
	That the Council 1. Receive the Nelson Tasman Regional Landfill Business Unit Annual Report 2022/23 (27132) and its attachments (749984575-1082 and 1995708647-53).
Courtney/Stephens Carried

8.       Draft Nelson Tasman Regional Landfill Business Unit Business Plan 2024/2025

Document number R27857, agenda pages 68 - 99 refer.

General Manager Regional Services, Nathan Clarke, took the report as read and answered questions on the proposed 17.7% increase in the York Valley landfill gate fee due to increasing costs  including an increase to the Waste Minimisation Levy, improved safety and operational costs and an increase in debt.

Resolved RLBU/2023/020
	That the Nelson Tasman Regional Landfill Business Unit 1.    Receives the report Draft Nelson Tasman Regional Landfill Business Unit Business Plan 2024/2025 (R27857) and its attachment (1995708647-50); and 2.    Approves the Nelson Tasman Regional Landfill Business Unit Draft Business Plan 2024/2025 (1995708647-50) for presentation to the Nelson City Council and Tasman District Council with delegation of all minor amendments to the Nelson Tasman Regional Landfill Business Unit Chairperson and General Manager.
Courtney/Stephens Carried
Recommendation to Council Resolved RLBU/2023/021
	That the Council 1. Receive the Nelson Tasman Regional Landfill Business Unit Draft Business Plan 2024/2025 (1995708647-50)   for review and provide feedback to the Nelson Tasman Regional Landfill Business Unit, if required.
Courtney/Stephens Carried

9.       Nelson Tasman Regional Landfill Business Unit Draft Activity Management Plan 2024-33 report

Document number R27859, agenda pages 100 - 209 refer.

General Manager Regional Services, Nathan Clarke took the report as read and answered questions on the development of York Valley Gullies 2 and 3, the lifespan of the proposed resource consent and the implications of development of Gullies 2 and 3 on the Emissions Trading Scheme obligations. 

Resolved RLBU/2023/022
	That the Nelson Tasman Regional Landfill Business Unit 1.    Receives the report Nelson Tasman Regional Landfill Business Unit Draft Activity Management Plan 2024-33 report (R27859) and its attachment (1995708647-49); and 2.    Approves the Draft Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-2033 (1995708647-49) for presentation to the Nelson City Council and Tasman District Council with delegation of all minor amendments to the Nelson Tasman Regional Landfill Business Unit Chairperson.
Bryant/Stallard Carried
Recommendation to Council Resolved RLBU/2023/023
	That the Council 1. Receive the Draft Nelson Tasman Regional Landfill Business Unit Activity Management Plan 2024-2033 (1995708647-49) for review, and provide feedback to the Nelson Tasman Regional Landfill Business Unit if required.
Bryant/Stallard Carried

10.     Nelson Tasman Regional Landfill Business Unit Capital/Renewals Carryover Report 2023/24

Document number R27862, agenda pages 210 - 214 refer.

General Manager Regional Services, Nathan Clarke and Accountant, Andrew Bishop, took the report as read and answered questions on the reasons for and financial implications of the carryover of capital and renewals budget.

Resolved RLBU/2023/024
	That the Nelson Tasman Regional Landfill Business Unit 1.    Receives the report Nelson Tasman Regional Landfill Business Unit Capital/Renewals Carryover Report 2023/24 (R27862); and 2.    Approves the carryover of capital and renewals budget ($0.695M) from the 2022/23 financial year to the 2023/24 financial year to ensure continuation of urgent and planned works.
Bryant/Courtney Carried

11.     Exclusion of the Public

Resolved RLBU/2023/025
	That the Nelson Tasman Regional Landfill Business Unit 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:
Courtney/Walker Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Nelson Tasman Regional Landfill Business Unit Meeting - Confidential Minutes - 19 May 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 48(1)(d)         That the exclusion of the public from the whole or the relevant part of the proceedings of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation in any proceedings to which this paragraph applies. Section 48(2) Paragraph (d) of subsection (1) applies to - (a) Any proceedings before a local authority where - (i) A right of appeal lies to any Court or tribunal against the final decision of  the local authority in those proceedings; or (ii) The local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings; and c) Any proceedings of a local authority in relation to any application or objection under the Marine Farming Act 1971.
2	NTRLBU Compactor Procurement Report	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: ·    Section 7(2)(h)      To enable the local authority to carry out, without prejudice or disadvantage, commercial activities
3	York Valley landfill Lower Buttress construction packages 3, 4 and 5 Procurement report.	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: ·    Section 7(2)(b)(ii)      To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information ·    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 11.38a.m. and resumed in public session at 11.58a.m.

12.     Restatements

It was resolved while the public was excluded:

1	NTRLBU Compactor Procurement Report
	4.     Agrees that the decision be made publicly available following the completion of the landfill compactor procurement process.

2	York Valley landfill Lower Buttress construction packages 3, 4 and 5 Procurement report.
	4.     Agrees that the decision be made publicly available once the contract has been signed by all parties; and 5.     Agrees that the Report (R27858) remains confidential at this time.

There being no further business the meeting ended at 12.00p.m.

Confirmed as a correct record of proceedings by resolution on 1 December 2023.

That the Nelson Tasman Regional Landfill Business Unit

1.     Confirms the minutes of the meeting of the Nelson Tasman Regional Landfill Business Unit, held on 18 August 2023, as a true and correct record.