Minutes of Environment and Regulatory Committee

MINUTES

of the

Environment and Regulatory Committee MEETING

Komiti Ture

held

9:31 am, Thursday, 18 July 2024

Tasman Council Chamber, 189 Queen Street, Richmond

The video recording of this meeting is available on the Council’s YouTube channel.

Present: Golden Bay Community Board Member (G Knowles), Motueka Community Board Member (D Armstrong) (via Zoom), Councillor C Hill (Chair), Mayor T King (via Zoom), Deputy Mayor S Bryant, Councillors C Butler, B Dowler, G Daikee, J Ellis, M Greening, M Kininmonth, C Mackenzie, K Maling, B Maru (Deputy Chair), D Shallcrass and T Walker

In Attendance: Strategic Policy Manager (D Fletcher), Group Manager - Service & Strategy, (J Ridd), Senior Climate Change Policy Advisor (B Lewando), Community Policy Advisor (C Budai), Team Leader Compliance & Investigations (C Cheeseman), Compliance and Investigations Officer (J Stuart), Acting Team Leader - Infrastructure Planning (K Arnold), Building Assurance Manager (M Feely), Team Leader - Biosecurity & Biodiversity (G Coleman) (via Zoom), Team Leader - Soils & Land Use (M Langford), Programme Leader - Property Transactions (R Cant), Compliance & Investigations Officer (N Green, Regulatory Manager (S Bruyns), Compliance and Investigations Officer (M Lewers), Team Leader - Democracy Services (E Stephenson) and Democracy Advisor (G Dawson)

Absent:

1 OPENING, WELCOME

The Chair opened the meeting and invited Strategic Policy Manager, Dwayne Fletcher, to give the opening karakia.

2 APOLOGIES AND LEAVE OF ABSENCE

Moved Councillor Mackenzie/Deputy Mayor Bryant

RC24-07-1

That the apology for lateness from Mayor T King be accepted.

CARRIED

3 Public Forum

3.1 Tasman Democracy - Mathias Schaeffner - Draft Bylaws on agenda

Mathias Schaeffner, representing Tasman Democracy, spoke regarding the draft bylaws on the agenda.

He noted that the Council would be publicly consulting on five draft bylaws at the same time as the Representation Review Initial Proposal and voiced concerns regarding the time this allowed the public to provide considered submissions.

He voiced his frustration that workshops were not open to the public and that multiple requests for workshop material had been deemed trivial, vexatious and frivolous and lacking public value. He felt this obstructed public participation.

He referred to a question made earlier in the year, and again this week, regarding powers of entry to private land, search warrants and a list of court cases and noted that he was not satisfied with the response given.

4 DECLARATIONS OF INTEREST

Nil

5 LATE ITEMS

Nil

6 CONFIRMATION OF MINUTES

Moved Councillor Kininmonth/Councillor Mackenzie

RC24-07-2

That the minutes of the Environment and Regulatory Committee meeting held on Thursday, 6 June 2024, be confirmed as a true and correct record of the meeting.

CARRIED

7 Reports

7.1 Group Manager - Environmental Assurance Report

The report was taken as read. The following staff answered questions on the report:

Strategic Policy Manager, Dwayne Fletcher

Group Manager - Service & Strategy, John Ridd

Senior Climate Change Policy Advisor, Barbara Lewando

Community Policy Advisor, Cat Budai

Team Leader – Compliance & Investigation (Land and Air), Dave Shaw

Building Assurance Manager, Matt Feely.

Action: John Ridd to feedback information on city and regional deals projects that the Nelson Regional Development Agency (NRDA) was leading on the Council’s behalf.

Moved Deputy Mayor Bryant/Councillor Maru

RC24-07-3

That the Environment and Regulatory Committee

1. receives the Group Manager - Environmental Assurance Report RRC24-07-1; and

2. retrospectively approves the Tasman District Council submission to the Resource Management (Freshwater and Other Matters) Amendment Bill, in Attachment 1 to the agenda report; and

3. retrospectively approves the Tasman District Council submission to the Inquiry into the Climate Adaptation Framework, in Attachment 2 to the agenda report.

CARRIED

7.2 Draft Public Water Supply Bylaw

Ms Budai, Team Leader Compliance & Investigations, Carl Cheeseman, and Acting Team Leader - Infrastructure Planning, Kim Arnold, presented the report.

It was noted that:

· the intention was for the same hearings and deliberations panel to be appointed for all of the draft bylaws and the membership would include an elected member from each ward

· the Dog Control Bylaw had been withdrawn from this agenda and would be considered at the 1 August Council meeting, but that the process and timeline would be the same as for the other bylaws

· it was proposed that a Zoom option would be available at Tākaka (and Motueka) for submitters wanting to speak to their submissions.

Discussion took place on hearing and deliberations panel membership and the ability for a nominated alternative elected member to attend if an appointed member was unavailable was added for all of the bylaws. It was agreed that the membership for each draft bylaw hearings and deliberations panel would be resolved separately for each of the bylaws.

Nominations were made for the Draft Public Water Supply Bylaw Hearings and Deliberations Panel membership.

Moved Deputy Mayor Bryant/Councillor Maru

RC24-07-4

That the Environment and Regulatory Committee

1. receives the Draft Public Water Supply Bylaw Report RRC24-07-2; and

2. notes that the Public Water Supply Bylaw has been reviewed in accordance with Section 160 of the Local Government Act 2002; and

3. in accordance with Section 155 of the Local Government Act 2002:

a. agrees that the proposed bylaw is the most appropriate form of bylaw to manage the public water supply; and

b. notes that the proposed bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990; and

3. approves the Draft Public Water Supply Bylaw and Statement of Proposal (Attachment 1 to the agenda report), and the Summary of Information (Attachment 2 to the agenda report) for public consultation, using the Special Consultative Procedure as outlined in sections 83 and 86 of the Local Government Act 2002; and

4. authorises staff to give public notice of the Council’s intention to consult on the Draft Public Water Supply Bylaw as per Attachment 1 to the agenda report; and

5. delegates authority to the Mayor and Chief Executive Officer to make any amendments to the Draft Bylaw, Statement of Proposal, or Summary of Information that may be agreed to at the Council meeting, and make any minor changes; and

6. appoints a Hearings and Deliberations Panel consisting of:

· Councillor Hill, Chair of the Environment and Regulatory Committee (Chair)

· Councillor Dowler

· Councillor Ellis

· Deputy Mayor Bryant

· Councillor Kininmonth

· or a nominated alternative elected member if an appointed member is unavailable,

to hear and consider submissions on the Draft Public Water Supply Bylaw and make recommendations to the Tasman District Council.

CARRIED

7.3 Draft Cat Management Bylaw

Ms Budai and Team Leader - Biosecurity & Biodiversity, Guinevere Coleman, answered questions regarding the intent of the bylaw.

Nominations were made for the Draft Cat Management Bylaw Hearings and Deliberations Panel membership.

During discussion, Councillor Maling raised a Point of Order against Councillor Greening for irrelevance regarding his comments relating to the Joint Committee meeting’s consideration of the Saxton Field Reserve Management Plan and alcohol promotion. In response to the Point of Order, the Chair reminded Councillor Greening that he should only be speaking to matters in the agenda. Councillor Greening continued speaking about Saxton Field alcohol advertising matters, at which point, the Chair repeated her request for relevance to the agenda item and gave Councillor Greening the opportunity to add anything new regarding the draft Cat Management Bylaw. Councillor Greening resumed his debate along the same lines, the Chair then ruled that the issues he was raising were not related to the agenda item and moved on to another speaker.

Mayor King joined the meeting at 10:45 am (via Zoom).

Moved Councillor Maling/Councillor Mackenzie

RC24-07-5

That the Environment and Regulatory Committee

1. receives the Draft Cat Management Bylaw Report RRC24-07-3; and

2. in accordance with Section 155 of the Local Government Act 2002:

a. agrees that the proposed bylaw is the most appropriate form of bylaw for cat management; and

b. notes that the proposed bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990; and

3. approves the Draft Cat Management Bylaw and Statement of Proposal (Attachment 1 to the agenda report), and the Summary of Information (Attachment 2 to the agenda report) for public consultation, using the Special Consultative Procedure as outlined in sections 83 and 86 of the Local Government Act 2002; and

4. authorises staff to give public notice of the Council’s intention to consult on the Draft Cat Management Bylaw; and

6. appoints a Hearings and Deliberations Panel consisting of:

· Councillor Chris Hill, Chair of the Environment and Regulatory Committee (Chair)

· Councillor Maru

· Councillor Mackenzie

· Councillor Ellis

· Deputy Mayor Bryant

· or a nominated alternative elected member if an appointed member is unavailable,

to hear and consider submissions on the Draft Cat Management Bylaw and make recommendations to the Tasman District Council.

CARRIED

Councillor Greening exited the meeting at 10:49 am.

7.4 Draft Dog Control Bylaw

This item was withdrawn to be considered at the 1 August 2024 Tasman District Council meeting.

7.5 Draft Public Places Bylaw

The report was taken as read.

Nominations were made for the Draft Public Places Bylaw Hearings and Deliberations Panel membership.

Moved Councillor Maling/Councillor Dowler

RC24-07-6

That the Environment and Regulatory Committee

1. receives the Draft Public Places Bylaw Report RRC24-07-5; and

2. in accordance with Section 155 of the Local Government Act 2002:

a. agrees that the proposed bylaw is the most appropriate form of bylaw to manage activities in public places; and

b. notes that the proposed bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990; and

3. approves the Draft Public Places Bylaw and Statement of Proposal (Attachment 1 to the agenda report), and the Summary of Information (Attachment 2 to the agenda report) for public consultation, using the Special Consultative Procedure as outlined in sections 83 and 86 of the Local Government Act 2002; and

4. authorises staff to give public notice of the Council’s intention to consult on the Draft Public Places Bylaw as per Attachment 1 to the agenda report; and

6. appoints a Hearings and Deliberations Panel consisting of:

· Councillor Chris Hill, Chair of the Environment and Regulatory Committee (Chair)

· Councillor Walker

· Councillor Kininmonth

· Councillor Mackenzie

· Councillor Greening

· or a nominated alternative elected member if an appointed member is unavailable,

to hear and consider submissions on the Draft Public Places Bylaw and make recommendations to the Tasman District Council.

CARRIED

7.6 Granting of Lease to Nelson Tasman Kindergarten Association - Treeton Place Wakefield

Programme Leader - Property Transactions, Robert Cant, presented the report and answered questions, noting that there would be some detriment, but it was felt that the benefits for Wakefield and the wider community outweighed the detriment.

It was noted that parking around the Kindergarten entrance would need to be monitored. Mr Cant answered questions regarding the term of community leases and the timeline for the Community Leasing Policy.

He noted that once a lease decision had been made, a resource consent would be lodged, which would consider the detrimental effects of parking and would require mitigation of those effects.

The two additional submissions referred to in clause 3 of the resolution are available on the Council’s website in the Minutes Attachment document.

Moved Councillor Shallcrass/Councillor Mackenzie

RC24-07-7

That the Environment and Regulatory Committee

1. receives the Granting of Lease to Nelson Tasman Kindergarten Association - Treeton Place Wakefield report RRC24-07-6; and

2. receives the summary of submissions received as a result of public notification in Attachment 2 to the agenda report; and

3. receives the two additional submissions received on 12 July 2024 from the Wakefield Bush Restoration and from Eveline South; and

4. approves the grant of a lease for five (5) years, with two (2) rights of renewal for ten (10) years each, subject to a viable Kindergarten being able to be established, to the Nelson Tasman Kindergarten Association of part of the Local Purpose (Community Buildings) Reserve at 24 Treeton Place in Wakefield. Part Section 3, SO 348765. Record of Title 534857; and

5. delegates to the Property Services Manager, the ability to sign any documentation required to give effect to this decision to grant the lease.

CARRIED

Attachment 1 Additional submissions

The meeting was adjourned at 11.00am and reconvened at 11.15am.

7.7 District-wide Water Monitoring Report

Compliance & Investigations Officer, Neil Green, and Regulatory Manager, Shane Bruyns, presented the report and answered questions regarding the report.

Moved Councillor Maling/Deputy Mayor Bryant

RC24-07-8

That the Environment and Regulatory Committee

1. receives the District-wide Water Monitoring Report RRC24-07-7.

CARRIED

7.8 Annual Dairy Farm Effluent Compliance Monitoring

Mr Bruyns, Compliance and Investigations Officer, Jane Stuart, Mr Cheeseman, and Compliance and Investigations Officer, Mark Lewers, presented the report and answered questions.

Moved Deputy Mayor Bryant/Councillor Butler

RC24-07-9

That the Environment and Regulatory Committee

1. receives the Annual Dairy Farm Effluent Compliance Monitoring Report RRC24-07-8.

CARRIED

7.9 Rivers and Coastal Structures Update

Team Leader - Rivers & Coastal, David Arseneau, and Senior Resource Scientist - Rivers and Coast, Alastair Clement presented the report and answered questions.

Action: David Arseneau to follow up with Deputy Mayor Bryant offline regarding whether individuals could access the Regional Infrastructure Fund.

Action: Alastair Clement to provide a memo to elected members regarding gravel extraction, including the histories of extraction in rivers. Following this, it would be decided whether a workshop was required on specific topics later in the year.

Action: David Arseneau to check that the Brightwater Community Association was included on the list of groups being engaged with regarding the Waimea River Park Plan.

Action: David Arseneau to follow up regarding the removal from the roadside of the vehicle that had been removed from the river, to see how it could be better handled.

Deputy Mayor Bryant exited the meeting at 12:08 pm.

Moved Councillor Mackenzie/Councillor Maling

RC24-07-10

That the Environment and Regulatory Committee

1. receives the Rivers and Coastal Structures Update Report RRC24-07-9.

CARRIED

7.10 Environmental Information Manager's Report

Ms Langford, Mr Clement and Mr Feely presented the report and answered questions. An error was identified in the agenda report, which should say the Motueka Catchment before Section 15.

Action: Alastair Clement to provide a brief future presentation to the Golden Bay Community Board on Tākaka Flood modelling.

Action: Ms Langford to provide an update on how wasp hover fly monitoring will proceed and whether St Arnaud could be considered for as part of this programme.

Action: Ms Langford to check whether the report on Lakes referred to in paragraph 40.1 of the report would be included in the October agenda.

Action: Rob Smith to investigate whether individual reports, like the Lakes report, the Environmental Information Manager’s report and story maps for estuaries could be made available separately and made more easily accessible to the community, for instance via Shape Tasman.

Moved Councillor Butler/Councillor Dowler

RC24-07-11

That the Environment and Regulatory Committee

1. receives the Environmental Information Manager's Report RRC24-07-10.

CARRIED

8 CONFIDENTIAL SESSION

Mr Fletcher offered the closing karakia.

The meeting concluded at 12.29pm.

Confirmed as a correct record of proceedings by resolution on 29 August 2024.

That the minutes of the Environment and Regulatory Committee meeting held on Thursday, 18 July 2024, be confirmed as a true and correct record of the meeting.

CARRIED