5085903.4 1

Appeal topics and subtopics for direct engagement and Court mediation - PNRP appeals

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Air quality management Proposed mediation dates: 03/03/20-04/03/20 at 12pm

Agrichemicals

7 Y 0.5 6

5.1.13 Discharge of agrichemicals Rule R36B: Motorised and aerial discharge of agrichemicals – permitted activity Rule R37: Agrichemicals into water – permitted activity

Horticulture NZ Federated Farmers of New Zealand Minister of Conservation Masterton District Council South Wairarapa District Council

Minister of Conservation Wellington Water Ltd Federated Farmers of NZ Rangitāne Kāpiti Coast District Council Horticulture New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Alistair and Jennifer Boyne

Balance of Air quality 7 Y 1 11 Property Objective O41: Nuisance discharges to air Policy P52: Managing ambient air quality Policy P55: Managing air amenity Policy P58: Industrial discharges Policy P59: Industrial point source discharges Policy P91: Landfills Rule R1: Outdoor burning – permitted activity Rule R2: Frost protection devices Rule R34: Gas, water and wastewater processes – permitted activity Rule R40: Discharge of other fumigants – controlled activity

Porirua City Council Wellington International Airport Limited Horticulture NZ Wellington Water Limited First Gas Ltd Roading Parks and Gardens and Solid Waste departments of Hutt City Council and Upper Hutt City Council

Rangitāne Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Wellington Water Ltd NZ Transport Agency Kainga Ora Homes and Communities Porirua City Council CentrePort Ltd & CentrePort Properties Ltd

Beneficial use & development Proposed mediation dates: 04/03/20 at 1pm - 10/03/20

Public access 5 Y 0.2 3 Objective O9: Recreational values Objective O10: Public access Policy P9: Public access to coastal marine area and beds of lakes and rivers

Wellington International Airport Ltd

Wellington Water Ltd CentrePort Ltd Royal Forest and Bird Protection Soc Minister of Conservation

Importance of land & water

5 Y 1 14 Catchment based flood and erosion risk management activities Objective O2: Importance of land and water Objective O6: Health needs of people Objective O7: Water for livestock 4.2 Beneficial use and development Policy P7: Uses of land and water Policy P8: Beneficial activities Policy P15: Flood protection activities Policy P16: New flood protection and erosion control

Rangitāne Masterton District Council Wellington International Airport Ltd South Wairarapa District Council Porirua City Council Royal Forest and Bird Protection Society Wellington Water Ltd

Horticulture New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Federated Farmers of New Zealand Rangitāne Wellington Water Ltd Wellington International Airport Ltd NZ Transport Agency Land Matters Ltd Fire and Emergency NZ Kahungunu Ki Wairarapa

1 At the request of the Court the proposed mediation dates exclude Mondays and 28/29 April 2020. NB: Specific timetable has not been accepted by the Court - this is Council's recommended timetable for consideration and update in February 2020.

5085903.4 2

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

The Oil Companies

RSI Definitions 5 Y 1 16 Regionally significant infrastructure Renewable energy generation activities Reverse sensitivity Strategic Transport Network Upgrade

Porirua City Council Powerco First Gas Ltd Meridian Energy Limited Wellington City Council Roading, Parks and Gardens and Solid Waste departments of Hutt City Council and Upper Hutt City Council Masterton District Council South Wairarapa District Council NZ Transport Agency Transpower NZ Ltd Wellington Water Limited Rangitāne

Rangitāne Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Kainga Ora Homes and Communities Wellington City Council Wellington Water Ltd Wellington International Airport Ltd Queen Elizabeth II National Trust NZ Transport Agency Porirua City Council Meridian Energy Limited Horticulture New Zealand Powerco Ltd CentrePort Ltd The Oil Companies

Balance of RSI

5 Y 1 35 2.1.1 Objectives Objective O12: Benefits of regionally significant infrastructure Objective O13: Protecting regionally significant infrastructure New objective - O12A - RSI functional need Policy P12: Benefits of regionally significant infrastructure and renewable energy generation Policy 12A: Benefits of mineral resource utilisation Policy P13: Existing regionally significant infrastructure and renewable energy generation Policy P14: Incompatible activities adjacent to regionally significant infrastructure, renewable energy generation and significant mineral resources New Policy: RSI and sites with significant values New Policy – RSI in sensitive environments (Policy Y) New Policy-Specifically recognise the management of environmental effects of new National & Grid Infrastructure P13A New Rule R156A - Permit certain National Grid activities on the foreshore

Wellington International Airport Limited Meridian Energy Limited South Wairarapa District Council Masterton District Council Royal Forest and Bird Protection Society NZ Transport Agency Transpower NZ Ltd Wellington Water Limited Porirua City Council Rangitāne First Gas Ltd Horticulture NZ

Wellington Water Ltd CentrePort Limited Porirua City Council Kāpiti Coast District Council Royal Forest and Bird Protection Soc NZ Transport Agency Meridian Energy Limited Winstone Aggregates Wellington International Airport Ltd Rangitāne Wellington Fish and Game Council Kainga Ora Homes and Communities Transpower NZ Limited Wairarapa Water User’s Inc. Soc. Powerco Ltd South Wairarapa District Council Masterton District Council The Oil Companies Horticulture New Zealand Minister of Conservation Federated Farmers New Zealand

Natural form & function Proposed mediation dates: 11/03/20 - 13/03/20

Outstanding natural character & ONFL

10 Y 1 13 Objective O32 Policy P24: Assessing outstanding natural character Policy P25: Natural Character Policy P48: Protection of outstanding natural features and landscapes Policy P49: Use and development adjacent to outstanding natural features and landscapes and special amenity areas Method M24: Outstanding natural features and landscapes and high natural character

Minister of Conservation Rangitāne Meridian Energy Limited Transpower NZ Ltd Wellington Water Limited NZ Transport Agency Royal Forest and Bird Protection Society Porirua City Council

Minister of Conservation Wellington Water Ltd Wellington International Airport Ltd South Wairarapa District Council NZ Transport Agency Federated Farmers of New Zealand Horticulture New Zealand Masterton District Council Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Rangitāne

5085903.4 3

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

CentrePort Ltd The Oil Companies Kainga Ora Homes and Communities Porirua City Council Land Matters Ltd Minister of Conservation Meridian Energy Limited Transpower NZ Limited Powerco Ltd Queen Elizabeth II National Trust

Natural character & processes

10 Y 1 6 Natural Character Objective O17: Natural character Objective O19: Natural processes

Fish and Game Rangitāne Wellington International Airport Limited Royal Forest and Bird Protection Society

Wellington Water Ltd Rangitāne Horticulture New Zealand Royal Forest and Bird Protection Soc Federated Farmers of New Zealand Powerco Ltd Wellington International Airport Ltd CentrePort Ltd Land Matters Ltd Meridian Energy Limited Kāpiti Coast District Council Kainga Ora Homes and Communities The Oil Companies Minister of Conservation

Significant surfbreaks

10 Y 1 6 Objective O37: Significant surf breaks Policy P51: Significant surf breaks Schedule K: Significant surf breaks Map 24: Significant surf breaks (Schedule K)

Surfbreak Protection Society Incorporated Royal Forest and Bird Protection Society

Wellington International Airport Ltd South Wairarapa District Council Rangitāne Masterton District Council Wellington Fish and Game Council Kainga Ora Homes and Communities CentrePort Limited Royal Forest and Bird Protection Soc

Significant historic heritage values Proposed mediation date: 17/03/20

Historic heritage 16 Y 1 7 Objective O34: Significant historic heritage values Policy P46: Managing adverse effects on sites with significant historic heritage value Policy P47: Appropriate demolition or removal Schedule E1: Historic heritage structures Schedule E2: Historic heritage wharves and boatsheds Schedule E5: Historic heritage freshwater sites

CentrePort Ltd Wellington Civic Trust Masterton District Council Rangitāne

South Wairarapa District Council Masterton District Council Wellington Fish and Game Council Royal Forest and Bird Protection Soc Heritage New Zealand Wellington Civic Trust The Oil Companies Rangitāne StraitNZ Bluebridge Ltd NZ Transport Agency Porirua City Council Kāpiti Coast District Council Minister of Conservation Powerco Ltd Wellington City Council Federated Farmers of New Zealand KiwiRail

5085903.4 4

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Coastal management Proposed mediation dates: 18/03/20 - 24/03/20

Coastal structures 14 Y 1 38 Noise sensitive activities Operational requirement Objective 053: Functional need in the coastal marine area Objective 055: Public open space Policy P132: Functional need and efficient use Policy P134: Public open space values and visual amenity Policy P138: Structures in sites with significant values Policy P150: Noise and lighting 5.7.2 Coastal management general conditions Rule R149: Maintenance or repair of structures – permitted activity Rule R151: Additions and alterations to structures – controlled activity Rule R153: Removal or demolition of a structure or part of a structure – restricted discretionary activity Rule R154: New temporary structures outside sites of significance – permitted activity Rule R155: New temporary structures – permitted activity Rule R156: New or replacement navigation aids – permitted activity Rule R160: New structures and disturbance associated with motor vehicles inside the Cook Strait Cable Protection Zone and adjacent foreshore, and inside a mana whenua site of significance – discretionary activity Rule R161: New structures, additions or alterations to structures outside sites of significance – discretionary Rule R162: New structures, additions or alterations to structures inside sites of significance - non-complying activity Rule R164: Replacement of structures or parts of structures – restricted discretionary activity

Porirua City Council Wellington Water Limited Transpower NZ Ltd NZ Transport Agency Wellington International Airport Limited Minister of Conservation Transpower NZ Ltd CentrePort Limited Rangitāne Royal Forest and Bird Protection Society First Gas Ltd

Wellington International Airport Ltd Rangitāne Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Wellington International Airport Ltd Kainga Ora Homes and Communities Porirua City Council Wellington Water Ltd CentrePort Ltd NZ Transport Agency Minister of Conservation Meridian Energy Limited Wellington Water Ltd The Oil Companies Site 10 Redevelopment LP Heritage New Zealand Transpower Powerco KiwiRail

Coastal structure modifications

Y 1 15 Rule R150: Minor additions or alterations to structures – permitted activity Rule R152: Removal or demolition of structures or part of a structure – permitted activity Rule R157: New or replacement structures for special purposes – controlled activity Rule R163: Replacement of structures or parts of structures – permitted activity Rule R168: Maintenance or repair or alteration of structures in Schedule E1, Schedule E2, or Schedule E3 – permitted activity Rule R169: Additions or alterations to structures identified in Schedule E1 or Schedule E2 – restricted discretionary activity Rule R171: Additions and alterations to structures identified in Schedule E1, Schedule E2, or Schedule E3 – discretionary activity

CentrePort Ltd Heritage New Zealand Pouhere Taonga StraitNZ Bluebridge Ltd Rangitāne Royal Forest and Bird Protection Soc NZ Transport Agency Porirua City Council Kapiti Coast District Council KiwiRail

5085903.4 5

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Rule R172: Removal, demolition or replacement of a structure or part of a structure identified in Schedule E1, Schedule E2 or Schedule E3 – discretionary activity Rule R173: Maintenance or repair or additions or alternations to structures inside a Commercial Port Area – permitted activity Rule R174: Maintenance or repair or additions or alterations to structures inside the Commercial Port Area - controlled activity Rule R215:Reclamation and drainage inside sites of significance – non-complying activity Schedule E2: Historic heritage wharves and boatsheds Map 32: Commercial Port Area, Lambton Harbour Area and Port Noise Control Line – Lambton Harbour

Motor vehicles on beaches

14 and 13 (regarding Schedule F2c in isolation)

Y 1 12 Policy P147: Motor vehicles on the foreshore Policy P148: Motor vehicles in sites with significant value Policy P149: Protection of the Titāhi Bay fossil forest Rule R190: Motor vehicles for launching retrieving or temporary mooring of vessels – permitted activity Rule R196: Motor vehicles – permitted activity Rule R197: Motor vehicles for certain purposes - permitted activity Rule R198: Motor vehicles inside sites of significance - non complying activity Rule R199: Motor vehicles in the fossil forest at Titāhi Bay – prohibited activity Schedule F2c

Titāhi Bay Residents Association Castlepoint Ratepayers and Residents Association Incorporated

Te Hika a Papauma of Ngati Kahungunu Masterton District Council Titāhi Bay Residents Association Inc Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Castlepoint Ratepayers and Residents Association Incorporated

Titāhi Bay Fossil forest

14 Y 0.5 2 Rule R191: Disturbance associated with beach grooming – permitted activity Rule R192: Beach recontouring for coastal restoration purposes – controlled activity Map 35: Titāhi Bay fossil forest (indicative)

Titāhi Bay Residents Association Porirua City Council

Royal Forest and Bird Protection Soc Kapiti Coast District Council

Balance of Coastal activities

14 Y 1 16 Policy P143: Deposition in a site of significance Policy P144: Dumping in a site with significant values Policy P145: Reclamation, drainage and destruction Rule R194 – Disturbance or damage – discretionary activity Rule R195 – Disturbance or damage inside sites of significance – non-complying activity Rule R202: Maintenance dredging outside a Commercial Port Area or navigation protection areas – controlled activity Rule R205: Destruction, damage, disturbance or deposition inside sites of significance – non-complying activity

Minister of Conservation CentrePort Ltd Wellington International Airport Ltd Royal Forest and Bird Protection Society NZ Transport Agency

Heritage New Zealand Wellington Water Ltd Wellington International Airport Ltd CentrePort Ltd Rangitāne Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Wellington Fish and Game Council Minister of Conservation The Oil Companies Powerco Ltd Porirua City Council Kiwirail Holdings Ltd NZ Transport Agency

5085903.4 6

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Rule R207: Deposition for beach renourishment – controlled activity Rule R209: Deposition inside sites of significance – non-complying activity Rule R214: Reclamation and drainage for regionally significant infrastructure outside of sites of significance – discretionary activity

Natural hazards & seawalls Proposed mediation dates: 25/03/20 - 26/03/20

Natural hazards & seawalls

14 & 15 Y 2 26 Hard hazard engineering Hazard risk management strategy High risk areas Seawall Objective O20: Risk from natural hazards Objective O21: High hazard areas Objective O22: Hard Engineering New objective: coastal hazards Policy P27: High risk areas Policy P28: Hazard mitigation measures Policy P30: Natural buffers New Policy: Effects of climate change Rule R165: Additions or alterations to, or replacements of, existing seawalls – controlled activity Rule R166: Seawalls outside of sites of significance – discretionary activity Rule R167: Seawalls inside sites of significance – non-complying activity New Rule X (above R167) - new seawalls

Wellington Water Ltd NZ Transport Agency Minister of Conservation Rangitāne Wellington International Airport Ltd Royal Forest and Bird Protection Society CentrePort Ltd Porirua City Council

Wellington International Airport Ltd CentrePort Ltd Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Wellington Water Ltd NZ Transport Agency Wellington Fish and Game Council Powerco Ltd The Oil Companies Rangitāne South Wairarapa District Council Masterton District Council Land Matters Ltd Queen Elizabeth II National Trust Minister of Conservation Kiwirail Holdings Ltd Heritage New Zealand

Areas and sites with significant mana whenua values Proposed mediation date: 27/03/20

Mana whenua sites

6 N 1 5 Objective O11: Maori customary use Policy P44: Protection and restoration of site with significant mana whenua values Policy P45: Managing adverse effects on sites with significant mana whenua values

NZ Transport Agency Wellington Water Ltd First Gas Ltd Rangitāne

Wellington International Airport Ltd Wellington Fish and Game Council Royal Forest and Bird Protection Soc Heritage New Zealand Ātiawa ki Whakarongotai Charitable Trust Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Wellington Water Ltd Rangitāne NZ Transport Agency Federated Farmers of New Zealand

Schedule B 6 N 1 Schedule B: Nga Taonga Nui a Kiwa Land Matters Ltd Egon Guttke Wellington Water Ltd Federated Farmers of New Zealand Rangitāne Royal Forest and Bird Protection Soc Wellington Fish and Game Council

Balance of mana whenua provisions

4 & 6 Y 4 Cultural Impact Assesment Objective O16: Nga Taonga Nui a Kiwa Policy P19: Maori values

Rangitāne Wellington Water Ltd Wellington International Airport Ltd CentrePort Limited

5085903.4 7

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Policy P21: Statutory acknowledgements Wellington Fish and Game Council Royal Forest and Bird Protection Soc

Contaminated land and hazardous substances Proposed mediation date: 31/04/20

Contaminated land & hazardous substances

11 Y 1 8 O43: Contaminated land Policy P90: Discharges of hazardous substances Rule R55: Discharges from contaminated land – permitted activity Rule R56: Investigation of, or discharges from contaminated land – discretionary activity Rule R57: Discharges of hazardous substances – non-complying activity

Wellington International Airport Limited Porirua City Council Horticulture NZ The Oil Companies

Wellington Water Ltd The Oil Companies Powerco Ltd Royal Forest and Bird Protection Soc Wellington International Airport Ltd Rangitāne Wellington Fish and Game Council Kainga Ora Homes and Communities Kāpiti Coast District Council Minister of Conservation

Water quality/discharges to water Proposed mediation dates: 01/04/20 until 12pm

Community drinking water supply protection areas

11 Y 0.5 5 P69: Human drinking water supplies, Schedule M1: Surface water community drinking water supply abstraction points Schedule M2: Groundwater community drinking water supply abstraction points Map 27a: Groundwater community drinking water supply protection areas - Wairarapa (incorporates Schedule M2) Map 27b: Groundwater community drinking water supply protection areas - Hutt Valley (incorporates Schedule M2)

Wellington Water Limited, Carterton District Council

Powerco Ltd Horticulture New Zealand Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council The Oil Companies Rangitāne

Water allocation Proposed mediation dates: 01/04/20 at 1pm - 08/04/20

Bores & dewatering 9 Y 0.5 12 Policy P125: Taking of groundwater or ground disturbance Policy P126: Site dewatering Policy P130: Bores Rule R140: Dewatering – permitted activity Rule R140B: Dewatering – restricted discretionary activity Rule R146: Investigation and monitoring bores – permitted activity Rule R146A: Construction and excavation activities deeper than 5m below ground level in community drinking water supply protection areas and the Hutt Valley aquifer system – discretionary activity Rule R147: Drilling, construction or alteration of any bore – controlled activity

NZ Transport Agency Wellington Water Limited The Oil Companies Powerco Transpower NZ Ltd,

Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Wellington Water Ltd The Oil Companies Powerco Ltd Rangitāne Regional Public Health Wellington International Airport Ltd

Supplementary allocation

9 Y 0.5 7 Objective O52: Efficient allocation Policy P11: In-stream water storage Policy P117: Supplementary allocation amounts at flows above the median flow Rule R140A: Take and use of water from a water storage facility – permitted activity Schedule V: Implementation of supplementary allocation policy

Wairarapa Water Users Society Incorporated Wellington Water Limited Rangitāne Fish and Game

South Wairarapa District Council Rangitāne Federated Farmers of New Zealand Wellington Fish and Game Council Horticulture New Zealand Masterton District Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council South Wairarapa District Council

5085903.4 8

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Kahungunu Ki Wairarapa Wellington Water Ltd Wairarapa Water User’s Inc Soc Minister of Conservation

Wellington Hutt Whaitua provisions

9 Y 1 7 Policy WH.P2: Core allocation in the Wellington Harbour and Hutt Valley Whaitua Rule WH.R1: Take and use of water in the Wellington Harbour and Hutt Valley Whaitua – restricted discretionary activity Rule WH.R4: Take and use of water that exceeds minimum flows, water levels or core allocation – prohibited activity Table 8.1: Minimum flows for rivers in the Wellington Harbour and Hutt Valley Whaitua Table 8.2: Surface water allocation amounts for rivers and category A groundwater and category B groundwater in the Te Awa Kairangi/Hutt River, Wainuiomata River and Orongorongo River catchments Table 8.3: Groundwater allocation amounts for category B groundwater and category c groundwater in the Wellington Harbour and Hutt Valley Whaitua

Wellington Water Limited Fish and Game

Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Minister of Conservation

Reasonable & efficient use

9 Y 0.2 2 Policy P118: Reasonable and efficient use Schedule Q: Reasonable and efficient use measures

Wellington Water Limited Wairarapa Water User’s Inc Soc Horticulture New Zealand Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council South Wairarapa District Council Masterton District Council

Region wide rules 9 Y 0.2 3 Rule R136: Take and use of water – permitted activity Rule R137: Farm dairy washdown and milk-cooling water – permitted activity Rule R141: Take and use of water not permitted – controlled activity Rule R142

Minister of Conservation Wellington Water Ltd Rangitāne Horticulture New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities

Balance of Water allocation

9 N 2 27 Core allocation Efficient allocation Health needs of people Minimum flow or water level Objective O52A New Policy and rules for integrated management of takes and discharges New Policy in section 4.9 and whaitua chapters - end use of water Policy P107: The framework for taking and using water Policy P111: Water takes at minimum flows and minimum water levels

Porirua City Council Wellington Water Limited Rangitāne Royal Forest and Bird Protection Society Horticulture NZ Wellington Fish and Game Council Masterton District Council

Wellington Water Ltd Federated Farmers of New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Rangitāne, Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Wellington Water Ltd Horticulture New Zealand Minister of Conservation The Oil Companies Wairarapa Water User’s Inc Soc Powerco Ltd

5085903.4 9

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Policy P112: Priorities in drought and serious water shortage Policy P115: Authorising takes below minimum flows and lake levels Policy P116: Reallocating water Policy P128: Transfer of resource consents Policy P129: Minimum flows and water levels Policy R.P2: Core allocation in the Ruamahanga Rule R.R1: Take and use of water in the Ruamahanga Whaitua – restricted discretionary activity Rule R.R2 Rule K.R1: Take and use of water in the Kāpiti Coast Whaitua – restricted discretionary activity Map 30a: Hutt Valley Aquifer Protection Zone

Fire and Emergency NZ Regional Public Health

Introduction, Interpretation and Ki uta ki tai policies Proposed mediation date: 09/04/20 (good Friday is 10 April and Easter Monday is 13 April)

Introduction, Interpretation and Ki uta ki tai

3 N 1 9 Introduction 1.6 Values of water in the Plan 2.Intrepretation 4.Policies Policy P4: Minimising adverse effects Policy P5: Reviewing of existing consents Policy P6: Synchronised expiry and review dates

Rangitāne Dan Riddiford Wellington International Airport Ltd Wellington Fish & Game Council NZ Transport Agency First Gas Ltd

Wellington International Airport Ltd Kāpiti Coast District Council Wellington Fish and Game Council Royal Forest and Bird Protection Soc Horticulture New Zealand Alistair and Jennifer Boyne Federated Farmers of New Zealand Wellington Water Ltd Powerco Ltd The Oil Companies Heritage New Zealand Pouhere Taonga Minister of Conservation Rangitāne Transpower NZ Limited Wellington International Airport Ltd South Wairarapa District Council CentrePort Limited Meridian Energy Limited Kainga Ora Homes and Communities Porirua City Council Beef and Lamb NZ

Water quality/discharges to water Proposed mediation dates: 14/04/20 - 01/05/20 (Court has asked for no mediation days on 28/29 April)

Water management Objective O25

11 N 2 17 Objective O25: Aquatic ecosystem health and mahinga kai Method M10A Natural character

Royal Forest and Bird Protection Society Wellington Fish and Game Council Beef and Lamb NZ Minister of Conservation Rangitāne

Kahungunu Ki Wairarapa Minister of Conservation Wellington Water Ltd Rangitāne Federated Farmers of New Zealand Horticulture New Zealand Masterton District Council Beef and Lamb NZ Royal Forest and Bird Protection Soc Wellington International Airport Ltd South Wairarapa District Council CentrePort Limited Wellington Fish and Game Council Kainga Ora Homes and Communities Alistair and Jennifer Boyne Minister of Conservation

5085903.4 10

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

NZ Transport Agency

Water management objectives (excluding wastewater & stormwater)

4 and 11 and 3 N 2 38 Entire Plan New definition – contaminant New definition - Te Mana o te Wai Objective O1: Ki uta ki tai Objective O4: Intrinsic values Objective O5: Fresh and coastal water New Objective: Te Mana o te Wai Objective O23: Maintain or improve water quality Objective O24: Contact recreation and Maori customary use Objective O42: Soil health and erosion Objective O44: Land use impacts on soil and water Objective O45: Livestock access to water bodies Objective O46: Discharges to land Objective O47: Sediment runoff

Rangitāne Royal Forest and Bird Protection Society Wellington Fish and Game Council CentrePort Limited Land Matters Ltd Wellington Water Limited Wellington International Airport Limited Porirua City Council

Wellington Water Ltd Meridian Energy Limited Horticulture New Zealand Kāpiti Coast District Council Wellington Fish and Game Council Royal Forest and Bird Protection Soc Federated Farmers of New Zealand Powerco Ltd The Oil Companies Wellington International Airport Ltd Rangitāne Kahungunu Ki Wairarapa CentrePort Limited Kainga Ora Homes and Communities Land Matters Ltd South Wairarapa District Council Masterton District Council Egon Guttke Kahungunu Ki Wairarapa Powerco Ltd NZ Transport Agency Porirua City Council Minister of Conservation Beef and Lamb NZ

Diffuse discharges 11 & 3 N 1 5 3.10 Land Use Policy P65: Minimising effects of rural land activities New policy to manage cumulative effects of rural land use activities

Beef and Lamb NZ Rangitāne Royal Forest and Bird Protection Society Wellington Fish and Game Council

Alistair and Jennifer Boyne Simon Beveridge and Elizabeth Cates Federated Farmers of New Zealand Horticulture New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Wellington Water Ltd Rangitāne Beef and Lamb NZ Kainga Ora Homes and Communities Minister of Conservation

Wastewater 11 N 1 28 Existing discharge New discharge Wastewater Wastewater Network Objective O49: Wastewater discharges to land Objective O50: Wastewater discharges to fresh water Policy P81: Minimising and improving wastewater discharges, Policy P82: Mana whenua values and wastewater discharges Policy P83: Avoiding new wastewater discharges to fresh water Policy P83A: Discouraging new discharges of treated wastewater to coastal water

Carterton District Council Rangitāne South Wairarapa District Council Masterton District Council Porirua City Council Wellington Water Limited

Rangitāne Porirua City Council Carterton District Council Wellington Water Ltd Wellington International Airport Ltd Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Kainga Ora Homes and Communities Minister of Conservation South Wairarapa District Council Masterton District Council Powerco Ltd The Oil Companies

5085903.4 11

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Rule R61: Wastewater discharges to coastal and fresh water – discretionary activity Rule R62: New discharges of wastewater to fresh water – non-complying activity

Stormwater 11 Y 2 44 Stormwater network Objective O48: Stormwater networks Policy P73: Minimising adverse effects of stormwater discharges Policy P74: Development of a stormwater management strategy and first-stage local authority network consents Policy P75: Second stage local authority network consents Policy P76: Minimising wastewater and stormwater interactions Policy P77: Assessing resource consents to discharge stormwater containing wastewater Policy P78: Managing stormwater from large sites Rule R48: Stormwater from an individual property Rule R48A: Stormwater from new subdivision and development – permitted activity Rule R49: Stormwater to land –permitted activity Rule R50: Stormwater from a local authority network at plan notification – controlled activity Rule R51: Stormwater from a local authority network with a stormwater management strategy – restricted discretionary activity Rule R52: Stormwater form a port, airport or state highway – restricted discretionary activity Rule R52A: Stormwater from new subdivision and development – restricted discretionary activity Rule 53 - All other stormwater Schedule N: Stormwater management strategy

Porirua City Council Wellington Water Ltd Carterton District Council Royal Forest and Bird Protection Society Rangitāne South Wairarapa District Council NZ Transport Agency Masterton District Council The Oil Companies

Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Rangitāne Porirua City Council Wellington Water Ltd Wellington International Airport Ltd CentrePort Limited Federated Farmers of New Zealand Horticulture New Zealand Wellington Fish and Game Council Minister of Conservation Powerco Ltd The Oil Companies Kainga Ora Homes and Communities Carterton District Council Queen Elizabeth II National Trust NZ Transport Agency

Balance of Water quality

11 N 2 39 Good management practice Surface water body Policy P10: Contact recreation and Maori customary use Policy P62: Promoting discharges to land Policy P63: Improving water quality for contact recreation and Maori customary use Policy P66: National Policy Statement for requirements for discharges consents Policy P67: Minimising discharges to water or land Policy P68: Avoiding inappropriate discharges to water Policy P70: Managing point source discharges for aquatic ecosystem health and mahinga kai Policy P71: Quality of point source discharges to rivers Policy P72: Zone of reasonable mixing Rule R42: Minor discharges – permitted activity Rule R45: Potable water – permitted activity

Wellington Water Limited Porirua City Council Rangitāne Wellington Fish and Game Council Federated Farmers of New Zealand Land Matters Ltd Royal Forest and Bird Protection Society NZ Transport Agency Minister of Conservation The Oil Companies Wellington International Airport Limited Masterton District Council South Wairarapa District Council Transpower

Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Wellington Water Ltd Wellington International Airport Ltd The Oil Companies Rangitāne Powerco Ltd Wellington Fish and Game Council Wellington International Airport Ltd CentrePort Limited Federated Farmers of New Zealand Horticulture New Zealand Minister of Conservation Alistair and Jennifer Boyne Beef and Lamb NZ Egon Guttke NZ Transport Agency

5085903.4 12

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Rule R58: Water races – discretionary activity Rule R67: Discharges inside sites of significance – non-complying activity Rule R68: All other discharges – discretionary activity All discharges from RSI (new rule)

Queen Elizabeth II National Trust Land Matters Ltd Carterton District Council South Wairarapa District Council Masterton District Council Fire and Emergency NZ Meridian Energy

Discharges to land Proposed mediation dates: 05/05/20 - 06/05/20

Wastewater to land 11 Y 1 6 Policy P85: Biosolids and treated wastewater to land Rule R79: Discharge of wastewater from an industrial or trade process – controlled activity Rule R80: Discharge of treated wastewater from an industrial or trade process – discretionary activity

Wellington Water Limited Carterton District Council Masterton District Council South Wairarapa District Council Rangitāne

Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Kāpiti Coast District Council Porirua City Council Wellington Water Ltd Rangitāne Wellington Fish and Game Council

Vertebrate toxic agents 11 Y 0.2 1 Rule R88: Aerial discharge of vertebrate toxic agents – controlled activity

Minister of Conservation Wellington Water Ltd Rangitāne Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities

Balance of Discharges to land

11 Y 1 9 Fertiliser Policy P94: Discharges of collected animal effluent Policy P95: Discharges to land Rule R69: Minor contaminants – permitted activity Rule R82: Discharges of fertiliser from ground-based or aerial discharge – permitted activity Rule R83: Discharge of collected animal effluent onto or into land – controlled activity Rule R85: Discharge of compost or solid animal waste to land – permitted activity New rule – fertiliser controlled activity

Federated Farmers of New Zealand Wellington Water Limited NZ Transport Agency Rangitāne Royal Forest and Bird Protection Society

Horticulture New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Wellington Water Ltd Wellington International Airport Ltd The Oil Companies NZ Transport Agency Rangitāne Beef and Lamb NZ Kainga Ora Homes and Communities Federated Farmers of New Zealand Powerco Ltd Alistair and Jennifer Boyne Porirua City Council Kapiti Coast District Council

Land use in riparian margins & stock access Proposed mediation date: 07/05/20

Stock access 8 Y 0.5 22 Category 2 surface water body Policy P99: Livestock access to a surface water body and the coastal marine area Policy P101: Management of riparian margins Rule R97: Livestock access to a surface water body or the coastal marine area – permitted activity Rule R98: Livestock access to the beds of surface water bodies – discretionary activity Rule R98A: Livestock access to any Category 1 surface water body – non-complying activity

Beef and Lamb NZ Royal Forest and Bird Protection Soc Wellington Fish and Game Council Federated Farmers of NZ Carterton District Council Dan Riddiford Rangitāne Minister of Conservation

Alistair and Jennifer Boyne Minister of Conservation South Wairarapa District Council Katherine Reedy Simon Beveridge and Elizabeth Cates Rangitāne Hiwi Trust Paul and Cherry Cutfield Andrew and Bridget Mathewson Wellington Fish and Game Council Masterton District Council Beef and Lamb NZ Royal Forest and Bird Protection Soc Kahungunu Ki Wairarapa

5085903.4 13

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Kainga Ora Homes and Communities Federated Farmers of NZ Horticulture NZ

Cultivation & breakfeeding

8 Y 0.2 6 Policy P100: Riparian margins for cultivation and break-feeding Rule R94: Cultivation or tilling of land – permitted activity Rule R95: Break-feeding – permitted activity

Royal Forest and Bird Protection Soc Wellington Fish and Game Council Minister of Conservation Horticulture NZ

Federated Farmers of New Zealand Horticulture New Zealand Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Rangitāne Wellington Water Ltd Minister of Conservation

Soil conservation Proposed mediation dates: 08/05/20

Earthworks & vegetation clearance

8 Y 1 22 Earthworks Vegetation clearance Erosion prone land 5.4.4 Earthworks and vegetation clearance Rule R99: Earthworks – permitted activity Rule R100: Vegetation clearance on erosion prone land – permitted activity Rule R101: Earthworks and vegetation clearance – discretionary activity

Porirua City Council NZ Transport Agency South Wairarapa District Council Wellington Fish and Game Council Masterton District Council Federated Farmers of NZ Dan Riddiford Wellington International Airport Ltd Rangitāne Beef & Lamb NZ Meridian Energy Ltd

Wellington Water Ltd The Oil Companies - Z Energy Limited, BP Oil NZ Ltd and Mobil Oil NZ Ltd Queen Elizabeth II National Trust NZ Transport Agency Federated Farmers of New Zealand Rangitāne Powerco Ltd Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Kainga Ora Homes and Communities Porirua City Council Horticulture NZ Alistair and Jennifer Boyne Minister of Conservation Katherine Reedy Simon Beveridge and Elizabeth Cates Hiwi Trust Paul and Cherry Cutfield Andrew and Bridget Mathewson Beef and Lamb NZ Wellington International Airport Ltd

Wetlands and biodiversity Proposed mediation dates: 12/05/20 - 14/05/20

Wetlands 13 Y 1 41 Natural wetland Significant natural wetland Objective O27: Riparian margins Objective O28: Extent of wetlands New Objective O28A Policy P37: Values of wetlands Policy P38: Restoration of wetlands 5.52 Activities in wetlands general conditions Rule R104: Structures in significant natural wetlands – permitted activity Rule R105: Planting and pest plant control in significant national wetlands and outstanding natural wetlands – permitted activity Rule R106: Restoration of significant natural wetlands and outstanding natural wetlands – controlled activity

Federated Farmers of NZ Dan Riddiford Wellington Fish and Game Council Rangitāne NZ Transport Agency Land Matters Porirua City Council Transpower NZ Ltd Royal Forest and Bird Protection Society First Gas Ltd

Minister of Conservation South Wairarapa District Council Wellington Fish and Game Council Masterton District Council Land Matters Ltd Royal Forest and Bird Protection Soc Kāpiti Coast District Council Rangitāne Kainga Ora Homes and Communities Federated Farmers of NZ Porirua City Council Queen Elizabeth II National Trust NZ Transport Agency Horticulture NZ Alistair and Jennifer Boyne Beef and Lamb NZ

5085903.4 14

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Rule R107: Activities in significant natural wetlands – discretionary activity Rule R108: Activities in significant natural wetlands – non-complying activity Rule R109: Activities in outstanding natural wetlands – discretionary activity Rule R110 – Activities in outstanding natural wetlands – non-complying activity Rule R111: Reclamation of outstanding wetlands – prohibited activity Schedule F3: Identified significant natural wetlands

Kahungunu Ki Wairarapa Egon Guttke Ātiawa ki Whakarongotai Charritable Trust Waa Rata Estate

Biodiversity, aquatic ecosystem health & mahinga kai

13 N 1 55 Wairarapa moana Objective O18: Low energy receiving environments Objective O31: Outstanding water bodies Objective O35: Significant indigenous biodiversity Policy P31: Biodiversity, aquatic ecosystem health and mahinga kai Policy P38A: Restoring Te Awarua-o-Porirua Harbour, Wellington Harbour (Port Nicholson), and Lake Wairarapa Policy P39: Adverse effects on outstanding water bodies Policy P39A: Indigenous biodiversity values within the coastal marine area Policy P40: Ecosystems and habitats with significant indigenous biodiversity values Policy P41A: Effects on the spawning and migration of indigenous fish species Policy P42: Protecting and restoring ecosystems and habitats with significant indigenous biodiversity values Policy P105: Protecting trout habitat Methods M7: Outstanding water bodies Method M20A: Coastal sites that meet NZCPS Policy 11 Schedule A: Outstanding water bodies Schedule F1: Rivers and lakes with significant indigenous ecosystems Schedule F1b: Known rivers and parts of the coastal marine area with inanga spawning habitat Schedule F2c: Significant habitats for indigenous birds in the coastal marine area Schedule F4: Sites with significant indigenous biodiversity values in the coastal marine area Schedule F5: Habitats with significant indigenous biodiversity values in the coastal marine area Schedule I: Important trout fishery rivers and spawning waters Map 18: Significant habitats for indigenous birds in the coastal marine area (Schedule F2c) Map 22a: Important trout fishery rivers (Schedule I, Part A)

Wellington International Airport Ltd Porirua City Council NZ Transport Agency Royal Forest and Bird Protection Society Transpower NZ Ltd Wellington Water Ltd Wellington Fish and Game Council Dan Riddiford First Gas Ltd Land Matters Ltd CentrePort Limited (CentrePort) Rangitāne Minister of Conservation

Minister of Conservation CentrePort Ltd and CentrePort Properties Ltd The Oil Companies - Z Energy Limited, BP Oil NZ Ltd and Mobil Oil NZ Ltd NZ Transport Agency Rangitāne Powerco Ltd Wellington Fish and Game Council Kainga Ora Homes and Communities Royal Forest and Bird Protection Soc Kāpiti Coast District Council Wellington International Airport Ltd Queen Elizabeth II National Trust Land Matters Ltd Meridian Energy Ltd Wellington Water Ltd Federated Farmers of NZ South Wairarapa District Council Masterton District Council Porirua City Council Horticulture NZ Alistair and Jennifer Boyne Katherine Reedy Egon Guttke Waa Rata Estate KiwiRail Holdings Ltd Wairarapa Water User’s Inc Soc Beef and Lamb NZ

5085903.4 15

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Map 22b: Important trout spawning waters (Schedule I, Part B)

Fish Passage 13 Y 0.2 9 Objective O29: Fish passage Policy P34: Fish passage Policy P35: Restoring fish passage

Wellington Water Ltd NZ Transport Agency Porirua City Council Royal Forest and Bird Protection Society Wellington Fish and Game Council Land Matters Ltd

CentrePort Limited and CentrePort Properties Queen Elizabeth II National Trust NZ Transport Agency Rangitāne Wellington Fish and Game Council Kainga Ora Homes and Communities Royal Forest and Bird Protection Soc Kāpiti Coast District Council Minister of Conservation Federated Farmers Land Matters Ltd Porirua City Council Egon Guttke

Mitigation hierarchy 13 Y 0.5 17 Biodiversity mitigation Biodiversity offset Policy P32: Adverse effects on aquatic ecosystem health and mahinga kai Policy P41: Managing adverse effects on ecosystems and habitats with significant indigenous biodiversity values Schedule G1: Principles to be applied when proposing and considering mitigation in relation to biodiversity Schedule G2: Principles to be applied when proposing and considering a biodiversity offset

Meridian Energy Ltd Porirua City Council NZ Transport Agency Royal Forest and Bird Protection Society Wellington Water Ltd Wellington International Airport Ltd

Wellington Water Ltd Wellington International Airport Ltd CentrePort Ltd and CentrePort Properties Ltd Rangitāne Meridian Energy Limited Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Minister of Conservation NZ Transport Agency Wellington Fish and Game Council Kāpiti Coast District Council Queen Elizabeth II National Trust Land Matters Ltd Federated Farmers of NZ Horticulture NZ Porirua City Council

Beds of Lakes & Rivers Proposed mediation dates: 15/05/20 - 20/05/20

Drains & highly modified rivers or streams

12 Y 1 25 Drain Highly modified river or stream Rule R121: Maintenance of drains and highly modified rivers or streams within an individual property – permitted activity Rule R122: Removing vegetation from the bed of any river or lake – permitted activity Method M14A: Mapping of drains and highly modified rivers and streams

Carterton District Council NZ Transport Agency Wellington Water Ltd South Wairarapa District Council Masterton District Council Federated Farmers of NZ Rangitāne Minister of Conservation

Wellington Water Ltd Rangitāne NZ Transport Agency Federated Farmers of New Zealand Horticulture New Zealand Porirua City Council Kāpiti Coast District Council Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kainga Ora Homes and Communities Carterton District Council Wairarapa Water User’s Inc Soc Kahungunu Ki Wairarapa Alistair and Jennifer Boyne Minister of Conservation

5085903.4 16

Appeal Topic1

Sub-topic Council Decision Report No.

Direct Engagement

Court assisted mediation (No. of days)

Appeal points

Relevant Provisions Appellants Section 274 parties

Reclamation 12 N 1 18 Policy P102: Reclamation or drainage of the beds of lakes and rivers Rule R127: Reclamation of the beds of rivers or lakes – non-complying activity Rule R128: Reclamation of the bed of an outstanding river, lake or Schedule C site and associated diversion – prohibited activity

Minister of Conservation GBC Winstone Rangitāne Wellington City Council Land Matters Ltd Wellington Fish and Game Council Wellington Water Ltd Royal Forest and Bird Protection Society NZ Transport Agency Porirua City Council Transpower

Land Matters Ltd Minister of Conservation Wellington Water Ltd Queen Elizabeth II National Trust Rangitāne Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council South Wairarapa District Council NZ Transport Agency Meridian Energy Ltd Masterton District Council Porirua City Council Kainga Ora Homes and Communities Wellington City Council Egon Guttke Waa Rata Estate Federated Farmers Transpower

Balance of beds of lakes and rivers

12 Y 1 35 Ephemeral flow path New definition - flood plain management plan River management scheme Vegetative bank edge protection Policy P103: Management of gravel extraction Policy P106: Management of plants in the beds of lakes and rivers 5.5.4 Beds of lakes and rivers general conditions Rule R112: Maintenance, repair, replacement, upgrade or use of existing structures (excluding the Barrage Gates) – permitted activity New rule - existing structure Rule R114: River crossing structures – permitted Rule R115: Culverts – permitted activity Rule R116: Establishing a dam – permitted activity Rule R117: New structures – permitted activity Rule R119: Clearance or removal of flood debris and beach recontouring – permitted activity, Rule R120: Minor sand and gravel extraction – permitted activity Rule R123: Planting Rule R125: Structures within a site identified in Schedule C (mana whenua) – restricted disc activity Rule R126: Placement of a dam in an outstanding water body – non-complying activity Rule R129: All other activities in river and lake beds – discretionary activity New rule – existing structure New rule – New structures, additions and alterations for RSI inside sites of significance New Rules – Damming and diverting a river in a future growth area

Rangitāne Wellington Water Limited Porirua City Council First Gas NZ Transport Agency Minister of Conservation Royal Forest and Bird Society Federated Farmers of NZ Carterton District Council Masterton District Council South Wairarapa District Council

Land Matters Ltd Minister of Conservation Rangitāne Wellington Fish and Game Council Royal Forest and Bird Protection Soc Kāpiti Coast District Council Wellington Water Ltd The Oil Companies - Z Energy Limited, BP Oil NZ Ltd and Mobil Oil NZ Ltd NZ Transport Agency Powerco Ltd Kainga Ora Homes and Communities Wellington International Airport Ltd CentrePort Ltd and CentrePort Properties Ltd Transpower Federated Farmers of NZ Porirua City Council Queen Elizabeth II National Trust Alistair and Jennifer Boyne Waa Rata Estate Kahungunu Ki Wairarapa Masterton District Council

Total days 42.7