before the environment court at auckland

BEFORE THE ENVIRONMENT COURT AT AUCKLAND

I MUA I TE KOOTI T AIAO O AOTEAROA Kl TAMAKI MAKAURAU

IN THE MATTER

AND

IN THE MATTER

BETWEEN

AND

AND

Decision No. [2020] NZEnvC J Z. 2.

of the Resource Management Act 1991

of an appeal pursuant to s120 of the Act

AUCKLAND COUNCIL

(ENV-2017-AKL-190)

Appellant

AUCKLAND COUNCIL

Respondent

I INGLIS, M G GREEN AND P SIMUNOVICH

DR P H MITCHELL AND P MITCHELL

DANOS HUNT

P AND S LYNESS

GSHAW

P AND J STANSFIELD

P KIBBLEWHITE

s274 Parties

Court: Chief Environment Court Judge D A Kirkpatrick Environment Commissioner K Prime Special Advisor R Howie

Hearing: On the papers

Date of Decision: 10 August 2020

Date of Issue: 1 O August 2020

FINAL DECISION OF THE ENVIRONMENT COURT ON CONDITIONS OF CONSENT

2

A: The resource consents granted by the Court's interim decision dated 27 May 2020

are made subject to the terms and conditions attached to this decision.

B: There is no order as to costs.

REASONS

Introduction

[1] This decision addresses the issues raised in the comments on the draft conditions

to be attached to the resource consents and determines the final form of the conditions.

[2] In its interim decision dated 27 May 2020, the Court allowed the appeal by

Auckland Council against the decision of its commissioners and granted resource

consents for the works associated with a walkway on, and the protection of, the portion

of the esplanade reserve in the middle of Orewa beach. Directions were given to the

parties in relation to formulating conditions of consent. Draft conditions were produced

by the applicant and the respondent jointly, comments were received from Mr Shaw and

Mr Stansfield and further comments in reply were received from the Council. Dr and Mrs

Mitchell made no comments on that version of the conditions.

[3] The form of the conditions presented by the Council consists of general conditions

applying to all four resource consents followed by specific conditions for each of the land

use consent, stormwater permit, stream works permit and coastal permit. There is some

overlap between the comments made on the draft conditions by Mr Stansfield and Mr

Shaw. The responses by the Council address these comments in sequence and we

consider it appropriate for this decision to do the same.

Condition 17 - Refuelling

[4] Mr Shaw seeks that this condition be amended to include the words: or any area

where the run off from any spill could flow into the coastal marine area.

[5] The Council says that these additional words are not necessary as they effectively

duplicate parts of condition 6 relating to the requirement to provide a construction

management plan. That plan must include details of the bunding or containment of fuels

3

and lubricants to prevent the discharge of contaminants, the maintenance of machinery

and plant to minimise the potential for leakage of fuels and lubricants, and the methods

to minimise siltation and discolouration of the coastal marine area during works.

[6] We consider that the words proposed by Mr Shaw should not be included. Not

only would they duplicate an existing condition, the inclusion of such wording could be

misunderstood as absolutely prohibiting refuelling of any kind anywhere in or adjacent to

construction areas above MHWS.

Construction hours

[7] Mr Shaw seeks that condition 19 be amended to delete construction hours on a

Saturday, on the basis that the beach is very busy at this time.

[8] The Council opposes this and notes that the Court addressed the substantive

issue at [136] of the interim decision.

[9] As we noted at [145] this process of settling the conditions of consent is not a

further opportunity to argue the case. We will not alter the substantive decision as set

out at [136] of the interim decision and accordingly will not include the proposed words.

Conditions 21-24- Noise and Vibration

[1 O] Mr and Mrs Stansfield seek additional conditions to prevent the tipping of large

rocks or the use of large machines and the undertaking of pre- and post-construction

surveys in order to assist in monitoring vibration effects.

[11] The Council opposes these additional conditions. It submits that the approach

taken in the draft conditions, consisting of a noise standard set in condition 21 and the

requirement in condition 22 of a management plan to achieve that standard, is the more

appropriate and efficient approach. The Council submits that there is no evidence before

the Court to indicate that this approach will not be effective.

[12] We accept that the approach taken in the draft conditions is a standard approach

generally used to manage constructions effects. In the absence of any evidence that this

approach is unlikely to be satisfactory in the circumstances of this case, we do not

consider there is any basis for adding the further conditions sought by Mr and Mrs

4

Stansfield.

Condition 26 - Construction Traffic Management Plan

[13] In addition to the list of measures to manage construction traffic in condition 26,

Mr Shaw also seeks a further condition to require the consent holder to keep all

machinery and construction materials above a line that is located 1 Om below MHWS. He

seeks this to minimise the effects of plant and machinery on the beach and potential

damage to shellfish as well as _to the public.

[14] The Council opposes this addition, submitting that there is no evidence that the

addition is necessary to manage effects on shellfish and pointing out that the expert

ecological evidence of Dr Baber was that the intertidal zone in this area was already

heavily modified by works to push up and relocate sand.

[15] The Council also submits that existing operations on the beach have similar

effects and are already managed. This includes potential effects on public safety.

[16] We consider that the matters of concern to Mr Shaw in this regard are already to

be addressed by condition 6, including the location of site access and methods to

maintain public access to and along the CMA, as well as by condition 16. We accordingly

do not consider a further condition to be necessary.

Building Consent and Determination by BIA

[17] Mr Shaw seeks an additional condition requiring the consent holder to apply for a

building consent for the structure and also seeking a determination from the Building

Industry Authority as to whether there is a need for a safety handrail along the edge of

the wall. He submits that this issue was not clarified during the hearing.

[18] The Council opposes the proposed condition, relying on the substantive decision

at [131 ].

[19] This is a jurisdictional issue. As we determined at [131] in the substantive

.••·•·:,\(sr.•,i~;Jf].:,;~'"... decision, there is no jurisdiction in the RMA for the Environment Court to address this

,/ r:,J--:- "\ \ matter. It is a matter for the Coundl as a building consent authority under the Building

l ~~; J Act 2004 to address.

_//\{:;/

5

Condition 35 - Post-Works Monitoring

[20] Mr Shaw seeks that the frequency of monitoring in condition 35(a)(iii) be

immediately after significant storm events.

[21] The Council opposes this amendment as being an inappropriate constraint on its

operations and unnecessary given the Council's interest in checking the structural

integrity of the seawall after a significant storm.

[22] We are not satisfied that the use of the word immediately would have the effect

that Mr Shaw expects. We think that the beach monitoring programme should be

prepared on an integrated and holistic basis. If, once it has been prepared, any person

considers it to be deficient, then that is a matter that could be taken up directly with the

Council or, potentially, in further proceedings.

Condition 40 - Maintenance Requirements

[23] Mr Shaw seeks that the wording of condition 40 be amended by inserting the

words "by the words Beach Nourishmenf' after the words as indicated and before the

words on the drawings. The Council does not consider this amendment to be necessary

but does not oppose it.

[24] Mr Shaw also seeks that the period in condition 40(b) within which the monitoring

must be completed be reduced from three months to two. The Council opposes this

change on the basis that the three-month period was proposed to allow for the safety and

logistical preparations outlined in the evidence of Mr Klinac and there is no reason for the

change.

[25] The Court is content to insert the words by the words Beach Nourishment in

condition 40 but considers that the proposed amendment of condition 40(b) by reducing

the period from three months to two does not appear to have any evidential foundation.

Condition 41 - Sand Supply

,,,'.!_.,,._;o.••'--i"t'i-~.-,.,~~

,/'.,;\:;?~'.-~~~~~~, [26] Mr Shaw considers that the consent holder should maintain an adequate sand

supply for the entire duration of the consent and not just for five years and seeks the

replacement of the words for the following 5 years in condition 41 to at all times.

6

[27] The Council opposes this amendment and notes that any issues to do with

security of sand supply can be addressed under the review condition 5.

[28] We do not consider it appropriate to require the sand supply to be maintained

beyond a rolling five year period. Applied literally, that could require the storage of a vast

amount of sand. It is more appropriate that the availability of sand be monitored on an

ongoing basis and a five-year horizon appears adequate. As the Council notes, should

circumstances change, it may be appropriate to review the issue. As we understood the

expert evidence about coastal processes, there is a range of possibilities.

Condition 42 - Adequacy of Information

[29] Mr Shaw submits that condition 42 "has no teeth to it" and must be amended to

require the consent holder to locate sand to satisfy the requirements of condition 40.

[30] The Council repeats that this is a matter appropriately dealt with in a review, as

provided for in condition 42.

[31] We agree with the Council's position. We note that the expert witnesses on

coastal processes all agreed that the Orewa inshore environment is a closed .system and

so we understand that sand is not being lost outside the system. We also understood

that evidence to be that the level of sand on the beach changes on a cyclic basis. Those

geophysical processes are not to be controlled by conditions of resource consent. If the

consequences of them is that the level of sand on certain parts of the beach reduces,

then that may be a matter that warrants a review of the conditions overall.

Condition 59 - Landscape

[32] Both Mr and Mrs Stansfield and Mr Shaw submit that condition 59 should require

there to be a boardwalk over the roots of trees to prevent damage to them and that the

landscape design must provide that all of the concrete pathway be coloured and

decorated to blend into the environment as much as possible.

[33] The Council disagrees with both of these proposals. In relation to the proposed

boardwalk, the Council notes that the expert evidence of Mr Saxon was that there should

be a boardwalk to protect four trees, but that the path could comprise sections of concrete

within the root zones of 13 trees. In relation to the aesthetic design, the Council notes

7

that condition 59 addresses this in terms of the reference to the application documents

and, in particular, the work done by Isthmus Group, Landscape Architects.

[34] In our view both issues are adequately dealt with by the application documents

which address the location of the pathway over the existing tree roots and the design of

the pathway.

Conditions 61 and 77 - Works in Front of 393 Hibiscus Coast Highway

[35] Mr and Mrs Stansfield refer to the interim decision at [134] and submit that if the

restrictions on the planting and railing in front of 393 Hibiscus Coast Highway are

considered to be appropriate, then there is no reason why such conditions should not

also apply to their property.

[36] The Council says that it proposed specific arrangements in front of 393 Hibiscus

Coast Highway to address its prior agreement with that landowner. It says there is no

evidential basis to do the same in front of any other property.

[37] As noted during the hearing, the Court is concerned that the special treatment of

the frontage of the property at 393 Hibiscus Coast Highway is inconsistent with the

approach to the design and construction of the walkway elsewhere along its length. We

did not understand there to be any evidential foundation for this special treatment beyond

some agreement between the Council and the property owner, who we understand to be

Mr Simunovich, a s 274 party to this proceeding. We received no evidence about any

detail of such an agreement. We note that the Court is not bound by such an agreement.

There does not appear to be any planning or other resource management reason which

would weigh on the Court's consideration of the appropriateness of such site-specific

conditions.

[38] While the Court recognises that development proposals will often involve

agreements between parties that do not form part of the case before the Court, and the

Court should not interfere in private arrangements that do not affect and are not affected

by the matters which the Court has to determine, we can see nothing that provides a

basis on which the Court ought to impose conditions 61 and 77 on the consents for the

walkway. We therefore delete those conditions.

[39] Mr Shaw also seeks that condition 77 be made subject for determination by the

8

Building Industry Authority. For the same reason as given above in relation to the further

condition sought by Mr Shaw, we have no jurisdiction to impose a condition of that kind,

were it otherwise appropriate.

Condition 75 - Lighting

[40] Mr and Mrs Stansfield seek a condition preventing the installation of lights on the

pathway in front of their property at 363A Hibiscus Coast Highway, so that the light source

will not be visible from their residential windows.

[41] The Council submits that the expert evidence of Mr McKensey was that the

lighting design for the pathway would meet relevant standards, have adverse effects that

were less than minor and positive effects in terms of safety and crime prevention through

environmental design. They note that there was no conflicting evidence before the Court

and that Mr McKensey was not cross-examined.

[42] We suspect that Mr and Mrs Stansfield may have misread condition 75. The

requirement that light sources not be visible from any residential window does not mean

that the effect of the light not be visible. As w_e understand it, the lighting fixtures will be

designed so that the source of light will generally not be directly visible. In any event we

do not consider it appropriate for sections of the pathway not to be lit.

Conclusion

[43] The resource consents granted by the Court's interim decision dated 27 May 2020

are made subject to the terms and conditions attached to this decision.

[44] The nature of this proceeding was unusual, where the Council appealed against

its own decision and affected persons sought to be heard. There is no order as to costs.

For the court:

'A Kirkpatrick Chief Environment Court Judge

9

Conditions contents table

Condition heading Condition

number

General conditions - applying to all resource consents BUN60067662 (LUC60067306, LUC60067680, D1S60067668 and CST60067667)

Works in general accordance with the plans 1

Further charges 2

Lapsing period 3

Initial compliance monitoring fee 4

Review condition 5

Construction management

Construction Management Plan provided prior to construction 6-12

Inform Auckland Council prior to commencement of consents 13

Copy of conditions available on site 14

Provide CMP to Mana Whenua on request 15

Construction site maintained in good order for the duration of 16

works

No refuelling of machinery in the coastal marine area 17

Council officers to have access to the site 18

Construction hours 19

Construction noise and vibration, including Construction Noise 20-24

and Vibration Management Plan

Construction Traffic Management Plan 25-29

Pre-start meeting 30

Completion of works 31-33

Monitoring requirements 34-37

Maintenance requirements 38-42

Specific land use consent (s9(3)) - LUC60067306 conditions

Duration of consent 43

Engineering 44

Earthworks, including duration and requirement for Erosion and 45-58

Sediment Control Plan

Landscape 59-61

10

Ecology 62

Heritage 63-64

Tree works 65-72

Street furniture 73

Lighting 74

Management of different users of the pathway 75

Specific stormwater permit (ss14 & 15)- DIS60067668 76

conditions

Specific streamworks permit (s13) - LUC60067680 conditions 77-86

Specific coastal permit (s12) - CST60067667 (disturbance) 87

conditions

Advice notes

Under section 108 of the RMA, consent to construct a walkway, seawall, and

associated access structures (ramps and stairs) along the esplanade reserve which

runs between Kohu Street and Marine View at Orewa Beach is granted subject to the

following conditions:

General conditions - applying to all resource consents BUN60067662 (LUC60067306, LUC60067680, D1S60067668 and CST60067667) .

1. The construction of a walkway, seawall and associated access structures

(ramps and stairs shall be carried out in general accordance with the plans and

all information submitted with the application, detailed below, and all referenced

by the council as consent numbers BUN60067662 (LUC60067306,

LUC60067680, DIS60067668 and CST60067667), subject to such amendments

as may be required by the following conditions of this consent.

Where there is conflict between documents, the most recent version shall apply.

Report title arid reference

Application Form, and Assessment of

Environmental Effects (Orewa Coastal

Walkway and Seawall), Reference

29599.003

Orewa Coastal Walkway and Seawall:

Consent Level Design Report. Job number

29599.003

Author

Tonkin &

Taylor Ltd

Tonkin &

Taylor Ltd

Rev Dated

V4 December

2016

V4 February

2019

11

Other additional information Author Rev Dated

Letter titled "Response to request for further Tonkin & 13 March

information" Taylor Ltd 2017

Letter titled "Works in the Kinloch Reserve Tonkin & 5 April

watercourse and complete drawing set" Taylor Ltd 2017

Drawing title and reference Author Rev Dated

Drawing list & location plan 29599.003-01 Tonkin & 7 January

Taylor Ltd 2019

Existing Situation Plan 29599.003-02 Tonkin & 3 January

Taylor Ltd 2019

Sheet layout plan 29599.003-03 Tonkin & 3 January

Taylor Ltd 2019

Proposed works - seawall & rock revetment. Tonkin & 4 January

Sea wall arrangement plan Sheet 1 Taylor Ltd 2019

29599. 003-30



29599.003-31



29599.003-32



29599.003-33



29599.003-34


Sea wall arrangement Sections - Sheet 1 Taylor Ltd 2019

29599.003-40



29599.003-41



29599.003-42



29599. 003-43

12



29599.003-44



29599.003-45



29599. 003-46

Proposed works - Seawall - Cross Sections Tonkin & 1 January

- Sheet 1 29599.003-50 Taylor Ltd 2019


- Sheet 2 29599.003-51 Taylor Ltd 2019


- Sheet 3 29599.003-52 Taylor Ltd 2019


- Sheet 4 29599.003-53 Taylor Ltd 2019


- Sheet 5 29599.003-54 Taylor Ltd 2019


- Sheet 6 29599.003-55 Taylor Ltd 2019


- Sheet 7 29599.003-56 Taylor Ltd 2019

Orewa Seawall - Concept Plan CP01 Sheet Isthmus B February

1 of 5 Group Ltd 2019









2. The Consent Holder shall pay any subsequent further charges imposed under

section 36 of the RMA relating to the receiving, processing and granting of this

resource consent within 20 days of receipt of notification of a requirement to pay

' the same, provided that, in the case of any additional charges under section /~~~

/],, ... ,(_-:,~'.·::·\ 36(3) of the RMA that are subject to challenge, the Consent Holder shall pay : -.,

·i-----'., t~. ,, I

'. ' \ : ', - j '': •, I

13

such amount as is determined by that process to be due and owing, within 20

days of receipt of the relevant decision.

3. Under section 125 of the RMA, consent numbers BUN60067662 (comprising

LUC60067306, LUC60067680, DIS60067668 and CST60067667) lapse five

years after the date they are granted unless:

a. The consent is given effect to; or

b. The Council extends the period after which the consent lapses.

4. The Consent Holder shall pay the Council an initial consent compliance

monitoring charge of $3,300 - based on 10 monitoring inspections (inclusive of

GST), plus any further monitoring charge or charges to recover the actual and

reasonable costs incurred to ensure compliance with the conditions attached to

these consents.

Review condition

5. Under section 128 of the RMA the conditions of these consents may be

reviewed by the Team Leader Northern Monitoring Auckland Council at the

consent holder's cost.

The review may take place three years after the commencement of the

consents, and at one year intervals from that time following commencement of

the consents, in order to deal with:

a. any erosion caused by the exercise of these consents (including

consequential landscape and visual amenity effects);

b. any safety effects identified; and

c. security of sand supply, as set out in Condition 41.

Construction Management

Construction Management Plan (CMP) to be provided

6. Prior to the commencement of any works on the site that are authorised by

these consents, the consent holder shall prepare a Construction Management

Plan (CMP) and submit it to the Team Leader Northern Monitoring. This CMP

shall include, but not be limited to addressing, the matters outlined in (a)-(q)

below:

a. · Notification of a construction timetable, including the time and staging of

activities;

b. Construction methodology;

C. General site management, including details of:

i. site access, including methods to clearly identify and delineate all

entry and exit points to the coastal marine area;

14

ii. the bunding or containment of fuels and lubricants to prevent the

discharge of contaminants;

iii. maintenance of machinery and plant to minimise the potential for

leakage of fuels and lubricants;

iv. methods to minimise siltation and discolouration of the coastal marine ·

area during works;

v. methods to maintain public access to and along the coastal marine

area as far as practicable while the activities are being carried out;

vi. methods to ensure compliance with noise standards; and

vii. a spill contingency plan in the event that there is any discharge of

contaminants to the coastal marine area;

d. Site reinstatement upon completion of the activities;

e. Dust management;

f. Erosion and sediment control measures in accordance with Auckland

Council's Guideline Document GD2016/005 'Erosion and Sediment

Control Guide for Land Disturbing Activities in the Auckland Region'

(GD2016/005);

g. A finalised streamworks methodology in accordance with Condition 78.

h. Maintenance of legal access to immediately adjoining private properties;

i. Ensuring pedestrian safety along public footpaths or road edges;

j. Any need for temporary road closures and/or other restrictions on the

surrounding road network for the transportation of plant, machinery and

materials or for other reasons relating to construction activities;

k. Site perimeter security;

I. Maintenance of land stability at the site boundaries;

m. Methods for advising adjoining land owners and occupiers of the planned

construction activities;

n. Assessing any special measures for the protection of buildings or

infrastructure on adjacent sites;

o. Processes for the receipt and addressing of complaints;

p.

q.

A Construction Noise and Vibration Management Plan in accordance with

Condition 22; and

A 'Construction Traffic Management Plan' in accordance with Condition

25.

::f :I,il."iifJ:-,\ '¼

1 t: ,.

,:

15

7. No construction activity shall commence until confirmation is provided from the

council that the CMP satisfactorily addresses all the matters required in

Condition 6(a)-(q) and any additional matters considered reasonably necessary.

8. No construction activity shall commence until all measures identified in the CMP

as needing to be put in place prior to the commencement of works have been

put in place.

9. The CMP shall be implemented and maintained throughout the entire

construction period for the Project to manage potential adverse effects arising

from construction activities and shall be updated as necessary. Any substantive

change to the CMP shall be submitted to the Council Team Leader Northern

Monitoring, Auckland Council.

10. Where minor enabling works or isolated works are to be undertaken prior to

commencement of the main works, a site specific CMP may be prepared

commensurate with the scale and effects of the proposed works. Any site

specific CMP must address the relevant parts of Condition 6(a)-(q) and any

other relevant matters. Any site specific CMP shall be submitted to the Team

Leader Northern Monitoring, Auckland Council.

11. No site specific construction activity shall commence until confirmation is

provided from the Council that the site specific CMP satisfactorily addresses all

the matters required and any additional matters considered reasonably

necessary.

12. No construction activity shall commence until all measures identified in any site

specific CMP as needing to be put in place prior to the commencement of works

have been put in place.

13. The Team Leader Northern Monitoring, Auckland Council shall be informed in

writing at least twenty (20) working days prior to the commencement of works

authorised by these consents.

14. A copy of these conditions shall be available at all times on the construction

sites. All contractors must be made aware of the relevant terms and conditions

of these resource consents

15. On request, the Consent Holder shall provide a copy of the approved CMP to

interested Mana Whenua entities.

16. For the duration of the works, the consent holder shall maintain the construction

areas in good order to the satisfaction of the Team Leader Northern Monitoring,

Auckland Council. Specifically:

a. No construction materials shall be left in a position where they could be

carried away by storms, floods, waves or other natural events.

b. All damage and disturbance to the beach caused by vehicle traffic, plant

and equipment shall be remedied as soon as practicable, to the

satisfaction of the Team Leader (Northern) Monitoring.

16

c. All machinery, equipment, construction materials, and surplus spoil shall

be removed from the coastal marine area at the completion of each day's

work and/or when the incoming tide dictates that work must cease, unless

an alternative approach is approved in writing by the Team Leader

Northern Monitoring prior to construction activity commencing.

17. No refuelling of machinery or equipment used during construction activity shall

be undertaken within the coastal marine area.

18. Subject to compliance with the consent holder's health and safety requirements,

and provision of reasonable notice, the employees or agents of the Council

shall be permitted to have access to relevant parts of the construction sites

controlled by the Consent Holder at all reasonable times for the purpose of

carrying out inspections, surveys, investigations, tests, measurements and/or to

take samples.

Construction hours

19. All construction activities on the subject sites, including the off-loading of

materials, shall be between the following hours:

Noise

• Monday to Friday:

• Saturday:

7 a.m. to 6 p.m.

7 a.m. to 1 p.m.

• Sundays or Public Holidays: no works

20. All construction activities within areas subject to this consent shall be measured

and assessed in accordance with NZS 6803: 1999 Acoustics - Construction

Noise (or any subsequent revision). Works shall, as far as practicable, comply

with the following standards:

Day Time dB LAeq dB LAmax Monday - Friday 0630 -0730 55 75

0730 -1800 70 85 1800 - 2000 65 80 2000- 0630 45 75

Saturday 0630- 0730 45 75 0730-1800 70 85 1800-0630 45 75

Advice Note:

The times shown above relate to noise only and do not permit activities to occur

outside of the identified hours of operation in Condition 19.

Vibration

21. Vibration from construction activities undertaken within areas subject to this

consent shall not exceed 5 mm/s at any building when measured in accordance

17

with DIN 4150-3: 1999 "Structural Vibration Part 3: Effects of vibration on

structures".

Construction Noise and Vibration Management Plan

22. At least 20 working days prior to construction commencing, the consent holder shall prepare a construction noise and vibration management plan (CNVMP)

and submit it for certification to the Team Leader Northern Monitoring. The

CNVMP shall, at a minimum, contain the following:

a. The information required by NZS 6803:1999 Section 8 and Annex E2;

b. Predicted noise and vibration levels for relevant equipment/activities;

c. Construction noise and vibration mitigation and management strategies;

d. Noise and vibration monitoring requirements;

e. Communication and consultation procedures with affected neighbouring

sites;

f. Designation of a person responsible for the management and implementation of the construction noise and vibration management plan

and provision of contact details;

g. A complaints register and response procedure; and

h. Methods to ensure that outer perimeter of the material storage site at

Victor Eaves Park is at least 18m from the nearest dwelling.


council that the construction noise and vibration management plan satisfactorily

addresses all the matters required in condition 22(a)-(h) and any additional

matters considered reasonably necessary.

24. No construction activity shall commence until all measures identified in the

CNVMP have been put in place within the immediate area of works.

Construction Traffic Management Plan (CTMP)

25. At least 20 working days prior to the commencement of works the consent

holder shall prepare a Construction Traffic Management Plan (CTMP) and

submit it to the Team Leader Northern Monitoring. The CTMP shall be

prepared by a suitably qualified traffic engineer.

26. The purpose of the CTMP is to manage construction traffic impacts of heavy vehicles on local roads within the vicinity of the site, including, but not limited to,

health, safety and wellbeing of other road users.

The CTMP shall include measures to:

a. Maintain traffic capacity or minimise the impact on traffic capacity during

weekdays and weekends;

18

b. Manage the effects during the delivery of construction material, plant and

machinery;

c. Ensure safe access and egress of heavy vehicles in and out of the sites,

including methods to clearly identify and delineate all entry and exit points

to the coastal marine area;

d. Require journeys made by construction traffic to be timed within the

construction hours in Condition 19;

e. Require truck movements to and from Kohu Street to occur only outside of peak traffic hours;

f. Address any need for temporary road closures and/or other restrictions on

the surrounding road network for the transportation of plant, machinery

and materials or for other reasons relating to construction activities;

g. Ensure pedestrian safety along public footpaths or road edges; and

h. Require a pre and post condition assessment of the existing road

formation.


council that the CTMP satisfactorily addresses all the matters required in condition 26(a)-(h) and any additional matters considered reasonably

necessary.

28. No construction activity shall commence until all measures identified in the CTMP as needing to be put in place prior to the commencement of works have been put in place.

29. The CTMP shall be implemented and maintained throughout the construction

period.

Advice Note:

It is the responsibility of the consent holder to confirmation of the

appropriateness of the CTMP from Auckland Transport. Please contact

Auckland Transport on (09) 355 3553 and review www.beforeudig.co.nz before

you begin works.

Pre-start meeting

30. Prior to the commencement of any works on the site, the consent holder shall

hold a pre-start meeting that:

a. Is located on the subject sites;

b. Is scheduled not less than five days before the anticipated commencement of works;

C. Includes Auckland Council Representatives; and

19

d. Includes representation from the primary contractor who will undertake the

works.

The following information shall be made available at the pre-start meeting:

a. Timeframes for key stages of the works authorised under this consent;

b. Resource consent conditions; and

c. Council confirmed Construction Management Plan.

The meeting shall discuss the erosion and sediment control measures and the

earthworks methodology, and shall ensure all relevant parties are aware of and

familiar with the necessary conditions of this consent.

Advice note:

To arrange the pre-start meeting required please contact the Team Leader

Northern Monitoring to arrange this meeting on

[email protected], or 09 301 0101. The conditions of

consent should be discussed at this meeting. Al/ additional information required

by the Council should be provided 2 days prior to the meeting.

Completion of works

31. Within five (5) working days of th~ completion of construction activity each

construction season, all machinery, equipment, construction materials, and

surplus spoil shall be removed from the coastal marine area. The subject site

shall be left such that any remaining disturbance of the foreshore and/or seabed

is able to be remedied, to the satisfaction of the Team Leader Northern

Monitoring, by the operation of natural processes within seven (7) days of the

completion of each season's construction activity.

32. The Team Leader Northern Monitoring, Auckland Council shall be notified in

writing of the expected date of the completion of construction activity, ten (10)

working days prior to the expected completion date.

33. Within twenty (20) working days of the completion of construction activity, the

consent holder shall supply the Team Leader Northern Monitoring, Auckland

Council with a complete set of 'as built' plans. The 'as built' plans shall be

certified (signed) by a suitably qualified professional as a true record of the

works and shall include:

a. a location plan;

b. a plan which shows the area of occupation within the esplanade

reserve;

c. the new structures located within the stream bed;

d. structure dimensions; and

e. a typical cross-section/s.

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Post Works Monitoring

34. Within three months of the compl~tion of works, a beach monitoring programme

shall be submitted to the Team Leader Northern Monitoring, Auckland Council.

The purpose of the monitoring programme is to enable assessment of the

physical effects of the project, including monitoring of:

a. the beach in front of the seawall;

b. end effects of the seawall; and

c. the profile of the constructed dune at Kinloch Reserve.

35. The beach monitoring programme shall specify, but not necessarily be limited

to:

a. details of the monitoring including:

i. methodology;

ii. locations for monitoring tasks set out in Condition 34. These locations

shall include at least five monitoring points for monitoring th_e beach in

front of the seawall, being:

Profile 04 (as shown on Drawing Reference 29599.003-31 Rev. 5 and 29599.003-32 Rev. 5);

Two monitoring points north of Profile 04; Two monitoring points south of Profile 04; and

iii. frequency, being at least quarterly and after significant storm events.

b. A schedule for reporting to Team Leader Northern Monitoring, Auckland

Council on the results of the monitoring programme.

c. Provision for review of the monitoring programme

36. The beach monitoring programme shall not commence until confirmation is

provided from the council that the programme satisfactorily addresses all the

matters required in 35(a)-(c) and any additional matters considered reasonably

necessary.

37.

The beach monitoring programme shall provide for monitoring of the additional

monitoring points north and south of Profile 04 identified under Condition

35(a)(ii) to be carried out for at least five years following the completion of the

seawall to determine the need for and levels of any additional trigger points

along the seawall, in accordance with Condition 37. Otherwise, the beach

monitoring programme required by Conditions 34-35 shall be carried out

throughout the term of this consent.

The results of the beach monitoring programme shall be analysed by a suitably

qualified and experienced independent expert to determine, amongst other

matters, the need for and levels of any additional trigger points along the

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seawall to monitor the presence of a high tide beach in front of the seawall. The

results shall be submitted to the Team Leader Northern Monitoring, Auckland

Council and any identified additional trigger points shall be added to the beach

monitoring programme.

Maintenance Requirements

38. The structure(s) authorised by this consent shall be maintained in a good

condition for the duration of the consent.

39. On an annual basis and after each significant storm event, the structures and

associated planting shall be inspected and if required, any damaged

rushes/vegetation be restored or replaced, loose rock and grout reinstated and

damage to the surfaces and handrails made good.

40. The consent holder shall place or relocate sand along the seawall to the lines

and levels as indicated by the words Beach Nourishment on the drawings

named in this consent:

a. On an annual basis and before, but as close to, Labour Weekend

each year; and

b. within a 3 month period should any monitoring required under

condition 34 reveal that the beach in front of the seawall has an elevation

of less than 1.8m RL at Profile 04 (as shown on Drawing Reference

29599.003-31 Rev. 5 and 29599.003-32 Rev. 5).

If clause (b) above is triggered within one month of the annual relocation

required by clause (a) above, the consent holder may use their discretion to

combine the two relocation requirements.

41. The consent holder shall maintain an adequate sand supply to comply with

condition 40 for the following 5 years. If requested to do so by the Team Leader

Northern Monitoring, the consent holder must provide evidence of that forward

supply to the Team Leader Northern Monitoring.

42. If the Team Leader Northern Monitoring, Auckland Council is not satisfied with

the information provided at Condition 40, this will provide a basis for review

under Condition 5.

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Specific land us~ consent (s9(3)) - LUC60067306 conditions Note: general conditions 1 to 33 also apply.

43. Land use consent LUC60067306 shall expire on (expiry date) 35 years from the

date the consent was granted) unless it has lapsed, been surrendered or been

cancelled at an earlier date pursuant to the RMA.

Engineering

44. The excavations shall occur in such a manner that the land and any structures

on adjoining property will not collapse or become unstable. Any excavation

within a distance equal to its own height from the boundary shall have its

design, excavation sequence, temporary support for the excavated ground and

construction of the retaining structure including backfill compaction supervised

by a Chartered Professional Engineer.

Earthworks

45. Earthworks undertaken under land use consent LUC60067306 shall be

completed 5 years from the date of commencement.

46. The Team Leader Northern Monitoring, Auckland Council shall be notified in

writing at least 5 working days prior to works commencing on each area of

earthworks, as referenced in the application documents referred to under

Condition 1.

47. A representative from each of Ngati Manuhiri and Ngai Tai ki Tamaki shall be

offered the opportunity to provide cultural monitoring of earthworks prior to

those earthworks commencing.

Erosion and Sediment Control Plan (ESCP) to be provided

48. At least 20 working days prior to the commencement of any earthworks activity

authorised by this resource consent, a finalised Erosion and Sediment Control

Plan specific to each area of earthworks, as referenced in the application

documents referred to under Condition 1, shall be prepared by the consent

holder and submitted to the Team Leader Northern Monitoring Auckland

Council.

The Erosion and Sediment Control Plan shall include but is not limited to:

a. Showing specific erosion and sediment control works (location,

dimensions, capacity, supporting calculations and design drawings);

b. Delineating catchment boundaries;

c. Specifying the timing and duration of construction and operation of

control works (in relation to the staging and sequencing of earthworks);

d. Detailing the management of exposed areas (e.g. grassing,

mulching); and

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e. Monitoring and maintenance requirements for the proposed erosion

and sediment controls.

49. No earthworks activity shall commence until confirmation is provided from the

council that the erosion and sediment control plan satisfactorily addresses all

the matters required in 48(a)-(e) and any additional matters considered

reasonably necessary.

50. No earthworks activity shall commence until all measures identified in the erosion and sediment control plan as needing to be put in place prior to the

commencement of earthworks have been put in place.

51. Erosion and sediment control measures shall be constructed and maintained in

accordance with GD05 "Erosion and Sediment Control Guide for Land

Disturbing Activities in the Auckland Region" and any amendments to this

document, except where a higher standard is detailed in the documents referred

to in conditions above, in which case the higher standard shall apply.

52. Within ten (10) working days following implementation and completion of the

specific erosion and sediment control works referred to in condition 48 and 49, a certificate signed by a Chartered Professional Engineer or otherwise suitably

qualified person shall be submitted to the Team Leader Northern Monitoring, Auckland Council to certify that the erosion and sediment controls have been

constructed in accordance with the Erosion and Sediment Control Plan as

specified in Condition 48 of this consent.

53. All perimeter controls shall be operational before earthworks commence. All

'cleanwater' runoff from stabilised surfaces including catchment areas above the

areas being earthworked shall be diverted away from earthworks areas via a

stabilised system, so as to prevent surface erosion.

54. Exposed areas shall be progressively stabilised against erosion at all stages of

the earthworks activities and shall be managed to minimise the discharge of

sediment to surface water or the coastal marine area.

55. There shall be no deposition·of earth, mud, dirt or other debris on any public

road or footpath resulting from earthworks activities. In the event that such

deposition does occur, it shall immediately be removed. In no instance shall

roads or footpaths be washed down with water without appropriate erosion and

sediment control measures in place to prevent contamination of receiving

waters.

56. Dust suppression measures shall comply with the "Good Practice Guide for Assessing and Managing the Environmental Effects of Dust Emissions"

published by the Ministry for the Environment in 2001.

The operational effectiveness and efficiency of all erosion and sediment control

measures specifically required by condition 48 (Erosion and Sediment Control

Plan) and condition 51 (GD05), shall be maintained throughout the duration of

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earthworks activities or until the site is permanently stabilised against erosion.

Site stabilisation shall mean when the site is covered by a permanent erosion

proof ground cover such as vegetative cover which has obtained a density of

more than 80% of a normal pasture sward.

58. Upon completion or abandonment of any earthworks, all areas of bare earth

shall be permanently stabilised against erosion to the satisfaction of the Team

Leader Northern Monitoring, Auckland Council.

Landscape

59. Prior to the commencement of works, the consent holder shall prepare detailed

landscape design plans and submit these to the Team Leader Northern

Monitoring, Auckland Council. The plans shall be in general accordance with

the plans and drawings that were included with the application documents

referenced in Condition 1, including the reserve concept plans for Kinloch and

Remembrance Reserves, and shall include, but not be limited to:

a. Materials and finishes of the paving along the walkway and at the

walkway intersections with Kohu Street, Marine View and Kinloch and

Remembrance Reserves (paving finishes at the reserves and the street

connections should be differentiated from the rest of the concrete

walkway);

b. Details of the integrated easement access and connections to the

road reserves and the measures to control speed and managed safety in

these shared spaces;

c. Details of the location and form of the pathway over existing tree

roots to prevent damage to these roots;

d. The location and quality of the reserve furniture as shown on the

reserve concept plans;

e. The hand-railing and features at the beach access points; and

f. The plantings within the reserves and the coastal dune plantings,

including the species and the size of trees and plants at the time of

planting and the maintenance details and period for trees and plants to

ensure successful establishment.

60. No works shall commence until confirmation is provided from the council that

landscape design plans satisfactorily addresses all the matters required in

59(a)-(f) and any additional matters considered reasonably necessary

61. A representative from each of Ngati Manuhiri and Ngai Tai ki Tamaki shall be

offered the opportunity to have input into the landscaping plan required by

Condition 59 before its submission to the Team Leader Northern Monitoring,

Auckland Council.

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Ecology

62. Because works are required to be undertaken within the main shorebird nesting

period of August - February inclusive, the area shall be surveyed by a suitably·

experienced ecologist for shorebird nesting activity prior to any works

commencing. If nesting activity is detected, works will have to cease in the

immediate area until such time as the nesting activity is complete. The results of

the survey shall be submitted to the Team Leader Northern Monitoring,

Auckland Council.

Advice note:

Under the Wildlife Act 1953, native shorebird species are protected under the Wildlife Act 1953 under which it is an offence to disturb, harm, or remove them or their nests without a permit from the Minister of Conservation. For further information on bird species that are protected under the Wildlife Act or if any nesting activity is detected in the project area during the works please contact the council's Biodiversity team (Team Leader North/West Biodiversity, biodiversity@a ucklandcouncil. govt. n z)

Heritage

63. Prior to work commencing, a site briefing shall be provided by the consent

holder's project historic heritage expert to all contractors. This briefing shall

provide the following information to the contractors engaged on the site

regarding:

a. what constitutes historic heritage materials;

b. the legal requirements in the case of unexpected historic heritage

discoveries;

c. the location of the historic pillbox and associated Historic Heritage

Overlay at 339 Hibiscus Coast Highway;

d. the appropriate procedures to follow if historic heritage materials are

uncovered whilst the project historic heritage expert is not on site, to

safeguard materials; and

e. the contact information of the relevant agencies (including the project

historic heritage expert, the Team Leader Northern Monitoring, the

Auckland Council Heritage Unit and Heritage New Zealand Pouhere

Taonga) and Mana Whenua.

Documentation demonstrating that the contractor briefing has occurred shall be forwarded to the Team Leader Northern Monitoring prior to work commencing on the site.

If, at any time during site works, potential koiwi (human remains), archaeology

or artefacts are discovered, then the following discovery protocol is to be

followed:

26

a. All earthworks will cease in the immediate vicinity (at least 1 Om from the

site of the discovery) while a suitably qualified archaeologist is consulted

to establish the type of remains.

b. If the material is identified by the archaeologist as human, archaeology or

artefact, earthworks must not be resumed in the affected area (as defined by the archaeologist). The consent holder must immediately advise the Team Leader Northern Monitoring, Heritage New Zealand Pouhere

Taonga and Police (if human remains are found) and arrange a site

inspection with these parties.

c. If the discovery contains koiwi, archaeology or artefacts of Maori origin,

representatives from Ngati Manuhiri and Ngai Tai ki Tamaki are to be provided information on the nature and location of the discovery.

d. The consent holder shall not recommence works until confirmation is

received from the Team Leader Northern Monitoring, Auckland Council that it is appropriate to re-start.

Tree works

65. Prior to the commencement of works, the consent holder shall identify to

Council's Northern Community Facilities Arborist an Appointed Supervisory

(Works) Arborist to be engaged by the consent holder to advise upon and

supervise the tree protection measures required.

66. Prior to the commencement of any tree works, a site meeting is required

between a Contractor's representative, the Appointed Works Arborist, the Team

Leader Northern Monitoring, Auckland Council and the Council's Northern

Community Facilities Arborist. This meeting is to clarify the construction method

for the footpath root bridging, the tree protection measures to be undertaken.

67. The nominated 'Works Arborist' shall be present on-site at all times necessary

to supervise all works that occur within the rootzone of retained protected trees.

68. Removal of protected trees shall be limited to the two Pohutukawa trees

growing within Kinloch Reserve listed as tree 5 and 6 in Table 1 of the tree

report from Arborlab Consultancy Services dated 14th December 2016.

69. All excavation and construction work within the rootzone of retained trees shall

be undertaken in accordance with the recommendations and methodology

provided by the applicant. A copy of the recommendations and methodology

must be kept on site and adhered to at all times during the construction period.

70. All tree removal, replacement planting, and works in the rootzone of retained

trees shall be undertaken in accordance with the conditions listed in the

Auckland Council Environment and Programmes Tree Asset Owner Approval,

issued by the Community Facilities Arboriculture Advisor for this site on 12th

October 2016. A copy of this Asset Owner Approval must be available on the

site at all times during the tree works.

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71. A completion memo shall be provided by the Works Arborist to the Council's

Northern Community Facilities Arborist and Team Leader Northern Monitoring

within thirty (30) days of the completion of site works. The completion memo

shall confirm (or otherwise) that the works have been undertaken in accordance

with the tree protection measures in the conditions of consent and under the

direction of the Works Arborist. The completion memo shall also describe the

health and condition of the trees and confirm (or otherwise) that the effects of

the works upon the trees has been no greater than that permitted by the

condition 68. The report shall also itemise:

a. any remedial actions that may be required to alleviate any adverse effects;

b. the timeframe remedial actions are required within, for and/or by; and

c. what remedial actions have occurred.

72. The consent holder shall ensure that all contractors, sub-contractors, and

workers engaged in any activities covered by this consent are advised of the

tree protection measures contained in the conditions of this consent and that

they operate in accordance with them.

Street furniture

73. The consent holder shall not place any public seating or bench, rubbish bins or

any other street furniture between private property immediately adjoining the

reserve and the seawall.

Lighting

74. All lighting on the footpath shall be in-ground semi-recessed asymmetric floor

wash luminaires (WEEF EFC120 LED ONE-SIDED or similar). All such lighting

shall be located at ground level and directed such that the light source will not

be visible from any residential window.

Stairs and ramps connecting the footpath to the beach will similarly be lit using low height luminaires mounted on the rock wall, within the railing structure or within the handrail, at a height of no more than 2m relative to the stairs/ramp and no higher than 0.1 m above the level of the high level seawall footpath. The lights will be selected and located such that the light source will not be visible

from any residential window.

Management of different users of the pathway

75. Prior to the opening of the walkway, the consent holder shall report to the Team

Leader Northern Monitoring / Manager Resource Consents as to measures that

have been adopted to manage conflict between pedestrians, cyclists and other

users of the walkway which shall include consideration of signage, speed

management, pathway markings, surface treatment and colours. These

measures shall be confirmed by the Team Leader Northern Monitoring,

Auckland Council.

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Specific stormwater permit (ss14 & 15) - DIS60067668 conditions Note: general conditions 1 to 33 also apply.

76. Stormwater diversion and discharge permit DIS60067668 shall expire on (date -

35 years from the date the consent is granted) unless it has lapsed, been

surrendered or been cancelled at an earlier date pursuant to the RMA.

Specific streamworks permit (s13) - LUC60067680 conditions Note: general conditions 1 to 33 also apply.

77. Consent LUS60067680 for the structures within the streambed shall expire on

(date - 35 years from the date the consent is granted) unless it has lapsed,

been surrendered or been cancelled at an earlier date pursuant to the RMA.

Pre-Works

78. The streamworks methodology forming part of the CMP required under

Condition 6 shall be prepared in general accordance with the application

material referenced in Condition 1. Management measures shall follow best

practice methods, including from:

a. ARC Technical Review 2009/84: Fish passage in the Auckland region - a synthesis of current research (2009).

b. Auckland Council's Guideline Document GD2016/005 Erosion and Sediment Control Guide for Land Disturbing Activities in the Auckland Region.

c. ARC Technical Publication 148: Riparian Management Guidelines (June 2001)

The details of the streamworks methodology shall demonstrate:

a. how erosion and sediment controls will avoid sediment or sediment

laden water entering the stream;

b. how controls will avoid any discharge of contaminants to water (e.g.

hydrocarbons, construction materials and concrete);

c. how fish passage and protection will be maintained during and after the streamworks;

d. how clean water (both surface and stream flow) will be diverted

during the streamworks;

e. a detailed methodology for the installation of the structures and stream diversion;

f. timing and duration of the streamworks, including specific control

measures for winter works.

29

Advice note:

It is advised to include any maintenance I servicing areas as part of a CMP.

79. No streamworks activity shall commence until:

a. written confirmation is provided from the council that the streamworks

methodologies proposed in the CMP are best practice to achieve the above

outcomes; and

b. all measures identified in that plan as needing to be put in place prior to

commencement of works have been implemented.

During Works

80. All relevant measures identified in the approved stream works methodology (as

required by condition 78) must be maintained throughout the stream works

activity.

81. Streamworks shall be carried out only during periods when all flows, up to the

24 hour 20 year return period storm event, can be diverted around the area of

works and a two day weather forecast predicts no rainfall for the site location.

During periods of flow greater than the capacity of the diversion, up to the 100

year flood event, a stabilised flowpath shall be provided to ensure no scour or

erosion occurs and so that flows can pass safely around or through the area of

works with minimum nuisance and damage and with no sediment generation or

discharge.

82. The use of construction materials, such as concrete products or grout, shall only

occur outside the wetted cross section of the bed of the stream or where a

methodology for the placement of these materials has been provided to and

approved by the Team Leader Northern Monitoring, Auckland Council. Any

mixing of construction materials shall occur outside the 100 year floodplain, and

using methods so if a spillage does occur that it will be contained to avoid it

entering the waterbody.

83. Any sediment or material excavated from the bed of the stream shall be

stockpiled outside the 100 year floodplain, with appropriate erosion and

sediment control measures in accordance with Auckland Council's Guideline

Document GD05 "Erosion and Sediment Control Guide for Land Disturbing

Activities in the Auckland Region" to the satisfaction of Team Leader Northern


84.

Advice note:

You are advised to integrate any requirement for stockpiling areas for stream

bed spoil with the design of sediment and control measures to avoid any

sediment discharge to the stream.

No machinery shall enter the wetted cross section of the bed of the stream at

any time. All machinery associated with the streamworks activity shall be

30

operated (including maintenance, lubrication and refuelling) in a way, which

ensures no hazardous substances such as fuel, oil or similar contaminants are

discharged. In the event that any discharge occurs, works shall cease

immediately and the discharge shall be mitigated and/or rectified to the

satisfaction of the Team Leader Northern Monitoring, Auckland Council.

Advice note:

Refuelling, lubrication and maintenance activities associated with any

machinery should be carried out away from any water body with appropriate

methods in place so if any spillage does occur that it will be contained and does

not enter the waterbody. You are advised to include any maintenance I servicing areas as part of the finalised CMP.

85. The consent holder shall ensure that all exposed work areas associated with

the streamworks, including the bed and banks of the stream and any adjacent

overland surface flow paths (for normal flows at the time of year the works are

undertaken) are stabilised at the end of each construction day.

Advice note:

If there are any sediment and erosion control plans or measures within the

floodplain or beyond, you are advised to integrate any streamworks stabilisation

measures with the design of sediment and control measures to avoid any

sediment discharge to the stream.

86. Before any stream flows are re-diverted into the stream channel, the

reconstructed stream bed and banks shall be stabilised against erosion using

best practice methods to the satisfaction of the Team Leader Northern


Specific coastal permit (s12) - CST60067667 (disturbance) conditions Note: general conditions 1 to 42 also apply.

87. Coastal permit CST60067667, for construction within the coastal marine area,

shall expire on (expiry date) 10 years from the date the consent was granted

unless it has lapsed, been surrendered or been cancelled at an earlier date

pursuant to the RMA. .

Advice notes

1 The scope of this resource consent is defined by the application made to Auckland Council and all documentation supporting that application.

31

2 The consent holder shall obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. This consent does not constitute building consent approval. Please check whether a building consent is required under the Building Act 2004. Please note that the approval of this resource consent, including consent conditions specified above, may affect a previously issued building consent for the same project, in which case a new building consent may be required.

3 If you disagree with any of the above conditions, or disagree with the additional charges relating to the processing of the application you have a right of objection pursuant to sections 357 A or 357B of the Resource Management Act 1991. Any objection must be made in writing to the Council within 15 working days of notification of the decision.

Heritage New Zealand Pouhere Taonga Act 2014

4 The Heritage New Zealand Pouhere Taonga Act 2014 (hereafter referred to as the Act) provides for the identification, protection, preservation and conservation of the historic and cultural heritage of New Zealand. All archaeological sites are protected by the provisions of the Act (section 42). It is unlawful to modify, damage or destroy an archaeological site without prior authority from Heritage New Zealand Pouhere Taonga. An Authority is required whether or not the land on which an archaeological site may be present is designated, a resource or building consent has been granted, or the activity is permitted under Unitary, District or Regional Plans.

It is the responsibility of the Consent Holder to consult with Heritage New Zealand Pouhere Taonga about the requirements of the Act and to obtain the necessary Authorities under the Act should these become necessary, as a result of any activity associated with the consented proposals. For information please contact the Heritage New Zealand Pouhere Taonga Northern Regional Archaeologist- 09 307 0413 I [email protected].

Protected Objects Act 1975

5 Maori artefacts such as carvings, stone adzes, and greenstone objects are considered to be taonga (treasures). These are taonga taturu within the meaning of the Protected Objects Act 1975 (hereafter referred to as the Act).

The Act is administered by the Ministry of Culture and Heritage. Taonga may be discovered in isolated contexts, but are generally found within archaeological sites.

Under section 11 of the Act, newly found taonga taturu are in the first instance Crown owned until a determination on ownership is made by the Maori Land Court.

For information please contact the Ministry of Culture and Heritage - 04 499 4229 I [email protected].

before the environment court at auckland

Documents