Notice is given that an ordinary meeting of the Tasman District Council will be held on:

 

Date:

Time:

Meeting Room:

Venue:

Zoom conference link:

Meeting ID:

Meeting Passcode:

Wednesday 22 November 2023

9.30 am

Tasman Council Chamber
189 Queen Street, Richmond

https://us02web.zoom.us/j/86270820281?

862 7082 0281

242336

 

Tasman District Council

 

Kaunihera Katoa

 

 AGENDA

 

 

MEMBERSHIP

 

Mayor

Mayor T King

 

Deputy Mayor

Deputy Mayor S Bryant

 

Councillors

Councillor C Butler

Councillor M Kininmonth

 

Councillor G Daikee

Councillor C Mackenzie

 

Councillor B Dowler

Councillor K Maling

 

Councillor J Ellis

Councillor B Maru

 

Councillor M Greening

Councillor D Shallcrass

 

Councillor C Hill

Councillor T Walker

 

(Quorum 7 members)

 

 

 

Contact Telephone: 03 543 8512

Email: Robyn.Scherer@tasman.govt.nz

Website: www.tasman.govt.nz

 


Tasman District Council Agenda – 22 November 2023

 

AGENDA

1        Opening, Welcome, KARAKIA

2        Apologies and Leave of Absence

 

Recommendation

That apologies be accepted.

 

3        Public Forum

3.1     Nelson Tasman Multicultural Agency...................................................................... 5

3.2     Leigh Manson - Te Tau Ihu Intergenerational Strategy.......................................... 6

4        Declarations of Interest

5        LATE ITEMS

6        Confirmation of minutes

 

That the minutes of the Tasman District Council meeting held on Thursday, 26 October 2023, the minutes of the Tasman District Council meeting held on Tuesday, 31 October 2023 and the minutes of the Extraordinary Tasman District Council meeting held on Thursday, 9 November 2023, be confirmed as a true and correct record of the meeting.

 

That the confidential minutes of the Tasman District Council meeting held on Thursday, 26 October 2023 and the confidential minutes of the Extraordinary Tasman District Council meeting held on Thursday, 9 November 2023, be confirmed as a true and correct record of the meeting.

 

7        Reports

7.1     Amendments to Council’s Traffic Control Devices Register under the
Traffic Control Bylaw 2016 - GIS Coordinates from 21 September 2023...............
7

7.2     Referral Report: Saxton Field Capital Works Programme and Draft Activity Management Plan........................................................................................................................ 89

7.3     Temporary Road Closures.................................................................................. 156

7.4     Motueka Harbour and Coastal Works Reserve Fund Policy Update.................. 160

7.5     Vehicle Fleet Replacement Programme 2023-24............................................... 170

7.6     Adoption of Protected Disclosures Policy........................................................... 175

7.7     Amendment to 20 July 2023 Council resolutions re
Port Tarakohe Development................................................................................
188

7.8     Together Te Tauihu - Partnership Agreement for a Stronger Te Tauihu............ 191

7.9     Tasman District Council Schedule of Meetings (Meetings Calendar) 2024....... 207

8        Confidential Session

8.1     Procedural motion to exclude the public............................................................. 213

8.2     Referral Report - Port Tarakohe Commercial Review and
Recommendations for the Draft 2024-34 LTP....................................................
213

8.3     Murchison Contractors Yard building demolition and replacement
business case......................................................................................................
213

8.4     Wainui Urupā....................................................................................................... 213

8.5     Code of Conduct Report...................................................................................... 214

9        CLOSING KARAKIA


Tasman District Council Agenda – 22 November 2023

 

3     Public Forum

3.1     Nelson Tasman Multicultural Agency

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Robyn Scherer, Executive Assistant and Advisor to the Mayor

Report Number:

RCN23-11-2

 

1.       Public Forum / Te Matapaki Tūmatanui

Marie Lindaya, Felicity Palmer, Mary Bronsteter and Anna Fyfe from the Nelson Tasman Multicultural Agency will make a public forum presentation regarding Community Well-being and Community Outcomes - Tasman's Long Term Strategic Priorities, Vision, Purpose and Community Outcomes - Contributing to a diverse society and celebrating our culture and heritage and strong, resilient, and inclusive communities.


 

2.       Attachments / Tuhinga tāpiri

Nil


Tasman District Council Agenda – 22 November 2023

 

3.2     Leigh Manson - Te Tau Ihu Intergenerational Strategy

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Robyn Scherer, Executive Assistant and Advisor to the Mayor

Report Number:

RCN23-11-3

 

1.       Public Forum / Te Matapaki Tūmatanui

Leigh Manson will make a public forum presentation regarding the Te Tauihu Intergenerational Strategy, which includes the action "review and reset the NGO sector". Tasman District Council has been supporting the establishment of a Regional Community Development Agency. This agency will respond to that action by supporting a strong, connected and well-resourced community sector, so organisations can work more effectively and collectively to support the wellbeing of our communities.

 

2.       Attachments / Tuhinga tāpiri

Nil


Tasman District Council Agenda – 22 November 2023

 

7     Reports

7.1     Amendments to Council’s Traffic Control Devices Register under the Traffic Control Bylaw 2016 - GIS Coordinates from 21 September 2023

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Mike van Enter, Senior Transportation Engineer

Report Authorisers:

Jamie McPherson, Transportation Manager

Report Number:

RCN23-11-4

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     The purpose of this report is to gain approval to amend the Council’s Traffic Control Devices Register with the Geographic Information System (GIS) co-ordinates of approved in principle Traffic Control Devices.  

2.       Summary / Te Tuhinga Whakarāpoto

2.1     Traffic Control Devices were approved in principle at the Council meeting on 21 September 2023 to allow projects to progress. 

2.2     The Geographic Information System (GIS) co-ordinates are now presented for their inclusion to the Traffic Control Devices Register and Traffic Control Devices Bylaw.

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the Amendments to Council’s Traffic Control Devices Register under the Traffic Control Bylaw 2016 - GIS Coordinates from 21 September 2023 report,
RCN23-11-4; and

2.       approves amendments to regulations, controls, restrictions and prohibitions in the Traffic Control Devices Register of the Tasman District Traffic Control Bylaw 2016 (Chapter 7 of Tasman District’s Consolidated Bylaw) pursuant to clause 7(3) of the Bylaw, as proposed by the Geographic Information System (GIS) co-ordinates in the table below and the Diagrammatic Descriptions (Approved Traffic Control Devices September 2023) in Attachment 1 to the agenda report, with effect from 26 October 2023; and

 

Primary Restriction

Street Name

Township

TCD Notes

Easting

Northing

BS-Bus Stop

Ellis Street

Brightwater

<Null>

1609299

5419374

BS-Bus Stop

Ellis Street

Brightwater

<Null>

1609308

5419363

Stop

Edwin Chambers Drive

Motueka

<Null>

1601932

5448653

Stop

Goodman Drive

Motueka

<Null>

1601445

5448682

Give Way

Harbour Road

Motueka

Cyclists Give Way

1601994

5448635

Stop

Ledger Avenue

Motueka

<Null>

1601654

5448678

Give Way

Old Wharf Road

Motueka

To Cyclists and Pedestrians

1601259

5447433

Give Way

Old Wharf Road

Motueka

To Cyclists and Pedestrians

1601272

5447423

NP-No Parking

Pah Road

Motueka

No parking to right

1600830

5449037

BS-Bus Stop

Pah Street

Motueka

<Null>

1600770

5449019

Give Way

Pah Street

Motueka

To Cyclists and Pedestrians

1600724

5449032

Give Way

Pah Street

Motueka

To Cyclists and Pedestrians

1600741

5449021

Stop

Talbot Street

Motueka

<Null>

1600717

5449014

Stop

Taylor Avenue

Motueka

<Null>

1601178

5448668

Stop

Vosper Street

Motueka

<Null>

1601178

5449313

Stop

Vosper Street

Motueka

<Null>

1601191

5449313

P30

Wallace Street

Motueka

 

1601048

5448831

P30

Wallace Street

Motueka

 

1601027

5448832

Stop

Wilkenson Street

Motueka

<Null>

1601197

5448697

Give Way

Abel Tasman Drive

Motupipi

<Null>

1590275

5479736

BS-Bus Stop

Berryfield Drive

Richmond

<Null>

1613936

5424109

BS-Bus Stop

Berryfield Drive

Richmond

<Null>

1613904

5424113

Give Way

Cambridge Street

Richmond

To Pedestrians and Cyclists

1615230

5423523

Give Way

Cambridge Street

Richmond

To Pedestrians and Cyclists

1615251

5423528

Give Way

Cambridge Street

Richmond

To Pedestrians and Cyclists

1615270

5423543

Stop

Cambridge Street

Richmond

<Null>

1615214

5423499

Give Way

Champion Road

Richmond

To Pedestrians and Cyclists

1617438

5423566

Give Way

Champion Road

Richmond

To Pedestrians and Cyclists

1617439

5423547

Stop

Concordia Drive

Richmond

<Null>

1616781

5422960

Give Way

Dorset Street

Richmond

To Pedestrians and Cyclists

1615214

5423480

Give Way

Dorset Street

Richmond

To Pedestrians and Cyclists

1615214

5423480

Give Way

Dorset Street

Richmond

To Pedestrians and Cyclists

1615196

5423496

Give Way

Dorset Street

Richmond

To Pedestrians and Cyclists

1615193

5423501

Give Way

Dorset Street

Richmond

To Pedestrians and Cyclists

1615205

5423507

Give Way

Estuary Place

Richmond

<Null>

1614599

5424618

Give Way

George Street

Richmond

<Null>

1616384

5423070

P10

Gilbert Street

Richmond

<Null>

1616448

5423182

P10

Gilbert Street

Richmond

<Null>

1616438

5423174

P10

Gilbert Street

Richmond

<Null>

1616438

5423174

P10

Gilbert Street

Richmond

<Null>

1616448

5423182

P10

Gilbert Street

Richmond

<Null>

1616432

5423182

P10

Gilbert Street

Richmond

<Null>

1616417

5423170

Give Way

Gladstone Road

Richmond

<Null>

1614985

5423688

BS-Bus Stop

Hill Street

Richmond

<Null>

1616646

5422878

BS-Bus Stop

Hill Street

Richmond

<Null>

1616633

5422866

Give Way

Hill Street

Richmond

<Null>

1616268

5422562

Give Way

Hill Street

Richmond

<Null>

1616294

5422567

Give Way

Hill Street

Richmond

To Pedestrians and Cyclists

1616305

5422577

Give Way

Hill Street

Richmond

To Pedestrians and Cyclists

1616602

5422839

Give Way

Hill Street

Richmond

To Pedestrians and Cyclists

1616622

5422839

Give Way

Hill Street

Richmond

To Pedestrians and Cyclists

1616577

5422818

Give Way

Hill Street

Richmond

To Pedestrians and Cyclists

1617433

5423525

Give Way

Hill Street

Richmond

To Pedestrians and Cyclists

1617449

5423524

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615532

5423228

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615502

5423266

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615533

5423248

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615712

5423187

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615728

5423188

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615277

5423543

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615284

5423548

Give Way

Oxford Street

Richmond

To Pedestrians and Cyclists

1615286

5423529

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615737

5423230

Give Way

Queen Street

Richmond

<Null>

1616282

5422550

Give Way

Queen Street

Richmond

<Null>

1616277

5422577

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615727

5423223

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615728

5423241

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615736

5423234

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615760

5423184

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615746

5423199

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1615760

5423203

Give Way

Queen Street

Richmond

To Pedestrians and Cyclists

1616263

5422576

Give Way

Roeske Street

Richmond

<Null>

1616317

5423152

Give Way

Salisbury Road

Richmond

<Null>

1615732

5423209

Give Way

Salisbury Road

Richmond

To Pedestrians and Cyclists

1615758

5423213

Give Way

Salisbury Road

Richmond

To Pedestrians and Cyclists

1615775

5423225

Give Way

Salisbury Road

Richmond

To Pedestrians and Cyclists

1615756

5423227

Stop

Stanhope Rise

Richmond

<Null>

1616925

5423086

Stop

Warren Kelly Street

Richmond

<Null>

1616474

5423198

Give Way

Wensley Road

Richmond

To Pedestrians and Cyclists

1615490

5423250

Give Way

Wensley Road

Richmond

To Pedestrians amd Cyclists

1615528

5423269

Give Way

Wensley Road

Richmond

To Pedestrians and Cyclists

1615544

5423268

Give Way

Wensley Road

Richmond

To Pedestrians and Cyclists

1615504

5423241

Give Way

Wensley Road

Richmond

To Pedestrians and Cyclists

1615277

5423115

P60

Wensley Road

Richmond

<Null>

1615575

5423296

P60

Wensley Road

Richmond

<Null>

1615610

5423325

Give Way

Wilkes Street

Richmond

<Null>

1616477

5422947

Give Way

William Street

Richmond

To Pedestrians and Cyclists

1616585

5422849

Give Way

William Street

Richmond

To Pedestrians and Cyclists

1616586

5422830

 

3.       notes that the Traffic Control Devices Register of the Traffic Control Bylaw 2016 be updated accordingly.

4.       Background / Horopaki

4.1     Due to the time requirements to generate co-ordinates, approval of the Traffic Control Devices was sought ‘in principle’ at the Council meeting on 21 September 2023. This report now seeks approval of the Geographic Information System (GIS) co-ordinates of those Traffic Control Devices to fully ensure these are enforceable under our Bylaw and relevant legislation.  

5.       Analysis and Advice / Tātaritanga me ngā tohutohu

5.1     The diagrammatic descriptions as approved in principle at the Council meeting on
21 September 2023 are attached (Attachment 1). This attachment includes minor corrections that were identified, and changes to what was proposed. The corrections and changes are highlighted in the attached diagrams for clarity.

5.2     The corrections are:

5.2.1  Cooper Street, Richmond corrected to Cooper Place.

5.2.2  The Pitfure Road consolidated bus stop location is near Ryeland Avenue.

5.3     The changes are:

5.3.1  No cycle lanes on Hill Street from Queen Street to William Street.

5.3.2  Pilot 30km/h speed limit on Hill Street from Queen Street to William Street.

5.3.3  New cycle lanes on Hill Street from William Street to Champion Road. A shorter section than originally proposed and approved.

6.       Options / Kōwhiringa

6.1     The options are outlined in the following table:

Option

Advantage

Disadvantage

1.

Approve changes previously approved in principle with effect from 26 October 2023, or the date the traffic control device is installed, whichever is later.

This is the recommended option.

Confirms previous approval and enters the co-ordinates into the Traffic Control Devices GIS register.

Does not confirm previous decision. 

2.

Approve some of the proposed changes.

Nil identified.

Does not confirm decision.

3.

Withdraw the proposed changes.

Nil identified.

There could be safety issues and negative community feedback from those already consulted with.

6.2     Option one is recommended.

7.       Legal / Ngā ture 

7.1     The proposed changes meet the requirements of the Tasman District Council Traffic Control Bylaw 2016.

8.       Iwi Engagement / Whakawhitiwhiti ā-Hapori Māori

 8.1    Iwi engagement was described in the 21 September 2023 decision report. 

9.       Significance and Engagement / Hiranga me te Whakawhitiwhiti ā-Hapori Whānui

9.1     The following table describes the level of significance of this decision. Overall, the level of significance is considered low as the decision to approve in principle the Traffic Control Devices has previously been made.

 

 

Issue

Level of Significance

Explanation of Assessment

1.

Is there a high level of public interest, or is decision likely to be controversial?

Low

Previously approved.

2.

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

Low

 

3.

Is there a significant impact arising from duration of the effects from the decision?

Low

Traffic control devices are not permanent and can be changed if required.

4.

Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)

Low

The Council’s roading network is considered a strategic asset. The changes are intended to improve safety and accessibility of our transport network to a variety of user types.

5.

Does the decision create a substantial change in the level of service provided by Council?

Low

 

6.

Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?

Low

Delivering some of the proposed traffic control devices now as part of the Streets for People and Transport Choices projects with external funding may reduce planned expenditure to deliver these changes in future years. 

7.

Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?

No

 

8.

 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

 

9.

Does the proposal or decision involve Council exiting from or entering into a group of activities? 

No

 

10.

Does the proposal require particular consideration of the obligations of Te Mana O Te Wai (TMOTW) relating to freshwater and Affordable Waters services?

 

No

 

 

10.     Communication / Whakawhitiwhiti Kōrero

10.1   The projects have extensive communications plans.   

10.2   Directly affected residents and businesses have been engaged with to provide feedback on the proposed changes.

11.     Financial or Budgetary Implications / Ngā Ritenga ā-Pūtea

11.1   The cost of installing the proposed traffic control devices, and updating the register, will be met from the existing approved budgets.

12.     Risks / Ngā Tūraru

12.1   The risk of not approving the GIS co-ordinates is that the traffic control devices may not be enforceable.

13.     Climate Change Considerations / Whakaaro Whakaaweawe Āhuarangi

13.1   Providing improved facilities for walking and cycling, are likely to reduce transport emissions.

14.     Alignment with Policy and Strategic Plans / Te Hangai ki ngā aupapa Here me ngā Mahere Rautaki Tūraru

14.1   The proposed traffic control device changes are consistent with the Council’s Walking and Cycling Strategy, the Richmond and Motueka Town Centre Parking Strategy 2018–2038, and the Regional Public Transport Plan (RPTP).

15.     Conclusion / Kupu Whakatepe

15.1   The proposed changes to traffic control devices are required to ensure the safe functioning of the road network at these locations, and to contribute to achieving the objectives of the Streets for People projects, Transport Choices, the Walking and Cycling Strategy, and the Regional Public Transport Plan

16.     Next Steps and Timeline / Ngā Mahi Whai Ake

16.1   If the Council approves the proposed changes

16.1.1    Staff will provide instructions to the Council’s contractors to implement the changes required.

16.1.2    Staff will update the Traffic Control Devices Register as soon as changes are in place.

 

17.     Attachments / Tuhinga tāpiri

1.

Traffic Control Devices September 2023 - Approved in Principle

15

  


Tasman District Council Agenda – 22 November 2023

 







































































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Tasman District Council Agenda – 22 November 2023

 

7.2     Referral Report: Saxton Field Capital Works Programme and Draft Activity Management Plan

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Grant Reburn, Reserves and Facilities Manager

Report Authorisers:

Richard Kirby, Group Manager - Community Infrastructure

Report Number:

RCN23-11-5

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     To outline the recommendations from the Saxton Field Committee regarding the Saxton Field Capital Works Programme and Activity Management Plan for the Council to consider in its Long Term Plan 2024/3024 deliberations.

2.       Summary / Te Tuhinga Whakarāpoto

2.1     At the Saxton Field Committee meeting on 8 August 2023, the Committee recommended:

SFC23-08-22

That the Tasman District Council and Nelson City Councils

1.       adopt the proposed capital works programme for Saxton Field contained in Attachment 1 to Report R27843 (196698121-50136) for incorporation into each Council’s draft budgets as part of the Long Term Plan 2024-2034 processes, with the following amendments:

a.      a capital budget line be included to provide for a regional skate facility at Saxton Field with $20,000 included in 2024/25, and $400,000 in each of years 2026/27 and 2027/28, together with an income line budgeting $320,000 income in each of years 2026/27 and 2027/28.

2.       delegate responsibility for agreeing to any amendments to the budget values resulting from further cost analysis to the Councils’ Group Managers (Group Manager Community Services at Nelson City Council and Group Manager Community Infrastructure at Tasman District Council).

2.2     Nelson City Council resolved to adopt the proposed Capital Works Programme for Saxton Field at its 14 September 2023 meeting, subject to the approval of Tasman District Council.

2.3     At the Saxton Field Committee meeting on 7 November 2023, the Committee further recommended:

SFC23-11-25

That the Tasman District and Nelson City Councils

3.       approve the draft Saxton Field Activity Management Plan 2024-34 as the version to inform the development of the Long Term Plan 2024-2034 for Nelson City Council and Tasman District Council.

2.4     The capital works programme is contained in the Draft Saxton Field Activity Management Plan 2024-2034.

2.5     Nelson City Council approved the draft Saxton Field Activity Management Plan 2024-34 to inform the development of the Councils’ Long Term Plans 2024 - 2034 at its meeting on
9 November 2023.

2.6     The Council is being asked to consider both Saxton Field Committee recommendations at today’s meeting.

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the Referral Report: Saxton Field Capital Works Programme and Draft Activity Management Plan RCN23-11-5; and

2.       accepts the proposed capital works programme for Saxton Field contained in Attachment 1 to Report R27843 (196698121-50136) for incorporation into each Council’s draft budgets as part of the Long Term Plan 2024-2034 processes, with the following amendments:

a.       a capital budget line be included to provide for a regional skate facility at Saxton Field with $20,000 included in 2024/25, and $400,000 in each of years 2026/27 and 2027/28, together with an income line budgeting $320,000 income in each of years 2026/27 and 2027/28 and;

3.       delegates responsibility for agreeing to any amendments to the budget values resulting from further cost analysis to the Councils’ Group Managers (Group Manager Community Services at Nelson City Council and Group Manager Community Infrastructure at Tasman District Council) and;

4.       approves the draft Saxton Field Activity Management Plan 2024-34 as the version to inform the development of the Long-Term Plan 2024-2034 for Nelson City Council and Tasman District Council; and

5.       notes that any amendments to the proposed operational, maintenance and capital works programme for Saxton Field arising from the Long Term Plan 2024/2034 consultation and deliberations by each Council be reflected in amendments to the Saxton Field Activity Management Plan 2024-2034.

 

4.       Attachments / Tuhinga tāpiri

1.

RSFC23-08-2 - Proposed Saxton Field Capital Works Programme

91

2.

RSFC23-11-2- DRAFT - Saxton Field Activity Management Plan 2024-2034

103

  


Tasman District Council Agenda – 22 November 2023

 

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Tasman District Council Agenda – 22 November 2023

 

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Tasman District Council Agenda – 22 November 2023

 

7.3     Temporary Road Closures  

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Jeni Thornborough, Road Safety Co-Ordinator

Report Authorisers:

Jamie McPherson, Transportation Manager

Report Number:

RCN23-11-6

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     This report seeks the Council’s approval for temporary road closures for an upcoming local event.

2.       Summary / Te Tuhinga Whakarāpoto

2.1     The proposed road closures are for the Our Town Motueka – Motueka Christmas Parade, Friday 1 December 2023, from 6.00pm to 9.00pm.

·    Pah Street - from Simpson Street to High Street.

·    Wallace Street - from High Street to Decks Reserve carpark entrance.

·    Woodland Avenue - from High Street to Edgewood Crescent.

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the report Temporary Road Closures RCN23-11-6 ; and

2.       approves the following temporary road closures from 6.00 pm to 9.00 pm on Friday,
1 December 2023:

2.1     Pah Street - from Simpson Street to High Street.

2.2     Wallace Street - from High Street to Decks Reserve carpark entrance.

2.3     Woodland Avenue - from High Street to Edgewood Crescent.

4.       Background / Horopaki

4.1     As specified in the Local Government Act 1974 section 342 and schedule 10, temporary road closures for events can only be approved by the Council or a delegated Committee of the Council.

Our Town Motueka – Motueka Santa Parade

4.2     For the Motueka Christmas Parade on Friday, 3 December 2023, Our Town Motueka proposes to close the following local roads (in addition to closure of High Street which is a State Highway administered by Waka Kotahi):

·    Pah Street - from Simpson Street to High Street.

·    Wallace Street - from High Street to Decks Reserve carpark entrance.

·    Woodland Avenue - from High Street to Edgewood Crescent.

4.3     This route has been used in previous years for the parade.

4.4     The applicant was late submitting their application for a temporary road closure, so the proposed closure was advertised in Newsline on 17 November 2023. Staff will provide a verbal update on any objections received to date.

4.5     The Traffic Management Plan will be submitted and reviewed for approval by the Council’s Road Corridor Manager.

4.6     A road closure will be in place and fully managed by a qualified Traffic Management Company.

4.7     The New Zealand Police and the New Zealand Transport Agency have been advised of the proposed closure and have no objections.

4.8     The applicant will deliver a letter advising of the closure to affected residents at least one week before the event.

4.9     Staff recommend that this temporary road closure is approved.

5.       Options / Kōwhiringa

5.1     The options are outlined in the following table:

Option

Advantage

Disadvantage

1.

Approve the proposed temporary road closures described in this report. (Recommended)

Motueka Christmas Parade can proceed as planned.

Some business owners, residents and road users may be temporarily inconvenienced.

2.

Decline the proposed temporary road closures described in this report.

No effect on road users or residents in terms of accessibility.

 

The event cannot proceed in its planned format without the approval of all proposed road closures.

5.2     Option one – approve the temporary road closures is recommended.

6.       Legal / Ngā ture 

6.1     It is a requirement that temporary road closures for certain types of events made under Schedule 10 Clause 11(e) of the Local Government Act 1974 are presented to the Council for approval. Approval for temporary closures for certain events cannot be delegated to Council staff.

6.2     As per clause 11 of Schedule 10 of the Local Government Act 1974, consultation with the Police and Waka Kotahi has been undertaken.

6.3     As per clause 11(e) of Schedule 10 of the Local Government Act 1974, the road closures will not exceed the aggregate of 31 days for any year.

6.4     As per clause 11A of Schedule 10 of the Local Government Act 1974, and clause 5 of the Transport (Vehicular Traffic Road Closure) Regulations 1965, Council staff will advertise the temporary road closures in Newsline and on the Council’s website if the closures are approved.

7.       Significance and Engagement / Hiranga me te Whakawhitiwhiti ā-Hapori Whānui

7.1     The following table describes the level of significance of the decision. Overall, the significance is considered low, as the effects of the closures are minor, although the events have a high level of interest and attendance from the community.

 

 

Issue

Level of Significance

Explanation of Assessment

1.

Is there a high level of public interest, or is decision likely to be controversial?

Moderate

Motueka Santa Parade is well attended and part of a loved tradition that is well supported and attended by the community.

2.

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

Moderate

As above.

3.

Is there a significant impact arising from duration of the effects from the decision?

Low

The Santa Parade is a well supported community event that is short in duration and will have no lasting effects on the roading network.

4.

Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)

Low

The Council’s roading network is considered a strategic asset but this decision only relates to the temporary closures of small sections of the network for a short duration.

5.

Does the decision create a substantial change in the level of service provided by Council?

No

 

6.

Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?

No

 

7.

Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?

No

 

8.

 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

 

9.

Does the proposal or decision involve Council exiting from or entering into a group of activities? 

No

 

10.

Does the proposal require particular consideration of the obligations of Te Mana O Te Wai (TMOTW) relating to freshwater and Affordable Waters services?

 

No

 

 

8.       Financial or Budgetary Implications / Ngā Ritenga ā-Pūtea

8.1     There are no financial or budgetary implications for this decision.

9.       Climate Change Considerations / Whakaaro Whakaaweawe Āhuarangi

9.1     People travelling to and from the Santa Parade will create emissions however the scale is minimal in the context of overall transport-related emissions in Tasman.

10.     Conclusion / Kupu Whakatepe

10.1   The Santa Parade is a positive and well-loved community event with good attendance by residents.

10.2   Temporary road closures for these events require the Council’s approval.

10.3   Staff recommend that the Council approve the temporary road closures in accordance with the Local Government Act 1974 section 374 and Schedule 10.

11.     Next Steps and Timeline / Ngā Mahi Whai Ake

11.1   If the Council approves the temporary road closure:

11.1.1       Staff will advertise the closures in Newsline, Antenno and on the Council’s website and social pages.

11.1.2       Staff will work with Nelson Coachlines to provide alternative bus routes should they be required for bus stops impacted due to road closures.

11.1.3       Applicants will submit a Traffic Management Plan to the Council’s Road Corridor Manager for approval prior to the Santa Parade.

 

12.     Attachments / Tuhinga tāpiri

Nil


Tasman District Council Agenda – 22 November 2023

 

8.7     Motueka Harbour and Coastal Works Reserve Fund Policy Update

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Nick Chin, Enterprise Portfolio Manager

Report Number:

RCN23-11-7

 

1        Summary

1.1     In February 2023, a proposal was made to the Tasman District Council to use the Motueka Harbour and Coastal Works Reserve Fund (Fund) to develop a plan for the mudflat reserve area at Old Warf Road Motueka (see figure 1 below) prior to the grazing lease of part of that area expiring in October 2024.

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Figure 1 "Mudflats reserve" location

1.2     That proposal was approved subject to Motueka Community Board approval (CN23-02-16) (figure 2 below). 

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Figure 2 February 2023 resolution.

1.3     The report to the Community Board was withdrawn following a public submission on the interpretation of the Motueka Harbour and Coastal Works Reserve Fund policy (Policy), in particular, the meaning of “coastal”. The illustration of the area covered did not appear to align with the Policy’s wording.

1.1     Staff have now undertaken a further review of the Policy focused on clarifying the wording generally. A definition of the “coastal environment” which is consistent with the Tasman Regional Management Plan (TRMP) has been added. The amended Policy is attached (Attachment 1).

2        Draft Resolution

That the Tasman District Council:

1.       receives the Motueka Harbour and Coastal Works Reserve Fund Policy Update report, RCN23-11-7; and

2.       approves the amended Motueka Harbour and Coastal Works Reserve Fund Policy as set out in Attachment 1 to the agenda report; and

3.       approves staff presenting the Council’s February 2023 resolution CN23-02-16 approving up to $60,000 from the Motueka Harbour and Coastal Works Reserve Fund to fund the development of an options report for the Old Wharf Road land DP5073, to the Motueka Community Board for its support for the expenditure on this options report.

 

3        Purpose of the Report

3.1     To amend the Policy to reflect TRMP terminology and clarify the scope of the Policy.

3.2     In light of the proposed amendments to the Motueka Harbour and Coastal Works Reserve Fund Policy, to gain approval from the Council to present the Council’s February 2023 resolution approving up to $60,000 from the Fund to fund the development of an options report for the Old Wharf Road land DP5073, to the Motueka Community Board for its support for the expenditure on this options report.

 

4        Background and Discussion

Motueka Harbour and Coastal Works Fund

4.1     The Motueka Harbour and Coastal Works Reserve Account (Fund) was established in 2012. A confidential report “Motueka Harbour Endowment Fund” to the then Corporate Services Committee on 16 August 2012 covered its establishment.

4.2     The Corporate Services Committee, on advice, acknowledged that the Motueka Harbour Endowment Fund ceased to exist as a closed account following the decision of the High Court in December 2009 which resulted in the funds and assets becoming general funds of the Council.

4.3     The Committee further resolved that the Fund would be managed by the Commercial Subcommittee on a fully commercial basis with dividends being paid to satisfy policies established for the use of the funds generated.

4.4     The Fund is managed in accordance with the Motueka Harbour and Coastal Works Reserve Fund Policy. A review of the Policy was carried out in February 2023.

4.5     The Fund and its income are generally available for reinvestment or use within the designated Motueka area. 

4.6     Day-to-day management of the Fund is the responsibility of the Enterprise Portfolio Manager. Through the Fund, the Council has provided an internal loan to the Motueka Holiday Park activity and loaned funds for the Harbourmaster Facility and George Quay Carpark at Motueka. The Council receives a commercial return on these internal loans which goes into the Fund.

4.7     Following the Council’s February 2023 resolution, CN23-02-16 a report was to be presented to the Motueka Community Board but was withdrawn following a concern expressed by a member of the public (and former Councillor) on the probity of assigning funding for this purpose. A key issue was the disparity between the wording and the illustration indicating the scope of the Policy with the result that there was no clear definition of the “coastal” area. 

4.8     The Policy has now been reviewed by the Council's legal and property teams with proposed modifications to align with the wording in the TRMP and generally improve clarity.

 

5        Options - Motueka Harbour and Coastal Works Fund Policy amendments and options report support from Motueka Community Board

5.1     The Council can choose to update the Policy, leave it as is, or request a wider review. The staff recommendation is to update the Policy to set out the geographical scope more accurately.

5.2     Leaving the Policy terminology unamended is likely to cause further confusion and uncertainty over the oversight of the Fund which may negatively impact the Motueka Community Board’s view on the value of obtaining the options report.  

5.3     The options are outlined in the following table:

 

 

Option

Advantage

Disadvantage

1.

Do not update Policy

None

Confusion over the scope of the Policy and delegations.

2.

Change definition of “Coastal” and map to align with TRMP definitions along with a general tidy-up of wording to improve clarity within the document

Clarifies provisions.

Meets review requirement.

Reduces risk of non-compliance.

None. The policy review has not incurred any additional cost to the Council.

5.4     Option two is recommended along with an instruction to staff to seek the support of the Motueka Community Board for the $60,000 expenditure on an options report.

 

6        Strategy and Risks

6.1     Updating and clarifying the Policy is a low-risk decision. There are no climate change or financial implications flowing from the proposed amendments to the Policy.

 

7        Policy / Legal Requirements / Plan

.7.1    It is expected that policies are reviewed from time to time to ensure they remain relevant and current. There is no requirement under our Significance and Engagement Policy for consultation on this Policy review as the proposed changes are minor.

7.2     The Policy sets the authorisation and scope of the use of the Fund.

 

8        Consideration of Financial or Budgetary Implications

8.1     There are no financial or budgetary implications arising from the decision to accept the revised Policy with nomenclature changes.

 

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 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

·   This is a routine process.

·   Planning and consultation will occur in the development of the proposed plans following the preparation of the options report.

 

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 Policy update is largely routine and minor.  It provides alignment to the current TRMP definitions.  

 

11      Next Steps / Timeline

11.1   Finalise and publish the updated Policy on the Council’s website.

11.2   Present the proposal to fund consultation for a plan for the Mudflats Reserve to the Motueka Community Board.

11.3   Upon obtaining Community Board support for obtaining an options report, staff will instruct a suitably qualified professional to prepare the options report.

12      Attachments

1.

Draft Motueka Harbour and Coastal Works Reserve Fund Policy

166

  


Tasman District Council Agenda – 22 November 2023

 

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Tasman District Council Agenda – 22 November 2023

 

7.5     Vehicle Fleet Replacement Programme 2023-24

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Nick Chin, Enterprise and Property Services Manager

Report Authorisers:

Richard Kirby, Group Manager - Community Infrastructure

Report Number:

RCN23-11-8

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     To seek approval to overspend 2023-24 in the fleet expenditure budget by $154,000 in anticipation of recovering $50,000 in clean car rebates. This overspend will be absorbed in the 2024-2025 vehicle fleet funding.

2.       Summary / Te Tuhinga Whakarāpoto

2.1     Following the outcome of the general election, it is anticipated that the previous Government’s clean fuel subsidy (clean car rebate) for new electric (BEV) and hybrid vehicles (PHEV and HEV) will expire on 31 December 2023.

2.2     It is proposed to overspend the 2023-24 budget by $154,000 allowing the anticipated 2024-2025 fleet acquisition of six BEV and two PHEV vehicles. The acquisition will be six months early to allow the Council to realise $50,000 in savings from the clean car rebates. The overspend will be recovered from the anticipated funding in the 2024-2025 financial year.

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the Vehicle Fleet Replacement Programme 2023-24 report, RCN23-11-8; and

2.       approves a net over-expenditure of up to $154,000 in the 2023-2024 financial year to potentially attract $50,140 in clean car rebates, and;

3.       notes that the net over-expenditure in 2023-2024 financial year will be carried forward and funded from the anticipated funding in the 2024-2025 financial year.

4.       Background / Horopaki

4.1     A fleet optimisation strategy was developed in 2022. This strategy allows the Council to reduce carbon and improve fleet safety within existing and proposed Long-Term Plan (LTP) funding by rationalising vehicle numbers and improving utilisation.

4.2     It is anticipated that the clean car rebate ends on 31 December 2023.  Funding some of next year’s anticipated fleet replacement this year to meet this deadline could save $50,140 (figure 1 below).

Figure 1 Cost savings modelled

5.       Analysis and Advice / Tātaritanga me ngā tohutohu

5.1     It is anticipated that the clean car rebate programme will expire on 31st December 2023.  This is unless the new government decides otherwise.  Attracting the rebate will have a positive effect on the Council’s vehicle fleet expenditure.

5.2     Purchasing and registering the proposed vehicles prior to 31st December 2023 would attract the clean car rebate and reduce the net over-expenditure in the 2023/2024 financial year to around $154,000.  It is proposed that the net over-expenditure be carried forward and funded from the anticipated fleet replacement funding in the 2024/2025 financial year. 

6.       Options / Kōwhiringa

6.1     The options are outlined in the following table:

Option

Advantage

Disadvantage

1.

Do nothing

Don’t have to overspend the 2023-2024 by $154,000

$50,140 rebate opportunity lost, unless the scheme continues

2.

Over-expenditure of around $154,000

Take advantage $50,140 rebate opportunity

No rebates of $50,140 in 2024-2025 unless scheme continues.

6.2     Option 2 is recommended.

7.       Legal / Ngā ture 

7.1     Council approval is required for unbudgeted expenditure in 2023/2024.

8.       Iwi Engagement / Whakawhitiwhiti ā-Hapori Māori

 8.1    Not required as this is an operational decision.

9.       Significance and Engagement / Hiranga me te Whakawhitiwhiti ā-Hapori Whānui

9.1     Staff consider that the decision to advance purchase vehicles is of a low level of significance.

9.2     The Council can rely on its current knowledge of the views and preferences of the community when making this decision. Therefore, no formal engagement is necessary. 

9.3     This vehicle purchase opportunity is time critical. Therefore, staff are of the view that there is no time, and it is also not appropriate to seek direct feedback from the community on this decision.

 

 

Issue

Level of Significance

Explanation of Assessment

1.

Is there a high level of public interest, or is the decision likely to be controversial?

Low

This is an operational decision.

2.

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

No

 

3.

Is there a significant impact arising from duration of the effects from the decision?

 No

There is no significant impact arising from the duration of the effects of the decision. It is only to purchase vehicles.

4.

Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)

No

The purchase of vehicles does not relate to a strategic asset as identified in the Policy.

5.

Does the decision create a substantial change in the level of service provided by Council?

No

This would not directly affect the Council’s levels of service.

6.

Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?

No

The advance purchase of the vehicles is minor and would not substantially affect the Council’s debt as provided for in the Long Term Plan. The purpose is to save $50,000.

7.

Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?

No

 

8.

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

 

9.

Does the proposal or decision involve Council exiting from or entering into a group of activities? 

No

 

10.

Does the proposal require particular consideration of the obligations of Te Mana O Te Wai (TMOTW) relating to freshwater and Affordable Waters services?

No

 

 

10.     Communication / Whakawhitiwhiti Kōrero

10.1   No communication is required.

11.     Financial or Budgetary Implications / Ngā Ritenga ā-Pūtea

11.1   It is anticipated that with these purchases that the fleet budget will be overspent by up to $154,000 in the 2024-25 financial year.  This would only occur if these transactions occur before 31 December 2023.

12.     Risks / Ngā Tūraru

12.1   The increasing demand for BEV and PHEV vehicles may mean that we cannot purchase and register all or any of these vehicles by 31 December 2023.

13.     Climate Change Considerations / Whakaaro Whakaaweawe Āhuarangi

13.1   The introduction of BEV and PHEV into the fleet aligns with the Council’s climate and vehicle optimisation strategies.

14.     Alignment with Policy and Strategic Plans / Te Hangai ki ngā aupapa Here me ngā Mahere Rautaki Tūraru

14.1   The introduction of BEV and PHEV into the fleet aligns with the Council’s climate and vehicle optimisation strategies.

15.     Conclusion / Kupu Whakatepe

15.1   It is recommended that the Council approves a 2023-24 over-expenditure of up to $154,000 with the aim of attracting a rebate of $50,140.

15.2   It is proposed that the over-expenditure be carried forward and funded from the anticipated budget in 2024/2025.

16.     Next Steps and Timeline / Ngā Mahi Whai Ake

16.1   If Council resolves to proceed with the recommendation, then staff will endeavour to purchase and register the BEV and PHEV vehicles by 31st December 2023.

 

17.     Attachments / Tuhinga tāpiri

Nil


Tasman District Council Agenda – 22 November 2023

 

7.6     Adoption of Protected Disclosures Policy

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Leith Townshend, Team Leader - Legal

Report Authorisers:

Jennie McFarlane, Legal & Democracy Services Manager

Report Number:

RCN23-11-9

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     The purpose of this report is to present the Council with a new draft Protected Disclosures Policy to consider and approve. The Policy has been drafted to reflect the new requirements of and guidance in the Protected Disclosures (Protection of Whistleblowers) Act 2022. 

1.2     The policy has previously been considered by the Audit and Risk Committee which has recommended that the policy be approved by the Council. 

2.       Summary / Te Tuhinga Whakarāpoto

2.1     On 1 July 2022, the Protected Disclosures (Protection of Whistleblowers) Act 2022 came into force. Since then, Council staff have undertaken a review of the current policy to see whether it meets the requirements of the new Act. Primarily the changes are around serious misconduct and processes around disclosure.

2.2     A new policy and procedures document has been drafted and is attached to this report (Attachment 1). It has been approved by the Executive Leadership Team, however, because the policy also applies to elected members it was considered best practice that the policy be approved by the Council.

2.3     The new policy meets the requirements of the new Act and the guidance produced by the Local Government Ombudsman.

2.4     The Audit and Risk Committee has recommended that the policy be approved by the Council.

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the Adoption of Protected Disclosures Policy report, RCN23-11-9; and

2.       adopts the proposed Protected Disclosures Policy and Procedures document, Attachment 1 to the agenda report, which now reflects the changes and requirements brought in by the Protected Disclosures (Protection of Whistleblowers) Act 2022.

4.       Background / Horopaki

4.1     As a Local Authority the elected members and the Chief Executive Officer of the Tasman District Council are committed to maintaining high standards of ethical and accountable conduct. The Council does not tolerate any form of wrongdoing and encourages positive reporting as an obligation for all elected members and staff. 

4.2     It is recognised that elected members and staff who come forward and report wrongdoing have demonstrated commitment to the organisation and the Council’s values by helping to promote integrity, accountability, and good management within it.

4.3     The Protected Disclosures (Protection of Whistleblowers) Act 2022 replaced the Protected Disclosures Act 2000 on 1 July 2022. It continues the 2000 Act’s purpose – to facilitate the disclosure and investigation of serious wrongdoing in the workplace (also known as whistleblowing) and provide protection for those who report concerns.

4.4     The 2022 Act extends the definition of serious wrongdoing, enables a discloser to report serious wrongdoing to an appropriate authority at any time rather than having to go to their organisation first, specifies what a receiver of a disclosure should do, and identifies the potential forms of adverse conduct disclosers are protected from.

4.5     The Council’s Protected Disclosure Policy was last updated in 2019 and upon review it was considered that it did not meet the requirements of the new legislation.

4.6     Since this was identified, the Legal and Democracy Services Team has been working on updating this policy.

4.7     The updated policy has been provided to the Council’s Executive Leadership team and approved by them on 11 July 2023.

4.8     The Audit and Risk Committee considered the proposed policy and procedures document at its meeting on 27 September 2023 and recommends that they be adopted by the Council.

4.9     The policy has been circulated to Community Board members prior to this meeting of the  Council. While technically they do not meet the definition of a ‘disclosure’ under the Act should a Community Board member make a disclosure of serious wrongdoing, in good faith, it would likely be managed in line with the draft procedures in this policy. 

5.       Analysis and Advice / Tātaritanga me ngā tohutohu

5.1     The updated protected disclosure policy meets the requirements of the Protected Disclosures (Protection of Whistleblowers) Act 2022. It is also consistent with the Ombudsman’s guidance.

6.       Options / Kōwhiringa

6.1     The options are outlined in the following table:

Option

Advantage

Disadvantage

1.

Approve the updated protected disclosures policy 

The Council’s policy will meet the new requirements of the Act and be fit for purpose. 

NA

2.

Do not approve the updated protected disclosures policy 

Staff can take further direction from the Council on what they may like to see in the policy.

The Council’s previous policy remains in force which is not fit for purpose to meet the requirements of the new Act.

6.2     Option one is recommended.

7.       Legal / Ngā ture 

7.1     The updated protected disclosure policy meets the requirements of the Protected Disclosures (Protection of Whistleblowers) Act 2022. It is also consistent with the Ombudsman’s guidance and similar policies and procedures used by other councils.

8.       Iwi Engagement / Whakawhitiwhiti ā-Hapori Māori

 8.1    There has not been any Iwi engagement in relation to this policy and it is considered that none is required as it is intended to be an internal policy only.

9.       Significance and Engagement / Hiranga me te Whakawhitiwhiti ā-Hapori Whānui

9.1     The decision to approve the policy is of medium significance to the wider community as it is important that staff, elected officials, and the general public have confidence in the Council’s reporting practices.

 

 

Issue

Level of Significance

Explanation of Assessment

1.

Is there a high level of public interest, or is decision likely to be controversial?

medium

 

2.

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

NA

 

3.

Is there a significant impact arising from duration of the effects from the decision?

NA

 

4.

Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)

NA

 

5.

Does the decision create a substantial change in the level of service provided by Council?

NA

 

6.

Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?

NA

 

7.

Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?

NA

 

8.

 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?

NA

 

9.

Does the proposal or decision involve Council exiting from or entering into a group of activities? 

NA

 

10.

Does the proposal require particular consideration of the obligations of Te Mana O Te Wai (TMOTW) relating to freshwater and Affordable Waters services?

NA

 

 

10.     Communication / Whakawhitiwhiti Kōrero

10.1   Once approved by the Council, the policy and procedures will be promoted to staff and elected members. The Protected Disclosures (Protection of Whistleblowers) Act 2022 requires that, once a policy has been adopted, it is promoted on a regular basis.

10.2   Consideration will also be given to creating training videos for staff and elected members so that new staff are informed about the Council’s policy and procedures.

11.     Financial or Budgetary Implications / Ngā Ritenga ā-Pūtea

11.1   Adopting this policy does not have any financial implications for the Council.

12.     Risks / Ngā Tūraru

12.1   There is a risk that the current policy is not fit for purpose and does not meet the requirements of the new legislation.

12.2   However, the attached policy and procedures document is compliant with the legislation and guidance produced by the Ombudsman.

13.     Conclusion / Kupu Whakatepe

13.1   Adoption of this policy will show the Council’s continued commitment to maintaining high ethical standards by encouraging and supporting staff and elected members who raise concerns of wrongdoing in good faith.

14.     Next Steps and Timeline / Ngā Mahi Whai Ake

14.1   Once approved by the Council, the policy and procedures will be promoted to staff and elected members. The Protected Disclosures (Protection of Whistleblowers) Act 2022 requires that once a policy has been adopted it is promoted on a regular basis.

 

15.     Attachments / Tuhinga tāpiri

1.

Draft Protected Disclosures Policy and Procedures 2023

180

  


Tasman District Council Agenda – 22 November 2023

 

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Tasman District Council Agenda – 22 November 2023

 

7.7     Amendment to 20 July 2023 Council resolutions re Port Tarakohe Development  

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Marie Callander, Corporate Counsel

Report Authorisers:

Mike Drummond, Group Manager - Finance

Report Number:

RCN23-11-10

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     To amend clauses 7 and 8 of the Council’s 20 July 2023 decision CN23-07-1 regarding the Port Tarakohe Development (Resolutions).

2.       Summary / Te Tuhinga Whakarāpoto

2.1     It has come to staff’s attention that the Resolutions contained an error that needs to be corrected to ensure that the $6,000,000 expenditure supported by the $6,000,000 loan from Kānoa/Ministry of Business, Innovation and Employment (Kānoa) is appropriately approved.

2.2     On 20 July 2023, the Council resolved (as amended by the Council on 10 August 2023, by resolution CN23-08-15) as follows:

CN23-07-2 and CN23-08-15

That the Tasman District Council

          1.       receives the Port Tarakohe Development report; and

2.       authorises the Chief Executive to agree to the Kānoa Indicative Term Sheet for Loan set out in (Attachment 1) to the Agenda Report (Kānoa Indicative Term Sheet for Loan) to provide for the $6,000,000 loan funding to the Council from Kānoa/Ministry of Business, Innovation and Employment (Kānoa) for the development of Port Tarakohe (Loan), provided that an additional clause be added to the Kānoa Indicative Term Sheet noting that “If Tasman District Council transfers Port Tarakohe to a council-controlled organisation to the reasonable satisfaction of Kānoa, then Kānoa may convert the debt to equity on reasonable terms agreed between Tasman District Council and Kānoa subject to approval of those terms by the Minister of Finance” (Equity Stake Variation)

3.       authorises the Chief Executive Officer on behalf of the Council to, subject to          clearance from the Council’s financial and legal advisors:

          3.1     approve any minor changes to the Kānoa Indicative Term Sheet for Loan; and

          3.2     finalise a funding agreement with Kānoa substantially on the terms set out in                   the Kānoa Indicative Term Sheet for Loan and including the Equity Stake                        Variation, or terms more favourable to Council if this is able to be negotiated                   with Kānoa (Funding Agreement); and

3.3     enter into, execute, and deliver such other agreements, security arrangements, instruments, notices communications and other documents and do such other things in connection with the Funding Agreement as the Chief Executive may consider necessary; and

4.       approves the Council entering into and, following execution, delivering and performing its obligations under the Funding Agreement and any other documents entered into in connection with the Funding Agreement and that these documents may be executed by:

4.1     (in the case of agreements) the Chief Executive; and

4.2     (in the case of deeds) two elected members, on behalf of the Council; and

5.       notes that any material variation to the funding terms as set out the Kānoa Indicative Term Sheet for Loan (other than the Equity Stake Variation or any other variation that is more favourable to Council) will be referred back to Council for a final decision; and

6.       notes that the outcome of the funding offer will be reported back to the Council via the Chief Executive Officer’s Update Report; and

7.       notes that the capital works programme for 2023/2024 and the draft budgets 2024/2025 will be reviewed to minimise the risk of the Council exceeding its current debt cap of $250 million; and

8.       approves capital works expenditure budgeted for 2024/25 being brought forward to the 2023/24 financial year to enable additional works to be undertaken at Port Tarakohe utilising the $6,000,000 Loan funding to be provide under the Funding Agreement; and

9.       notes that there will be an additional increase in fees and charges over time at Port Tarakohe to help offset the impacts of the additional borrowing; and

10.     requests that the Chief Executive Officer approach Nelson City Council asking it to provide financial support for the developments to be undertaken at Port Tarakohe using the Loan funding; and

11.     agrees that the decision only be made publicly available once funding is finalised and that the report and its attachments remain confidential at this time.

 

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the Amendment to 20 July 2023 Council resolutions re Port Tarakohe Development report RCN23-11-10; and in accordance with Tasman District Council Standing Order 23.6, amends clauses 7 and 8 of the 20 July 2023 Tasman District Council Resolution CN23-07-5, as follows:

FROM:

7.       notes that the capital works programme for 2023/2024 and the draft budgets 2024/2025 will be reviewed to minimise the risk of the Council exceeding its current debt cap of $250 million; and

8.       approves capital works expenditure budgeted for 2024/25 being brought forward to the 2023/24 financial year to enable additional works to be undertaken at Port Tarakohe utilising the $6,000,000 Loan funding to be provide under the Funding Agreement; and

TO:

7.       notes that the capital works programme for 2023/2024 and the draft budgets in the Long Term Plan 2024/2034 will be reviewed to reflect the agreement with Kānoa to co-fund the development at Port Tarakohe under the Funding Agreement; and

8.       approves unbudgeted capital works expenditure to enable additional works to be undertaken at Port Tarakohe utilising the $6,000,000 of funding to be provided under the Funding Agreement; and …

 

 

4.       Attachments / Tuhinga tāpiri

Nil


Tasman District Council Agenda – 22 November 2023

 

7.8     Together Te Tauihu - Partnership Agreement for a Stronger Te Tauihu

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Marie Callander, Corporate Counsel

Report Authorisers:

Leonie Rae, Chief Operating Officer; Janine Dowding, Chief Executive Officer

Report Number:

RCN23-11-11

 

1.       Purpose of the Report / Te Take mō te Pūrongo

1.1     The purpose of this report is to seek the Council’s approval for the Mayor to sign the Together Te Tauihu – A Partnership Agreement for a Stronger Te Tauihu (Partnership Agreement) (substantially in the proposed form set out in Attachment 1) on behalf of the Council.

2.       Summary / Te Tuhinga Whakarāpoto

2.1     The Partnership Agreement is a high-level aspirational agreement to be entered into between:

·    Te Pātaka a Ngāti Koata Trust

·    Te Rūnanga o Ngāti Rārua

·    Ngāti Tama ki Te Waipounamu.

·    Te Ātiawa o te Waka-a-Māui

·    Te Rūnanga o Toa Rangatira

·    Te Rūnanga o Ngāti Kuia

·    Ngāti Apa ki Te Rā Tō

·    Te Rūnanga a Rangitāne o Wairau

·    Ngā Kaunihera o Te Tauihu;

·    Te Kaunihera o Whakatū / Nelson City Council

·    Te Kaunihera o Te Tai o Aorere / Tasman District Council, and

·    Te Kaunihera ā-Rohe o Wairau / Marlborough District Council

2.2     The Partnership Agreement is intended to provide a platform for a stronger Te Tauihu, by affirming a strong partnership between Ngā Iwi o Te Tauihu (Iwi) and Ngā Kaunihera o Te Tauihu (Councils) to enhance the wellbeing of Te Tauihu now and into the future.

 

 

2.3     The Partnership Agreement sets out a vision:

We are the people of Te Tauihu. Together, we care for the health and wellbeing of our people and our places. We will leave our taonga in a better state than when it was placed in our care, for our children and the generations to come. Tūpuna Pono – Being Good Ancestors,

along with:

2.3.1  partnership principles; and

2.3.2  protocols;

2.3.3  practices; and

2.3.4  implementation pathways,

to give effect to the vision.

2.4     By signing the Partnership Agreement, the Council is able to show its support for the vision.  There is no financial commitment involved.

2.5     Staff understand that:

2.5.1  the Partnership Agreement is to be signed at the Iwi Chairs and Mayors hui scheduled for 12 December 2023; and

2.5.2  there are not expected to be any substantive changes to the document prior to it being presented to all parties for signing (however, there may be some minor changes for clarity and layout purposes).

3.       Recommendation/s / Ngā Tūtohunga

That the Tasman District Council

1.       receives the Together Te Tauihu - Partnership Agreement for a Stronger Te Tauihu report RCN23-11-11; and

2.       approves the form of the draft Together Te Tauihu a Partnership Agreement for a Stronger Te Tauihu (Partnership Agreement) in the form attached as Attachment 1 to the agenda report; and

2.1     subject to the Mayor and Corporate Counsel confirming that the final form of the Partnership Agreement is not materially different from the draft included as Attachment 1 to the agenda report, approves the Mayor signing the final form of the Partnership Agreement on behalf of Tasman District Council.

4.       Background / Horopaki

4.1     In 2022, it was decided by all eight Iwi that they wished to create a partnership agreement with all three Te Tauihu Councils.

4.2     Since that decision was made there have been several meetings at Iwi governance and Chief Executive Officer levels resulting in the draft Partnership Agreement.

4.3     The Partnership Agreement is intended to strengthen the relationship between the eight iwi and the three Councils of Te Tauihu based on Te Tiriti o Waitangi setting a foundation of values and principles that outline how we are all going to work together in a mana enhancing way.

5.       Analysis and Advice / Tātaritanga me ngā tohutohu

5.1     The Partnership Agreement recognises that Te Tiriti o Waitangi informs this relationship and offers a framework from which to work together to realise the full potential of Te Tauihu o Te Waka-a-Māui, to protect and enhance the taonga of Te Tauihu and give effect to principles and practices of Te Tiriti o Waitangi within this region.

Aspirational document

5.2     The Partnership Agreement is an aspirational document which, while establishing a vision, principles, protocols and practices and implementation pathways, does not include any new financial commitments.

5.3     Staff understand that any specific contractual obligations (flowing from the strengthened relationships that the Partnership Agreement envisions and aspires to) would be entered into between individual councils and iwi.

6.       Options / Kōwhiringa

6.1     The options are outlined in the following table:

Option

Advantage

Disadvantage

1.

Approve the Mayor signing the Partnership Agreement

Provides a platform for a stronger Te Tauihu, by affirming a strong partnership between Iwi Councils to enhance the wellbeing of Te Tauihu now and into the future

None

2.

Not approve the Mayor signing the Partnership Agreement

None

A key opportunity to strengthen the partnership relationship between the Council and Iwi would be lost.

A negative signal would be sent to Iwi and other Councils about Tasman District Council’s approach to working with Iwi.

6.2     Option 1 is recommended.

7.       Legal / Ngā ture 

7.1     There are no legal implications of the Mayor signing Together Te Tauihu. The document is aspirational and makes no new substantive legal commitment.

8.       Iwi Engagement / Whakawhitiwhiti ā-Hapori Māori

 8.1    Iwi have been extensively involved in the development of the Partnership Agreement.

9.       Significance and Engagement / Hiranga me te Whakawhitiwhiti ā-Hapori Whānui

9.1     While the Council entering into the Partnership Agreement is meaningful and important, its significance in terms of the Significance of Engagement Policy is low and Councillors can rely on their existing understanding of the views and preferences of the 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

There are no financial implications flowing from entering into the Partnership Agreement.

2.

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

No

 

3.

Is there a significant impact arising from duration of the effects from the decision?

No

 

4.

Does the decision relate to a strategic asset? (refer Significance and Engagement Policy for list of strategic assets)

No

 

5.

Does the decision create a substantial change in the level of service provided by Council?

No

 

6.

Does the proposal, activity or decision substantially affect debt, rates or Council finances in any one year or more of the LTP?

No

 

7.

Does the decision involve the sale of a substantial proportion or controlling interest in a CCO or CCTO?

No

 

8.

 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

 

9.

Does the proposal or decision involve Council exiting from or entering into a group of activities? 

No

 

10.

Does the proposal require particular consideration of the obligations of Te Mana O Te Wai (TMOTW) relating to freshwater and Affordable Waters services?

No

 

 

10.     Communication / Whakawhitiwhiti Kōrero

10.1   Staff have confirmed that the Council will be represented at the Iwi Chairs and Mayors hui on 12 December 2023.

10.2   Once the proposed resolution is passed, staff will confirm to Iwi and the other councils that the Mayor has approval to sign the Partnership Agreement.

11.     Financial or Budgetary Implications / Ngā Ritenga ā-Pūtea

11.1   There are no budgetary implications of this decision.

12.     Risks / Ngā Tūraru

12.1   Entering into the partnership is a low-risk decision. However, refusing to enter into the Partnership Agreement could undermine ongoing relationships with Iwi.

13.     Climate Change Considerations / Whakaaro Whakaaweawe Āhuarangi

13.1   No impact on climate change considerations.

14.     Alignment with Policy and Strategic Plans / Te Hangai ki ngā aupapa Here me ngā Mahere Rautaki Tūraru

14.1   Entering into the Partnership Agreement is in alignment with the Council’s Fostering Māori Partnership in Council Decision-Making Through Ngā Iwi/Council Partnership, the Memorandum of Understanding between Local Government New Zealand, and the Iwi Chairs Forum, signed in 2015 and the Council’s statutory obligations including under the Resource Management Act 1991 and the Local Government Act 2002.

15.     Conclusion / Kupu Whakatepe

15.1   Entering into the Partnership Agreement will be beneficial for the Council and the communities of Te Tauihu.

16.     Next Steps and Timeline / Ngā Mahi Whai Ake

16.1   The Mayor to sign the Partnership Agreement at the Iwi Chairs and Mayors hui on 12 December 2023.

17.     Attachments / Tuhinga tāpiri

1.

Together Te Tauihu

196

  


Tasman District Council Agenda – 22 November 2023

 

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Tasman District Council Agenda – 22 November 2023

 

8.8     Tasman District Council Schedule of Meetings (Meetings Calendar) 2024

Decision Required

Report To:

Tasman District Council

Meeting Date:

22 November 2023

Report Author:

Robyn Scherer, Executive Assistant and Advisor to the Mayor; Alexis Brough, Executive Support Officer, Chief Executive's Office

Report Number:

RCN23-11-12

 

1        Summary

1.1     Clause 19, Schedule 7 of the Local Government Act 2022 sets out requirements for written notification of meetings to elected members.

1.2     It is standard practice for Councils to adopt a schedule of meetings by resolution in order to meet those legislative requirements (Attachment 1).

1.3     The proposed schedule is based on a six-weekly cycle for Council and Standing Committees, four-weekly cycle for Community Boards, with other cycles, such as quarterly, for various committees and subcommittees, for example, the Audit and Risk Committee.

1.4     It is noted that some meetings will be required to be arranged on an ‘as needed’ basis, for example, Submission Hearings.

1.5     To accommodate Council business, the schedule may need to be amended and elected members will be given as much notice as possible of any changes that become necessary.

1.6     Elected members will also receive notification through the weekly Tasman Update, which gives details of upcoming Council meeting commitments for the following week.

1.7     In addition, the electronic Outlook meetings calendar will also be kept up to date. Elected Members can access the Outlook meetings calendar via their Council laptops.

2        Draft Resolution

That the Tasman District Council

1.        receives the Tasman District Council Schedule of Meetings (Meetings Calendar) 2024 report, RCN23-11-12; and

2.        adopts the Tasman District Council Schedule of Meetings (Meetings Calendar) for the 2024 calendar year as set out in Attachment 1 to the agenda report; and

3.        notes that the Schedule of Meetings may be amended, as required, to perform Council business efficiently.

3        Purpose of the Report

3.1     To adopt the Tasman District Council Schedule of Meetings (Meetings Calendar) for 2024, in accordance with Clause 19, Schedule 7 of the Local Government Act 2002.

 

4        Options

4.1     The Council can choose to either adopt the proposed Schedule of meetings for 2024, amend the proposed Schedule, or not to adopt the proposed Schedule.

4.2     Staff recommend adoption of the Schedule of meetings to provide clarity for elected members regarding their meeting commitments and to meet legislative requirements.

 

5        Policy / Legal Requirements / Plan

.5.1    Adopting a schedule of meetings is in accordance with Schedule 7 of the Local Government Act 2002. Adoption of the proposed Schedule of Meetings 2024 assists the Council in enabling democratic decision-making as efficiently and effectively as possible and assists staff to schedule reports appropriately.

 

6        Consideration of Financial or Budgetary Implications

6.1     There are no direct budgetary consequences related to the decision to adopt the Schedule of Meetings 2024.

 

7        Significance and Engagement

7.1     This is a decision for Council and no engagement is required to set the Council’s Schedule of Meetings, it is an internal process.

 

Issue

Level of Significance

Explanation of Assessment

1.  

Is there a high level of public interest, or is decision likely to be controversial?

 low

 

2.  

Are there impacts on the social, economic, environmental or cultural aspects of well-being of the community in the present or future?

 no

 

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

 

 

8        Conclusion

8.1     Staff recommend adoption of the Schedule of Meetings 2024; this is the same meeting cycle that has been used successfully in previous trienniums and will allow elected members to plan their other engagements/commitments accordingly and provide clarity for the public.

 

9        Next Steps / Timeline

9.1     If the Schedule of Meetings is adopted, staff will complete the necessary administration to arrange the meetings as per the schedule, this includes the provision of a Calendar of Meetings on the Council’s website for the calendar year and the issuing of meeting invitations to elected members, so that their diaries are appropriately up to date with the meetings that they are required to attend.

 

10      Attachments

1.

Meetings Calendar 2024

211

  



Tasman District Council Agenda – 22 November 2023

 

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Tasman District Council Agenda – 22 November 2023

 

8       CONFIDENTIAL SESSION

8.1     Procedural motion to exclude the public

The following motion is submitted for consideration:

That the public be excluded from the following part(s) of the proceedings of this meeting. 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 follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

8.2     Referral Report - Port Tarakohe Commercial Review and Recommendations for the Draft 2024-34 LTP

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

8.3     Murchison Contractors Yard building demolition and replacement business case

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

 

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

8.4     Wainui Urupā

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

8.5     Code of Conduct Report

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

s7(2)(f)(ii) - The withholding of the information is necessary to maintain the effective conduct of public affairs through the protection of such members, officers, employees and persons from improper pressure or harassment.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.