Hannah Bartlett
Nelson city councillors will today decide whether the controversial city amenity bylaw will be adopted, and what shape it will take.
It’s intended to promote ‘‘amenity’’ in the central business district, proposing a ban on rough sleeping, requiring permits for protests and restricting what materials can be placed on footpaths.
It stems from issues related to Trafalgar St occupier Lewis Stanton.
The council’s customer service team has recorded 463 complaints since 2010 regarding Stanton’s presence in the central city, largely outside Farmers. Earlier this month, mayor Rachel Reese said Nelsonians’ tolerance was being tested as more people were congregating outside Farmers.
‘‘People should not be in a situation where they are concerned about their safety,’’ she said.
‘‘We are at the point where an individual or group of individuals’ stance and actions are having such an impact on what should be a reasonable expectation of the use and enjoyment of our public spaces.’’
The bylaw received 319 submissions, with 268 opposing it, 36 in support, and 15 not expressing a position.
The Nelson Mail canvassed some of the opinions held by those who submitted to the bylaw process, and some of those affected by it.
Gaire Thompson, Farmers building owner
Thompson said he’d been advocating for a bylaw for a number of years, submitting the suggestion to the council’s annual plan process.
‘‘Lewis and the others that are there now too are a real problem because people don’t want to walk down that side of the street,’’ Thompson said.
He said if the council got the bylaw right, it could be a big help. ‘‘People should be able to protest, but not for 365 days of the year… it’s just over the top.’’
Jacquie Walters, Nelson resident
Walters said while initially it was the ‘‘permit to protest’’ clause that caught her attention, she also had concerns about the approach to rough sleeping.
‘‘There’s a tendency broadly in society at the moment to be punitive, to ban things,’’ Walters said. ‘‘But a [housing] alternative doesn’t exist that’s readily accessible for people so there’s no compassionate net to catch people who might be impacted...’’
Walters said she had been concerned by the way people spoke about Stanton, especially when her children said how their friends’ parents ‘‘hated Hone’’.
She took them to speak with Stanton. ‘‘They asked him... whether he’s okay, because it’s winter and it’s cold and was he warm enough. And he said, yes he’s perfectly fine, thank you very much.’’
She said it had prompted conversations with her children about what community was and how to deal with difference.‘‘After we were walking away and they said, ‘Oh, he’s not so bad is he?’’’
Walters said she could appreciate that it was frustrating for retailers, and it was a complex situation, there was still a need for tolerance.
John-Paul Pochin, Nelson resident
Pochin said the Grenfell Tower fire tragedy in London had informed part of his submission. ‘‘It was really the realisation that there was an element of society that people would rather hide and all in the name of profits really,’’ Pochin said.
He said with the Grenfell fire it was apparent society was not looking after others well and Nelson’s proposed bylaw was a step in that direction.
‘‘The biggest concern is that it’s not addressing the underlying problem [of homelessness].’’
He said the council would be better placed putting resources into measures and policies that could address inequality. ‘‘I can understand from a retailers point of view and from a tourism point of view that [rough sleeping] has an effect,’’ Pochin said.
But he said moving those on the street out of the city wouldn’t solve anything. ‘‘The more you do that the more you hide the problem and the less likely you are to address it.’’
Support service
Alison Mountford from community meal provider Loaves and Fishes felt the bylaw wouldn’t have a huge impact on their diners, as few were inclined to sleep in the CBD.
‘‘Most of the people who come [to weekday lunches], do have somewhere to stay. A lot of them are lonely and like the company,’’ Mountford said.
But she said a restriction on how long people could sleep rough in the city centre would be a more appropriate move, rather than a total ban.
Several diners at Loaves and Fishes, who did not wish to be identified, said they had faced challenges finding accommodation and many had slept rough at times.
One man said he thought a ban was unfair given the expense of housing and the lack of ‘‘places to go’’. Others urged the council to speak to rough sleepers about the issues they faced and address the underlying factors before introducing a ban.
‘‘You’ve got to live it to understand it,’’ one said.
Stanton and his lawyer
Steven Zindel, Stanton’s lawyer, has said the bylaw was too broad and would be open to legal challenge.
He said it would inevitably end up with Stanton choosing not to comply and ending up in jail. ‘‘All you’d have is Hone in jail all the time, so is that the stage of life you want to reach. You can do that alright and pay $90,000 a year [for him to be in jail], but there are others like him...’’
When asked if he comply with a bylaw Stanton said: ‘‘For me to leave, I would need my home and contents and my horse.’’ He wanted his old lifestyle with his horse and cart, moving around the city. ‘‘I would be living the lifestyle that I had before the Nelson City Council took it off me.’’
reports.