Agenda of Motueka Community Board - Tuesday, 18 April 2023

Tasman District Council Motueka Community Board Agenda – 18 April 2023

7 Reports

7.1 Election of Motueka Community Board Chairperson

Decision Required

Report To:	Motueka Community Board
Meeting Date:	18 April 2023
Report Author:	Elaine Stephenson, Team Leader - Democracy Services
Report Number:	RMCB23-04-1

1 Summary

1.1 The Motueka Community Board elected board member David Armstrong to be its chairperson at its meeting on 8 November 2022. David Armstrong has tendered his resignation as chairperson which will take effect once a new chairperson has been elected. He will then continue in his role as a Motueka Board member.

1.2 Under legislation, community boards must have a chairperson, and the Motueka Community Board is therefore required to elect a new chairperson at today’s meeting.

2 Draft Resolution

That the Motueka Community Board

1. receives the Election of Motueka Community Board Chairperson report RMCB23-04-1; and

2. notes that, at its 8 November 2022 meeting, the Motueka Community Board adopted voting System B, outlined in clause 25(4) of the Local Government Act 2002 for the election of a chairperson and any other appointments as representatives of the Motueka Community Board, which require that a person is elected as chair; and

3. as a result of the resignation of the current Motueka Community Board Chairperson, David Armstrong, appointed at the Motueka Community Board’s 8 November 2022 meeting, elects ……………….. as Chairperson of the Motueka Community Board, with immediate effect; and

4. notes that David Armstrong will continue in the role of an elected Motueka Community Board member for the remainder of the 2022-2025 triennium; and

5. thanks, and acknowledges Motueka Board member, David Armstrong, for his work as Motueka Community Board Chairperson in the 2022-2025 triennium to date.

3 Purpose of the Report

3.1 To elect a new chairperson for the Motueka Community Board, following the resignation of the current chairperson, David Armstrong, who will continue in his role as a Motueka Community Board member.

4 Background and Discussion

4.1 David Armstrong, current Motueka Community Board Chairperson, elected at the Board’s 8 November 2022 inaugural meeting, has tendered his resignation from the role of chairperson, which will take effect once a new chairperson has been elected.

4.2 David Armstrong will continue in his role as elected Motueka Community Board member.

4.3 Under Schedule 7, 37, (1) of the Local Government Act 2022, a community board must have a chairperson. The Board is therefore required to elect a new chairperson.

4.4 The Board adopted voting system B at its 8 November 2022 meeting:

Standing Order 5.6 Voting system for chairs, deputy Mayors and committee chairs

System B

The candidate will be elected or appointed if he or she receives more votes than any other candidate. This system has the following characteristics:

(a) there is only one round of voting; and

(b) if two or more candidates tie for the most votes, the tie is resolved by lot.

cl. 25 Schedule 7, LGA 2002.

4.5 Once the meeting is opened, there will be a call for nominations for chairperson.

4.6 All Motueka Community Board members are eligible for election, whether elected board members, or appointed ward councillor board members.

4.7 Nominations must be seconded and all Motueka Community Board members are entitled to vote.

4.8 The vote will be put and resolved either by a majority vote, or in the event of a tie, by lot, (e.g., names drawn from a hat) and once elected, the new chairperson will assume the chair and preside over the rest of the meeting. The chairperson is elected for the remainder of the 2022 – 2025 triennium.

5 Options

5.1 The options are outlined below:

5.2 The Board is required under legislation to have a chairperson, so no option exists to voting in a new chairperson given the resignation of the current chairperson.

5.3 The Board has options as to who to nominate and second as chairperson and to then put this to the vote.

6 Policy / Legal Requirements / Plan

.6.1 Schedule 7, 37 (1) of the Local Government Act 2022 states that a community board must have a chairperson.

7 Significance and Engagement

7.1 The Board makes the decision on the election of a chairperson, no engagement with the community is required.

8 Next Steps / Timeline

8.1 Democracy Services staff will undertake the necessary administration regarding the election of the new chairperson.

9 Attachments

Nil

Tasman District Council Motueka Community Board Agenda – 18 April 2023

7.2 Amenity Tree Policy

Decision Required

Report To:	Motueka Community Board
Meeting Date:	18 April 2023
Report Author:	Grant Reburn, Reserves and Facilities Manager
Report Number:	RMCB23-04-2

1 Summary

1.1 The Motueka Community Board has requested that a policy of planting three amenity trees to replace every tree that Council removes from a Council Reserve is adopted by staff and that these trees be of similar species and planted close to or in the same reserve from where the tree is removed.

2 The Motueka and Golden Bay Community Boards have the delegated authority under Powers to Act to:

“ grant consent for the removal of trees from parks, reserves, streets or other Council land in their community”

2.1 Staff support replacement tree planting when a tree is removed from a reserve. Replanting is the current practice unless there is a good reason not to replant a tree in that reserve.

2.2 To replace one tree with three on a reserve could cause issues and staff would like to be given the discretion to decide on the species and location of any extra trees to be planted if the policy is for that three trees are to be planted for each tree removed.

2.3 If the Motueka Community Board would like to proceed with such a policy it would need to resolve to request Council to have an Amenity Tree Policy written to state that for every amenity tree removed in the Motueka District it is replaced by planting three new trees of a similar species close to or in the reserve a tree is removed from.

3 Draft Resolution

That the Motueka Community Board

1. receives the Amenity Tree Policy report RMCB23-04-2; and

2. requests Council to have an Amenity Tree Policy written to state that for every Amenity Tree removed in the Motueka District it is replaced by planting three new trees of a similar species close to or in the reserve a tree is removed from.

4 Purpose of the Report

4.1 To respond to the Board’s request for staff to prepare a policy to replace every amenity tree removed from a reserve to be replaced with three trees of a similar species to be replanted close to or in the reserve that the tree was removed from.

4.2 To suggest that this policy request be amended to allow staff the discretion to replace any amenity tree removed from a reserve for a tree of an appropriate species and that the number of trees replanted is suitable for the location of the reserve.

4.3 If it is decided that the policy will be that more than one tree is to replace a tree removed staff can plant those extra replacements in a suitable reserve within the Motueka Ward.

4.4 To inform the board of the process to have such a policy written and adopted.

5 Background and Discussion

5.1 The board has requested staff adopt a policy on the replacement planting of trees when one is removed from a reserve.

5.2 The Motueka and Golden Bay Community Boards have the delegated authority under Powers to Act to:

“ grant consent for the removal of trees from parks, reserves, streets or other Council land in their community”

This does delegation does not extend to any replanting requirements.

If the board wish to proceed with a policy they would need to resolve to request Council to have an Amenity Tree Policy written to state that for every amenity tree removed in the Motueka District it is replaced by planting three new trees of a similar species close to or in the reserve a tree is removed from.

5.3 When staff are advised by the attending Arborist that a tree is in a dangerous state or is posing such a Health and Safety risk to the community it should be removed as soon as possible, staff have the discretion to make the decision to remove the tree.

5.4 When a tree is proposed for removal due to poor growth habit or form, or a where a neighbour has requested the tree be removed from a reserve due to the impact that the tree may be having on their property, a report is prepared for the Board to decide on the request.

5.5 The Board is requesting that for each amenity tree removed from a reserve, three trees of similar species of that being removed are replanted close to, or in that reserve.

5.6 In some of our older reserves the trees that are being removed may not have been planted in the right location for the shape and size of the reserve or in respect of the reserve boundaries and neighbours. Replanting three new trees could cause conflicts with neighbours and impede other structures and uses of the reserve.

5.7 The trees may have already been on the land prior to Council receiving it as a reserve and for a variety of reasons are no longer a suitable species to replace like for like or similar e.g. eucalyptus trees, trees that are known to cause allergies, very large trees that cause excessive leaf drop or have very aggressive root systems.

5.8 Replanting three trees in a reserve to replace one tree could be problematic in that there may not be sufficient space to replant three trees and allow them to grow to their full potential.

5.9 Overcrowding of trees in reserves can make the reserve very dark, shaded, and cold and not an inviting place to recreate in.

Our Reserves and Facilities Activity Management Place states that:

The purpose of Neighbourhood Reserves is to provide accessible informal recreation close to home, primarily for play and social interaction and enhancing the amenity of residential areas.

Amenity plantings within neighbourhood parks/reserves and access ways will be provided in a manner that creates pleasant spaces for active and passive recreation while maintaining enough open space to maintain a safe environment.

5.10 The benefits of trees in our reserve are undeniable – they are fundamental to our wellbeing and quality of life and planning for appropriate species in the right location “the right tree in the right place” is important in managing our trees and allowing them the space to grow.

5.11 Our reserves have numerous neighbours with some living on the shady side of the trees and others living on the sunny side.

5.12 Balancing the desires of all neighbours can be fraught and complaints regarding trees is our number one issue. Leaves in gutters and on gardens, root intrusion into gardens, shading, fear of branches or the tree itself falling on the property and causing damage and the issue of trees and views are just some of the complaints we receive.

6 Options

6.1 The options are outlined in the following table.

	Option	Advantage	Disadvantage
1.	Agree to the request of the board for a policy that states for every amenity tree removed from a Council Reserve it is replaced with three trees of a similar species close to or in the same reserve.	More amenity trees will be planted in Council reserves	Species could be inappropriate and cause issues and three trees could cause overcrowding, shading and issues for neighbours to the reserve.
2.	Recommend that the Motueka Community Board resolve to request Council to have an Amenity Tree Policy written to state that for every amenity tree removed in the Motueka District is replaced by planting three new trees of a similar species close to or in the reserve a tree is removed from.	An adopted policy would be prepared for the Board to move forward with this request.	May not answer fully the request of the board to plant three trees of a similar species close to or on the reserve where a tree has been removed.

6.2 Option 2 is recommended.

7 Strategy and Risks

7.1 The request for the production of this Policy should not require a climate change impact assessment.

8 Policy / Legal Requirements / Plan

The relevant delegation is provided below.

The Motueka and Golden Bay Community Boards have the delegated authority under Powers to Act to:

“ grant consent for the removal of trees from parks, reserves, streets or other Council land in their community”

8.1 The Motueka Community Board do not have the authority to request staff write a policy regarding tree replanting in the Motueka District and will need to resolve to request that Council agree to such a policy being developed.

8.2 I am not aware of any other bylaws, policies etc that would impact on this proposal.

9 Consideration of Financial or Budgetary Implications

9.1 A budget may be required for the purchase of extra trees.

10 Significance and Engagement

	Issue	Level of Significance	Explanation of Assessment
1.	Is there a high level of public interest, or is decision likely to be controversial?	Med	Although trees on reserves can be controversial this proposed policy should not be. However neighbours to reserves can be interested in any proposed tree planting.
2.	Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?	Low	The planting of trees improves social, economic, environmental and cultural aspects of well-being of the community.
3.	Is there a significant impact arising from duration of the effects from the decision?	Low	The planting of trees ‘the right tree in the right place’ should have a positive and enduring impact on the community.
4.	Does this activity contribute or detract from one of the goals in the Tasman Climate Action Plan 2019?	Contributes	Tree planting would contribute to goals 1,2,and 4 of the Tasman Climate Action Plan 2019.
5.	Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)	Low	Trees are not yet considered as a strategic asset of Council.
6.	Does the decision create a substantial change in the level of service provided by Council?	Low	N/A
7.	Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?	Low	The proposed Policy would not substantially affect debt or rates in any in any one year.
8.	Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?	Low	N/A
9.	Does the proposal or decision involve entry into a private sector partnership or contract to carry out the deliver on any Council group of activities?	Low	N/A
10.	Does the proposal or decision involve Council exiting from or entering into a group of activities?	Low	N/A
11.	Does the proposal require inclusion of Māori in the decision making process (consistent with s81 of the LGA)?	High	Iwi have indicated to staff their preference for native tree plantings in the consultation undertaken during our Ward Reserves Management Plan reviews. If a policy was to be produced iwi would need to be consulted.

11 Conclusion

11.1 Staff have been requested by the Motueka Community Board to write a policy on replacement tree planting when an Amenity tree is removed from a Reserve. While the board has the delegated authority to approve the removal of tress this does not extend to any authority regarding tree replacement.

11.2 Staff have proposed that any tree policy needs to take into account the size, use and location of each reserve and select trees species suitable for that location and the number of trees to be replanted.

11.3 To move forward with such a policy the board would need to resolve to request Council to have an Amenity Tree Policy written to state that for every Amenity Tree removed in the Motueka District it is replaced by the planting three new trees of a similar species close to or in the reserve a tree is removed from.

12 Next Steps / Timeline

12.1 Await the outcome of any decision making.

12.2 If it is agreed that the policy proceed, put the request into the appropriate staff work steam.

13 Attachments

Nil

Tasman District Council Motueka Community Board Agenda – 18 April 2023

7.3 Plan Development for Moutere Inlet Reserve Land

Decision Required

Report To:	Motueka Community Board
Meeting Date:	18 April 2023
Report Author:	Nick Chin, Enterprise Portfolio Manager; Grant Reburn, Reserves and Facilities Manager
Report Number:	RMCB23-04-3

1 Summary

1.1 The Motueka Harbour Works and Coastal Reserve Fund is overseen by the Enterprise Committee and is operated using commercial disciplines. The reserve fund and its income are available for reinvestment or use generally within the designated Motueka area.

1.2 A proposal was presented to Council at its meeting on 16 February 2023 to approve up to $60,000 from the Motueka Harbour and Coastal Works Reserve Fund to fund the development of an options report and plan for the Old Wharf Road land DP5073.

1.3 A strategic plan will provide direction when the grazing lease expires in October this year.

1.4 The Council resolved that the funding request is directed to the Motueka Community Board for approval.

2 Draft Resolution

That the Motueka Community Board

1 receives the Plan Development for Moutere Inlet Reserve Land report RMCB23-04-3; and

2 approves an allocation from the Motueka Harbour Works and Coastal Reserve Fund of up to $60,000 to develop a future options report for Coastal leased property located at 29 Old Wharf Road (NL13B/431).

3 Purpose of the Report

3.1 To seek funding for the development of a strategic plan for the leased land situated on the Moutere Inlet.

4 Background and Discussion

4.1 This land (figure one below) was purchased by the Motueka Borough Council from Wakatū Incorporation in 1986.

Zoning and designation

4.2 The area is mostly zoned Rural 1 (figure one). Part of the grazed area is zoned residential (purple).

4.3 This land parcel has not been declared a reserve under the Reserves Act 1977 and remains unclassified.

Current use

4.4 About 3.4 hectares is administered for grazing for a nominal sum. The 21-year grazing lease expires in October 2023.

4.5 The NZ Motor Caravan Association lease expires in 2032.

4.6 The adjacent Motueka Community Gardens, Skate/BMX and Go-Kart track, and Moutere Inlet Walkway are administered by Reserves and Facilities (figure two). The future use of these amenities are detailed in the Motueka Reserves Management Plan.

4.7 The Keep Motueka Beautiful Society has carried out extensive works restoring the adjacent estuarine and coastal margin planting in the area. Extending these plantings into the grazed land has been proposed in the last year (pers. com. former Councillor David Ogilvie).

4.8 Part of the land (c.3,700m², figure 2 outlined in orange) has been leased to the New Zealand Motor Caravan Association from 2017 to 2032 with a rent review due this year. Revenue from the Motor Caravan Association ($5,000 plus GST per annum) is paid into the Reserves and Facilities activity.

4.9 Summary of current usage:

· Moutere Inlet Walkway 3.3ha

· Motueka Community Gardens 0.4ha

· Motueka Skatepark 2.9ha

· Hewetson Grazing lease 3.8ha (includes remediation land 0.4ha)

· NZ Motor Caravan Association lease 0.4ha

Future use alignment

4.10 In the intervening years since purchase, there have been many use proposals for leased land including grazing, residential use, a masonic lodge, sale of the property, a dog park, extending the Motorhome lease and for further coastal planting and habitat restoration.

4.11 Recently the Motor Caravan Association has sought a new lease to extend their truck and storage area, which was declined whilst a plan is developed for the area.

4.12 An options report supported with consultation is recommended to facilitate a strategic approach to the future use of this property, particularly with the grazing lease expiring in October this year.

4.13 The outcome of this options report will be considered for inclusion in the Council’s Long Term Plan and the Reserves and Facilities Asset Management Plan.

4.14 This study is expected to cost $60,000. It is expected to be completed by December 2023 and will be presented to the Community Board early 2024.

Figure 1 Motueka Harbour land outlined in blue NL13B/431. Area in yellow is rural 1, purple is residential. Grazed land is outlined in red. The Motor Caravan Association leased site is outlined in orange.

Figure 2 Motueka Reserves Management Plan, areas included

4.15

5 Options

5.1 The options are outlined in the following table.

Option

Advantage

Disadvantage

Do nothing

Savings of $60,000 from the Motueka Harbour and Coastal Works Reserve fund.

No direction for leased property.

No funding for the development or use of undesignated land.

Develop a plan

Future direction for valuable coastal land.

Potential integration with adjacent reserve land.

Plan development costs of up to $60,000.

5.2 Option Two is recommended.

6 Strategy and Risks

6.1 Providing a plan for undesignated land is a low-risk decision.

7 Policy / Legal Requirements / Plan

7.1 The Motueka Harbour and Coastal Works Fund Policy sets the authorisation and scope of the use of the funds in the reserve. This proposal contained within this report complies with the policy.

8 Consideration of Financial or Budgetary Implications

8.1 The cost of developing a Plan will be up to $60,000. These costs will be met from the fund and the expenditure is consistent with the intention of the fund.

9 Significance and Engagement

9.1 This decision is of low significance. It does not impact on levels of service, strategic assets, and public interest would be minimal, if any. The Community Board Councillors can, therefore, make this decision based on their understanding of the views and preferences of their community.

	Issue	Level of Significance	Explanation of Assessment
1.	Is there a high level of public interest, or is decision likely to be controversial?	Low	· Planning and consultation will occur in the development of the proposed plans.
2.	Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?	None
3.	Is there a significant impact arising from duration of the effects from the decision?	No
4.	Does this activity contribute or detract from one of the goals in the Tasman Climate Action Plan 2019?	No
5.	Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)	No
6.	Does the decision create a substantial change in the level of service provided by Council?	No
7.	Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?	No
8.	Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?	No
9.	Does the proposal or decision involve entry into a private sector partnership or contract to carry out the deliver on any Council group of activities?	No
10.	Does the proposal or decision involve Council exiting from or entering into a group of activities?	No
11.	Does the proposal require inclusion of Māori in the decision making process (consistent with s81 of the LGA)?	No

10 Conclusion

10.1 The proposal to consult and seek options and plan for leased land on the Coastal margins of Moutere Inlet will provide direction for development and maintenance.

11 Next Steps / Timeline

11.1 The consultation and resultant options report will be completed by December 2023.

11.2 It will be presented to the Motueka Community Board for review in Q1 2024.

12 Attachments

1.⇩

Motueka Harbour and Coastal Works Policy v 2023

Tasman District Council Motueka Community Board Agenda – 18 April 2023

7.5 Motueka Community Board Chair's report

Information Only - No Decision Required

Report To:	Motueka Community Board
Meeting Date:	18 April 2023
Report Author:	David Armstrong, Motueka Community Board Chair
Report Number:	RMCB23-04-5

1 Summary

1.1 This is the Motueka Community Board Chairperson’s regular monthly report.

2 Draft Resolution

That the Motueka Community Board receives the Motueka Community Board Chair's report RMCB23-04-5

3 Chair Armstrong Update

3.1 I attended the full Council meeting on 23 March. One item debated was the proposed 2023-24 Annual Plan (AP), including the proposed rates rises. Does the Board want to make a Board submission on the AP? And if so, do we want to hold a workshop to formulate our submission? Any submission would need to be ratified at our May meeting.

3.2 The Council meeting also included an update on work being done on improvement to forestry practices in Council properties, which I assume will have relevance for private forests, e.g. in Marahau.

3.3 There was also a progress report on the Waimea Dam construction. Filling will begin within the next few weeks and the dam operational before end of year, with an expected cost rise of $3m to $198m.

3.4 I also attended the first birthday celebration of the Motueka Library, noting its several significant and pleasing achievements to date. Following that event I met with our returning Chief Executive Officer, Janine Dowding, and brought her up to date with the current work of the Board.

4 Professional Development

4.1 Legal & Democracy Services Manager, Jennie McFarlane, and Team Leader – Democracy Services, Elaine Stephenson, are arranging an independently facilitated workshop on professional development for Board members. It will use funding from our exceptional “Board expenses” budget item.

5 LTP Early Engagement

5.1 Preparations continue for the community workshop to be held 26 April. I will update on any information since the 6 April workshop hui with hau kaianga.

5.2 We may also want to discuss any arrangements and processes for a potential LTP drop-in session at the library on Friday 28 April, if the Board would like to run this or assist.

6 Special Projects

6.1 The preliminary results of the questionnaire which closed 11 April will be available for discussion and possible final decision on which to fund.

7 Community & Council Liaison Representative Reports

7.1 Members to provide any updates.

8 Items from Public Forum

8.1 Any items raised in the Public Forum requiring further discussion.

9 Action List

9.1 The Action List is attached for review, attachment 1.

10 Correspondence

10.1 The Correspondence are attached for review, attachment 2 – 10.

· 15/03/23 From Christina Ewing - Membership of the Motueka Aerodrome Advisory Group

· 18/03/23 From Big Brothers Big Sisters - Notification of a Board resignation

· 22/03/23 From Emma Gee - Bylaw for dogs on a leash

· 24/03/23 To Matt Feely - Request for presentation on earthquake strengthening

· 24/03/23 To Jenna Neame - Update on partnership with Marae Board

· 29/03/23 From Our Town Motueka - Invoice for Litter Cart contractor

· 03/04/23 To Waka Kotahi - Problems with campervans parking in High St

· 03/04/23 To NZ Motor Caravan Assoc - Problems with campervans parking in High Street

11 Attachments

1.⇩	Action List	33
2.⇩	C Ewing - Motueka Aerdrome	36
3.⇩	Big Brothers Big Sisters - Board resignation	38
4.⇩	E Gee - Dog Bylaw	39
5.⇩	M Feely - Earthquake-prone buildings in Motueka CBD	40
6.⇩	J Neame - Partnership with hau kainga	41
7.⇩	Our Town Motueka - Motueka Litter Cart wages	43
8.⇩	Waka kothai - Campervan parking in Motueka CBD	44
9.⇩	NZ Motor Caravan Association - Campervan parking in Motueka CBD	45

Chairperson	D Armstrong
Deputy Chairperson	T Graham
Members	N Hughes
	C Hutt
	Cr B Dowler
	Cr B Maru
	Cr T Walker