1

Land Acquisition and Compensation Completion

Report

Project No: 50110-001

Date: June 2020

Document Status: Final

Cook Islands: Improving Internet Connectivity

for the South Pacific Project

Prepared by Ministry of Finance and Economic Management for the Government of the Cook

Islands and the Asian Development Bank.

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ABBREVIATIONS

ACL Avaroa Cable Limited

ADB Asian Development Bank

BMH Beach Manhole

CLS Cable Landing Station

EA Environment Assessment

EEZ Exclusive Economic Zone

EIA Environmental Impact Assessment

EMP Environmental Management Plan

Gbps Gigabits per second

GRM Grievance Redress Mechanism

H&S Health and Safety

HHs "Pulling Manholes"

HSP Health & Safety Plan

ICT Information and Communications Technology

IEE Initial Environmental Examination

Mbps megabits per second

MC Manatua Consortium

MCP Manatua Cable Project

NEC National Environmental Council

NES National Environmental Service

NT Telecom Niue

OPT Office des Postes et telecommunication

PMU Project Management Unit

PPE Personal Protective Equipment

ROW Right of Way

SCS Submarine Cable System

SPS Safeguard Policy Statement

SSCC Samoa Submarine Cable Company

This Land Acquisition and Compensation Completion Report is a document of the borrower.

The views expressed herein do not necessarily represent those of ADB’s Board of Directors,

management, or Staff, or the Government of New Zealand.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other status

of any territory or area.

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TABLE OF CONTENTS

Contents ABBREVIATIONS ...................................................................................................................... 2

TABLE OF CONTENTS ............................................................................................................. 3

1 EXECUTIVE SUMMARY .................................................................................................... 4

2 INTRODUCTION ................................................................................................................ 5

3 POLICY AND LEGAL FRAMEWORK ................................................................................. 7

4 IDENTIFYING THE CABLE ROUTE ..................................................................................10

5 ANALYSIS OF ALIGNMENT OPTIONS .............................................................................15

6 LAND OWNERSHIP ..........................................................................................................19

7 GRIEVANCE REDRESS MECHANISM .............................................................................23

8 SUMMARY AND CONCLUSIONS .....................................................................................26

Appendix 1: Community Consultation Records ........................................................................28

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EXECUTIVE SUMMARY

The Government of the Cook Islands, through an approved ADB Loan and grant funding from the New

Zealand Ministry of Foreign Affairs and Trade, is undertaking the installation of a new submarine fibre optic

cable to Rarotonga and Aitutaki.

The Project: Improving Internet Connectivity for the South Pacific, is being managed in the Cook Islands by

the Ministry of Finance and Economic Management division and executed by Avaroa Cable Limited, a

limited liability company wholly owned by the Government of the Cook Islands.

The Manatua Cable, a new, state of the art submarine fibre optic cable, is being installed between the four

Pacific nations linking Samoa and Tahiti with spurs to Niue, Rarotonga, Aitutaki and Bora Bora.

In summary, specific infrastructure components and installation works for the Cook Islands comprise of:

• Fibre optic cable, consisting of 0.125mm thick glass fibres (excluding protective cladding)

along which a signal is transmitted, to be laid directly on the sea floor by a cable laying vessel

from a branch unit on the main trunk cable to shore at Rarotonga and Aitutaki;

• When the cable is close to shore it is floated ashore and installed with the assistance of divers.

From this point to the Beach Man Hole (BMH), the cable is protected using articulated piping

and either buried in the soft substrate or bolted to the harder substrate, avoiding sensitive

ecological features. In the upper intertidal beach areas the cable will be buried using a

tractor with a backhoe up to 1.5m deep and under foreshore land to the BMH;

• Installation of a BMH structure on the seaward side of the road on private (Rarotonga) and

Government-owned (Aitutaki) land;

• Installation of terrestrial fibre cable in ducting buried in the road reserve adjacent to the road

pavement in between the BMH and the Cable Landing Station (CLS);

• Installation of smaller ‘pulling manholes’ (HHs) between the BMH and the CLS to assist with

installing the cable;

• A self-contained CLS located within a prefabricated 20 foot container.

Analysis and thorough considerations were taken into account when deciding on the final cable alignment

route, BMH and CLS locations. The methodology used to assess all potential alignment routes concluded

with the selection of the path that resulted in the following outcomes:

• Cable alignment follows the route where impacts on marine ecology are minimized;

• Least amount of encroachment on private or customary land;

• Community consultations showed no contest to the cable alignment route;

• The land between the shoreline and BMH on Rarotonga and Aitutaki is private land, permission

has been granted from the respective landowners. Landowner discussions showed no contest

on cable alignment route.

The outcome of all the actions taken has resulted in no involuntary resettlement, land acquisition or asset

loss.

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1 INTRODUCTION

1.1 Background

In 2018, the Governments of the Cook Islands, Niue, Samoa and French Polynesia signed an International

Treaty to work together on the Manatua Cable Project (MCP) to link the four countries through a new fibre

optic submarine cable system (see Figure 4.1). It is the first collaboration of its kind in the Pacific. Each

country would engage in the Manatua Consortium (MC) through its own operator company, in the case of

the Cook Islands, this is Avaroa Cable Limited (ACL).

ACL is part owner of the Manatua cable in a consortium with publicly held operators in:

• French Polynesia – Office des Postes et telecommunication

• Niue – Telecom Niue

• Samoa – Samoa Submarine Cable Company

ACL has been established to transform connectivity to the Cook Islands through the design, manufacture, installation and operation of the Manatua cable. The Manatua cable is a 3,634 km, two fibre pairs system connecting Samoa, Niue, Rarotonga and Aitutaki in the Cook Islands and Tahiti and Bora Bora in French Polynesia. Each fibre pair will be capable of operating at up to 10 tera bits per second ( 10,000,000 megabits per second) using state-of-the-art fibre optic technology. The cable will provide cheaper, faster and more reliable wholesale connectivity which will be consumed by

retailers (eg. Vodafone Cook Islands) to provide better products and services to the people and businesses

of the Cook Islands.

ACL is head-quartered in the Ingram House Building, Avarua, Rarotonga, Cook Islands.

Figure 4.1: MCP cable alignment

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The Cook Islands consists of a group of 15 islands located about 3000 km northeast of Auckland, New

Zealand, with the capital at latitude 21°14′S 159°46′W. The Islands are generally split into the southern

and northern group with the southern considered subtropical and the northern group fully tropical islands.

The Cook Islands' exclusive economic zone (EEZ) covers 1,970,000 km2 of ocean (see Figure 4.2.).

In summary, the Cook Islands MCP (the Project) includes:

• Placement of the cable from the deep ocean spur to a landing on the shore; and

• Installation of cable on land via a Beach Manhole (BMH) and trenched along the road reserve

to a cable station (CLS).

Figure 4.2: Cook Islands geographical location

1.2 Project Objectives

The objective of the Project is to reduce the cost and increase the availability of Information &

Communications Technology (ICT) services to support social and economic development.

The Project is expected to contribute to improved public service delivery (including online government

services, health and education and financial services); increased private sector development opportunities,

and reduced transaction costs for businesses and individuals; and national and regional integration

objectives of improved service delivery, trade and communications between the Cook Islands and other

Pacific island economies.

The key safeguards objective is to undertake the MCP in a way that no significant environmental or social impacts arise following implementation of mitigation measures.

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2 POLICY AND LEGAL FRAMEWORK

2.1 Legal Framework

The Constitution Act was enacted by the Parliament in 1964. It is the supreme law of the land that sets out

the power and responsibilities of the government and its three main branches: executive, legislative and

judiciary. The Constitution also outlines the functions, powers and responsibilities of the Land Court and

the Appellate Court.

2.2 Environment laws and regulation.

A detailed review of the Cook Islands’ environmental legislation was undertaken in 1995-6 (Boer, 1996). Since the review, two relevant acts and a regulation were either revised (Marine Resources Act) or drafted

(the Environment Act 2003 & the Environment Regulations 2011).

The Environment Act 2003 is the Cook Islands’ key environmental legislation. The Environment (Permits

and Consents) Regulations 2011 set out the requirements for undertaking a project that impacts the natural

environment as well as that of the National Environment Service (NES). When NES is satisfied that all

concerns (if any) have been addressed, it may then issue any one of three decisions: (i) permit to proceed

with no conditions; (ii) permit to proceed with specific conditions; or (iii) refuse to issue a permit to proceed.

The NEC (National Environment Council), as stipulated in the Environment Act 2003, has a role in the

permitting process especially in regard to Projects that extend 12 nautical miles out from the Cook Islands

into the Exclusive Economic Zone (EEZ). When NEC is satisfied that all concerns (if any) have been

addressed, it may then issue any one of three decisions: (i) permit to proceed with no conditions; (ii) permit

to proceed with specific conditions; or (iii) refuse to issue a permit to proceed.

In addition, the House of Ariki (Maori Chief’s Council) representing the 15 islands was established decades

ago. The Arikis give decisions on land use, as well as on the use of intertidal and marine reef areas,

especially when cultural and historical values are involved. In reality they have no legal power, since the

act only establishes the organization, but they have enormous cultural significance with the people.

2.3 Customary ownership.

Generally, the Crown, subject to customary title, owns all land in the Cook Islands. The implication of that

qualification is that in the end, land ownership rests with the customary owners, being the Native

Landowners who on application to the High Court are determined to be the Landowners. There are a

number of categories of land in the Cook Islands including (i) Crown Land, (ii) Customary Land, (iii)

European Land, (iv) Native Land, and (v) Native Freehold Land. Generally, land owned by the Crown is

Crown Land. Native freehold land, taken by, or transferred to the Crown, becomes Crown Land.

Private land in Cook Islands cannot normally be sold to another citizen. This restriction does not apply to

the Crown. Accordingly, a Native Landowner may transfer, sell, gift, lease, grant easements on a piece of

native freehold land to the Crown; subject to proper payment and/or compensation. So, where one native

cannot sell to another native, a native can sell Native Freehold land to the Crown.

A citizen (native) can lease land or grant an easement in land to another citizen but restrictions apply. Again,

many of those restrictions often do not apply to the Crown.

The type of land-use the Crown requires will often dictate how and what type of ownership is obtained. For

this project’s case, and given the relatively small areas required, namely for the manholes and access from

the high water mark to a road ROW, an easement is all that is required.

Leases of native lands or freehold native lands are administered by the Cook Island Investment Corporation

and are based on the Cook Islands Act 1915 and other relevant legislations summarized below.

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2.4 Land acquisition.

There is a comprehensive legal framework governing land ownership and transactions in the Cook Islands

including but not limited to the Cook Islands Constitution, Cook Island Act 1915, Land Use Act 1969, Lease

(Facilitation of Dealings) Act 1970, and Leases Restriction Act 1976.

Under the Cook Island Act 1915 (Section 362) acquisition of land through agreement. This section

states that the High Commissioner may for any public purpose, for and in the name of Her Majesty,

purchase any Native freehold or European land in the Cook Islands. Or acquire by grant, lease or easement

or any limited right, title, estate, or interest on any such land. Guides acquisition of land by the Crown for

public purposes through agreement with Landowners into sale and purchase of Land.

2.5 Cultural preservation.

The Cook Islands Cultural Development Act 1990 aims to preserve, perpetuate and enhance the country’s

cultural heritage to uphold traditions and develop an appreciation for the Cook Islands’ culture. The act also

enables growth and expansion of productive economic, social and educational activities that may enhance

cultural forms and protect the unique national cultural identity of the people of Cook Islands. The Act also

created the Ministry of Cultural Development and the Advisory Technical Committees to advise the Minister

on the functions of the Ministry.

2.6 ADB Safeguard Policy

The ADB’s 2009 Safeguard Policy Statement (SPS) consists of three safeguard requirements (SR): SR1:

environment; SR2: involuntary resettlement; and SR3: Indigenous Peoples.

The objectives of ADB’s safeguards are to: (i) avoid adverse impacts of projects on the environment and

affected people, where possible; (ii) minimize, mitigate, and/or compensate for adverse project impacts on

the environment and affected people when avoidance is not possible; and (iii) help borrowers/clients to

strengthen their safeguard systems and develop the capacity to manage environmental and social risks.

Through its SPS ADB establishes policy objectives, scope and triggers, and principles for three key

safeguard areas of environment, involuntary resettlement, and Indigenous People. The SPS sets out the

process to be applied from screening, through due diligence and assessment to monitoring and reporting.

The objective of SR1 is to ensure the environment soundness and sustainability of projects and to support

the integration of environmental considerations into the project decision-making process. To help achieve

the desired outcomes, ADB adopts a set of specific safeguard requirements that need to be achieved

during the processing and implementation of projects financed by ADB.

In accordance with ADB’s SPS, the project has been classed as Category B for environment, and Category

C for involuntary resettlement and Indigenous Peoples (ADB 2016). The overarching objective of ADB’s

SPS is to provide a process which the borrower must use to define, prevent and secondarily mitigate any

significant negative effects on the physical, ecological and social environment within a projects’ impact

area. The SPS goes on to define the content and level of detail of the documentation and public review

required.

The Environment Impact Assessment (EIA) includes an includes an analysis of potential impacts resulting

from project activities, appropriately scaled mitigation measures, a matching set of monitoring measures,

framed in an environmental and social management plan (ESMP). It includes the implementation steps

and institutional arrangements, mitigations and monitoring requirements. The EIA also includes a complete

record of the consultations undertaken.

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2.7 Health & Safety

The SPS requires compliance with the World Bank Group’s Environmental Health and Safety Guidelines

(World Bank 2007). Each project is required to provide workers with a safe and healthy working

environment, taking into account inherent risks, any hazards in the work areas, including physical,

chemical, biological, and radiological hazards. The SPS also requires that the government, through the

implementing agency, will take steps to prevent accidents, injury, and disease arising from, associated

with, or occurring during the course of work.

2.8 Industry Sector policies / Codes of Practice

There are no specific Code of Environmental Practice available for submarine internet cable installations.

2.9 Current Agreements

The key agreements between Government and the Project proponent is the Manatua Treaty which is a

collaborative contract between the countries of Samoa, Niue, the Cook Islands and French Polynesia.

The Manatua cable consortium was formed following the signing of the International Treaty in November

2018 between the governments of the Cook Islands, Niue, Samoa and French Polynesia. The purpose of

the consortium is to build and operate the Manatua cable. The consortium comprises of Avaroa Cable Ltd

(for the Cooks Islands), Niue Telecom, the Samoa Submarine Cable Company and Office de Poste et

Telecommunications (for French Polynesia).

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3 IDENTIFYING THE CABLE ROUTE

3.1 Project Alignment options

A number of potential cable alignments, BMH and CLS were considered on Rarotonga and Aitutaki in previous investigations. Section 6.1.1 and Section 6.1.2 describe the key options for each island.

Rarotonga

Brief route descriptions for the three marine cable route alignments considered for Rarotonga (see Figure

6.1.1) are as follows:

• Option 1: This alignment passes through the Rutaki Passage, a natural channel, directly

to shore, and across a small strip of private land to a BMH located adjacent to the main

road, Ara Tapu. The cable is then buried underground in the road reserve to the Aroa

Cable Station site. (This route option was selected)

• Option 2: Is the same as Option 1 but would be buried using a backhoe along the upper

intertidal beach area running parallel to the foreshore exiting at Rutaki School on Crown

Land and to the BMH located adjacent to the road. The cable is then buried underground

in the road reserve to the Aroa Cable Station.

• Option 3: This alignment would come directly over the barrier reef to Rutaki School into

the BMH located adjacent to the road. The cable is then buried underground in the road

reserve to the Aroa Cable Station.

Figure 6.1.1: Rarotonga alignments of three Cable route options

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Aitutaki

Four marine cable route alignment options were considered for Aitutaki (see Figure 6.1.2). Two of the

Options (Options 1 and 2) require the marine cable to pass through a natural channel in the reef and either

landing at the end of the old airport runway (Option 1) or at the Ministry of Marine Resources (MMR)

aquaculture centre (Option 2). Option 3 would require cable deployment in the existing Harbour channel

and Option 4 requires bringing the cable in through a channel to the south of the Harbour entrance.

The cable would then come to shore and pass underground in a trench to the existing cable station above

Arutanga and beside the hospital.

Option 2 was the cable route selected.

500m

Option 4

Option 3

Option

1

MMR

Facility

100m

Option 1

Option 2

Option 2

Old

Runway Route to

CLS

N

Ava Motu

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Figure 6.1.2: Aitutaki alignments of Cable options (top), and cable routes to CLS (bottom) – Aitutaki

3.2 Aspects Considered

The locations for the cable landing sites have no archaeologically or historically significant features in close proximity to both sites. In addition, for the majority of the front haul there are no such features within the road ROW along which the cable would be buried with the exception of an old grave on Te Au Road, Rarotonga (along Option route 1) just before the intersection with Ara Tapu Road in Rarotonga (see Figure 6.2).

Figure 6.2: Graves located on Te Au Road, Rarotonga

250m

Option 4

Option 3

CLS

Route from

Options 1 & 2

Route to

CLS

Hospital

Graves

Graves

Te Au

Road

Te Au

Road

Te Tapu

Road

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3.3 Consultation

Community consultation was undertaken in Rarotonga and Aitutaki in June 2019. Table 6.3 provides

a summary of the meetings undertaken. A total of five public meetings were held with 153 attendees

recorded in total.

Table 6.3: Summary of meetings and community consultation held in June 2019

# Date Meeting Attendance #s

1. 1800 10/06/19 Local community, Betela Meeting Hall 25

2. 1000 11/06/19 Rarotonga NES meeting -

3. 1200 11/06/19 Local community, Sinai Hall 31

4. 1800 11/06/19 Local community, Muri Meeting House 14

5. 1700 12/06/19 Arutanga Hall 24

6. 1000 13/06/19 Vaepae Sports Centre 59

7. 1300 13/06/19 Aitutaki NES meeting -

8. 1400 13/06/19 Ports Authority, Aitutaki -

9. 1500 13/06/19 Ministry of Marine Resources, Marine Research Centre, Aitutaki

-

TOTAL 153

A number of advertisements (Figure 6.4) were run in local media across print, television and radio,

advertising the scheduled public meetings, these advertisements commenced the week prior and ran

until the last public meeting was completed.

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Feedback on the Project and Cable alignment route was gathered by the following means:

• Prior to consultation with an online feedback survey: A link and QR code to an online

survey was advertised to the public to submit their views outside of the meeting forum,

thus allowing people to raise any items they wanted covered during the consultation

and or submit any feedback in lieu of their attendance.

• During consultation with Q&A sessions: Attendees were encouraged to ask questions

and give feedback during the question and answer segment.

• After consultation with a post consultation survey: Following the completion of the

public meetings, an email was sent out to all attendees who left their email addresses

seeking their further feedback on the MCP.

3.4 Outcome of Community Consultation

Many questions were asked about the project, a number of people expressed their support for the MCP. Comments made during the meetings and photos of the events are provided in Appendix 1.

For completeness, it should be noted that ACL has also engaged with traditional leaders in Rutaki and on Aitutaki, being conscious of their important role as community leaders and traditional connections with the lagoon resources. Again, there has been positive and constructive feedback.

Figure 6.4: Advertisement advising of community consultation meetings

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4 ANALYSIS OF ALIGNMENT OPTIONS

4.1 Methodology

The cable alignment options have been screened and ranked according to the following criteria:

• Least amount of encroachment on private or customary land;

• Least amount of interference with marine protected areas;

• Least effect on sensitive coastal and near shore marine features;

• Lowest risk of impacts on BMH site due to coastal erosion;

• Least effect on tourism/fishing/boating/shipping activities; and

• Proximity of the BMH site to the proposed CLS.

Set out below is the outcome of this analysis.

4.2 Outcome of Analysis

Analysis of the most optimal offshore cable route determined that the cable originate in Samoa, then follow

a south-westerly track passing Niue and then between Rarotonga and Aitutaki of the Cook Islands, then

north to French Polynesia. Various other alignments have been considered but the current offshore route

is considered to be the most cost-effective. It was also agreed that the cable would have at last three

spurs, one to Niue, one to Rarotonga, and one to Aitutaki in the Cook Islands. In this document, a spur is

the term given to a cable that branches off from the main Manatua Cable “trunk” and ends at its designated

destination.

A number of alignment options have been considered in Rarotonga and Aitutaki previously, with 3 and 4

key options respectively analysed. The preferred option was selected on the basis of analysis of the

following criteria:

• Least amount of encroachment on private or customary land;

• Least amount of interference with marine protected areas;

• Least effect on sensitive coastal and nearshore marine features;

• Lowest risk of impacts on Beach Manhole (BMH) site due to coastal erosion;

• Least effect on tourism/fishing/boating/shipping activities; and

• Proximity of the BMH site to the proposed Cable Landing Station (CLS).

The outcome of this analysis concluded that on Rarotonga the preferred option, Option 1, brings the cable

through Rutaki Passage to a BMH located on private land, and then along a route adjacent to the road

corridor to a CLS located adjacent to the Vodafone Cook Islands facility at Aroa (see Figure 7.2A).

In Aitukai the preferred option, Option 2, brings the cable through Ava Motu Passage to a BMH located at

the end of the old airport runway on Government-owned land, and then along a route adjacent to the road

corridor to the CLS to be located adjacent to the hospital at Arutanga (see Figure 7.2B).

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Figure 7.2A: Rarotonga - Images showing cable alignment through subtidal & intertidal

environment (a., b. & c.), foreshore land (d.), beach manhole and typical road corridor (e. &

f.)

c. d.

e. f. g.

a. b.

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Figure 7.2B: Aitutaki - Images show cable alignment through the intertidal environment (a.),

foreshore land (b.), beach manhole location at the end of the old runway (c.), and typical

road corridor (d. & e.) and CLS location (f.)

a. b.

c.

d.

e. f.

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4.3 Summary and Conclusions

• Cable alignment follows the route where impacts on marine ecology are minimised.

• Cable alignment route results in no involuntary resettlement, land acquisition or asset Loss.

• Community consultations showed no contest to the proposed cable alignment route

• The land between the shoreline and BMH on Rarotonga and Aitutaki is private land, with

permission required from the respective landowners.

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5 LAND OWNERSHIP

5.1 Landing Sites

On both Islands, the cable passes through private land for which 3m wide easements have been agreed with landowners to reach the BMH located in the ROW (Rarotonga) and within the old airport boundary (Aitutaki). The cable was then laid adjacent in the road ROW to the cable stations for approximately 1.3 km (Rarotonga) and 6.3 km (Aitutaki). There were no involuntary resettlement or asset impacts.

5.2 Beach Man Holes

Rarotonga

The Rarotonga BMH site is located on private land, Section Atuakoro 91C1 Arorangi (see Figure 8.4.1). ACL has had a number of meetings with owners of the Rutaki land – both underlying owners and those with an interest in an existing, old lease on the property.

Furthermore, ACL encouraged owners to seek legal advice and agreed to pay reasonable legal costs with regard to the necessary legal work.

Since monetary compensation for the proposed work is not significant, given the small area of land ( m2) and the underground nature of the completed work, ACL successfully engaged with owners to see how the owners and ACL can jointly benefit from this development of the land; this resulted in a reserve for the owners use and enjoyment.

As part of the agreement, ACL has agreed a 3 m easement access with the landowners of Section Autakoro 91C1, Arorangi with a list of land improvements agreed upon by ACL in return for the 3 m easement, which ACL has secured for no less than the life of the cable (25 years), including:

• Tidying of coastal boulders on the sea shore

• Clearing of the section, removal of all rubbish including an abandoned rusted 40ft container, the removal of an old concrete foundation, the removal of an old long drop, various weed shrubs and debris.

• Landscaping and levelling of the section

• Improvements to the section in the form of a gate, sign, toilet/shower block and BBQ area. NB: Funds for this work have been made available to the family to engage with their preferred contractors to execute planned works.

The details of the meetings held are subject to confidentiality agreements between all parties present. Meetings held at the Ministry of Justice, where the Enduring Agreement was heard in court, were advertised in advance on television, radio and the local newspaper.

Aitutaki

The Aitutaki BMH site is located on Crown and private land (Section Atike 41 Vaitupa Taakarere). Representatives of ACL have travelled to Aitutaki on a number of occasions to meet with landowner representatives.

Furthermore, ACL encouraged owners to seek legal advice and agreed to pay reasonable legal costs with regard to the necessary legal work.

Since monetary compensation for the proposed work is not significant, given the small area of land ( m2) and the underground nature of the completed work, ACL successfully engaged with owners to see how the owners and ACL can jointly benefit from this development of the land; this has resulted in the provision of power and water access to the site for the owners use and enjoyment.

ACL has agreed a 3 m easement access with the landowners of Section Atike 41 Vaitupa Taakarere for no less than the life of the cable (25 years).

20

The details of the meetings held are subject to confidentiality agreements between all parties present. Meetings held at the Ministry of Justice, where the Enduring Agreement was heard in court, were advertised in advance on television, radio and the local newspaper.

5.3 Cable Landing Stations

On Rarotonga, the CLS site is the existing station located on private land under lease by the government since 1968 (Section 83.C Onemaru and Te Mati). The cable station is a modern fully equipped, climate-controlled building. The Project does not require acquisition of customary or private land nor entail displacement of people, food gardens and physical structures.

In Aitutaki, the CLS site is next to the Aitutaki Hospital, and on Government leased land since 23 January 1968, Takapora Section 258 Arutanga (see Figure 8.4.2). The Project does not require acquisition of customary or private land nor entail displacement of people, food gardens and physical structures.

5.4 Right-of-Way

In the Cook Islands, roads are not public land but land legally proclaimed as roads and deemed to be in the possession of the Crown for the purposes of forming, repairing and maintaining a road. In general, the Crown/Government is not permitted to lay cables (telecom, power) and pipes (water, sewage) for public purposes under sealed roads without the consent of the landowners. However, historically there have not been many issues with this because land of a sealed road cannot be used for other purposes. The Infrastructure Act, which came into force on 1 July 2019 provides ACL with the necessary powers to build its cable route for the MCP.

On Rarotonga, the Cable from the BMH has been buried within the existing road ROW leading to the Aroa CLS approximately 1.3 km (see Figure 8.4.1). Similarly, on Aitutaki, the cable has been buried from the BMH along the main road to the CLS within the hospital compound approximately 6.3 km (see Figure 8.4.2).

Care was taken during cable trenching activity between the road pavement and the grave on Te Au Road, trenching activity was carried out on the opposite side of the road to ensure the graves remained undisturbed (Figure 6.2).

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Figure 8.4.1: These images show the cable route and works undertaken in Rarotonga (a) Cable route from the

BMH to CLS (b) Trenching works occurring in ROW (c) Turning Man Hole (d) BMH (e) CLS site

a.

b. c.

e.

d.

22

Figure 8.4.2: (a) The Aitutaki Cable route from the BMH to CLS trenching works (b) CLS being

constructed in Aitutaki

b. a.

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6 GRIEVANCE REDRESS MECHANISM

No significant environmental and involuntary resettlement issues are associated with the Project.

However, a grievance redress mechanism (GRM) was implemented in the event that the need may arise.

The GRM is scaled to the risks and adverse impacts of the Project. If promptly addressed, and using an

understandable and transparent process that is gender responsive, culturally appropriate, and at no costs

and without retribution, the concerns and complaints of potentially affected people will usually be resolved.

The GRM mechanism does not impede access to regular judicial process, but simply provides a simpler

access to complaint resolution. The PMU informed the Village chief of the GRM before the

commencement of civil works. With respect to the strong Christian following present in both Rarotonga

and Aitutaki, Orometuas (Ministers) and village representatives blessed the works site and people involved

prior to the commencement of all civil works

The following six-step mechanism (Table 9.1) is proposed for grievance redress of social and

environmental matters.

Table 9.1: Grievance Redress Process

Step Process Duration

1 Affected Person (AP) / village elected or traditional chief

takes grievance to Project Manager or Contractor

Any time

2 Project Manager or contractor reviews issue, and in

consultation with Village chief and contractor (if

appropriate), agrees to a solution and records the results.

2 weeks

3 Project Manager reports back to Village chief and AP and

gets clearance the complaint has been resolved.

1 week

If unresolved

4 AP take grievance to relevant government agency for

resolution Director of Cook Islands National Environment

Services

Decision within 2

weeks

5. AP refers matter to relevant government agency 2 weeks

6 Relevant government agency refers to an internal

committee

4 weeks

7 Internal committee reports back to relevant government

agency/AP

1 week

If unresolved or if at any stage and AP is not satisfied with progress

AP can take the matter to appropriate state or national court. As per judicial system

During implementation, the Project Manager is responsible for interacting with the GRM. The Project

Manager is the grievance focal point, and receive and address project related concerns, via the designated

staff member. Concerns will be resolved first by the Project Manager and contractor. The community and

stakeholders were made fully aware of their rights regarding land ownership and environmental

degradation.

Any complaint received will be recorded and investigated by the Project Manager and the contractor (as

appropriate). A complaints register will be maintained, and will show the details and nature of the complaint

and actions taken as a result of the investigation. The register will also reference any non-compliance

report and/or corrective action report or other relevant documentation filed in relation to the original

complaint.

Throughout this process, the Government will always be available to hear public complaints and provide

24

advice if the complainant feels that Project Manager responses are not satisfactory. The Project

Manager will make sure that this cooperation is available.

6.1 Acting in Good Faith

The Project Management Unit has worked alongside the members of the community and landowners alike

to ensure all actions undertaken were done with care and in consultation with those interested. As a result,

the Grievance Redress Mechanism has not been required, to date.

Feedback received and actions undertaken with regards to land works are captured below:

# Request Requested

by

Location Action Owner Outcome

1 When trenching

alongside

residential hedge,

please take care to

ensure the hedge is

not damaged.

Property adjacent

to BMH site.

Landowner Rutaki,

Rarotonga

Best endeavours.

Trenching required

very close to hedge

root system so may

damage or collapse

into trench. Will

place temporary

retainer to protect

hedge whilst

exposed

Project

Manager

Completed.

Successfully

preserved

hedge.

2 When clearing the

beach area please

tidy up the rocks

leading down to the

beach

Landowner

s

Rutaki,

Rarotonga

Will discuss with

National

Environment

Support as is

coastal area. If no

negative impact

then will arrange

whilst works are

being undertaken

on site

Project

Manager

Completed

3 Please level the

land next to the

BMH site and

remove all debris

so it looks tidy

Landowner

s

Rutaki,

Rarotonga

Agreed to

undertake this

activity at the time

works are being

carried out.

Remove existing

debris including

concrete block

foundation of old

home.

Project

Manager

Completed

4 If you have any

leftover gravel, can

you place on my

driveway?

Elderly

Residential

homeowne

r (lives

along cable

route)

Aroa,

Rarotonga

Agreed. Any

surplus to needs

once works

completed will be

placed on

driveway.

Project

Manager

Completed.

5 When trenching the

road can you make

Local

community

Arutanga,

Aitutaki

Agreed.

Reinstatement of

roads included in

Project

Manager

Completed

25

sure to reinstate it? member contracts and

closely monitored.

6 Trim the trees and

surrounding areas

on the coastal area

so the cable ship

can be viewed from

a safe distance

away from those

working on the

beach.

Local

community

member

BMH

location,

Aitutaki

Agreed. Local

Island council

undertook this work

in working

partnership with

ACL.

Project

Manager

Completed.

26

7 SUMMARY AND CONCLUSIONS

Analysis and thorough considerations were taken into account prior to selecting the cable alignment, BMH

and CLS locations. The methodology used to access all alternative alignment routes concluded with the path

that resulted in the following outcomes:

• Cable alignment follows the route where impacts on marine ecology are minimized;

• Least amount of encroachment on private or customary land;

• Community consultations showed no contest to the cable alignment route;

• The land between the shoreline and BMH on Rarotonga and Aitutaki is private land, permission

has been granted from the respective landowners. Landowner discussions showed no contest

on cable alignment route.

The following negotiated agreements were made with landowners for use of the land for the project:

The redacted information included in the table below and elsewhere in this document is confidential (ADB

Access to Information Policy 2018, Section III.B.2).

Site Ownership

and amount

of land

needed

Land Use Agreement Resettlement

Impacts

Status

Aitutaki

Landing and

Beach

Manholes

Crown and

private land

of land

needed

Yes, negotiated agreement with the

private landowners, executed on 19

December 2019 allowing use of a 3 m

easement for 25 years, in return for

supply of power and water to the private

property.

No impacts on

assets,

structures or

trees.

Completed

Rarotonga

Landing and

Beach

Manholes

Private land

of land

needed

Yes, negotiated agreement with the

private landowners, to be executed when

Land Court resumes (suspended due to

Covid 19) allowing use of a 3 m easement

for 25 years, in return for (i) tidying of

coastal boulders on the sea shore, (ii)

clearing of the section, removal of all

rubbish including an abandoned rusted

40ft container, the removal of an old

concrete foundation, the removal of an

old long drop, various weed shrubs and

debris, (iii) landscaping and levelling of

the section, and (iv) improvements to the

section in the form of a gate, sign,

toilet/shower block and BBQ area. NB:

Funds for this work have been made

available to the family to engage with their

preferred contractors to execute planned

works.

No impacts on

assets,

structures or

trees.

Completed

Aitutaki

Cable

Landing

Station

Government

leased land

of land

needed

Not required No impacts on

assets,

structures or

trees.

Completed

27

Rarotonga

Cable

Landing

Station

Government

leased land

of land

needed

Not required No impacts on

assets,

structures or

trees.

Completed

28

Appendix 1: Community Consultation Records

29

Photos of community meetings at Betela Meeting House (Top Left), Sinai Hall (Top

Right), Muri Meeting House (Middle Left), Arutanga Meeting House (Middle Right) and

Vaipae Community Sports Centre (Bottom)

30

The names of the people who raised the question or feedback have been redacted (as per the ADB Access

to Information Policy 2018, Section III.B.3).

# Location Raised by Question/feedback Response Date

1 Betela Hall ? Where is cable to be located? Explanation of route provided 10-06-19

2

3

?

?

Is cable harmful?

EIA review

Completely inert, No EMFs, able to be colonised over time

NES has reviewed draft. Available for public comment once draft

report lodged.

10-06-19

10-06-19

4

? Land compensation CLS on government land, easement for cable across private land

being negotiated, Land to MHWS is crown and road ROW. no

displacement of tenants nor land use as both easement pass across

unused land

10-06-19

5 ? Can competitors use cable? Yes, that is the idea for mutilple retailers 10-06-19

6 ? Wll competitors dig up road to lay more cable? It is the intention that existing infrastruture is used 10-06-19

7

8

?

?

Is Cook Islands big enough for competition?

Have other alignment options been looked at?

Yes, based on experience with other island nations

Yes, no fishing in channel, fishers on reef between channel north to

Ra'ui

10-06-19

10-06-19

9

? What about other islands? Tough challenge, not as part of this Project. Continued connectivity

via satelite

10-06-19

10 ? Will cable be a monopoly? It will likely outcompete satelite 10-06-19

11 ? What is design life? 25 years 10-06-19

12 ? CLS site has 20 yrs left on lease No response given 10-06-19

13

14

?

?

Government needs to act for people

Total costs of Project?

No response given

Each project partner is responsible for some elements of project, so

we dont have a figure for the whole project cost. We do know ACL's

costs, which are a maximum of US$15m from ADB and NZ$15m

from MFAT

10-06-19

10-06-19

15

? Have costs between satelite and cable been compared? Yes, this has been done. Modelling on commercials are positive 10-06-19

16 ? Other retailers yet? Whats plan B? No other retailers yet. 10-06-19

17 ? Aitutaki water project. Can same trench be used? ACL to explore 10-06-19

18 ? Other technologies for outer island connectivity Additional tech needs to be expored. 10-06-19

1 Sinai Hall origin of Manatua name? Unknown 11-06-19

2 will the cable be buried? where it can be it will 11-06-19

3

Tonga cable cut, will it happen here?

being engineered to be as structurally sound as possible, putting all

mitigating factors in where able and reasonable, also plans to repair

if it does include involves potential subscribing to south pacific

scheme

11-06-19

4 Has there been a study of the beach profile? yes 11-06-19

5 How deep will the cable go at the BMH? 1.5m, sink in the sand 11-06-19

6 Have you spoken to the arona mana? yes 11-06-19

7 costing's, the spurs, how much will CI be paying? explained funding and how its being spent 11-06-19

8 what is the capacity of the cable? 11-06-19

9 Maintenance costs 11-06-19

10 cost per mb explained wholesaler 11-06-19

11 what's the shareholding 100% government owned 11-06-19

12 will tax payers get dividends no 11-06-19

13 will bluesky no 11-06-19

14 shipping investments no response required or given 11-06-19

15 why isn't the government funding other things no response required or given 11-06-19

16

17

Telecom owns the cable lines around not ACL

what will be put in place to insure what happens in Tonga

doesn't happen here

referenced the Telecommunications act

explained actions we would take re: subscribing to scheme and

engineering it so the likelihood of it happening is low

11-06-19

11-06-19

18

Can you include the pictures you have on your slides in your EIA

Pictures in presentation are extracted from 2016 survey report which is attached to EIA

11-06-19

19 what is the cost of the cable? explained funding and how its being spent 11-06-19

20 what are the costs for the Raro components explained funding and how its being spent 11-06-19

21 cost for Northern group? n/a - not connecting to Northern group 11-06-19

22 projections for the next 5 years? don’t have 11-06-19

23 are all other countries government or private? No 11-06-19

24 were we asked whether or not we wanted this cable? it is a necessity for the island 11-06-19

25 grateful for the cable finally coming through no response required or given 11-06-19

26 request for ACL to meet with Airport authorities agreed to arrange 11-06-19

27 Muri Meeting House Hacking over cable satellite cyber security Cost to update virus protection should be cheaper 11-06-19

28 Timing - if its late do we pay? No - subcom contract 11-06-19

29

Regulator - how will it achieve with only one retailer?

What we've read of the government act, liberating the market, goal is

to create competition

11-06-19

30

size of country too small? have seen it impact other towns with similar population positively -

Ranulf spoke about the improvements seen in Cornwall

11-06-19

31 can it withstand a cyclone? yes 11-06-19

32 cut the road, can you do before the new road is done? referenced ICI act 11-06-19

33 Our regulator, how will they comply? Telecommunications Act 11-06-19

34 What do they do in the EU? explained 11-06-19

35

The hackers will be faster in our opinion, having faster cheaper internet will allow users here to

better protect themselves from viruses and malware content

11-06-19

36

What is our backup strategy? Why aren't we doing a second cable at the same time?

costs for second cable not in scope

11-06-19

37

concerns of physical damage to the cable, will it rub and move?

no

11-06-19

38 what about the idiots here who vandalize? will engineer to mitigate, references the iron clad sleeve 11-06-19

39 Will ACL be the wholesaler? Yes, we need to be cheaper than O3B 11-06-19

40 Will it be not for profit? No. We need to build a fund for cable cut and loan repayments 11-06-19

41 But Bluesky own the cables anyway referenced telecommunications act liberalizing the market 11-06-19

42 Is the 30million just for our part or the whole cable? explained funding and Cook Islands costs 11-06-19

43

Is it going to be faster, cheaper, free internet?

the cable is the key enabler. All the other pieces of the puzzle are required

11-06-19

44 Arutanga Hall

Satellite biosecurity, economic concern, where does the cable originate from?

explained connectivity

12-06-19

45 security issues virus protection 12-06-19

46

Trench, where is it going to be dug?

End of old airport runway and along road up to hospital - referenced Aitutaki map slide

12-06-19

47 where will it run? along Amuri 12-06-19

48 Where will it run in terms of location through CI? explained branching 12-06-19

49

50

Which company will own the land base cable?

Business Plan for ACL is there enough and to replace the

cable?

ACL 12-06-19

12-06-19

51

Damage of the road? Fiber at same time, cooper, electrical cable

12-06-19

52 CLS battery power? 12-06-19

53 Will it run slower once it hits copper? 12-06-19

54

Will there be compensation for the land you are using? I

heard the landowners in Rarotonga are receiving

compensation

No, that is not correct. We are working with the landowners to do

what we can to jointly protect the land our cable comes in in

Rarotonga from erosion

12-06-19

31

55

Social impact. We paid for the pipes ourselves. Privately

owned service lines. May impact people who have their power

cut off. Having services connected on the same day?

12-06-19

56

What are you providing to address it? So this cable can go in and we don’t suffer for it?

We are still in negotiations with potential contractors. We will have one ACL person on site to supervise

12-06-19

57

Talk of intention for the 25 years. What happens if the government tries to sell in future

The idea is to provide cheapest internet possible

12-06-19

58 Share? Who owns? Government owns all the shares 12-06-19

59

What happens if the cable is damaged

explained actions we would take including engineering the cable to mitigate all potential threats to the best of our ability

12-06-19

60 Vaipae

Vandalism? How safe is it from people? How are we protecting it from deliberate damage

Engineering to make it safe from others

13-06-19

61

?

Not professional to speak in english, should speak Maori. The

route your explaining is different from what we agreed to 2

years ago

13-06-19

62 How do we know you have a plan 13-06-19

63 This is a good thing no response required or given 13-06-19

64 ? This is a good thing no response required or given 13-06-19

65

66

?

?

Are you going to fix the road?

What happens from the Hospital (CLS) to households? Who

owns the connection from there?

any damage will be fixed 13-06-19

13-06-19

67 Can we fish? Yes 13-06-19