Agenda of Future Napier Committee - Thursday, 16 June 2022

Future Napier Committee - 16 June 2022 - Open Agenda Item 1

Agenda Items

1. Ahuriri Regional Park - Joint Committee Terms of Reference

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1469734
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

1.1 Purpose of Report

To approve the establishment of a Joint Committee with Hawke’s Bay Regional Council and Mana Ahuriri Trust that will provide governance to the Ahuriri Regional Park project; to endorse the Terms of Reference for the Ahuriri Regional Park Joint Committee; and to appoint the Napier City Council Ahuriri Regional Park Joint Committee members.

Officer’s Recommendation

The Future Napier Committee:

a. Approve the establishment of a Joint Committee with Hawke’s Bay Regional Council and Mana Ahuriri Trust under clause 30(1)(b) of the Local Government Act 2002.

b. Approve in principle the Terms of Reference for the Ahuriri Regional Park Joint Committee, allowing for minor inconsequential changes being made by each partner as required.

c. Approve the nomination of Napier City Council’s two Ahuriri Regional Park Joint Committee members as Deputy Mayor Annette Brosnan and Councillor Keith Price, and the one alternate as Councillor Hayley Browne

d. Note that Hawke’s Bay Regional Council will take a similar paper to their Environment and Integrated Catchment Committee on the 6^th July 2022, and to their Full Council on the 27^th July 2022. Mana Ahuriri Trust will also be taking a similar paper to adopt the Terms of Reference to their Board on the 30^th June 2022.

1.2 Background Summary

The Ahuriri Regional Park Working Group was formed in June 2020 to take a concept that was identified in the Ahuriri Estuary and Coastal Edge Masterplan (2018) to a project suitable to being funded in the Long Term Plan (LTP). This Working Group consisted of members from Napier City Council (NCC) and the Hawke’s Bay Regional Council (HBRC), and worked closely with the yet to be formalised Te Komiti Muriwai o te Whanga to ensure the project was consistent with the vision set by Te Komiti in delivering enhancements to biodiversity, ecosystems, water quality, and cultural values.

At the Future Napier Committee meeting on 11November 2021, the Committee made the following resolutions in relation to the Ahuriri Regional Park:

a) Endorse that the future park to be located at Lagoon Farm be a platform for climate resilience and city sustainability, delivering flood mitigation, stormwater quality, biodiversity and estuarine restoration.

b) Endorse that the boundary of the park currently known as the Ahuriri Regional Park be confined to the legal boundaries of Lagoon Farm (Lot 1 DP 388211).

c) Endorse the preparation of a Masterplan for the park currently known as the Ahuriri Regional Park and the appointment of an independent project manager.

d) Endorse Officer’s exploring options for project governance structures for the purpose of endorsing a draft masterplan (including a multi-party Regional Committee), for consultation to be brought back for Council consideration next year.

With funding being allocated in both NCC and HBRC’s LTP’s for this project, it is now desirable to establish an appropriate governance structure that will support the next phase in this project.

Early this year, HBRC and NCC met with Mana Ahuriri Trust with the intention of entering into a three-way partnership to progress this project. Options for a governance structure were considered, and included:

· Joint Committee

· Working Group

· 50/50 ownership

Although there are pros and cons for each option, the Working Group considered a Joint Committee (JC) structure offered the following benefits:

a. Provide a vehicle for true co-governance of the project

b. JC make recommendations to each partner for decision-making

c. Provide greater formality of decision-making. Decision-making processes of each partner already established

d. Use of JC structure already a proven success with the HB Coastal Hazards Strategy

The purpose of the Terms of Reference (ToR) is to define the responsibilities of the JC as delegated by the partner Councils (NCC and HBRC) under the Local Government Act, and to provide for the administrative arrangements of the JC. The ToR establishes the number of JC members from each partner; the delegated purpose of the JC; how the JC will work alongside Te Komiti Muriwai o te Whanga; matters relating to meetings, voting, remuneration, leadership, administrative support, reporting, and other administrative matters.

It is proposed that the JC will be made up of two members from NCC, two members from HBRC, and four members from Mana Ahuriri Trust, plus one alternate each. This represents a true and equal partnership between Council and Mana Whenua. Each partner is required to nominate their JC members. Mana Ahuriri have already nominated their members, who are:

· Tania Eden

· Allana Hiha

· Chad Tareha

· Maree Brown

· Alternate yet to be decided

The two members recommended to be nominated from NCC are Deputy Mayor Annette Brosnan and Councillor Keith Price. The NCC alternate is recommended to be Councillor Hayley Browne.

1.3 Issues

Currently Lagoon Farm is in freehold title and solely owned and managed by NCC. It has been earmarked for future stormwater detention for the City. Entering into a partnership of this nature will mean the future development of this site will be significantly influenced by our partners, HBRC and MAT through the Ahuriri Regional Park JC recommendations. The purpose of the JC is to make recommendations, with decisions still lying with each Partner where these have the delegated power to do so.

HBRC and MAT may seek to make changes to the ToR as they move through the process of approving the ToR. The recommendation is that Council approve this ToR in principle, and that minor, inconsequential changes can be made following Council approving the ToR. More substantial changes would need to be made at a future Council meeting.

Legal advice sought on the ToR concluded that on balance, the Local Government Act 2002 provides for the ability to form a JC with both Council partners and mana whenua entities, and that there is precedent in doing so. Clarity on the powers delegated to the JC (and those that aren’t) is essential for ensuring clear expectations from all parties, and appropriate powers have been drafted into the ToR accordingly.

1.4 Significance and Engagement

All Partners acknowledge that there are a significant number of stakeholders in relation to the establishment of an Ahuriri Regional Park, and that the project team, once established, will work closely with these stakeholders throughout the course of the project and beyond. As noted in the Joint Committee Terms of Reference, the Project Manager, once appointed, will report to Napier City Council and its Partners on a regular basis in relation to the project itself.

The Significance and Engagement Policy provides clarity on how and when the community can expect to be engaged, depending on the degree of significance of the issue, proposal and decision. The formation of a Joint Committee and its accompanying ToR do not meet the criteria under this Policy for consultation, however as the project progresses and decisions are made on the future use of this asset, these decisions will likely meet the significance criteria.

The Policy states that whilst Lagoon Farm is not listed as a Strategic Asset, decisions made in relation to the future use and development of the property may have a high level of community interest. In addition, should part of the property be used as an integral part of the city’s stormwater network (eg retention areas) in the future, then this would be classed as a strategic asset.

However, it should be noted that the concept of the Regional Park has already been through an LTP public consultation process.

1.5 Implications

Financial

The Terms of Reference specifies a 50/50 NCC HBRC split of costs associated with remunerating the Mana Whenua partners to the Joint Committee. The HBRC Council Meetings Remuneration Policy is applicable to the remuneration of non-elected Council officials. NCC does not have an applicable policy, and so the ToR adopts the HBRC Policy. A copy of the HBRC Policy for Reimbursement for Project Meetings and Travel is attached.

Funding to cover the administration costs, and subsequently the costs associated with engaging a Project Manager and specialists in their field are also shared with HBRC. Funding has been allocated in both Councils LTP’s for various projects that align with the Regional Park project.

Social & Policy

The Ahuriri Estuary and Coastal Edge Masterplan identified the exploration of the regional park concept for Lagoon Farm, including stormwater management and enhancement of biodiversity and cultural values, as an initiative of priority. The concept gained significant support from stakeholders and the wider public. It was clear early on that partnership with Te Komiti Muriwai o te Whanga was essential as the project would be a significant contributor to delivering on the purpose of Te Komiti, and the masterplan would operate alongside Te Muriwai o te Whanga Plan for the wider estuary catchment. Co-governance with HBRC and Mana Ahuriri Trust is a commitment to working collaboratively from the very outset and at all levels.

Risks

As noted above, the primary risk is in relation to entering into an equal partnership with both HBRC and MAT in a manner that the JC can make recommendations on the future use and development of a Napier City Council owned asset. It is noted however, that the ToR affords the power for the JC to make recommendations, and that the decision-making power still lies with each Council and MAT Board in terms of their respective interests.

Opportunities

The risks of establishing a Joint Committee for the Ahuriri Regional Park project cannot be considered without also highlighting the opportunities. This project, and the governance structure established to guide and support it, is an opportunity to tangibly work in close collaboration toward common goals on a project that will benefit all. There will no doubt be challenges along the way that will test the resolve of the partnership, but each Partner has committed to working through these, in good faith, and as a result there is a significant opportunity to strengthen our ties, and reach out to all corners of the community, in the delivery of what will be a legacy project for Napier.

1.6 Options

The options available to Council are as follows:

a. Approve Ahuriri Regional Park Joint Committee Terms of Reference (as provided, but allowing for minor inconsequential changes), and:

i. Appoint Deputy Mayor Annette Brosnan and Councillor Keith Price as the two nominated Joint Committee members, and Councillor Hayley Browne as the alternate

ii. Appoint alterative Joint Committee members

b. Approve Ahuriri Regional Park Joint Committee Terms of Reference, subject to changes

i. Appoint Deputy Mayor Annette Brosnan and Councillor Keith Price as the two nominated Joint Committee members, and Councillor Hayley Browne as the alternate

ii. Appoint alterative Joint Committee members

c. Do not approve the formation of a Joint Committee for the Ahuriri Regional Park project

1.7 Development of Preferred Option

The Ahuriri Regional Park Working Group was established to progress the project to the point of receiving funding in the LTP. Now that this milestone has been reached, options for the governance of the project in its next phase have been considered, with a Joint Committee being determined as the most appropriate, with an invitation extended to Mana Ahuriri Trust to be equal partners.. The Terms of Reference establish the ‘rules of engagement’ and expectations for each party. The ToR is based on a known, being the HB Coastal Hazards Joint Committee, and has been through a number of iterations with the Working Group and Mana Ahuriri Trust nominees. The final ToR has also received legal review, with the conclusion that the establishment of this Joint Committee is provided for in the Local Government Act 2002, and there is precedent for it.

Deputy Mayor Annette Brosnan has co-Chaired the Ahuriri Regional Park Working Group alongside Hinewai Ormsby. Councillors Keith Price and Hayley Browne have also been involved as members of the Working Group. Nominating these members to form part of the Joint Committee will ensure continuation of the project from its inception phase through to its planning phase. Councillors Price and Browne are also Ahuriri Ward Councillors.

1.8 Attachments

1 Regional Park Terms of Reference (final) (Doc Id 1471630)

2 Policy for Reimbursement for Project Meetings and Travel (Doc Id 1471631)

Future Napier Committee - 16 June 2022 - Open Agenda Item 2

2. Design Brief and Business Case for Station Street Community Facility

Type of Report:	Operational and Procedural
Legal Reference:	Enter Legal Reference
Document ID:	1460735
Reporting Officer/s & Unit:	Darran Gillies, Acting Executive Director Community Services

2.1 Purpose of Report

The purpose of this report is to seek Council endorsement of the Design Brief and Business Case for the Station Street Community Facility (Library), as part of delivering stage one of the Library and Civic Area Plan, and to seek approval of the next steps in procuring a team to lead the project through to the completion of the Concept Design stage.

Officer’s Recommendation

The Future Napier Committee:

a. Endorse the Design Brief and Business Case

b. Approve the procurement of a design team to execute Concept Design

2.2 Background Summary

In June 2017, Strata Group, conducted an assessment of the earthquake strength of the Council’s main Civic Administration building (civic building) and the adjacent Library tower block building (library building). The report indicated both buildings were earthquake prone as parts of each were only 10% and 15% respectively of the legal requirements for earthquake strength (NBS).

The below diagram outlines the process to date, from the 2017 seismic report to today’s report, and through to a proposed construction date.

The Council officially adopted the Library & Civic Area Plan on the 9^th of December. This followed community consultation in October in which submitters strongly supported the library (86%) being included in stage one development of the site. Inclusion of Council customer services and the cultural/community hub also received good support with 43% and 45% respectively.

The Library & Civic Area Plan is the foundation stone from which the Design Brief and Business Case are built which in turn bring together the essential elements for a successful implementation.

Design Brief

The design brief expands on and gives detail to the approach developed in the master plan. It describes the size and configuration of the ingredients that go into the facility, and the flow adjacencies of the activities to achieve a high level of functionality and to enable the delivery of current and future Napier Library and Community Services and public-facing Democratic Services. It delivers a level of detail and assurance to enable a design team to commence and move through the concept design stage of the development.

The Design Brief outlines the ingredients for a facility which will provide activities and services that respond in a more holistic manner to meeting community needs, are convenient to access and are more effectively delivered.

Business Case

The business case aims to validate that we are putting the right things in the right place while demonstrating value for money. It also explores the ownership, governance and operating model of the proposed facility.

The Business Case follows the Better Business Case methodology. This methodology presents the strategic, economic, commercial, financial, and management case for the proposed development. Its development works in both response to the design brief and to ensure affordability with clear options for decision making.

Mana Whenua

The Library & Civic Area Plan development built a strong engagement with Mana Whenua, with a desire to work in partnership expressed by both Council and Mana Whenua. The development of the Business Case and Design Brief has continued with the same intent.

Throughout the process of developing the Design Brief and Business Case, wananga have been held that have included representatives of Mana Whenua. The kōrero has been both broad, reiterating the Te Ao Maori world view, consideration for Taiao, Mauri Tu, Tohu, Whakapapa/Whakamana, AhiKaa and Mahi Toi, and specific, observing how particular parts of the brief and in turn design can address te Ao Māori. These have influenced and are included within the Project Vision, Design Values and Architectural Vision, and the Spatial Components and Adjacencies sections of the Design Brief.

Key aspects include:

· The Station Street Facility will speak to the place (whenua) and its history, re-revealing the significance of the site.

· Manaakitanga (Hosting) is key.

· The facility will be visually and physically/spatially supportive of expressing Mana Whenua cultural identity and sense of place.

· The facility will support the protocols and tikanga of Mana Whenua use and events – both informal and formal.

· The collection will include the foundational documents of New Zealand, including Te Tiriti o Waitangi, and be appropriately presented and displayed to demonstrate the partnership of NCC and Mana Whenua.

· Much of Mana Whenua’s history and stories are oral, and there is a community need and opportunity to record and share these stories.

We will develop a co-design approach with Mana Whenua throughout the project. We will work with our Mana Whenua partners in developing the design principles, in the selection and procurement of our Concept Design team, and in terms of input into the design process.

2.3 Issues

With uncertainty around local government, three waters and resource management still remaining, the focus of the Design Brief and Business Case is on delivering public-facing elements of the council as outlined within stage one of the Library and Civic Area Plan.

Managing cost escalation remains a challenge for any major capital project and one of this magnitude is no different. The diagram below outlines the cost challenges the project may face, with the cost estimate prepared by independent Quantity Surveyors Rider Levett Bucknall increasing $6.4m between April 2021 and April 2022.

The Commercial case has highlighted challenging market conditions within the building industry, with market indices signalling substantial volumes of commercial and residential building projects forecast over the next 2-3 years. The construction demand, coupled with material and skilled labour shortages, is driving project cost estimates up. Escalations are predicted to peak at 10% per annum in 2022.

Escalation is expected to ease somewhat from 2023 onwards but remains higher than long-term averages throughout this project.

2.4 Significance and Engagement

The Advisory Group, which was initially established to develop the Civic Precinct Framework and carried through the development of the Library and Civic Area Plan, has continued through the Design Brief and Business Case development. The group is chaired by Deputy Mayor Annette Brosnan and its membership has been fairly fluid, including two further NCC representatives, Mana Whenua, representatives from Hawke’s Bay Regional Council, the NCC Māori Committee, and Friends of the Library, Ministry of Justice and internal facilities management staff

2.5 Implications

Financial

The two elements of Design Brief and Business Case provide Council with a clear picture of what to expect in the way of costs from both the building, its functions, and the next steps in how this work would occur. The Long Term Plan is where the commitment of funding to this project sits, with $55m being allocated to the delivery of this project.

Social & Policy

The outcomes of the Design Brief and Business Case and what they seek to achieve align with a number of existing Council strategies and plans, including the Library and Civic Area Plan, the City Vision Framework, the Library Strategy, our Community Outcomes, Disability Strategy, Positive Ageing Strategy, and the Youth Strategy.

In the next phases of this project, Council officers will develop a partnership approach in the spirit of Te Tiriti o Waitangi, whereby we will explore with Mana Whenua the opportunities for a greater presence in this space and to work within a co-design methodology.

Risk

The risks associated with this plan have been detailed elsewhere in this report. They include:

a. No concept or detailed design has been undertaken to date, so the full cost of the project have not been fully quantified, and what Council wants delivered has not been adequately framed to enable detailed design.

b. The ongoing challenges of managing project escalation costs in a volatile construction market, which is being impacted by supply chain issues and labour shortages.

c. Funding required for a two-stage approach, including the financial impact of delay on construction cost.

Moving at pace to the concept design stage of the project will lead to greater detail and a higher certainty around project cost.

2.6 Options

The options available to Council are as follows:

a. Endorse the Design Brief and Business Case, and

b. Approve moving to procure a team to deliver the Concept Design Stage of the project

c. Recommend changes to the Design Brief & Business Case before moving to the Concept Design Stages, or

d. Not endorse the Design Brief and Business Case

2.7 Development of Preferred Option

The development of the Design Brief and Business Case has followed a robust process, with a significant level of input from our key Mana Whenua partners. We have looked at the many ingredients that go into making sure we are developing a community facility that will be fit for purpose on the day it opens and for many years into the future.

The diagram below outlines three different pathways available to the council from now until construction. It outlines the key approval points in that process in which the council will have the opportunity to make key project decisions.

The key next steps through the preferred option are, the development of a procurement plan in July and August, which enables us to go to market in September, and have a team in place that can deliver a concept design to council in March 2023.

All of those pathways require that we progress to sign the Business Case and the Design Brief.

Concept Design

The development of the Concept Design stage involves the exploration of sufficient design concepts to be able to test the brief, the development potential of the site, and have a Concept Estimate prepared to establish financial feasibility through a more accurate rough order of costs.

The Concept Design Team would include major consultants, whose inputs are required to develop the design to Resource Consent. An architectural team would lead this work towards delivering a preliminary project programme, Building Information Modelling (BIM) Execution Plan (BEP), and outline of legislative constraints.

This work would also include coordinated concept designs for Architectural and Sub consultant and Engineering disciplines. This is anticipated to include: Structural and Civil Engineering, Building Services (Mechanical, Electrical, IT and AV) and Environmental Sustainable Design, Fire Engineering and Protection, Acoustic Engineering, CPTED (Crime Prevention Through Environmental Design), and Traffic Engineering and Landscape Architecture.

Our Mana Whenua partners will be both involved in the procurement of the concept development team and continue inputting into the process in an agreed co-design methodology.

Concept Design Procurement

Architectural and engineering services are recommended to be appointed through an open market, single-stage RFP procurement process. The nature and scale of this project will likely generate national interest.

It is estimated that the procurement process of a Concept Design team including the development of design principles with Mana Whenua would take around three months. Once on board, it is our aim to be able to come back to council with a Concept Design in March 2023.

Detailed Design Procurement

A Construction Procurement Strategy will be completed during the concept design period to determine the most appropriate methodology for the Council to complete the Developed and Detailed design and Construction delivery. This will require market engagement, assessment of economic conditions, and project risks associated with each delivery model.

The procurement recommendation along with the concept design will be presented to Council in March for approval.

It is anticipated that the current Advisory Group would remain in place and that council will be kept informed through regular updates.

2.8 Attachments

1 Napier Library Business Case (Doc Id 147114) (Under separate cover 1)

2 NCC Station Street Facility Stage 1 Design Brief JUne 2022 (Doc Id 1471117) (Under separate cover 1)

Future Napier Committee - 16 June 2022 - Open Agenda Item 3

3. Climate Change Position Statement

Type of Report:	Operational
Legal Reference:	N/A
Document ID:	1467299
Reporting Officer/s & Unit:	Heather Bosselmann, Senior Policy Analyst - Climate Resilience

3.1 Purpose of Report

To have a position statement on climate change endorsed (copy attached).

Officer’s Recommendation

The Future Napier Committee:

a. Endorse Climate Change Position Statement

3.2 Background Summary

In 2017 Napier Mayor Bill Dalton signed the Local Government Leaders’ Climate Change Declaration which supported an urgent need for responsive leadership and a holistic approach to climate change. This aligns with central government’s direction and is reflected by work that the Napier City Council (“NCC”) is already doing internally to build Napier’s resilience to climate change. The 2021 Long Term Plan stated that NCC is moving towards a coordinated, whole-of-Council, and whole of region approach to the adaptation and mitigation of climate change effects in Napier. A climate change specialist was then hired to implement this coordinated action and the recommendation is that Council’s first step should be a public commitment to climate action.

3.3 Issues

Please refer to the attached summary of the 12 May 2022 workshop on Climate Change for more detailed information on the issues Napier is facing. Briefly:

- Unless global emissions peak by 2025 and emissions reduce significantly by 2030, the planet is expected to warm by more than 1.5°C.

- As an organisation with influence NCC has the opportunity to lead Napier in the emissions reductions space to ensure that the city is doing its part.

- Changes to our physical environment are expected as a result of the warming that is now inevitable. NCC and the region is responding already through the Coastal Hazard Management Strategy and Regional Park initiatives. There is also the District Plan which has an outcome to promote development in the hills. However this is an ongoing challenge to continually consider these risks and take appropriate action to ensure that Napier is prepared for a changing climate.

- NCC needs to ensure that the steps Council takes create equitable solutions for Napier’s diverse community and this requires working together with community and key stakeholders, and in partnership with Māori to ensure we are bringing the community with us.

- Central government is also driving change and it is expected that some key actions around mitigation and adaptation will be compulsory in the near future. Preparing now will allow NCC to play a part in shaping those key actions alongside central government.

3.4 Significance and Engagement

Community engagement is not required to progress the position statement as it aligns with the path laid out in the LTP, and the next step in this work will involve significant community engagement based around how NCC should structure its future climate action. There is no legal requirement to consult.

3.5 Implications

Financial

There is no additional cost associated with the position statement. There will be operational cost to create the strategy/action plan. There will be costs associated with reducing NCC’s emissions (mitigation) and significant cost involved with making Napier resilient to the impacts of climate change (adaptation).

Social & Policy

Central government are currently working on a number of pieces of work that will increase NCC’s obligations in the area of climate change. The reform of the RMA, the National Adaption Plan, the Emissions Reduction Plan, and the local government reforms, including 3-Waters, are the major ones.

The draft position statement aligns NCC with the direction being taken nationally and with the community feeling in the 2021 Social Monitor Survey where 57% of people were concerned or very concerned about the impacts of climate change for Napier. Committing to action in this space makes sense within the current political and social climate.

The position statement makes working in partnership with Māori a priority and there will be extensive engagement with mana whenua as part of the development of the strategy.

Risk

There are significant risks associated with not taking action on climate change:

- Emissions reduction targets are likely to become mandatory and the sooner NCC acts the more Council can spread the cost

- While NCC is not already adapting its urban form to the changing climate, there will be significant economic and social consequences from increased natural disasters and changing weather patterns overtime meaning continuous adaptation and awareness of the effects of climate change on the city are paramount.

3.6 Options

The options available to NCC are as follows:

a. Declare a Climate Change Emergency

b. Sign up to the Global Covenant of Mayors for Climate & Energy

c. Create a strategy/action plan

d. Start with a position statement

3.7 Development of Preferred Option

There is a balance between publically committing to a position and taking action. The intention of this position statement was to commit to some simple but clear objectives immediately, and then to create a Strategy and Action Plan to turn those objectives into action. The position statement acknowledges the urgency of climate action however the time for declaring a climate emergency has passed. NCC should still consider signing up to the Global Covenant of Mayors. However, it requires some specific commitments and NCC needs to understand Council’s current position more fully before it makes that commitment. It may be appropriate to sign up to it as part of NCC’s strategy.

3.8 Attachments

1 Draft Climate Change Position Statement (Doc Id 1469302)

2 Summary of Workshop on 12 May 2022 (Doc Id 1469303)

Future Napier Committee - 16 June 2022 - Open Agenda Item 4

4. Napier Inner Harbour Development Plan

Type of Report:	Procedural
Legal Reference:	Local Government Act 2002
Document ID:	1467305
Reporting Officer/s & Unit:	Fleur Lincoln, Strategic Planning Lead

4.1 Purpose of Report

The purpose of this report is to seek a resolution of Council to adopt the Napier Inner Harbour Development Plan, and to note the priorities identified for the delivery phase of this Plan.

Officer’s Recommendation

The Future Napier Committee:

a. Adopt the Napier Inner Harbour Development Plan

b. Note the work programme and funding priorities as set out

c. Note the memo dated 8 June 2022 which sets out the options and recommendations for both the priority projects and Te Matau-a-Maui security concerns

4.2 Background Summary

The Napier Inner Harbour Development Plan (the Plan) recommends the prioritisation of Inner Harbour asset renewal, while identifying opportunities for improvement that will deliver transformative changes for Ahuriri’s waterfront. A 2019 Inner Harbour Asset Condition Assessment identified a broad spectrum of asset condition ranging from very poor condition, with recommendations to repair or replace given a high priority, through to good/reasonable condition. The Inner Harbour currently operates as a purely functional asset; yet there is huge potential to deliver environmental improvements, and to capitalise on the areas cultural significance, historical values, natural beauty, and proximity to retail, hospitality and high-density housing.

The Plan is one of the initiatives recommended by the Ahuriri Estuary and Coastal Edge Masterplan (AECEM). The AECEM identified high-level opportunities across Ahuriri, while the Napier Inner Harbour Development Plan aligns these with asset renewal. It seeks to deliver a series of transformational changes that align with the delivery of the asset renewal programme, with an aim to achieving greatest efficiency and value for money. The priorities presented in this paper are those that will be taken through to the LTP for funding and implementation.

Priorities

Following a Council workshop which traversed all the opportunities in the plan, the following project initiatives were discussed as priorities for the Council and identified for immediate consideration and inclusion in the next Long Term Plan.

Priority 1

· the replacement of the SH50 revetment with new seawall and terraces. Without the revetment the Iron Pot area cannot be activated as planned.

· the removal of Jull Wharf and finger pier

This would enable the transformation of the Iron Pot, and includes a new floating pontoon for waka. Funding has been set aside for this work in the LTP (from the Harbour Endowment Fund), however additional funds would enable a wider scope of work to be completed, either at the same time, or in a staged approach. Additional funding would also enable this area to be better integrated with the new development on the corner of Customs and West Quay. It is recommended that Officer’s carry out design and consenting of the project in its entirety, before refining costs and determining how the project will be delivered (staged or all-at-once).

Priority 2

· rebuild of Jetty’s 1 and 2 of the Meeanee Quay marina, with potential to expand this marina either at the same time, or in a future stage. Some rate funded loans for this project have been allocated in the LTP, however these funds would not be available until 2029-2031 (with some funding allocated in 2028/29 for design). The use of rate funded loans is necessary as the Harbour Endowment Fund has been exhausted.

Priority 3

· installation of stormwater quality improvement devices across the area, where stormwater is discharged into the Inner Harbour. This is a relatively small cost for the positive environmental outcomes it will deliver.

Should Council endorse these priorities Council Officers will seek to advance the projects in future work programmes in the short-medium term.

4.3 Issues

The 2019 Inner Harbour Asset Condition Assessment confirmed which harbour assets required replacement or repair, and provided the basis for prioritising an asset renewal programme for the Inner Harbour. The Plan presents numerous opportunities to address a number of issues including the integrity of infrastructure, climate resilience, water quality, and a secure and purpose-built home for waka hourua Te Matau-a-Maui.

4.4 Significance and Engagement

The preparation of this Plan has involved numerous one-on-one discussions with our key stakeholders – those with the greatest level of influence on, and those most impacted from the initiatives put forward. The initiatives recommended in the Plan are consistent with those identified in the AECEM, which underwent a significant level of community engagement. Additionally, the funding of the majority of these initiatives would require inclusion in the LTP, with further opportunities to engage with stakeholders and the community through this process. This will be particularly important in regard to Mana Ahuriri who have significant interests in the Iron Pot area. Project design and construction presents additional opportunities for engagement. It is therefore recommended that notification and consultation with the wider public is not required for the Plan.

4.5 Implications

Financial

The Plan itself does not commit Council to financial expenditure. It provides guidance as to what initiatives should be prioritised within the LTP. It is through this process that the financial implications will be explored and determined. The Plan is a strategic document that provides access to external funding opportunities, and is a catalyst for private investment. However the initiatives that were discussed by Council at its workshop as priorities have also been traversed in this paper and have financial considerations accordingly. These resource needs will be brought through the relevant annual planning and Long term planning processes to ensure that these priorities can be implemented in a timely way.

Social & Policy

As noted above, the Plan is one of the initiatives identified in the AECEM, and its recommended projects align with those considered at a high level within this Masterplan. In addition, the scope of the Plan included three identified project areas (Project Area 8, 9 and 11) in the City Vision Framework 2015, with consistencies across these two strategic documents. The Plan content also signals appropriate land uses and activities for the land adjoining the Harbour, which may result in changes to the District Plan (through the District Plan Review) and other policies and procedures. The initiatives proposed in the Plan will not only deliver operational improvements to wharf users, but will also bring significant benefits to the use and design of public space that will meet our social, cultural, environmental, economic and climate resilience needs.

Risk

As a strategic, non-statutory document, the Plan presents Council with few risks. Council only commits to the projects put forward through the LTP and through regulatory documents. On the flipside, the risks of not having a strategic plan for this space include ad hoc decisions on asset renewal, lost opportunities for improvements, potential loss of private investment, and the inability to meet criteria for external funding opportunities.

4.6 Options

The options available to Council are as follows:

a. Adopt the Napier Inner Harbour Development Plan

b. Do not adopt the Napier Inner Harbour Development Plan

4.7 Development of Preferred Option

The Plan delivers a series of transformational changes that align with the delivery of the asset renewal programme, with an aim to achieving greatest efficiency and value for money. The initiatives proposed in the Plan will not only deliver operational improvements to wharf users, but will also bring significant benefits to the use and design of public space that will meet our social, cultural, environmental, economic and climate resilience needs. It ensures decisions on projects are not ad hoc, and provides guidance to Council on which initiatives need to be prioritised considered as opportunities for external funding.

4.8 Attachments

1 Inner Harbour Plan Final (Doc Id 1470439)

Future Napier Committee - 16 June 2022 - Open Agenda Item 5

5. Resource Consent Activity Update

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1467576
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

5.1 Purpose of Report

This report provides an update on recent resource consenting activity. The report is provided for information purposes only, so that there is visibility of major projects and an opportunity for Elected Members to understand the process.

Applications are assessed by delegation through the Resource Management Act (RMA); it is not intended to have application outcome discussions as part of this paper.

This report only contains information which is lodged with Council and is publicly available.

Officer’s Recommendation

The Future Napier Committee:

a. Note the resource consent activity update for period 6 May 2022 to 24 May 2022.

5.2 Background Summary

The following is an outline of recent activity regarding applications received by Council for consenting pursuant to the RMA.

Since the May update, the submission of resource consent applications were slightly lower in comparison to the same period last year. However it is noted that a significant increase in the submission of subdivision certificate applications (the last step in the subdivision process being the creation of the lots) has been experienced, being an increase of 150% (equating to 16 compared to 8 received in the previous period of 2021).

The table below outlines the current resource consenting activities in Napier and the status of these for information purposes. Whilst this is not an entire list of all applications currently being assessed or having been determined, they are significant or noteworthy applications of which details are being provided in this report.

Summary Table

42 Marine Parade, Napier	Redevelopment of the Napier War Memorial	Under Assessment	Previously reported to Future Napier Committee. No further update
156 Gloucester Street, Taradale	Extension of a non-residential activity	Under Assessment	Previously reported to Future Napier Committee. No further update
115 Carlyle Street, Napier	Expansion of the Existing Car Sales Operation	Section 95 Report issued. Applicant has requested notification.	Previously reported to Future Napier Committee.
113 Fryer Road, Napier	One Lot into Two Lot Subdivision	S357 Objection to Decision	Previously reported to Future Napier Committee. No further update
16 and 38 Willowbank Avenue, Meeanee	Proposed lifestyle village	Consent Order issued	Consent Order issued

5.3 Attachments

Nil

Future Napier Committee - 16 June 2022 - Open Agenda Item 6

6. Proposed District Plan notification

Type of Report:	Operational and Procedural
Legal Reference:	Resource Management Act 1991
Document ID:	1467624
Reporting Officer/s & Unit:	Paulina Wilhelm, Manager City Development

6.1 Purpose of Report

For Council to confirm the new notification date of the Proposed District Plan.

To endorse the proposed notification date of May 2023, noting some delays in the work programme necessary to support the notification.

To inform Council on how NCC is meeting the legal requirements of the National Policy Statement Urban Development (NPSUD) for intensification (Policy 5).

Officer’s Recommendation

The Future Napier Committee:

a. Endorse the public notification date of May 2023 of the Proposed District Plan under Schedule 1, Part 1 section 5 of the Resource Management Act 1991.

b. Note the update on how Napier is giving effect to the NPSUD, specifically Policy 5.

6.2 Background Summary

Resource Management Act Reform

At the 11 November 2021 Future Napier Committee Meeting, Council endorsed the public notification of the Proposed District Plan by June 2022 noting the work programme necessary to support the notification, specifically in relation to the development of structure plans and the imminent RMA reforms.

The release of the Natural and Built Environments Act (NBA) was due in mid-2022 and the Spatial Planning Act (SPA) was scheduled for release promptly after the NBA. This created the urgency to notify the Proposed Plan by June 2022 so that the new policy framework in the Draft Plan and Spatial Picture, rather than the Operative Plan, were considered when determining the future land use pattern for Napier.

The delays experienced in the RMA reform work programme by Central Government has eased the urgency to notify the Proposed Plan in June 2022.

Spatial Picture Work Programme

At the same meeting of the 11 November 2021, Council also endorsed the recommended next steps that needed to be undertaken after the Spatial Picture. These included structure planning, multi criteria analysis on growth areas and potential rezoning in the Proposed District Plan.

In order to commit to a long term growth strategy, Council needs to understand and comparatively assess all growth options based on opportunities, constraints, ability to meet outcomes, provide services, mitigate adverse effects and ensure financial feasibility for all relevant stakeholders. The structure plans for the intensification and greenfield areas will allow Council to determine the feasibility and appropriateness of the form, density and type of development in each of the indicative growth areas within the spatial picture.

Structure planning provides an opportunity to look in further detail at issues that require mitigation and infrastructure upgrades needed to facilitate quality development in each area. Structure planning also identifies the key infrastructure to service growth and its indicative costs, allowing Council to consider how and when the infrastructure will be funded. For these reasons, it is essential to complete the structure plan work programme before notifying the Proposed Plan.

6.3 Issues

NPSUD legislative requirement for tier 2 local authorities

Under the NPSUD, tier 2 authorities need to demonstrate they meet intensification requirements by providing accessible and well-functioning urban environments (Policy 5). This legal requirement is due by August 2022. NCC developed the Spatial Picture to meet these requirements, and once structure plans are completed, they will inform the intensification zonings in the Proposed District Plan.

Interruptions experienced in the appointment and delivery of the 3 water structure plans, and recent changes to staffing levels within the policy team, resulted in delays with the planned notification of the Proposed Plan by June. The structure plans are due for completion by November 2022, consequently pushing the proposed plan notification date to May 2023. Officers therefore have looked into the current Operative Plan to make sure NCC is still able to meet the NPSUD requirements for tier 2 authorities by August.

NCC can confirm that the operative plan together with the Housing Assessment Capacity report meets the requirements of Policy 5 of the NPSUD. The reasons being:

· The Operative Plan does not have density requirements, effectively enabling multi-unit developments in all residential areas.

· The Marine Parade Character area is considered a “medium density zone” enabling one dwelling per 150m2 and heights of up to 12 meters (3 storey buildings).

· The operative plan enables different housing typologies, which improves affordability (enables multi-unit developments).

· The Mixed Use Zone enables residential development with no density requirements and heights of up to 12 meters.

· The Inner City Commercial Zone permits residential activities, with no car parking requirements.

· The Housing Assessment Capacity report, recently completed, states Napier has sufficient development capacity over the short, medium and long term to meet expected demand.

· NCC Financial Contribution Policy provide incentives for multi-unit residential developments within the inner city and surrounding commercial areas.

Mana Ahuriri engagement

Mana Ahuriri has recently settled, and appointed a new board and CEO. Additional time is required to enable engagement between NCC and Mana Ahuriri to inform growth planning. Officers are currently seeking Mana Ahuriri further feedback into the proposed growth areas and structure plans.

6.4 Significance and Engagement

The Proposed Draft Plan is a statutory document, which provides the opportunity for the public to lodge a formal submission. The district plan affects, directly or indirectly, every person, business and property owner in Napier. The current District Plan is dated, as it has not been reviewed in more than 15-years. The proposed plan incorporates current strategic thinking, future growth areas and aims to contribute to the implementation of Council’s outcomes. It allows the public to reflect on these outcomes and participate in shaping the future of Napier in terms of growth, connectivity, amenity, transport and the cultural and natural environment.

Through the Spatial Picture consultation and Draft District Plan consultation the community has been taken along the journey from the beginning. Mana whenua engagement has occurred since the start of the plan review.

6.5 Implications

Financial

There is currently sufficient budget set aside for the notification of the proposed district plan and the work program associated with the development of structure plans.

Social & Policy

N/A

Risk

There are no risks associated with the notification of the Proposed Plan in May 2023. The urgency to notify the plan this year is not there anymore due to delays in the RMA reform work programme. Napier is no longer in a vulnerable situation as the wave of legislative changes has eased.

The interruptions to the delivery of the structure plans posed risks to the notification of the plan by June 2022 as these are an essential part of integrated land use and infrastructure planning. The next year notification date mitigates these risks, and enable the necessary work to be completed and to support the intensification zones in the Proposed Plan.

Officers are currently progressing the sites of significance to maori and designations chapters, which were not included in the Draft Plan. These are complex issues which require more time to be resolved. The June 2022 notification date was not going to give enough time to be able to include these in the plan. The proposed May 2023 notification date increases the chance of including these topics in the plan.

The risk with the Spatial Picture lies in not following through on the next steps. The spatial picture is a key component of developing a future urban growth strategy, which is a mandatory requirement under the NPSUD.

6.6 Options

The options available to Council are:

a. Release the Proposed District Plan in May 2023 for the purpose of engaging with the community and receiving submissions.

b. Not to endorse the release of the Proposed District Plan and place the review of the District Plan on hold until the new legislation replacing the RMA is in force.

c. Continue without a proposed District Plan notification date target.

6.7 Development of Preferred Option

The preferred option is for Council to confirm the notification of the Proposed District Plan for May 2023 for the purposes of undertaking public engagement with the Napier community and continue progressing engagement with mana whenua including Mana Ahuriri new governance team.

To put Napier in a strong position to be able to influence the development of a Regional Spatial Plan when the new Spatial Planning Act is released.

6.8 Attachments

Nil

Future Napier Committee - 16 June 2022 - Open Agenda

Future Napier Committee

Open Minutes

Meeting Date:	Thursday 5 May 2022
Time:	11.55am-12.12pm
Venue	Large Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook site

Present

Chair: Councillor Tapine

Members: Mayor Wise, Councillors Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Taylor and Wright

In Attendance

Chief Executive (Steph Rotarangi)

Director City Services (Lance Titter)

Director City Strategy (Richard Munneke)

Acting Director Community Services (Darran Gillies)

Director Corporate Services (Adele Henderson)

Director Programme Delivery (Jon Kingsford)

Director Infrastructure Services (Debra Stewart)

Manager Communications and Marketing (Julia Atkinson)

Māori Partnership Manager - Te Kaiwhakahaere Hononga Māori (Hilary Prentice)

Team Leader Planning and Compliance (Luke Johnson)

Team Leader Parks Reserves and Sportgrounds (Jason Tickner)

Manager Property (Bryan Faulknor)

Administration

Governance Advisors (Carolyn Hunt and Anna Eady)

Karakia

Apologies

Councillors Crown / Mawson

That apologies from Deputy Mayor Brosnan and Councillor Boag be accepted.

Carried

Conflicts of interest

Nil

Public forum

Nil

Announcements by the Mayor

Nil

Announcements by the Chairperson

Nil

Announcements by the management

Nil

Confirmation of minutes

Councillors Mawson / Chrystal

That the Minutes of the meeting held on 24 March 2022 were taken as a true and accurate record of the meeting.

Carried

Agenda Items

1. Resource Consent Activity Update

Type of Report:	Enter Significance of Report
Legal Reference:	Enter Legal Reference
Document ID:	1454220
Reporting Officer/s & Unit:	Luke Johnson, Team Leader Planning and Compliance

1.1 Purpose of Report

Applications are assessed by delegation through the Resource Management Act (RMA); it is not intended to have application outcome discussions as part of this paper.

This report only contains information which is lodged with Council and is publicly available.

At the meeting

The Team Leader Planning and Compliance, Mr Johnson spoke to the report noting that there had been a steady increase in resource consent applications of 32 during the last six week period which was consistent with the same time last year.

Mr Johnson provided an update on the following two applications since writing the report.

42 Marine Parade, Napier – Redevelopment of the Napier War Memorial – A Section 92 information request had been issued to the applicant addressing matters in relation to the activity status, title, structure, infrastructure and design aspects. Once a response has been received from the applicant a determination on the application will be made in due course. The Section 95 report could not be issued until the Section 92 information request was received.

156 Gloucester Street, Taradale – Extension of a non-residential activity – A Section 92 information request had been issued to the applicant with respect to landscaping, transport noise and lighting matters. A response to the information request has not yet been received from the applicant.

Committee resolution

Councillors Crown / Chrystal

The Future Napier Committee:

a. Note the resource consent activity update for period 21 October 2021 to 18 January 2022

Carried

2. Proposal from Art Deco Trust – WomEn’s Rest Rooms Memorial Square

Type of Report:	Legal and Operational
Legal Reference:	Reserves Act 1977, Napier Borough Endowments Act 1876, Napier District Plan.
Document ID:	1455858
Reporting Officer/s & Unit:	Bryan Faulknor, Manager Property

2.1 Purpose of Report

To consider the Art Deco Trust’s proposal to partner with Council to strengthen, restore and lease the Memorial Square Community Rooms (Women’s Rest).

At the meeting

It was noted that Councillor Wright was the appointed Council representative on the Art Deco Trust.

The Property Manager, Mr Faulknor advised that the Art Deco Trust wished to enter into a Memorandum of Understanding with Council to work collaboratively together in the restoration and upgrade of the Women’s Restrooms, Memorial Square. The proposal for the Women’s Restrooms is dependent on all regulatory consents and District Plan provisions and any legal issues being met.

The Trust would be involved in the preparation of the Memorandum of Understanding in conjunction with Council solicitors and would be expedited as soon as possible. The draft Memorandum of Understanding would then be brought to Council for final approval.

Mr Faulknor advised that the Art Deco Trust would be responsible for the preparation of the feasibility study.

Committee resolution

Mayor Wise / Councillor Wright

The Future Napier Committee:

a. Resolve to agree in principle to partner with the Art Deco Trust to restore, strengthen, refurbish and lease to the Trust the Memorial Square Community Rooms (Women’s Rest).

b. Resolve to enter into a Memorandum of Understanding, which will set out the terms and requirements of how the parties will work collaboratively and in good faith towards the above initiative and negotiate lease terms acceptable to both parties.

c. Resolve that a draft Memorandum of Understanding be brought back to Council for final approval on 2 June 2022.

Carried

The meeting closed at 12.12pm

Approved and adopted as a true and accurate record of the meeting.

Chairperson .........................................................................................................................

Date of approval ..................................................................................................................

Meeting Date:	Thursday 16 June 2022
Time:	Following the Sustainable Napier Committee
Venue:	Lare Exhibition Hall War Memorial Centre Marine Parade Napier
	Livestreamed via Council’s Facebook site

Committee Members	Chair: Deputy Mayor Brosnan Members: Mayor Wise, Councillors Boag, Browne, Chrystal, Crown, Mawson, McGrath, Price, Simpson, Tapine, Taylor and Wright
Officer Responsible	Executive Director City Strategy
Administration	Governance Team
	Next Future Napier Committee Meeting Thursday 28 July 2022