BEFORE A BOARD OF INQUIRY EAST WEST LINK PROJECT …

Barristers and Solicitors Auckland Solicitor Acting: P H Mulligan / V S Evitt Email: [email protected] Tel 64 9 358 2555 Fax 64 9 358 2055 PO Box 1433 DX CP24024 Auckland 1140

BEFORE A BOARD OF INQUIRY EAST WEST LINK PROJECT UNDER the Resource Management Act 1991 (the RMA)

AND

IN THE MATTER OF notices of requirement for designation and resource

consent applications by the New Zealand Transport Agency for the East West Link Project (the Project)

______________________________________________________________________

MEMORANDUM OF COUNSEL ON BEHALF OF THE NEW ZEALAND TRANSPORT AGENCY

12 December 2017

______________________________________________________________________

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MAY IT PLEASE THE BOARD:

1. On 14 November 2017 the NZ Transport Agency (the Transport Agency) received a

copy of the Board of Inquiry's Draft Decision and Report on the East West Link

Proposal, dated 8 November 2017 (the Draft Report).

2. By email dated 14 November 2017, the Environmental Protection Authority invited the

Transport Agency, pursuant to section 149Q(4) of the RMA, to make comments on

any "minor or technical aspects" of the Draft Report. The Board has also invited

comments on typographical, style, or formatting errors.

3. In accordance with section 149Q(5)(a) of the RMA:

(a) Annexure A to this memorandum sets out the Transport Agency's comments in

respect of minor or technical errors or omissions in the Draft Report (as set out

in Volume 1 of the Draft Report), and proposes wording to rectify them.

(b) Annexure B sets out the Transport Agency's comments in respect of minor or

technical errors or omissions in the Appendices (as set out in Volume 2 of the

Draft Report), and proposes wording to rectify them.

(c) Annexure C sets out the Transport Agency's comments in respect of minor or

technical aspects of the wording of conditions specified in the report (as set out

in Volume 3 of the Draft Report), and its proposed amendments. Annexure C

also contains appendices. These appendices include:

(i) A proposed drawing index for both the designations and consents together

with copies of a small number of drawings referenced in the conditions but

not contained in the Project drawing set. This is to assist with certainty for

compliance purposes; and

(ii) Copies of amended condition wording which has been included to assist

the Board should it decide to adopt the changes proposed by the Agency

(and supported by the Auckland Council).

4. In providing these comments, the Transport Agency is mindful that section 149Q(5):

(a) Limits the permissible scope of comments to "minor or technical aspects of the

report" including "minor errors", "the wording of conditions specified in the

report", or "omissions in the report"; and

(b) Precludes "comments on the Board's decision or its reasons for the decision".

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5. As part of its Draft Report review process, the Transport Agency has consulted with

Auckland Council regarding its proposed amendments to the wording of the

conditions specified in the Draft Report and has incorporated the Council's feedback.

The Transport Agency understands that the Auckland Council is in full agreement

with the Transport Agency's suggested amendments to the conditions and the

reasons for those. The Transport Agency has also included typographical errors

identified by Auckland Council as part of its attached comments.

6. Finally, the Transport Agency would like to record that while its comments may

appear at first glance to be extensive, the majority are related to minor typographical

matters which have been provided for completeness at the invitation of the Board.

DATED 12 December 2017

Patrick Mulligan / Vanessa Evitt / Mathew Gribben Counsel for the New Zealand Transport Agency

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ANNEXURE A – COMMENTS BY THE NZ TRANSPORT AGENCY ON THE DRAFT DECISION AND REPORT (VOLUME ONE)

Draft Report paragraph number

Comments on minor or technical aspects of the Draft Report NZTA's suggested amendments (shown as underlining for additions and strikethrough for deletions)

Global comment Anns Creek does not have an apostrophe, so all references to "Ann's Creek" should be amended to "Anns Creek".

Amend all references to "Ann's Creek" to "Anns Creek".

Global comment A number of words have been unnecessarily capitalised – refer right hand column for details.

Amend the following words so they are not capitalised:

[17]: "Corridor"

[302]: "Proposals"

[307]: "Cultural"

[336]: "Proposal-related"

[461]: "Proposal"

[715]: "Public Amenities"

[1058]: "Recognition"

[1089]: "Site"

Global comment A number of terms have been defined in the text, but have not been included in the Glossary of Terms e.g. Page 25: Kiwi, Hirepool site, Stratex site, Jafaar site.

Consider incorporating defined terms in Draft Report into Glossary of Terms, where they have not yet been incorporated.

Global comment In some places of the decision, TR Group has been referred to as "TR". Suggest amending references to "TR" to "TR Group".

Amend the following references to TR to TR Group:

[930], [931] x 3, [943] x 2, [944], [946], [947], [956], [957], [958] x4, [960], [967], [972] x 3, [977], [982].

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Global comment Some quotes have been italicised, but others have not. Consider whether all quotes should be italicised.

List of counsel Request adding Mr Gribben and Ms Wilson to the list of appearances for the Transport Agency.

Amend as follows:

P Mulligan, and V Evitt, M Gribben and K Wilson

Table of contents

(15.3)

Correct typographical error. Amend as follows:

15.3 Māngere ForEeshore

Glossary of Terms (Auckland Transport)

Correct minor error. Auckland Transport is included in the glossary, but has not been abbreviated or defined.

Delete the reference to Auckland Transport in the Glossary of Terms.

Glossary of Terms

(MACA)

Correct formatting error. Amend as follows:

Marine and Ccoastal Area (Takutai Moana) Act 2011

Glossary of Terms

(Makaurau Marae)

Correct minor error. Amend as follows:

Makaurau Marae Māori Trust

Glossary of Terms

(Mana Whenua Tribes)

Correct punctuation. Delete apostrophe as follows:

Defined as the five Tribe's party to (…)

Glossary of Terms

(MHWS)

Correct typographical error. Amend as follows:

Mean High Water Springs

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[2] Correct typographical error in Footnote 1. Amend as follows:

(…) dues to transitional and savings provisions.

[6](c) Correct formatting error. Amend as follows:

(…) on the southern side of the iInterchange (…)

[12] Correct formatting error in final sentence. Amend as follows:

(…) Auckland Plan (2012).

Strategic Business Case

[13] Correct cross-reference error in Footnote 7. Amend as follows: AEE, Section 9.4.1Ibid, p161.

[22] Correct typographical error in third sentence. Amend as follows:

(…) where public finds funds are involved (…)

[31](a) Correct minor error in last sentence of sub-paragraph. Amend as follows:

This is for new land to be created between Mean High Water Springs (…)

[31](b) Amend the summary of resource consents, to:

a) Correct a minor error, one of the land use consents has been incorrectly recorded as a discharge permit; and to

b) Ensure consistency with the description of consents applied for in Appendix 2 and pages 36 – 39 of the AEE.

Amend as follows:

Six Seven land use consents – (…) Of the sixseven land use consents applied for, twothree are for activities outside the proposed designation footprint (NoR1) and are for activities such as earthworks and vegetation removal, and stormwater detention and retention specifically within the Miami Stream, (a stream connected to the Māngere Inlet) and within Southdown Reserve, adjacent to Southdown Stream, Anns Creek Reserve, Gloucester Park and the Manukau Foreshore Walkway;

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[31](d) Correct two omissions in the summary of resource consents applied for:

a) Coastal works are also required in Onehunga Bay;

b) Bridge structures are also required in Ōtāhuhu Creek, as well as in Anns Creek; and to

c) Ensure consistency with the description of consents applied for in Appendix 2 and pages 36 – 39 of the AEE.

Amend as follows:

Four coastal permits – (…) This work includes reclamation in the Māngere Inlet, works in Onehunga Bay associated with public access, and declamation in the Ōtāhuhu Creek, being:

(i) The construction of permanent structures in the CMA, including bridge structures (Ann’s Creek) and stormwater outfalls; (…)

[31](e) Correct an error in the summary of resource consents applied for. As the coastal permits are all outside of the proposed designation footprint (because designations cannot apply in the CMA), paragraph (e) can be deleted.

Amend as follows:

(e) Of the four coastal permits applied for, one is outside the proposed designation footprint (NoR1) and is for an activity specifically within the Miami Stream;

[31](f) Correct an omission in the summary of resource consents applied for to ensure consistency with the description of consents applied for in Appendix 2 and pages 36 – 39 of the AEE.

Amend as follows:

Six water permits – For works in watercourses and associated drainage and diversion activities such as: (…)

[34](f) Correct formatting error by putting first part of sub-paragraph in bold.

Amend as follows:

Marine and Coastal Area (Takutai Moana) Act 2011 (…)

[31](g) Correct errors in the summary of resource consents applied for to ensure consistency with the description of consents applied for in Appendix 2 and pages 36 – 39 of the AEE.

Amend as follows:

Of the water permits applied for, two include areas are outside the NoRs and proposed designations footprint, and are for including activities specifically within the Miami Stream; and

[31](h) Correct a minor error in the summary of resource consents, one of the land use consents has been incorrectly recorded as a discharge permit.

Amend as follows:

Six Five discharge permits – (…)

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[56] Correct typographical errors in final sentence. Amend as follows

(…) and Oothers (TOES and Others). related parties.

[62] Correct typographical error in second sentence. Amend as follows

(…) with noise and vibrations (…)

[69] Correct formatting error in second sentence. Amend as follows:

The EPA engaged independent Ffacilitators (…)

[73] – [75] Correct formatting error in final sentence of paragraph [73] (which continues into paragraph [75]).

Amend to combine paragraphs [74] and [75] into paragraph [73].

[79] Correct cross-reference error. Amend as follows:

(…) and the need for a dispensation from Transpower New Zealand Limited (Transpower) that might be required. NZTA opposed the adjournment application, as did Transpower New Zealand Limited (Transpower).

[84](j) Correct formatting error in final sentence of sub-paragraph by adding a closed bracket at the end of POAL.

Amend as follows:

(…) (the site is owned by Ports of Auckland Limited (POAL));

[84](l) Correct formatting error in first sentence. Amend as follows:

(…) – a Gglobal grower, marketer, exporter (…)

[84](u) Correct cross-reference for consistency. Amend as follows:

(…) but do not support the East West Link (EWL) option that has been selected (…)

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[84](y) Correct punctuation (extra comma). Amend as follows:

(…) being concrete crushing, , (…)

[84](z) Suggested amendment to cross-reference in last sentence. Amend as follows:

(…) in section [418] [13.4] of this Report.

[97] Correct omission/error – the list of the various iterations of the conditions that the Board were provided with is incomplete, as it omits the post-hearing version of conditions that were filed by the Transport Agency on 27 September 2017 date.

Amend as follows:

(f) Post hearing version – 27 September 2017

[98] Correct omission – this paragraph should refer to the post closing version of conditions that were filed by the Agency on 27 September 2017 date.

Amend as follows:

….we have assessed the Proposal against the final set of proposed conditions submitted by NZTA during following their closing (dated September 2017).

[116] Suggest amendment to last sentence for clarity. Amend as follows:

(…) impose conditions on the NoRs as it thinks (…)

[120] Suggest amendment for consistency with section 2 of the RMA. Amend as follows:

The term "environment" (s2) is defined as follows including:

[121] Suggest deleting reference to section 2 from paragraph as reference is unclear (and reference to s2 is already included in [120]).

Amend as follows:

The Board must have regard to effects on the environment defined in s2 of the RMA, including the potential effects of the Proposal (…)

[122] Suggest minor amendments for sense. Amend as follows:

The term "effect" is defined in s3 of the RMA as, unless the context otherwise requires, the term effect includes as including:

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[125] Suggested amendment to cross-reference in last sentence. Amend as follows:

The Board examines this issue in greater detail in chapters [12] and [14.8] [15.12] of this Report.

[131] Correct punctuation (missing closed bracket after "applies"). Amend as follows:

(…) (other than any effect to which section 104(3)(a)(ii) applies) will be (…)

[131] Correct minor omission in quotation of section 104D(1)(b)(ii). Amend as follows:

(ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity;

[131] Correct punctuation at the end of quotation (delete extra full stop) Amend as follows:

(…) and a proposed plan in respect of the activity." .

[139] Suggest additional cross-reference for completeness. Mr Mulligan submitted there were a number of approaches.

Amend footnote 50 as follows:

50 Transcript, Mulligan, p224 to 228. Mr Mulligan also noted a number of other approaches as outlined in paragraphs [163-165].

[141] Correct minor omission in quotation of section 105(1)(c). Amend as follows:

(c) any possible alternative methods of discharge, including discharge into any other receiving environment.

[153] Correct cross-reference error and suggest amendments to clarify section being quoted in the Report.

Amend as follows:

Section 108(1) of the RMA and s149P(2)(3) of the RMA establishes the Board's jurisdiction to impose conditions on resource consents. Section 108(1) provides as follows:

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The Board analyses this in greater detail in section [12.5] [12.4] of this Report.

[168] Suggest amendments to clarify which subsection is being referred to, as has been done for section 104(1)(b).

Amend as follows:

(…) that the Board is required to have regard to under ss104(1)(b) and 171(1)(a) of the RMA.

[174] Correct typographical error in final sentence. Amend as follows:

(…) the proposed reclamations of the Māngere Inlet that traverses the coastal environment (…)

[177] Correct typographical error. Amend as follows:

(…) the Board is required by s104 to have regard to and s171 to have particular regard (…)

[178] Correct error in location references in second sentence. Amend as follows:

They fall short of being sites of outstanding natural character and are already crossed by SH1 (Māngere Inlet) (Ōtāhuhu Creek) and SH20 Ōtāhuhu Creek (Māngere Inlet).

[178] Correct typographical error in final sentence. Amend as follows:

It also traverses and impacts on marine Significant Ecologcial Areas (SEAs) which echoes biodiversity values protected under the NZCPS.

[181] Correct typographical error in first sentence. Amend as follows:

The Board returns later in section [12] (…)

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[189] Correct formatting error in second sentence. Amend as follows:

The potential effects of the pProposal on freshwater resources (…)


We return to this to the extent that is necessary to our findings on the resource consents in section [14] and NoRs in section [14.8] [15] of this Report.

[203](b) Correct typographical error in final sentence which should refer to the regional plan not the regional policy statement (ie remove the "s" from "RPS").

Amend as follows:

The AUP:OPRPS provisions can be given considerable weight (…)

[207] It is unclear what is meant by the "normal" planning rules in this context. Under s176(1)(a) of the RMA it is only district rules that do not apply to activities authorised by designation. Clarification to this effect is suggested.

Amend as follows:

To avoid doubt, the normal district planning rules as such do not apply to the NoRs.

[212] Correct minor error in reference to policies.

Amend as follows:

(b) E15 (and particularly policies E159.3.9 and E159.3.10 regarding vegetation management and biodiversity); and

[217] Correct description of iwi in first sentence for consistency. Amend as follows:

Propositions on the correct application of Rule C1.5 were advanced by counsel for Ngāti Whātua Ōrākei and Te Kawerau ā Maki, TOES and Others and NZTA.

[217] Suggested amendment to the final sentence of the paragraph which states that "It was common ground that for the purposes of the Board's analysis the district plan provisions of the AUP:OPDP should not apply to the section 104D assessment.". This

Amend final sentence as follows:

It was common ground that for the purposes of the Board's analysis the district plan provisions of the AUP:OPDP were less relevant should not

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statement, however, is inconsistent with submissions of NZTA and the evidence of Ms Rickard (see for example paragraph 6 of Ms Rickard's summary statement presented on 25 July 2017). NZTA submitted and Ms Rickard opined that the provisions of the district plan were less relevant to the section 104D assessment than the regional or regional coastal plan provisions, but did not consider them to be irrelevant.

apply to the section 104D assessment.".

[218] The Proposal involves non-complying activities under both the regional coastal plan and the regional plan component of the Auckland Unitary Plan. For completeness both parts of the Plans should be referenced.

Amend second sentence as follows:

(…) But we also acknowledge that the non-complying activity status is triggered by coastal activities and, in particular the proposed reclamation, and by some regional activities such as stream works in an SEA.(…)

[219] Correct cross-reference for consistency. Amend as follows:

This Report is in essence about the proposed East West Link (EWL) highway.

[228] Suggest minor amendment to first sentence for accuracy.

Amend as follows:

With the arrival of European traders and settlers and the signing of the Treaty of Waitangi acquisition of New Zealand by the Crown in 1840, the Onehunga area and Manukau Harbour acquired a new significance

[230] Suggest minor deletion to second sentence for clarity. Amend as follows:

Belatedly, after the construction of what was Hugh Watt Drive and is now the six motorway lanes of SH20, a projected reclamation, the Taumanu Reserve (lying to the west of the current Neilson Street interchange), was created through reclamation.

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[230] Suggest minor addition to third sentence for accuracy. There a number of different zones that apply throughout Onehunga including industrial.

Amend as follows:

Under the AUP:OP Onehunga is partly zoned as an intensifying residential area.

[234] Suggest addition to this paragraph for accuracy and completeness. The unchallenged evidence of Panuku Development Agency is that the EWL project would support (not delay) redevelopment of the Wharf: see Rod Marler primary evidence, paragraphs 9.2 and 9.7, Smith Transcript, page 2638 and 2639. As currently expressed, this paragraph suggests the contrary view. Suggest additional text to clarify that Panuku did not share this view.

Amend as follows:

(….) the risk to the diverse ecosystem of the Māngere Inlet, and the inevitable delay and disruption, after years of neglect and misuse of the Manukau Harbour, to plans to develop a “new Wynyard Quarter-style” development around the Port. Noting that this concern was not shared by Panuku Development Auckland who gave evidence that the EWL would support its development plans for the Wharf.

[238] Correct reference to SH20 for clarity. Amend as follows:

(…) a connecting highway to link SH1 and SH20 (…)

[239] Correct punctuation in last sentence (missing apostrophe). Amend as follows:

(…) the evidence satisfies us will flow from 'an EWL' in some shape or form.

[249] Correct reference to SH20 for clarity. Amend as follows:

(…) alternative route between SH1 and SH20.

[263] Correct typographical errors in Footnote 119. Amend as follows:

Some witnesses did grapple with the issue (…) would involve relacating relocating many more buinesses businesses than the Proposal (…)

[264] Complete footnote reference in Footnote 120. Amend as follows:

(…) Submission 126026, C. To.

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(…) and the need to ensure that a proposed East West Link EWL highway provided (…)

[279] Suggest deletion of this paragraph as it relates to reclamation extent as opposed to Bike Auckland matters, which is the focus of this part of the draft decision.

Delete as follows:

It is sufficient to indicate at this stage that the extent of the proposed 18.35 hectare reclamation of the Māngere Inlet presented a major concern for the Board.

[297] Correct punctuation in second sentence (missing comma). Amend as follows:

(…) subsequent analysis under Parts 2, 6, 6A and 8 of the RMA (…)

[297] Correct typographical error in last sentence. Amend as follows:

(…) resource consents sought for the proposal have an overall a non-complying activity status.

[304] Correct formatting error in fourth sentence. Amend as follows:

The Board has some sympathy with these submissions, but notes that it is not the planning Aauthority for Auckland (…)

[305] Correct cross-reference error in Footnote 129. Amend as follows:

Para [632(c)] [633](c)

[307] Suggest amended wording for clarity of meaning. By definition a non-complying activity will not achieve "compliance" with the AUP:OP and is not expected to. Similarly, the term "infringement" is not typically language used in the context of a policy assessment and would be better suited to an assessment of a proposal against plan rules, which is not the context here. More

Amend as follows:

The proposed reclamations raise a number of critical planning issues, such as consistency compliance with the AUP:OP, prima facie inconsistency with the infringement of AUP:OP and NZCPS policies to avoid reclamation, consideration of the relevant s104D gateway test,

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typical RMA language would be to assess the "consistency" of a proposal with the policy framework.

and important Part 2 Cultural and Treaty of Waitangi issues.

[309] Suggest amending second sentence for clarity, as TR Group do not own all of the land that Anns Creek is located on.

Amend as follows:

Some of tThe land is owned by TR Group.

[309] Suggest minor amendment to fourth sentence for consistency with other parts of decision. The Transport Agency sought to permanently designate a portion of the TR Group land partly on the basis that it was better equipped to protect the ecology of the area in perpetuity. The Transport Agency also proposed, as an alternative to permanent designation, a designation of the TR Group land in order to address adverse effects of the construction of the viaducts and allow ecological enhancement, with the intent that the designation would be rolled back upon lodgement of relevant covenants to protect the ecology of Anns Creek.

Amend fourth sentence as follows:

NZTA’s justification for this component of the NOR a permanent designation in this location is that it will be well equipped in perpetuity to protect and nurture the vegetation in this area.

[313] Correct iwi description for consistency. Amend as follows:

Submissions were made by Ngāti Whātua Ōrākei, Te Kawerau ā Maki Iwi Tribal Authority, and (…)

[313] Correct punctuation (add full stop to second sentence). Amend as follows:

(…) or recorded that they did not oppose.

[314]-[317] Correct formatting of these paragraphs Amend as follows:

Specifically reference was made to:

[315] a The 1985 Report of the Waitangi Tribunal on the Manukau claim (WAI-8);

[316] b The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress

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Act 2014, and

[317] c The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Deed of 2012.

[320] Suggest minor amendments for clarity. Amend as follows:

Submissions were received, particularly from TOES and Others, which that adverse impacts and effects of the highway on the Onehunga community justified conditions that requiring the various transmission lines and pylons owned by Transpower should to be placed underground.

[324] Correct minor error in cross-reference. Amend as follows:

(…) a right of appeal is conferred on parties stipulated in s149Q(4) s149R(4) to the High Court (…)

[327] Suggest amendments to clarify obligations under s171. Amend as follows:

(…) the Board is obliged to have regard to the matters set out in s171(1), and comply with s171(1A), as if it were a territorial authority (…)

[336] Suggest minor text amendment for accuracy and consistency with statutory language.

Amend as follows:

The s5 purpose policy of the RMA (…)

[343] Suggest amendment to first sentence for clarity. Amend as follows:

(…) which structure would have been approximately (…)


IbidNew Zealand Transport Agency v Architectural Centre Inc & Ors [2015] NZHC 1991, para 82.

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IbidNew Zealand Transport Agency v Architectural Centre Inc & Ors [2015] NZHC 1991, para 83-118.

[357] Correct typographical error in first sentence of quote. Amend as follows:

The method of applying s5s 5s5s5s then involves (…)

[367] Correct punctuation in first sentence. Amend as follows:

(…) if the applications pass through one of the two s104D gateways."… (…)

[370] Correct minor error regarding the CMA. Amend second sentence as follows:

(…) given the proximity of Auckland and its many zones to the CMAs. (…)

[371] Correct formatting error contained in the quote from Dye v Auckland Regional Council – a new paragraph should begin at the end of the first paragraph in the quote, with the new paragraph beginning at "Some helpful comments were also made by the Environment Court in Akaroa Civic Trust….."

Amend as follows;

(…) the Court committed no error of law.

[xx] Some helpful comments were also made by the Environment Court in Akaroa Civic Trust v Christchurch City Council:163

"…We consider that if a proposal (…)

[373] Section 104D(1)(b) only requires an assessment against the objectives and policies of the relevant plans. Reference to Part 2 is therefore unnecessary and could be deleted.

Amend as follows:

Applying the above, the approach must be to consider and weigh carefully the many activities which NZTA’s applications entail and to decide whether those activities collectively are or are not contrary to the objectives and policies both of the AUP:OP and the legacy Coastal Plan provisions. In doing so, the Board must be careful not to minimise or ignore the relevant objectives and policies by some form of specious

BF\57460450\8 | Page 16



reliance on Part 2. The dicta of the Supreme Court in King Salmon have kept us alert in that regard.

[377] Correct iwi description in line 3. Amend as follows:

(…) the Harbour is important to Ngāti Whātua Ōrākei (…)


(…) Te Kawerau ā Maki ā Maki (…)


The WAI 8 Report acknowledged saw that breach of Treaty principles.


So too, in NZTA's submission, was the development of a plan to treat the discharge of untreated stormwater flowing into the Māngere Inlet (…)

[404] Correct iwi description in second sentence for consistency. Amend as follows:

It lists sites of significance to Te Kawerau ā Maki within the Proposal area.

[411] Suggest amendment for clarity. Amend as follows:

(…) in this area and this "is particularly demonstrated in the assessment (…)

[411] Correct typographical error, footnote 205 is missing. Insert footnote 205 as follows:

Ibid.

[417] Suggested amendment to cross-reference in Footnote 213. Suggest amendments as follows:

At para [755] of this Report. s [420] and [455].]

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[418] Correct minor error in first sentence. Amend as follows:

incorporate Mana Whenua values into design (…)


Cross reference Paragraph [431] of this Report.

[441](b) Correct minor error, one of the land use consents has been incorrectly recorded as a discharge permit.

Amend as follows:

(b) Seven Eight land use consents (…)

[441](e) Correct minor error, one of the land use consents has been incorrectly recorded as a discharge permit.

Amend as follows:

(e) Six Five discharge permits.


(…) then apply the s104D and s104(1) to that analysis.

[449] Correct minor error. The text of paragraph 449 states that the table contains the areas of reclamation and occupation associated with "these activities" which are the activities in the preceding paragraph. These activities include the bridges within Ōtāhuhu Creek, but the table does not.

Insert the relevant table "Occupation/Reclamation Areas – Ōtāhuhu Creek" from sheet AEE-CMA-111 of Plan Set 5 – Coastal Occupation.

[449] Correct minor error in Footnote 226. Footnote 226 refers to the Landscape Plan Set but it should refer to the Coastal Occupation Plan Set.

Delete the reference to Plan Set 4 and insert the following:

Plan Set 5 – Coastal Occupation, Drawings AEE-CMA–101 – AEE-CMA–111.

[461] Correct cross-reference in first sentence. Amend as follows:

Dr Patterson confirmed that in the past Ngāti Whātua Ōrākei have supported reclamation.

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[462] Correct description of iwi for consistency.

Also suggest amendments for clarity.

Amend as follows:

For instance, the Board notes that Ngāti Whātua Ōrākei supported the reclamation of the Manukau Harbour, which led to the Taumanu Reserve.

[470] Correct minor error in second sentence. Amend as follows:

SheHe stated that the wrybill has a global population of (…)

[474] Correct formatting error. Amend paragraph so it is formatted as a quote.


[489] Correct formatting error. Amend as follows:

In the JWS for sStormwater (…)


(…) parties to the JWS Report for sStormwater (…)

[490](a) Correct typographical error in Footnote 278. Amend as follows:

This was also agreed in in principle (…)


(…) and Sarna O'Connor Sanna O'Conner, who was (…)

[499] Correct cross-reference error in last sentence. Amend as follows:

(…)issue in later in this section at paragraph [477] onwards. decision.


The Background of Chapter D10 D17 of the AUP:OP (…)

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The proposed footprint reclamation footprint extends into the "eExtent of pPlace" associated with Waikaraka Cemetery (…)

[520] Suggested amendment to cross-reference in first sentence. Amend as follows:

(…) and is addressed in sections [14.8] [15.2] and [15.3] of this Report.

[527] Suggest minor amendment to first sentence for clarity. Amend as follows:

The Board accepts that the reclamation design has been an integratedinteractive, multidisciplinary process.

[528] Suggest amendments to second sentence for clarity. Amend as follows:

Even if they exist some, albeit limited, opportunities exist for retrofitting of treatment devices, (…)

[529] Correct typographical error in fourth sentence. Amend as follows:

(…) will reduce leachate from form the Galway Street landfill."


(…) was received from Ngāti Whātua Ōrākei, and Te Kawerau ā Maki and (….)

[546] Suggest minor amendment for clarity. Amend as follows:

(…) the cultural effects of this activity can be appropriately managed during over construction.

[548] Correct minor error in Footnote 336. Amend as follows:

Transcript, Hewison Priestley, (…)

BF\57460450\8 | Page 20



[552] Correct typographical errors. Amend as follows:

NZTA proposes is to restore to some extent the natural channel of Ōtāhuhu Creek where it is crossed by SH1 by removing the box culverts and replacing them with the bridges.

[554] Suggest amendments because the biofiltration and wetland devices are not within the NoR1 area.

Amend as follows:

(…) but excludes the Sector 2 for NoR1 reclamation wetland and biofiltration devices.

[556] Correct minor error in second sentence. Amend as follows:

However, two three specific matters (…)

[562] Correct omission – a heading is missing before paragraph 562 to introduce a new topic.

Insert new heading before para [562] as follows:

Stained discharges from stormwater pipe near Sea Scout building


(…) addressed fromonon paragraph [557] onwards (…)


(…)section [15.3 15.4]

[586] Suggest minor amendment in first sentence for clarity. Amend as follows:

(…) and habitat enhancement measures from 10 ha to 30ha. and NZTA has also updated the certainty of implementation of various measures (…)

[593](a) Correct typographical error. Amend as follows:

(…) and protection of other roosts roots around the Manukau.

BF\57460450\8 | Page 21





(…) mitigate or off-setoffset effects (…)

[608] Correct minor error. Amend as follows:

Dr Bishop questioned the viability of the proposed salt marsh restoration trial (…)

[615] Suggest amendment to first sentence to clarify what timeframe is being referred to.

Amend as follows:

Maintaining the planting and ecological mitigation beyond that timeframe 10 years is not justified based on Ms Myers’ evidence.

[617] Correct minor error in last sentence for clarity. Amend as follows:

(…) extending the management period for those areas in is direct mitigation for terrestrial (…)

[623] Correct formatting error in Footnote 392. Amend as follows:

(…) paras s10.8 and 10.9.

[627] Suggested amendment to cross-reference in first sentence. Amend as follows:

Later in section [15.12] [14.8] of this Report (…)


The Board is satisfied that given the contribution the significant contribution that the Penrose-Mt Wellington area makes (…)

[633](b) Suggested amendment for completeness.

This section of the draft decision analyses the Proposal against Policy F2.2.3(1) including whether there are no practicable

Add an additional sentence to subparagraph (b) as follows:

The Board accepts that in refining the EWL alignment, NZTA has sought to balance a range of effects, including ecological business disruption,

BF\57460450\8 | Page 22



alternatives to the activity. The Board records its conclusion that there is no practicable alternative to the route the Transport Agency proposes. However, this section of the policy analysis does not refer to the Board’s later finding at paragraph [1377] that there is also no practicable alternative method of providing for the stormwater treatment for the catchment, or to the findings at [498] about there being no opportunities for wider catchment treatment. Suggest minor addition to this paragraph to link both aspects of the proposal with that limb of the policy for completeness.

cultural and social. In turn that alignment has necessitated mitigation in the general form and scale of that proposed. In addition, the Board considers there is no practicable alternative method of treating stormwater from the catchment.

[633](c) Suggested amendment to cross-reference. Amend as follows:

As discussed in section [11.2] [14.2] (…)

[651] Suggest amendment for consistency with policy wording. The last sentence of paragraph [651] appears to contain an error since it refers to habitat that is at the limit of its natural range. This should refer to avifauna that is at the limit of its natural range in order to be consistent with the Policy D9.3(9)(a)(ii).

Amend last sentence of paragraph to say:

(…)The same caution applies to clause D9.3(9)(a)(ii), as no evidence suggested that the avifauna habitat that is impacted by the Proposal is naturally rare or the avifauna impacted by the Proposal is at the limit of their natural range or are naturally rare.

[652] It is implicit from the Board's conclusion in this paragraph that it has considered a wider range of policy considerations in reaching this conclusion (for example, D9 Policy 1, D9 Policy 8, and the E26 Infrastructure policies which are discussed elsewhere in relation to Anns Creek East in the Draft Decision). The Transport Agency suggests the addition of a footnote to those policy references for completeness.

Insert a new footnote at the end of [652] which states:

In reaching this conclusion the Board has considered a range of relevant objectives and policies which we have discussed elsewhere in the Report, for example D9 Policy 1 at [212], D9 Policy 8 at [710], and the E26 Infrastructure policies at [726] – [727].

BF\57460450\8 | Page 23



[652] Correct typographical error in second sentence. Amend as follows:

(…) and includesing the fact that the proposed alignment encroaches into the Mercury site.

[655] Correct typographical errors in fifth sentence. Amend as follows:

Notwithstanding the opposition in principle submitted by Ngāti Whātua Ōrākei, and Te Kawerau ā Maki and Ngāti TeTe Ata Waiohua (…)

[656] Correct typographical errors in first sentence. Amend as follows:

Policy F2.2.3(2) engages the provisions of Chapter D10 with respect to mapped ONFs. (…) and particularly notes that reclamation does not extent extend into a mapped extent of an ONF.


(…) the Board found that the adverse effects of that the EWL will have on views and amenity (…)

[664] (a) – (d) Correct typographical error – each sub-paragraph in (a) – (d) needs a closed bracket at the end of the sentence.

Amend as per comment.

[668] Correct incomplete cross-reference in Footnote 401. Amend as follows:

Akaroa Civic Trust v Christchurch City Council [2010] NZEnvC 110.


(…) it relies on the boarder broader planning (…)


(…) nether neither individually nor cumulatively do those infringements (…)

BF\57460450\8 | Page 24



[677] Correct punctuation (delete extra full stop). Amend as follows:

No other regulations have been identified as relevant to this Proposal. .

[679] Correct punctuation in last sentence of quote (delete extra full stop).

Amend as follows:

(…) resulting from the discharge would be avoided." .

[682] Suggest minor amendment for clarity. Amend as follows:

(…) the Board does not find any policy conflict, and indeed, finds a level of policy support.


In addition to the NZCPS, under s10 of the HGMP Act (…)


(…) provides the regional policy provisions of the AUP:OP (…)

[692] Correct minor error in second sentence – the reference to the coastal plan being submitted to the Minister for the Environment should be the Minister of Conservation.

Amend as follows:

Based on the resulting amendment submitted to the Minister of Conservation for the Environment (…)

[700] Suggest minor amendment in first sentence for clarity. Amend as follows:

As already addressed, in our consideration of alternatives and under s104D, the key planning elements engaged (…)

[714] Correct typographical errors in last sentence. Amend as follows:

But as discussed in sectionsection [14.2] of this Report (…) will result in a change in sedimentation patterns and rates rather than a reduction,.

BF\57460450\8 | Page 25




To the extent necessary that the relevant provisions (…) have not already been addressed, the Board does so succinctly below.


(…) who presented evidence at to the Hearing, (…)

[724] Suggest minor amendment for clarity of meaning Amend the second sentence as follows:

(…)The proposal alignment will slightly encroach on the extent of place for the Cemetery, and it is common ground that views from, and amenity within, the cemetery will be adversely affected, as discussed in section [14.2] of this Report.


Statement of Primary Evidence, Coombes Ibid, para 11.48.

[747] – [787] Suggest relocation of Section 14.8 to better reflect its content. This section of the decision outlines the Board's findings with respect to Mana Whenua Part 2 matters. It is currently located in Part 14 of the decision which deals with the resource consent applications only. However, both the Board's analysis and conclusions in this section relate the NoRs and consents. A more appropriate location for this section could be Section 17: Overall judgement.

Suggest relocation of Section 14.8 of the decision to Section 17: Overall judgement.

[747] Suggest minor amendments to first sentence for clarity. Amend as follows:

Consistent with the Board's earlier comments, regarding Part 2 (in particular ss6(e), 7(a) and 8) deals collectively with Māori considerations and their cultural and spiritual values.

BF\57460450\8 | Page 26



[754] Correct formatting error in Footnote 436. Amend as follows:

Ibid, para 14(a). )


This refers to various changes the Board has made of its own volition to reflect cogent issues raised.


In terms of the MACA Takutai Moana Act (…)

[777] Suggested amendment to cross-reference and typographical error in Footnote 454.

Amend as follows:

Paras [379] [409] and [410] of this Report [381].

[778] Suggested amendment to cross-reference in Footnote 455. Amend as follows:

Para [415] of this Report [383].


Para [418] of this Report [386].


Ibid at Mulligan submissions, para 8.34(b).


(…) and their ability to exercise it, or the extent to which recommending approval might frustrate that ability.

[790] Correct formatting error. Remove all bold and underline from text in paragraph.

BF\57460450\8 | Page 27



[796](e) Correct typographical error. Amend as follows:

(…) ramps to Princes Street (…)

[797] Correct minor error in description of Figure 4. Amend as follows:

Figure 4: Sector map of the EWL (map from site visits during the Hearing). (from page 59 of the AEE).

[801] Correct minor omission. Amend as follows:

(…) will have a significant effect on the environment. There is no dispute (…)

[804] and [805] Suggest reordering of text for clarity on the timing of option development. These paragraphs discuss some of the options put forward by the OBA, including the OBA Option and the Community Plan. These options were developed in late 2016 and 2017. However, the previous paragraphs discuss the process the Transport Agency used to develop and consider the Long List of Options and then identify a Short List of six options. This occurred in 2014 and 2015. Paragraphs [806 – 808] describe some of the factors that the Transport Agency used to choose Option F from the Short List. This occurred in 2015. Paragraphs [804] and [805] are therefore out of chronological order and, in their current location, could give an inaccurate impression of when the OBA Option and Community Plan were developed and considered by the Transport Agency.

Relocate paragraphs [804] and [805] to after [809]

[806](b) Suggest amendment for clarity. Amend as follow:

(…) (b) There was sSupport for walking and cycling (…)

BF\57460450\8 | Page 28




(…) has extended its consideration (…)

[810] Correct typographical errors in third sentence. Amend as follows: (...) preferred option. considering (achieved in part through ) s171 It is apparent (…)


This sector terminates east of the Galway Street intersection (…)

[822](d) Correct minor error. Amend as follows:

Onehunga Aotea (…)

[826] Correct punctuation (missing full stop). Amend as follows:

(…) the physical qualities of Te Hōpua a Rangi.

[827] Correct punctuation in first sentence (missing full stop). Amend as follows:

(…) feature …".

[830] Correct iwi description for consistency. Amend as follows:

(…) and Te Kawerau ā Maki Iwi Tribal Authority (…)


Mr Enright submitted that (…)


Enright, Closing subs, para 14(h).)).))

BF\57460450\8 | Page 29




(…)He She sought(…)

[836] Correct iwi description in second sentence for consistency. Amend as follows:

(…) the views of Ngāti Whātua Ōrākei and Te Kawerau ā Maki Iwi Tribal Authority (…)


Para [310] and [823][287] and [586].

[837] Correct typographical error in first sentence (remove hyphen between "m" and "wide").

Amend as follows:

The application provided for a 3 m- wide shared pathway (…)

[856] Correct typographical errors in Footnote 525. Amend as follows:

Transcript, Matthews, p1694.

[861] Suggest amendment to fourth sentence for clarity. Amend as follows:

(…) and such dispensations were only granted infrequently.

[862] Suggest amendments to cross-reference for consistency. Amend as follows:

(…) Grid Performance with Transpower New Zealand Limited (…)

[862] Correct cross-reference in Footnote 530 for clarity and consistency.

Amend as follows:

Transcript, Noble, p 4843 to 4844. 23 August 2017, page 4843, line 28 to page 4844, line 30.

[875](c) Correct typographical error in last sentence of sub-paragraph. Amend as follows:

(…) desirable to find a better alignment (…)

BF\57460450\8 | Page 30




(…) under section s176s176s176(1)(b) of the RMA.



NZTA's proposed financial compensation (…)


(…) by 13m to 18m n during construction (…)

[910] Suggest amendments to last sentence for clarity. Amend as follows:

(…) that would resolve matters, with NZTA working to relocate the heliport. and aAs a result Heliport withdrew from the proceedings.

[911] Suggest amendments to first sentence for clarity. Amend as follows:

Ward Demolition's site is accessed from Miami Parade, and will about abut the Proposal and is affected by the NoR.


(...) addressed in the Board's consideration (…)


(…) which warps wraps around the western and southern side (…)

[919] Correct punctuation in fourth sentence (missing full stop). Amend as follows:

(…) addressed in section [14.2] of this Report.

BF\57460450\8 | Page 31




NZTA has proposed that a portion of the designation to be a "construction restriction area" to limit the effects (…)

[921] Suggest correction for accuracy. The Draft Decision states that “The Board has noted that further work is required to better define the limits of this area [the construction restriction area in Anns Creek]”. This is incorrect as the limits of the construction restriction area have been prepared on the basis of a surveyed map of the lava flows and vegetation types in Anns Creek East. There is no further work required and the relevant map of the construction restriction area has been incorporated into the conditions (see conditions DC.15B and EM.C)

Delete the second to last sentence as follows:

(…) The Board has noted that further work is required to better define the limits of this area (…)


Ibid Statement of Primary Evidence, De Luca, Table 7.


The TR Group partially supported the EWL (…) it wanted the viaduct moved south to minimise impacts on (…)


Ibid Statement of Primary Evidence, Nancekivell, para 15.74 to 15.77


Ibid Statement of Primary Evidence, Bishop, para 9(a).


Ibid Statement of Primary Evidence, Bishop, para 8.5.

BF\57460450\8 | Page 32




Statement of Primary Evidence, 10 May 2017Ibid, para 7.20.


Ibid Statement of Primary Evidence, Gouge, para 13.71.

[954] Correct typographical errors in first sentence. Amend as follows:

The JWS forfor eEcology discussed (…)


Dr De Luca referred to Dr Bishop's concerns were about (…)

[967] Suggest removing second sentence as it is repeated in following sentence.

Amend as follows:

(…)The AUP requires such offset to be demonstrably additional. He referred to the submissions of Mr Anderson, for the Royal Forest and Bird Protection Society, that the AUP requires such offset to be demonstrably additional.(…)

[971] Correct typographical error in fifth sentence. Amend as follows:

The aAdditions to the mitigation and off-sets were (…)

[978] Correct cross-reference in Footnote 603 for consistency. Amend as follows:

Transcript, 13 July 2015 Myers, page 1518.

[983] Correct omission in footnotes. Footnotes 604 and 605 are missing.

Insert footnotes as follows:

604 Transcript, Lovegrove, 1 August 2017, page 2875.

605 Transcript, Lovegrove, 1 August 2017, page 2875.

BF\57460450\8 | Page 33



[984] Correct omission in footnotes. Footnotes 606 and 607 are missing.

Insert footnotes as follows:

604 Transcript, Myers, 13 July 2017, 1546-1547.

605 Transcript, Bishop, 1 August 2017, page 2872.


At no stage during the Hearing has TRG Group (…)


(…) other national grid assets, a decommissioned high-pressure gas line (…)


(…) but the output of the JWSJWS Report was inconclusive.

[995](b) Correct typographical error in last sentence of subparagraph. Amend as follows:

(…) would need approval form from Auckland Council;

[1106] This paragraph discusses the draft condition related to monitoring of traffic effects as circulated by the Transport Agency on 22 August 2017. The condition was requested by the Board in order to respond to the matters raised by Kiwi Property Group. The Transport Agency never accepted that such a condition was necessary or appropriate and this was outlined in the memorandum of counsel that included the draft condition. The Transport Agency’s position did not change during the course of the hearing as implied by paragraph [1106]

Amend the final sentence of paragraph [1106] as follows:

(…) However, NZTA subsequently advised the Board that it remains in opposition to the imposition of such a condition.

BF\57460450\8 | Page 34




Recruit and train of operators;

[1013] Correct minor error for clarity. Amend as follows:

The period necessary for reconnecting the First Gas supply and recruiting staff supply was disputed by NZTA.

[1015](d) Correct typographical error. Amend as follows:

(…) construction of the EWLEWL (…)


Transcript, Nobel Noble, p 4878.


Ibid Transcript, Nobel, p 4877.


Ibid Transcript, Nobel, p 4870.


Having carefully considered the evidence, the Board accepts (…)


(…) NZTA's air quality witness (…)


Southdown Expert Site Expert Conference (…)

BF\57460450\8 | Page 35



[1028] Correct typographical errors in second sentence. Amend as follows:

These matters where were directly addressed at the Southdown Expert Site Expert Conference (…)


(…) rather than cumulatively risk.

[1043] Correct punctuation in last sentence. Amend as follows:

(…) is permanently decommissioned) and (…)


(…) mentioned in para [279] [280] of this Report.


In summary, the Board finds in relation to Sector 3 (…)

[1054](f) Correct typographical error. Amend as follows:

New south-facing ramps on toonto and off (….)


(…) on SH1 to get on toonto the Main Alignment (…)


(…) to get on toonto SH1 to travel south; (…)

[1066] Correct punctuation. Amend as follows:

(…) Park Town Centre; '

BF\57460450\8 | Page 36




(…) in relation to their location and nature of this diversion;


Ibid Closing Submissions, Mulligan, para 19.28.

[1089] Correct typographical errors in last sentence. Amend as follows:

They asked that such vehicular access should be formalised (…) out of the Ssite (…)


(…) which will provide mitigate the effects (…)


(…) that they were practical or safety.


(…) Auckland Transport may, and at a future time, (…)

[1093] Correct typographical error in first sentence for clarity. Amend as follows:

As Mr Allan pointed out (…)


(…) even NZTA's engineer, Mr Nancekiwell Nancekivell acknowledged (…)

[1119] Correct formatting error in the last sentence. Amend as follows:

(…) Construction Vibration mManagement Plan (…)

BF\57460450\8 | Page 37



[1121] Correct typographical error in the first sentence. Amend as follows:

In summary, the Board finds in relation to (…)


(…) implement the u-turn have been imposed (…)

[1121](f) Suggest amendments for clarity. Amend as follows:

Kiwi's issues have been addressed by 'side' agreement with Auckland Transport;


(…) ramps and disruption to SH1 SH1SH1 traffic.

[1138] Correct typographical error at start of second sentence. Amend as follows:

(...) SH1 At Princes Street, (…)

[1143] Suggest minor text correction for accuracy.

Amend second sentence of this paragraph to refer to the "proposed" stormwater system for Sector 5. As explained in the preceding sentence, modification to the existing system is proposed which means that the current system is to be upgraded (i.e. is not adequate for the purposes of this Proposal).

Amend as follows:

The widening of SH1 and the creation of an extra carriageway will require some modification of the motorway’s current drainage system. The current proposed stormwater drainage and treatment system in Sector 5 is adequate.

[1151] Correct reference to NOR 1 in first sentence of this paragraph. Sector 5 of the Proposal in covered by NOR 2.

Amend as follows:

In summary, the Board finds in relation to Sector 5 – SH1 to Princes Street of NoR12 that (…)

BF\57460450\8 | Page 38



[1169] Amend formatting error. The quote in this paragraph should end at Footnote 746, with a new paragraph following.

Amend as follows:

(…) in this part of Penrose/Onehunga.”746

[xx] He opined that “without a full public road (…)

[1169] Amend cross-reference error in Footnote 745. Amend by moving Footnote 745 to the end of quote as follows:

(…) will not contribute to the efficient distribution of freight within Auckland.”[insert footnote 745]


In summary, the Board finds in relation to (…)


(…) Mangere Inlet (…)


(…) will be generally be 3m (…)


She referred to the positive effects of "the walking (…)


(…) proposed by NZTA in in condition DC.11(b) (…)


(…) insufficient upgraded connections with other parts of the road network.

BF\57460450\8 | Page 39



[1204](a) Correct punctuation. Amend as follows:

(…) require relocation / /replacement prior to (…)


Ibid NZTA AEE, Section 7.1, p81 (…)


Section 6.1 of this Report, from para 37 127.


Long-term functions of (…)

[1224] Suggested amendment to cross-reference. Amend as follows:

These concerns are addressed in greater detail throughout section [14.8] [15.4] of this Report.


These are addressed in the relevant sections within section [14.8] [15.4] of this Report.


(…) looped into the management plan process [Condition CS.2]."]."


Elsewhere in this Report in section [12.2] onwards we have set out (…)


(…) there is only really one spot to move to, to that will ensure the residual health and safety effects were acceptable (…)

BF\57460450\8 | Page 40




(…) route selection, and importantly, that there (…)


(…) views from, and amenity within, the cemetery (…)

[1293] Correct minor error. This paragraph appears to be inconsistent with the earlier conclusions of the Board in relation to historic heritage at paragraphs [659] and [726].

Amend as follows:

It follows that the Board finds a high level of inconsistency with the objectives and policies of D17.

[1294] Suggested amendment to cross-references. Amend as follows:

(…) is provided in sections [14.2] [13] and [15.3] [14.8] of this Report.


Ms Coombes conceded that that would be (…)


Ports of Auckland submitted that the proposed construction of the Port Link Road (…)


NZTA's chosen alternative for a corridor was to be the corridor of Option F.


(…) that the preferred alignment (o Option F) had (…)

[1324] Suggest minor amendment to accurately reflect evidence. When the Transport Agency selected Option F as the Preferred Corridor in 2015, the route traversed the northern part of the Mercury site

Amend paragraph as follows:

(…) As will be apparent elsewhere in this Report, Mercury's stance at

BF\57460450\8 | Page 41



(now occupied by the Solar Research and Development Centre). In that location Option F was not proximate to the Southdown Power Station (see rebuttal evidence of Amelia Linzey on Alternatives, 20 June 2017, paragraph 9.3). So, the Transport Agency's view that there would not be any serious safety considerations for the power station was based both on the assumption that it was to be mothballed and its location relative to the Corridor, at that point in time.

the Board's Hearing was certainly not apparent to NZTA when it selected Option F as its preferred corridor alignment. Though NZTA may have assumed when it made its Option F selection that the Mercury power station would be mothballed (which it was) and combined with the location of Option F to the north of the Mercury site that there would not be any serious safety considerations flowing from the power station's proximity to the EWL,(…)


(…) in section [10.1] and para [1048] of this Report.

[1332] Correct minor error. Matter addressed earlier in Draft Report. Amend as follows:

We return to this addressed this in section [15.7] of this Report.


(…) purposes of meeting s171(1)(c)) of the RMA.


(…) established by Auckland Council (and the and Auckland Transport and NZTA to varying extents).

[1344] Suggested amendment to cross-references. Amend as follows:

These are addressed in [14.8] sections [8], [15.2] and [15.8] of this Report.

BF\57460450\8 | Page 42



Section 16

[1346] – [1348]

Drafting note: to the extent that the Board adopts any of the suggested amendments made by the Transport Agency with respect to the Board's amended conditions it is noted for completeness that any such text changes will need to be replicated in the tables located in this part of the decision.

Amend the text of the tables to reflect any further changes adopted to the conditions in response to the Agency's comments on the draft decision version of the conditions, which follow later in this table (see Annexure C)


Those and other minor additions are and amendments are summarized (…)

[1347] Correct typographical error in condition DC.10 "Reason" column. Amend as follows:

(…) as it is the intent of the relevant conditions.

[1347] Table 1, CS.3

Correct typographical error in condition CS.3 "Reason" column. Amend as follows:

(…) that is distinct form from Onehunga hHarbour Road.

[1347] Table 1, CL.12

Correct typographical error in condition CL.12 "Reason" column. Amend as follows:

(…) that Council play's in the (…)

[1347] Table 1, L.2 Correct typographical error in condition L.2 "Reason" column. Amend as follows:

(…) that Council play's in the (…)

[1349] Suggest replacing section reference to section 184 which specifically deals with lapse dates of designations.

Amend as follows:

(…) and in accordance with s175 s184 of the RMA (…)

[1349] Correct minor omission at end of last sentence (incomplete sentence).

Amend as follows:

The Board has no issue with the lapse periods sought.

BF\57460450\8 | Page 43




(…) provided in its closing statement (…)


(…) grant the various resource consents that NZTANZTA requires (…)


(…) for directing a Board of Inquiry (inquiry (s149P(1)(a)) (…)


(…) foreshore of the Mangere I Inlet (…)

[1365] Suggested amendments to cross-references in Footnote 834. Amend as follows:

See section [14.8] [14.2] – [14.7] and in particular sections [15.11] – [15.13] [15.2] – [15.9].


In section [14.8] [15] we focus on (…)

[1374] Suggested amendments to cross-references in Footnote 838. Amend as follows:

Chapters [9], and [14.8] [14] and [15] and in particular sections [15.12] – [15.13].


Section [14.1][14.3].


(…) in question, and subject to the designation, was (…)

BF\57460450\8 | Page 44



[1382] Suggested amendments to cross-references. Amend as follows:

We have dealt fully with this later in in section [14.2] and [14.8] the objections (…)

[1382] Correct iwi descriptions in second sentence for consistency. Amend as follows:

(…) objections and opposition advanced by Ngāti Whātua Ōrākei, and Te Kawerau ā Maki and Te Ākitai Waiohua.


(…) in accordance with the provisions of the AUP:OP.


(…) have been identified in chapters [0] and [14.8] [14] and [15] of this Report.


(…) relevant parts of chapters [0] and [14.8] [14] and [15], has (…).

[1406] Suggest amendments to total number of consents referred to, as it does not match the number of consents sought by the Transport Agency and referred to in the consents index in Volume 3 of the Board's decision.

Amend as follows:

(…) (eight nine land use consents, four coastal permits, six water permits and sixfive discharge permits) (…)

BF\57460450\8 | Page 45

ANNEXURE B – COMMENTS BY THE NZ TRANSPORT AGENCY ON THE APPENDICES (VOLUME TWO)

Draft Report Appendices Reference


Appendices (General)

Request that page numbers are added to Volume 2 to assist with reading/referencing.

Include page numbers in Volume 2: Appendices.

Appendix 1 Correct typographical error. Amend as follows:

Mt Mr Paykel

Appendix 1 Correct title of Ms Linzey's evidence. Amend as follows:

Social Issues Impact

Appendix 1 Correct scope of Mr Murray's evidence. Below Traffic and Transportation add:

Walking and Cycling

Appendix 1 Correct title of Mr Baird's evidence Amend as follows:

Registered Architect Industrial Architecture

Appendix 1 Correct omission. Mr Gliddon has been omitted from the list of the Transport Agency witnesses.

Add Mr Gliddon, Topic Highways Manager for Auckland and Northland, to the list of witnesses who appeared for the Transport Agency.

Appendix 1 Correct omission. Ms Hancock has been omitted from the list of the Transport Agency's witnesses.

Add Ms Hancock, Topic Urban Design, to the list of witnesses who appeared for the Transport Agency

Appendix 1 Correct error in the list of Transport Agency's witnesses, Liam Winter was an Auckland Transport witness.

Remove Liam Winter as a Transport Agency witness, and insert his name in as an Auckland Transport witness.

BF\57460450\8 | Page 46



Appendix 1 Correction to title of submitters who provided evidence to clarify that this list only comprises those submitters who presented evidence at the hearing.

Amend title of table as follows:

Submitters – the following submitters provided evidence at the hearing:

Appendix 1, Correct omission. Mr Marler has been omitted from the list of the Auckland Council's witnesses.

Add Mr Marler, Topic Panuku-Corporate as an Auckland Council witness.

Appendix 1 Correct omission. Mr Norman has been omitted from the list of the Auckland Council's witnesses.

Add Mr Norman, Topic Economics, as an Auckland Council witness.

Appendix 1 Correct omission. Ms Sosene has been omitted from the list of the Auckland Council witnesses.

Add Ms Sosene, Topic Mangere-Otahuhu Local Board, as an Auckland Council witness.

Appendix 1 Correct typographical error. Amend as follows:

Mr Diver (on behalf of Mr Ms Bartley)

Appendix 1 Correction of evidence topic for Mr R Noble (Transpower). Amend as follows:

Risk Lines and Substations

Appendix 1 Correct omission. Mr Curtin's evidence for The Campaign for Better Transport has been omitted.

Add Mr Curtin, Topic Economics as a witness for the Campaign for Better Transport.

Appendix 1 Correct categorisation of submitters and evidence as representations. A number of submitters who presented evidence at the hearing have been not been included in the table which provides for this and have been recorded as making representations. These submitters are:

• Ward Demolition (evidence of Mr Marx, Construction);

• Mr Bates (Self, General);

Add these submitters and their evidence to the table currently titled "Submitters – the following submitters provided evidence" and make corresponding deletions from the table titled "Submitters – the following submitters made representations".

BF\57460450\8 | Page 47



• EB Kirk (Self, General);

• Jackson Electrical Industries Limited (evidence of Mr McKenzie, Traffic and Mr Jackson, Corporate);

• The Local Lockup (evidence of Mr Palmer, Corporate);

• Chamko Holdings (evidence of Mr Morris, General); and

• Roskill Community Voice (evidence of Mr Holm, General).

Appendix 1 Correct omission. Ms Wilson's representation on behalf of Te Akitai Waiohua Waka Taua has been omitted.

Add Ms Wilson's representation of behalf of Te Akitai Waiohua Waka Taua.

Appendix 2 Correct minor error in the description of resource consent application number NSP38/010 (RC5), amend the wording of the description of the activity to match the wording in the AEE (pages 36 – 39).

Amend as follows:

The works will include reclamation, depositing of material in the CMA, disposal of waste or other matter in the CMA including dredged material, CMA disturbance, dredging for the purpose of relocating the Anns Creek tidal channel and within the Project footprint, vegetation alteration/removal (including mangroves), damming or impoundment of coastal water, taking, use or diversion of coastal water, parking on CMA structures, vehicle use of the foreshore and seabed, demolition or removal of any CMA structures, temporary CMA structures, temporary construction activities, planting of native vegetation, .underwater impact and vibratory piling.

Appendix 2 Correct minor error in the description of resource consent application number NSP38/025 (RC20), amend the wording of the description of the activity to match the wording in the AEE (pages 36 – 39).

Amend as follows:

Diversion and discharges of stormwater from new permanent impervious surfaces and existing state highways impervious surfaces to land, freshwater and coastal water from State Highway 1 between the Mt

BF\57460450\8 | Page 48



Wellington Highway and the Princes Street Interchange, the EWL Main Alignment main alignment, walking and cycling facilities and new and altered existing local roads.

Appendix 2, see also paragraph [31](c) of the Draft Report

The list of resource consents applied for in Appendix 2 has omitted to include the additional regional land use consent sought by the Transport Agency for the operation of the concrete batching plant as an Industrial or Trade Activity under the AUP:OP. This consent is referred to in paragraph [31] (c) of the Draft Report.

Add a new line to the resource consent table:

NSP38/026, Land use (regional), Operation of a temporary concrete batching plant for construction activities.

Appendix 3 Correction to title of second table called Drawings. Amend table name as follows:

Drawings Urban and Landscape Design

Appendix 9 Correct omission. Cultural Values Report is not listed in the reports provided to the Board.

Add the Cultural Values Report to the table titled "Documents (including images and videos)".

Appendix 9 Correct Omission. Photos and videos presented by Carol-Anne Armitage on hearing day 42 have been omitted from the table titled "Documents (including images and videos)".

Add the photos and videos presented by Ms Armitage to the table titled "Documents (including images and videos)".

Appendix 9 Minor correction. Exhibits 003 to 008.2 for the Transport Agency were presented on hearing day 10 not hearing day 9.

Correct hearing date for Exhibits 003 to 008.2.

Appendix 9 Minor correction. Exhibits P and Q were presented on hearing day 29 not hearing day 28.

Correct hearing date for Exhibits P and Q.

Appendix 10, see also paragraphs [215] and [719] of

Suggest minor amendments to ensure consistency between the Draft Report and Appendix 10. Integration corrections and omissions. Content of Appendix 10 does not reflect the references to this appendix in the Draft Report at paragraphs

Include relevant E18 objectives and policies in Appendix 10. Include any other relevant provision from the Legacy Regional Coastal Plan and Unitary Plan.

BF\57460450\8 | Page 49



the Draft Report. [215] and [719]. In particular:

• No relevant objectives and policies from E18 have been provided (as stated in paragraph [719] of the Draft Report);

• References back to Legacy Regional Coastal Plan and Unitary Plan provisions at [1416], [1417], [1418], [1421] and [1422] are redundant.

Consider further changes to the wording of the Draft Report at paragraphs 215 and 719 and to the content of Appendix 10 to improve integration.

Appendix 10 Formatting correction. Paragraph numbering starts from [1407] and is inconsistent with the formatting of other Appendices.

Remove paragraph numbers. Delete paragraph [1420].

Appendix 13 Minor formatting change to Ward Demolition. Amend as follows:

715m22 permanent and 99m22 temporary land requirement.

BF\57460450\8 | Page 50

ANNEXURE C - COMMENTS BY THE TRANSPORT AGENCY ON THE CONDITIONS (VOLUME THREE)

Condition number Comments on minor or technical aspects of the Draft Report NZTA's suggested amendments (shown as underlining for additions and strikethrough for deletions)

Conditions (General) Page numbers missing in Volume 3. Include page numbers in Volume 3: Conditions.

Table of Contents

Suggest amendment to the Table of Contents for clarity/consistency. The Table of Contents includes a breakdown

of the specific categories of resource consent conditions (i.e.

MW, CL, E etc) with relevant page references. We suggest using a similar format for the designation conditions in the Table

of Contents.

Amend the Table of Contents to include a breakdown of the specific type

of designation conditions (i.e. CS, ROS etc), along with relevant page

references.

Appendix 6 to this table contains the suggested amendments to the

Table of Contents.

Table of Contents

In order to provide clarity and certainty on the version of the drawings/plans referred to in the final set of conditions for the

Project, two new appendices are proposed. The first appendix

(Appendix 1) contains a full list of the drawings referred to in the designation conditions (including the list in general condition

DC.1) as well as including copies of three specific drawings that

are referred to in the conditions as provided at the close of the hearing. The second appendix (Appendix 2) contains a full list

of the drawings referred to in the resource consent conditions

(including the list in general condition RC.1) as well as including copies of two specific drawings that are referred to in the

conditions as provided at the close of the hearing.

Add the following appendices to the Table of contents:

“Appendix 1: List of drawings referred to in the designation conditions

Appendix 2: List of drawings referred to in the resource consent

conditions”

And attach these two appendices to the conditions.

Index of designation

and resource consents – RC.8,

Suggest recording the lapse and expiry dates for each resource

consent and designation in this Index to provide clarity as to which applies, based on the Board's Draft Decision at

Include two new columns to the Index of Designation and Resource

Consents which identify the lapse and expiry date for the designations

and resource consents.

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RC.8AA, RC.8B,

RC.8BA

paragraphs [1349] – [1353].

Amend the General Condition references column to align with the lapse and expiry condition references in RC.8A, RC.8AA,

RC.8B and RC.8BA and correct the errors in the current cross-

references.

The identification of lapse and expiry dates is based on the

Board's Draft Decision (with the exception of RC13), and is as

follows:

• The designations have a 15 year lapse date;

• All construction activity related consents have a lapse date of

10 years and an expiry date of 15 years;

• The coastal occupation, works in watercourse, groundwater

diversion, damming, leachate and stormwater discharge

have a lapse date of 10 years and an expiry date of 35

years; and

• The reclamation components of the consents have an

unlimited duration.

In relation to RC13 (activities on new land to be created), the

Transport Agency proposes a lapse date of 15 years. As this

consent cannot be implemented until the reclamation authorised by the coastal permit is constructed, and the coastal permit has a

10 year lapse date, then it follows that the s89 land use consent

should have a longer lapse date than the relevant coastal permit.

Amend the General Condition references column to identify the relevant

lapse and expiry condition references.

Appendix 3 contains the requested amendments.

BF\57460450\8 | Page 52


It also ensures alignment with the designation.

Appendix 3 contains the Index of Designations and Resource

Consents with the requested amendments.

Index of Designation

and Resource

Consents

Amendments to align the resource consent descriptions in the

Index of Designation and Resource consents with the description

of activities in Table 5-2 of the Assessment of Effects on the

Environment Report and the Board’s draft decision:

• Add the geographical extent of the consent to RC1.

• With the removal of subtidal dredging from the proposal, the Transport Agency suggests that the wording accompanying

Consent RC.5 (2nd paragraph) is amended to clarify the

scope of dredging.

• Add additional text to RC10 which appears to be missing.

• Delete text from RC12.

• Remove reference to the project section in RC18. The remainder of the conditions do not identify/relate to sectors

and an alternative description could be used.

• Add reference to high use roads in RC21. This reflect the

reason for consent under the AUP:OP.

• Correct minor typographical errors in the Index.

Amend the consent description accompanying RC1 to read:

“Disturbance of contaminated soils undertaken project wide.”

Amend the consent description accompanying RC5 to read: “The works

will include …, CMA disturbance, dredging for the purpose of relocating

the Anns Creek tidal channel and within the Project footprint vegetation

alteration/removal…”

Amend the consent description accompanying RC10 to read:

“…Discharges of contaminants from construction activities across the full

extent of proposed works…”

Amend the consent description accompanying RC12 to read: “…with the

concrete batching facility within the construction yard proposed in

Waikaraka Park”.

Amend the consent description accompanying RC18 to read: “Dams

associated with the foreshore stormwater treatment wetlands and Miami

Stream in Sector 2.”

Amend RC20 to read: “Diversion and discharges of stormwater from

new permanent …”

Amend the consent description accompanying RC21 to read: “All new

impervious surfaces associated with high use roads within the Project

area.”

BF\57460450\8 | Page 53


Index of Designation

and Resource Consents – RC3,

RC4, RC5, RC.7,

RC14, RC16 and

Condition D.0.

Correct typographical error - the spelling of Anns Creek. Remove

the apostrophe. This applies throughout Volume 3.

Amend the spelling of Anns Creek from “Ann’s Creek” to “Anns Creek”.

Designation Definitions and

Resource Consent

Definitions

The term “Commencement of Construction” is used throughout

the designation and resource consent conditions. The Transport

Agency suggests that the definition is amended to clarify that the Commencement of Construction may also relate to the whole or

part of the Project. This is consistent with how the term

“Completion of Construction” is worded as well as a number of conditions that provide for the staging of works/documentation

including Condition DC.8, RC.9A and RC.10. The effect of this

amendment is that the pre-construction requirements for an area are triggered when works commence in that area but those

works do not trigger requirements in geographically separate

areas. For example, construction at Otāhuhu Creek will not trigger the pre-construction monitoring/documentation for the

coastal works in the Māngere Inlet (and vice versa).

Amend the definition of Commencement of Construction to read: “The

time when Construction Works for the Project (or part of the Project)

(excluding Site Investigations and Enabling Works) commence. This

excludesing Site Investigations and Enabling Works.“

Designation definitions - Anns

Creek East

Construction

Restriction Area

Amend the date of the drawing showing the Anns Creek East Construction Restriction Area and add a reference as to where

the drawing can be found.

Amend the definition of Anns Creek East Construction Restriction Area to read: “The area of land shown on the drawing titled Anns Creek East

Construction Restriction Area, dated April 31 March 2017 (located in

Appendix 1 of these conditions)”.

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Designation

definitions – TR

Group Site

The TR Group Site definitions are new and therefore the

Transport Agency suggests that the heading and introductory sentence are changed to red text. This comment may be

redundant if the final decision includes a clean version of the

conditions.

The Transport Agency suggests that a date is added to the

definition of “TR resource consents” to establish the consents at

a point in time to provide certainty for compliance purposes in

the event that the consents were varied at a later date.

Amend the definition of TR resource consents to read:

“Means the following resource consents held by TR Group as at

December 2017:...”

Condition DC.1 and

RC.1

Correct the reference to the Description of the Project part of the

Assessment of Effects on the Environment Report (AEE) in

Clause (a). This should be Part C rather than Part D.

Amend Clause (a) to read: “Part CD: Description of the Project in

Volume 1: Assessment of Effects on the Environment Report dated

December 2016;”.

Condition DC.1

The Transport Agency suggests adding an additional clause to

reference the final drawings updated through the hearing and a

new appendix which contains a full schedule of the drawings referred to in (b)(i) to (vi) with revision number to clearly record

those drawings that were updated through the hearing, and other

drawings that are referred to within the conditions. This will

ensure that the reader is working off the correct drawing.

Add new clause to read:

“(bb) Except as modified by the revised plans and plan sets presented at

the close of the BoI hearing which are listed in Appendix 1”.

Attach a schedule of drawings as an appendix to the conditions in

Volume 3 of the decision. A schedule is attached as Appendix 1 to this Table.

Condition DC.5(d)

Correct typographical error – Numbering of Clause (d). Amend Clause (d) to read:

“(d) (d) Give notice to the Manager in accordance with section 182 of the

RMA for the removal of those parts of the designation identified in (b)

and (c) above.”

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Condition DC.10

The additional text added to DC.10 could be read as implying

that the site specific management plans and other management plans required by the designation conditions form part of the

Outline Plan(s). With the exception of the management plans

listed in Condition DC.9, the site/activity specific management plans and other management plans, do not form part of the

Outline Plan(s). The process for approval/provision of those

plans is set out within the conditions relevant to that plan. The Transport Agency appreciates that the intent of the change to

Condition DC.10 is to clarify that, where there are any changes

to a plan that has been prepared with input from affected parties, that those parties are consulted on/involved in the amendments

to that plan. The Transport Agency suggests that an alternative

approach is to add an additional clause to the relevant conditions setting out the requirement to consult on any amendments to the

site/activity specific plans. This approach reflects the

management plan framework set out on Page 45 of

Ms Hopkins’s evidence.

Delete the second paragraph of Condition DC.10 :

“For the avoidance of doubt, this condition does not apply to any Site

Specific Construction Noise Management Plan, Site Specific

Construction Vibration Management Plan, Site/Activity Specific Traffic

Management Plan or other management plans required by the

conditions of these designations.”

Add an additional clause to Condition CNV.6A that reads:

“(d) Where changes are made to a certified SSCNMP, the Requiring

Authority shall consult the owners and occupiers of sites subject to the

SSCNMP prior to submitting the amended SSCNMP to the Manager for

certification in accordance with Clause (c). The amended SSCNMP

shall document the consultation undertaken with those owners and

occupiers, and how consultation outcomes have and have not been

taken into account ”

Add an additional clause to Condition CNV.7A that reads:

“(d) Where changes are made to a certified SSCVMP, the Requiring

Authority shall consult the owners and occupiers of sites subject to the

SSCVMP prior to submitting the amended SSCVMP to the Manager for

certification in accordance with Clause (c). The amended SSCVMP shall

document the consultation undertaken with those owners and occupiers,

and how consultation outcomes have and have not been taken into

account ”

Add an additional clause to Condition CNV.7B that reads:

BF\57460450\8 | Page 56


“(c) Where changes are made to a certified SSCVMP required by this

condition, the Requiring Authority shall consult the owners and/or

occupiers of sites subject to the SSCVMP prior to submitting the

amended SSCVMP to the Manager for certification in accordance with

Condition CNV.7A(c). The amended SSCVMP shall document the

consultation undertaken with those owners and occupiers, and how

consultation outcomes have and have not been taken into account.”

Add an additional clause to Condition CT.4 that reads:

“(ef) Where changes are made to an approved TMP, the Requiring

Authority shall consult the parties in Clause (e)(xv), prior to submitting

the amended TMP to the Road Controlling Authority for approval. The

amended TMP shall document the consultation undertaken with those

owners and occupiers, and how consultation outcomes have and have

not been taken into account.”

Condition DC.11A Reference to section 176 of the RMA should be to section 176A

of the RMA.

Amend to read: “Commencing at least 3 months prior to preparation of

the Outline Plan under section 176A of the RMA…”

Condition DC.15C

Correct typographical error - Delete “If” from the start of Clause

(b).

Clarify that the requirement to provide access to the area for

heavy vehicle is following construction so that it cannot be read

as also applying during construction.

Delete “If” from the start of clause (b) so it reads: “If The Requiring

Authority …”

Amend Clause (b) to read: “...shall make reasonable provision for heavy

vehicle access post-construction, for the types …”

Condition DC.15CC Amend the first sentence to clarify that the “Completion of Construction” relates the activities on the TR Group Land so that

it could not be interpreted as being tied to another geographic

Amend the first sentence to read: “If, after completion of the 10 year

period post Completion of Construction on the TR Group Land as …”

BF\57460450\8 | Page 57


area, thereby potentially allowing a delay in removal of the

designation until all construction is complete.

Amend the first sentence to clarify that Condition EM.3A(c) is a

resource consent condition. The suggested wording is

consistent with references to resource consents in Conditions

LV.4(c) and SD.6(d).

Amend “Consent Holder” to “Requiring Authority” to reflect that

this is a designation condition.

Correct typographical error – comma.

Amend the first sentence to read: “…as set out in consent Condition

EM.3A(c), of the resource consents granted for the Project…”. Similar

wording is used in the advice note accompanying the SD conditions.

Amend “Consent Holder” to “Requiring Authority” so that condition

reads: “…the Consent Holder Requiring Authority receives confirmation

that…”

Shift the comma after “then” so that the text reads “…against the

certificate of title for the TR Group Land, then, the Requiring Authority

…”.

Condition NU.6

Auckland Council have identified to the Transport Agency that an

existing Watercare asset has not been identified in the list of

assets in Clause (a). This asset should be listed in the condition for completeness. The Transport Agency is comfortable with the

inclusion of the Onehunga Harbour Road watermain in this

condition.

Add a new subclause to (a) which reads: “(vi) Onehunga Harbour Road

watermain.”

Condition NU.9 Missing “or” in the first sentence. Amend first sentence to read: “…Auckland Transport, or Network Utility

Operators …”

Mana Whenua Collaboration

conditions – note

Delete the explanatory note accompanying the Mana Whenua

Collaboration conditions in the designation and resource consents. This note is no longer needed as the relevant

conditions are now contained in the designations and resource

consent conditions.

In both the designation and resource consents, delete the note

immediately below the Mana Whenua Collaboration condition heading

that reads: “[Note: Mana Whenua Collaboration Conditions …]”

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Condition HH.2 Correct typographical error – full stop. Add an additional full stop to the AUP reference in the second paragraph

so that it reads “and E.12.6.1.”.

Condition HH.3

The Board has removed references to archaeological authorities within the HH conditions. Clause (c) still references “areas

covered by an archaeological authority”. The Transport Agency

assumes that this is an error and if so, that text should be

deleted for clarity and consistency.

Correct typographical error – Add a full stop to the end of Clause

(e)

Amend clause (c) to remove reference to archaeological authority so

that the clause reads: “(c) The HMP will be prepared for the

management of historic heritage., excluding any areas covered by and

Archaeological Authority granted by the HNZPT.”

Amend Clause (e) to read: “The HMP shall be implemented throughout

Construction Works.”.

Condition HH.4 and

Advice note

For consistency with other conditions, abbreviate “Heritage New

Zealand Pouhere Taonga” to “HNZPT” in Condition HH.4(c) and

the four references in the advice note.

Replace reference to “Heritage New Zealand Pouhere Taonga” with

HNZPT in Condition HH.4(c) and the Advice Note.

Condition HH.4

Clause (d) refers to “international best practice”. It is unclear what this would be and the Transport Agency has not found any

reference to international best practice within the evidence of Ms

Eaves or Ms Caddigan for Auckland Council or Ms Matthews for the Transport Agency. As an alternative the Transport Agency

suggests referring to the ICOMOS NZ Charter which is the local

version of the international standard.

Correct typographical error – If the word “international” is

retained in Clause (d) then the spelling should be corrected.

Correct formatting and typographical error – final paragraph. The final paragraph should be numbered (i) and delete the full stop

Amend Clause (d) to read: “Methods for identifying, avoiding, protecting

and/or minimising effects on historic heritage during construction where

practicable in line with international best practice the ICOMOS NZ

Charter and including construction methods that minimise vibration;”.

Renumber the final paragraph (i) and remove the full stop immediately

preceding the internet address so that it reads: “…Cultural Heritage

Inventory. (www…)”.

Amend the final paragraph to read: “ …completion of on-site earthworks

activities within an area”.

BF\57460450\8 | Page 59


immediately preceding the internet address.

The reference to “on-site earthworks” in the final paragraph would benefit from some clarification as it is unclear what

geographical area it refers to (i.e. either all or part of the project).

Condition HH.4A

Condition HH.4A requires that historic heritage reports are

submitted by the Suitably Qualified Person to the Manager. When drafting the conditions, the Transport Agency has avoided

specifying individuals, as the responsibility falls with the

Transport Agency as requiring authority (albeit that the Transport Agency may delegate responsibility to submit a report on to

another person). The heritage conditions are no different to

others in this respect and the Transport Agency’s preference is to remove reference to the Suitably Qualified Person in this

condition.

The requirement to submit the reports to the Auckland Council Cultural Heritage Inventory appears to be a duplicate of the

requirement in HH.4(i) and the information will be submitted to

the Manager in any case as per the requirements in the conditions. Therefore, reference to the CHI in this condition can

be deleted.

Correct typographical error: – full stop at the end of the condition.

Amend the condition to read: “…including interim reports, shall be

submitted by the Suitably Qualified Person to the Manager and to the

Auckland Council Cultural Heritage Inventory as soon as they are

produced …”

Add a full stop to the end of the condition.

Conditions HH -

Advice note

Remove duplicated text “Heritage New Zealand Pouhere Taonga

Act 2014” from the first sentence.

Amend the first sentence so it reads: “Heritage New Zealand Pouhere

Taonga Act 2014 HNZPT Act 2014…”.

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Condition LV.3 Correct typographical error - space Remove the space in clause v) so that it reads: “v) Landowner;”

Condition CNV.4

Amend the noise criterion for the period of 0630h - 0730h

Sunday to Friday in Table CNV-1. The decision includes a noise criterion of 55 dB LAeq(15min) for this morning period. The Transport

Agency identified that the inclusion of 55 dB LAeq(15min) in the table

was an error and it sought to correct the error by amending the

noise criterion to 60 dB LAeq(15min).

A criterion of 55 dB LAeq(15min) would be lower than the night time

criterion for the same days, would introduce a lower noise criterion for only one hour between two periods of higher noise

criteria, and would be at odds with the increased traffic noise

experienced during the morning peak period. Further, without amendment, the conditions would have different noise limits for

the Monday to Thursday 6.30 to 7.30am period (55dB) than for

the Friday 6.30 to 7.30am period (60dB). Therefore, the Transport Agency request that the noise criterion for that period

is the same as the night time criterion of 60 dB LAeq(15min) and for

all days of the week.

Clarify that the time period for Public Holidays is to be from

midnight until midnight.

Correct cross referencing - Clause (b) references Condition CNV.6. This should refer to CNV.6A as the condition numbering

changed during the hearing and there is no longer a Condition

CNV.6.

Amend Table CNV.1: Construction Noise Criteria to read:

Timeframe Time LAeq(15min) LAFmax

Residential buildings

0630 Sunday to 0630 Friday

0630h - 0730h

0730h - 1800h

1800h - 2000h

2000h - 0630h

6055 dB

70 dB

65 dB

60 dB

75 dB

85 dB

80 dB

75 dB

…

0630 Saturday to 0630 Sunday and from midnight to midnight on Public Holidays

0630h - 0730h

0730h - 1800h

1800h - 2000h

2000h - 0630h

45 dB

55 dB

45 dB

45 dB

75 dB

85 dB

75 dB

75 dB

Amend Clause (b) to read:

“Where compliance with the noise criteria set out in Table CNV1 is not

practicable, then the methodology in Condition CNV.6A shall apply.”

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Condition CNV.5

Correct typographical error – space and capitalisation of a

defined term.

Add a space in clause (a) so that it reads: “the Category A criteria, a

sSuitably qQualified pPerson …”.

Add a space in the Table CNV2 title so that it reads: “Table CNV2

Construction …”.

Condition CNV.7B

Fonterra Brands (Tip Top) NZ Ltd and the Transport Agency

have identified an inconsistency within the wording of Condition CNV.7B and Fonterra is concerned about whether the condition

will capture the activities and processes, machinery or

equipment on its Tip Top site. As a result of further discussion the parties have identified an amendment to clause (a)(ii) to

resolve this concern and ensure the wording within the CNV

conditions are consistent.

Correct typographical error – semi colon in Clause (b)(iv).

Amend Clause (a)(ii) to read: “(ii) Fonterra Tip Top site, 113 Carbine

Road. With respect to this site, “activities” and “processes, machinery or

equipment” in cCondition CNV.7B(b) includes …”. The effect of this

change is that both the activities and the processes, machinery or

equipment on the Tip Top site are captured by the Site Specific

Construction Vibration Management Plan requirements.

Add a semi colon to the end of Clause (b)(iv).

Condition CT.6

Correct typographical error – correct the spelling “residents” in

Clause (f) and delete the duplicate full stop at the end of the

same clause.

Correct the spelling of “residents” in Clause (f) and delete the duplicate

full stop at the end of the same clause.

Condition SD.1A

Suggest removing the reference to “the GHD Assessment” in

Clause (d) as this is not referred to again in the conditions.

The second and third sentences in clause (f) were intended to form their own clauses. This can be achieved by creating clause

(g) after the word “consult” and creating clause (h) after the word

“Agreed”.

Amend Clause(d) to read: “…dated July 2017 prepared by GHD; (the

GHD Assessment)”.

Renumbered clauses (g) and (h) as follows:

“(f) For the purpose of …

(g) The RAR shall be provided in draft…

(h) Following the comment period …”

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Condition SD.1C

Advice Note Correct typographical error – The spelling of de-commission.

Correct the spelling to read: “…and permanently de-commission the gas

fired power generation.”

Condition SD.2A

Add a reference as to where the drawing in Clause (c) can be

found.

Amend Clause (c) to read:

“…as shown on Drawing SK-PI-008-201(Rev C) and Drawing Z5A-SK-

80-202 (Rev C) (both located in Appendix 1 of these conditions)…"

Condition SD.2

Add a reference as to where the drawing in Clause (e)(i) can be

found.

Amend Clause (e)(i) to read:

“Three permanent site access points for the Southdown Site as shown

on Drawing SK-PI-008-201 (Rev C) (located in Appendix 1 of these

conditions);”

Condition SD.4 Correct typographical error – Add a space between “the” and

“Control”.

Amend the condition to read: “The Requiring Authority shall implement

the Control Measures set out in …”

Condition SD.6

Advice Note

Correct the reference to general resource consent conditions in

the Advice Note accompanying Condition SD.6 so that it reflects

the numbering of the RC conditions.

Amend the first bullet point of the second paragraph to read: “ For the

avoidance of doubt,….in accordance with the following relevant resource

consent conditions:

• General resource consent conditions RC.1 – RC.15 (excluding

RC.8B)…”

Condition SD.7

Correct typographical error - Add the words “for the” into

Clause (b).

Amend Clause (b) to read: “Any variations to existing resource consents

for the Southdown site, which …”.

Remove space between comma and "site"

Condition PS.2 Throughout the conditions there is reference to “heavy vehicles” rather than ‘heavy goods vehicles” (see for example CT.2(e),

CT.4(e)(xiv), CT.9). The Transport Agency suggests that the

Amend the condition to read: “…vehicular access, including for heavy

goods vehicles, between 8 Sylvia Park Road …”.

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same wording is used throughout the conditions to remove the

inference that there is a difference between the two. Alternatively, if the intent is that there is intended to be a

difference, then “Heavy Goods Vehicles” and “Heavy Vehicles”

should be defined.

Condition RC.1

The Transport Agency suggests adding an additional clause to reference the final drawings updated through the hearing and a

new appendix which contains a full schedule of the drawings

referred to in (b)(i) to (viii) with revision number to clearly record those drawings that were updated through the hearing, and other

drawings that are referred to within the conditions. This will

ensure that the reader is working off the correct drawing.

Add new clause to read:

“(bb) Except as modified by the revised plans and plan sets presented at

the close of the BoI hearing which are listed in Appendix 2”.

Attach a schedule of drawings as an appendix to the conditions in

Volume 3 of the decision. A schedule is attached as Appendix 2 to this Table.

Condition RC.8B

Amend Condition RC.8B to provide for a 15 year lapse date for

Resource Consent 13: Activities on new land to be created (s89

and 9).

Following amendments by the Board, Condition RC.8A and

RC.8B are identical and therefore one condition is now

redundant. The Transport Agency suggests that duplicate Condition RC.8B is amended to provide for a 15 year lapse

period for Resource Consent 13 instead of 10 years.

Resource Consent 13 requires a 15 year lapse period as it is required for the operation of the Project activities on the new

land following construction of the reclamation. A 15 year lapse

date is consistent with lapse dates for the designations

Amend Condition RC.8B. to include a 15 year lapse date with the

condition to read: “…Pursuant to section 125(1) of the RMA, the consent

shall lapse 1015 years from the date of the commencement of the

consent…”.

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authorising the operation of the highway and allows a period of

time post construction of the new land for activities to establish

(the coastal occupation consent has a lapse date of 10 years).

Condition MW

(Resource consents)

Remove the explanatory text “[Coastal Permit conditions]” in the

title for the Monitoring and Management Plan for the Māngere

Inlet, as the conditions should be inserted (as per comment

below) and the note is no longer required.

Amend the title to read: “Monitoring and Management Plan for the

Mangere Inlet [Coastal Permit conditions]”.

Condition MW 1 - 5

Add Conditions MW.1 to MW.5 to the Mana Whenua

Collaboration conditions in the resource consent conditions and amend “Requiring Authority “ to Consent Holder” within these

conditions. The Transport Agency suggests that the duplicate

MW consent conditions are given a new prefix to differentiate

them from the designation conditions.

Appendix 5 contains the suggested amendments to the MW

consent conditions.

Add Conditions MW.1 to MW.5 (found in the Designation conditions) into

to the Mana Whenua Collaboration conditions.

Appendix 5 contains the suggested amendments to the MW consent

conditions.

Condition MW.8

Remove the capitalisation of “Avifauna” in Clause (c)(i)c. as avifauna is not a defined term in the conditions. Add a space

between “of” and “avifauna”.

Correct typographical error – Spelling of “undertaken” in Clause

(c)(i).

Amend Clause (c)(i)c. to read: “c. Monitoring of Aavifauna nesting

activity …”.

Amend Clause (c)(i) so that it reads:” Monitoring undertaken undertekan

for the resource consents including:”

Condition CL.1

The last sentence refers to “owners and operators of the affected

land”. The Transport Agency assumes that “operators” should be “occupiers” which would be consistent with the remainder of

the conditions (e.g. CT.3(e)(xv), CS.2(h), CNV.6A(a) and (b)(vi),

Amend the condition to read: “…include consultation with the owners

and operators occupiers of the affected land.”

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CNV.7A(a) and (b)(vi) and CNV.7B(b)(i)).

Condition CL.12

The Board has included additional Clause (e) into this condition.

The consequence of this is that the clauses that follow it change numbering. Clause (e) therefore needs to reflect the new clause

numbers. In addition, “consent holder” should be capitalised.

Correct typographical error – Spelling of “Plan” in Clause (f).

Amend Clause (e) to read: “…with the requirements of (fe) and (gf)

below shall be documented by the cConsent hHolder…”.

Amend Clause (f) to read: …a Remedial Action RPlan shall be …”.

Condition C.1 Correct typographical error. Amend the condition to read: “…the Consent Holder shall submit to the

Manager I for certification the …”.

Condition C.1B

Amend Condition C.1B to reflect the changes to Condition

C1.BB.

Amend the Condition to read:

“The total reclamation area and footprint of permanent occupation in the

Māngere Inlet for the road embankment, landscape and amenity

features, access, and stormwater treatment areas is not to exceed the

area identified in the documents listed in Condition RC.1, and, but with

the modification and consequential reduction ins area as modified in

accordance with the requirements of by Condition C.1BB below.”

Condition C.1BB

Suggested amendments to Condition C1.BB to clarify the purpose of the reductions to the headlands, provide certainty on

the areas to be reduced (ie by reference to a plan) and a

baseline against which the outcomes of the proposed modifications are to be measured. The reference to

sedimentation "rates" has been deleted as the rate of

sedimentation will not change but the area affected by the maximum rate of sedimentation can be reduced. The proposed

condition has also been linked to condition C1.D to ensure that

Amend the condition to read:

As part of detailed design, the headlands (outer promontories) of reclamation Landforms 2 and 3 as shown on the plan Headlands (outer promontories) of Landforms 2 and 3, December 2017, Rev 1 (in Appendix 2 of these conditions) shall be deleted, reduced and or modified (e.g. in the form of islands) to.

The purpose of the reduction and modification to these headlands is to:

(i) increase maximise tidal flows velocities past the landforms; and

(ii) reduce minimise sediment accumulation rates between the

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the modifications to the headlands still achieve the integrated

design outcomes sought for the reclamations.

Consequential amendment to Condition C.1C(f).

Propose to include a plan in Appendix 2 identifying the relevant

promontories.

headlands (outer promontories) and the between the landforms

compared with the lodged design.

Any modification or reduction of the headlands shall achieve the

outcomes specified in Condition C.1D below.

Amend Condition C.1C(f) to read: “…to achieve the outcomes in

Conditions C.1BB and C.1D to C.1F…”

Appendix 2 contains the drawing Headlands (outer promontories) of

Landforms 2 and 3.

Condition C.1E

Clause (h) refers to the “eastern most landform”. This is

Landform 3 and for clarity, the Transport Agency suggests that

the condition references “Landform 3”. as this will maintain

consistency with new Condition C.1BB

Amend Clause (h) to read: “(h) Discourage public access to parts of the

eastern most landform Landform 3 to minimise…”.

Condition D.0

Amend Condition D.0 to identify the activities authorised by the

consent rather than excluded from the consent.

Amend the title of Drawing AEE-CMA-101.

Correct typographical errors – spelling.

Appendix 4 contains the suggested amendments to the

Dredging (D) conditions.

Amend the condition to read: “This consent authorises the works

associated with relocation of the Ann’s Creek tidal channel and the

dredging/placement of dredged material within the Project footprint. Sub-

tidal dredging shall be limited to works associated with the relocation of

the Ann’s Creek tidal channel. This consent does not authorise sub-tidal

dredging within the areas denoted as ‘Proposed Area For Marine

Dredging’ and ‘50m Dredging Channel For Access To Foreshore’ on

drawing Coastal Occupation Embankment – Overview, AEE-CMA-101

Rev 0, dated 1/12/16 or any subsequent amendment to that drawing.”

Appendix 2 contains the drawing (and other specific drawings referred

to in the conditions).

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Condition D.1

The Transport Agency suggests consequential changes to the

Dredging conditions to reflect that subtidal dredging (with the exception of the Anns Creek tidal channel) has been removed

from the Project. A number of conditions still refer to subtidal

dredging elements and these should be removed/amended.

Amend the condition to read: “In addition to the matters in Condition C.4,

the Coastal Works CEMP shall also include the following matters

relating to dredging for the relocation of the Anns Creek tidal channel,

filling of dredged channels and dredging/placement of dredged material

within the Project footprint in the CMA:

(a) The results of contaminant and ecological surveys undertaken in

accordance with Condition D.1A to confirm the location and extent of

subtidal dredging for the relocation of the Anns Creek tidal channel;”

Condition D.1A

Amend Clauses (a) and (c) to clarify that the ecological and contaminant surveys referred to in the condition now only apply

to the subtidal dredging for the relocation of the Anns Creek tidal

channel.

Amend Clause (a) to read:

“Prior to commencing subtidal dredging activities, the Consent Holder

shall undertake further ecological and contaminant surveys within the

general extent of the proposed subtidal dredging for the relocation of the

Anns Creek tidal channel. area shown on the drawings referenced in

Condition RC.1.”

Amend Clause (c) to read:

“The surveys will inform the final location and extent of the subtidal

dredging activities for the relocation of the Anns Creek tidal channel,

with the objective being to refine the areas of proposed dredging to

target, where practicable, areas of lower ecological value and lower

levels of contaminated material.”

Condition D.2A

Amend Condition D.2A to clarify that the dredging activities just relate to the Anns Creek sub-tidal channel and within the Project

footprint.

Amend the condition to read: “Prior to the commencement of dredging

for the relocation of the Anns Creek tidal channel and within the Project

footprint, the Consent Holder…”.

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Condition D.2B

Remove reference to monitoring of subtidal dredging at depth as

this is no longer part of the project.

Amend the first paragraph to read:

“…during the initial phase of the dredging operations. For the sub-tidal

dredging, one shall be for dredging near the seabed and one for

dredging at depth (at approximately 1.5m depth). The purpose of…”

Condition D.3

Amend the first paragraph to clarify when the monitoring is to

occur. The monitoring in Condition D.3 follows after the monitoring required by Condition D.2B and the two sets of

monitoring are not intended to overlap.

Amend the first paragraph to read:

“Following the initial phase of dredging Following the monitoring

undertaken in accordance with Condition D.2B, the Consent Holder shall

undertake…”

Condition EM.1A

Amend the Condition Reference in Condition EM.1A(b)(ii). Amend Clause (b)(ii) to read: “…in accordance with

Designation Condition DC.15B (Anns Creek Construction Restriction

Area);”.

Condition EM.2A

and Condition

EM.2B

Correct minor error. The express inclusion of pest animal management within the conditions was not supported by NZTA

in its closing submissions and appears to be based on the

conditions attached to the Auckland Council's closing submissions. Dr Bishop for the Auckland Council stated in his

summary evidence that pest control in the "core habitat" of Anns

Creek would provide for significant enhancements to the indigenous biodiversity (paragraph 1(c)). Dr Bishop's

conclusions in that summary statement were that pest control in

Anns Creek could be scaled up and managed for plant and animal pests (paragraph 3(k)). The Transport Agency's advice

from Ms Myers is that there are not significant biodiversity gains

Amend Condition EM.2A(a) to read: “Approximately 1.1ha of salt marsh

enhancement/recreation and pest plant and pestanimal management at

the existing saltmarsh…”.

Amend Condition EM.2A(h) to read: “Pest plant and pest animal

management and restoration of 1.5ha freshwater/brackish wetland

complex at Blake Road Reserve,..”

Amend Condition EM.2B(b)(i) to read: “…Pest plant and pest animal

management for the remaining basalt lava flows…”.

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to be made from pest control outside the Anns Creek area, and

this seems consistent with Dr Bishop's evidence.

On this basis it appears that pest animal management may have

been inadvertently extended to all areas of ecological works and

beyond the area sought by Dr Bishop (i.e. wider Anns Creek).

In light of this the Transport Agency requests the removal of pest

animal management from Condition EM.2A(a) for Gloucester

Park Reserve, EM.2A (h) for Blake Road Reserve and

EM.2B(b)(i) for Victoria Street and Pikes Point lava flows.

Condition EM.3A Correct typographical error in Clause (b)(iii). Add a space in Clause (a) so that it reads: “…to achieve the following

outcomes …”.

Condition EM.3B

Correct omission in conditions. With the expansion of pest animal management in Condition EM.2A, the Transport Agency

suggests that the conditions should specify timeframes for the

animal pest management. These timeframes should align with the timeframes for other restoration and enhancement activities

on the project. For Anns Creek East, the pest animal

management should be for a period of 10 years and for other areas it should be for a period of 5 years. This is consistent with

the methodology adopted for the management of ecological

planting and invasive pest plants in Condition EM.3A and

Condition LV.6(g) and (h).

Amend Condition EM.3B to read:

“(a) The methodology for pest animal management as set out in the

ECOMP shall be designed to achieve the following outcomes:

(ai) Annual possum residual trap catch or wax tag index ≤ 5%;

(bii) Rats tracking tunnel index ≤ 5% prior to the bird breeding

season (October); and

(ciii) Mustelid residual trap catch ≤ 5% and/or tracking tunnel index ≤

0.5%.

(b) Subject to (c) below, the maintenance period for pest animal

management set out in Conditions EM.2A and EM.2B shall be for a

period of 5 years following Completion of Construction.

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(c) Pest animal management in Anns Creek East shall be for a period of

10 years following Completion of Construction.

Condition EM.4A Typographical error – space missing (a) … three strips of 30m x 20m adjacent to the coastal edge and replant with oioi at …

Condition EM.6 Correct typographical error in Clause (a)(i). Remove the bracket from the start of Clause (a)(i) so that it reads: “(i)

(Non-intrusive survey of nesting activity …”.

Condition EM.7(a)(ii)

Amend Clause (a)(ii) to provide for the protection of either an

existing mid or high tide roost in the Mangere Inlet as the avifauna experts remain in disagreement as to whether there is a

suitable existing high tide roost within the Mangere Inlet. The

inclusion of a mid-tide roost provides the Transport Agency and Auckland Council with an alternative (which achieves the same

ecological outcome) should a high tide roost not be

identified/agreed.

Amend Clause (a)(ii) to read: “An existing mid or high tide roost within

the Māngere Inlet; and…”

Condition EM.10

On review of the conditions, the Transport Agency has noticed

that the timeframes in Condition EM.10 are in conflict and

therefore present an issue for implementation/ interpretation. Clause (c)(i) and (c)(ii) set out the duration of the research, being

five years and three years and Clause (e) requires the outcomes

of the research to be provided to the Manager within 12 months of the Completion of Construction. The intent was that the

research was provided to the Manager within 12 months of

completion of the monitoring rather than inferring that a lesser period of research could be undertaken if construction was

Delete Clause (b) which reads: “(b) The research shall commence

following Completion of Construction within the Māngere Inlet.”

Amend Clause (c)(i) to read: “ Monitoring the recolonisation of intertidal

soft sediment organisms within areas of disturbed sediment annually, at

the same time of year, for 5five years commencing at the completion of

disturbance activities. The research shall comprise pre-disturbance

baseline surveys and then, for the 5 year monitoring period, collection of

replicate core samples within areas of disturbed intertidal sediment and

at similar sites where sediment is not disturbed (control sites), sieving

sediment using a 0.5mm mesh and analysis of benthic invertebrate

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completed in lesser time than the research period. The Transport

Agency suggests that the clauses are amended to address this inconsistency. In addition, the research into the recolonisation of

intertidal soft sediment organisms set out in Clause (c)(i)

requires a baseline survey to be undertaken prior to disturbance

activities commencing.

With clarification of the timeframes in Clauses (c)(i) and (c)(ii),

Clause (b) is no longer required and can be deleted.

community composition in the residual fraction. Community composition,

species abundance and diversity shall be analysed among years and

compared to the pre-disturbance baseline surveys; …”

Amend Clause (c)(ii) to read: “Monitoring the natural recolonisation of

newly created artificial intertidal hard shore substrate by marine

invertebrate species over a three-year period commencing at the

completion of the new hard shore substrate.”

Amend Clause (e) to read: “…within 12 months of completion of the

monitoringCompletion of Construction, unless otherwise …”

Condition L.2 Correct typographical error in clause (d). Correct the spelling in Clause (d) to read: “…shall be provided to and

obtain…”.

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APPENDIX 1: LIST OF DRAWINGS REFERRED TO IN THE DESIGNATION CONDITIONS

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APPENDIX 2: LIST OF DRAWINGS REFERRED TO IN THE RESOURCE CONSENT CONDITIONS

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APPENDIX 3: INDEX OF DESIGNATION AND RESOURCE CONSENTS

Ref Notice of Requirement General conditions Lapse date Expiry date

NOR 1 Designation for construction, operation and maintenance of a State highway, being the East West Link between Onehunga and Ōtāhuhu, and associated works.

DC.1, DC.2 - DC.15B, DC.15C-E CS.1 - CS.6 ROS.1 - ROS.7 NU.1 – NU.9 MW.1 - MW.5 HH.1 – HH.6, HH7, HH.8 LV.1 - LV.5, LV.5A-H, LV.7, LV.8 TR.1 – TR.3 ON.1 – ON.14 CNV.1 – CNV.7B CT.1 - CT.9 SD.1 – SD.8

15 years after the date on which it is

included in the AUP

-

NOR 2 Alteration to SH1 Designation 6718 for maintenance, operation, use and improvement of the State Highway network.

DC.1, DC.1A, DC.2 – DC.10, DC.12, DC.15A CS.1 – CS.6 ROS.3, ROS.4 NU.1A, NU.2-NU.6, NU.9 MW.1 - MW.5 HH.1 – HH.4, HH.6A LV.1 – LV.5, LV.6-8, TR.1 - TR.3 ON.1 – ON.14 CNV.1 – CNV. 7B CT.1 - CT.9

15 years after the date on which it is

included in the AUP

-

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Ref Resource consents General conditions Specific conditions Lapse date1 Expiry date2

RC1 Land use (s9) - NES Soil Disturbance of contaminated soils undertaken project wide.

RC.1 - RC.15 (excl. RC.8B and RC.8BA) MW.1 - MW.5

CL.1 – CL.12 10 years 15 years

RC2 Land use (s9(2)) – Land disturbance activities Earthworks, vegetation alteration and removal undertaken project wide.


E.1 – E.14 EM.1 – EM.13

10 years 15 years

RC3 Land use (s9(2)) – Land disturbance activities Vegetation alteration and removal for restoration and rehabilitation works undertaken outside of the designation within Southdown Reserve, adjacent to Southdown Stream, Ann’s Creek Reserve, Gloucester Park and the Manukau Foreshore Walkway .


E.1 – E.14 EM.1 – EM.13

10 years 15 years

RC4 Land Use (s9(3)) - Vegetation alteration, removal Vegetation alteration, removal associated with the restoration works and the establishment of vehicle access and parking areas undertaken outside of the designation within Southdown Reserve, adjacent to Southdown Stream, Ann’s Creek Reserve, Gloucester Park and the Manukau Foreshore Walkway .


E.1 – E.14 EM.1 – EM.14C

10 years 15 years

RC5 Coastal Permit (s12, s14 and s15) – Construction activities in the CMA and temporary occupation and associated discharge of contaminants

The works associated with the construction of the reclamation and the Ann’s Creek Viaducts in the Māngere Inlet and the works in Onehunga Bay

RC.1 - RC.15 (excl. RC.8B and RC.8BA) MW.1 – MW.10

C.1 – C.14 D.1 – D.19 EM.1 – EM.14C

10 years 15 years⃰ ⃰excluding consent for reclamation which is

for an unlimited duration

1 From the date of commencement of the consent under section 116. 2 From the date of commencement of the consent under section 116.

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associated with public access. The works also include environmental enhancement works at Ngarango Otainui Island. The works will include reclamation, depositing of material in the CMA, disposal of waste or other matter in the CMA including dredged material, CMA disturbance, dredging for the purpose of relocating the Anns Creek tidal channel and within the Project footprint, vegetation alteration/removal (including mangroves), damming or impoundment of coastal water, taking, use or diversion of coastal water, parking on CMA structures, vehicle use of the foreshore and seabed, demolition or removal of any CMA structures, temporary CMA structures, temporary construction activities, planting of native vegetation, underwater impact and vibratory piling.

RC6 Coastal Permit (s12, s14 and s15) – Construction

activities in the CMA and temporary occupation and associated discharge of contaminants

Works associated with the removal of the existing culvert and replacement with a bridge and the construction of a new bridge for State Highway 1 at Ōtāhuhu Creek. The works will include declamation, depositing of material in the CMA, CMA disturbance, vegetation alteration/removal (including mangroves), damming or impoundment of coastal water, taking, use or diversion of coastal water, parking on CMA structures, vehicle use of the foreshore and seabed, demolition or removal of any CMA structures, temporary CMA structures construction activities.

RC.1 - RC.15 (excl. RC.8B and RC.8BA) MW.1 – MW.10

C.1 – C.14, EM.1-EM.7 (Excl. EM.1A)

10 years 15 years

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RC7 Water Permit (s13 and s14) - Works in watercourses and associated diversion activities

Construction works in all fresh watercourses in the Project area including:

• Hill Street Stream; • Southdown Stream; • Ann’s Creek (landward of MWHS); • Clemow Stream; and • Miami Stream.

The construction activities will include depositing of substances, mangrove removal, diversion of a river or stream to a new course and associated disturbance and sediment discharge, demolition or removal of existing structures, reclamation or drainage and associated diversion of water and incidental temporary damming.


WW.1 – WW.10 10 years 15 years

RC8 Water Permit (s14) - Drilling of holes The drilling of holes or bores during construction which will destroy damage or modify any places scheduled in the historic heritage overlay.


N/A 10 years 15 years

RC9 Water Permit (s14) - Groundwater diversion and take Drainage of groundwater from the Pikes Point Landfill to enable construction.


G.1 – G.7 10 years 15 years

RC10 Discharge Permit (s15) - Discharge of contaminants into air or into or onto land or water Discharges of contaminants from construction activities across the full extent of proposed works in all land areas and within the Coastal Marine Area.


AQ.1-AQ.4 10 years 15 years

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RC11 Discharge Permit (s15) - Discharge of contaminants into air or into or onto land or water Discharges of contaminants from disturbing contaminated land or potentially contaminated land Project wide.


CL.1 – CL.9 AQ.1 – AQ.4

10 years 15 years

RC12 Discharge Permit (s15) - Air Discharges Storage of cement and manufacture of concrete associated with the concrete batching facility within the construction yard proposed in Waikaraka Park.


CB.1 - CB.7 10 years 15 years

RC13 Activities on new land to be created (s9 and s89) Use of land for a road, pedestrian and cycleway facilities, stormwater treatment, amenity areas and associated infrastructure and activities on the new land area to be created between existing MHWS and future MHWS in the Māngere Inlet.

RC.8B - 15 years -

RC14 Coastal Permit (s12) – Occupation and associated use Occupation and associated use by permanent structures in and below the surface of the CMA including extension or alteration of existing CMA structures, bridge structures in Ann’s Creek, stormwater outfalls, retaining walls and seawalls, hard protection structures, observation areas, viewing platforms and boardwalks and any other public amenities in the Māngere Inlet and Onehunga Bay.

RC.8B and RC8.BA RC.8A and RC.8BA

C.15 10 years 35 years

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RC15 Coastal Permit (s12) – Occupation and associated use Occupation and use of the replacement bridge and new bridge at Ōtāhuhu Creek. Includes permanent structures in the CMA including extension or alteration of existing CMA structures, new structures, stormwater outfalls, retaining walls and seawalls, hard protection structures and any other public amenities at Ōtāhuhu Creek.

RC.8B and RC8.BA RC.8A and RC.8BA

C.15 10 years 35 years

RC16 Water Permit (s13 and s14) - Works in watercourses and associated diversion activities

The construction and operation of structures (including temporary structures), bridges or pipe bridges, new cables or lines crossing over a river or stream, culverts, erosion protection structures, stormwater outfalls in freshwater courses in the Project area including:

• Hill Street Stream; • Southdown Stream; • Ann’s Creek (landward of MWHS); • Clemow Stream; and • Miami Stream.

RC.1 - RC.15 (excl. RC.8AA and RC.8B and RC8.BA) MW.1 - MW.5

WW.1 - WW.10 10 years 35 years

RC17 Water Permit (s14) - Groundwater diversion and take Groundwater diversion caused by excavation and associated dewatering or groundwater level control from the trench at Onehunga Harbour Road.

RC.8BA and RC.8BA

G.1 - G.7 10 years 35 years

RC18 Water Permit (s14) - Permanent damming of surface water Dams associated with the foreshore stormwater treatment wetlands and Miami Stream in Sector 2.

RC.8BA and RC.8BA

- 10 years 35 years

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RC19 Discharge Permit (s15) - Discharge of contaminants into or onto land or water Discharge of contaminated water from leachate interception drain into the Māngere Inlet via the stormwater treatment wetlands.

RC.8BA and RC.8BA

L.1 and L.2 10 years 35 years

RC20 Discharge permit (s15) – Discharge of stormwater Diversion and discharges of stormwater from new permanent impervious surfaces to land, freshwater and coastal water from State Highway 1 between the Mt Wellington Highway and the Princes Street Interchange, the main alignment, walking and cycling facilities and new and altered existing local roads.

RC.8BA and RC.8BA

SW.1 – SW.17 10 years 35 years

RC21 Land Use (s9(2)) – Impervious surfaces All new impervious surfaces associated with high use roads within the Project area.

RC.8BA SW.1 – SW.17 10 years -

RC22 Land Use (s9(2)) – High Risk ITA (Industrial or Trade Activity) A temporary concrete batching plant during construction of the Project.

RC.1 - RC.15 (excl. RC.8B and RC.8BA and RC8.BA) MW 1 MW 5

10 years 15 years

M-RC1 Miami Stream: Land use (s9(3)) – Land disturbance, and associated discharges Earthworks and vegetation removal at Miami Stream.

RC.1 - RC.15 (excl. RC.8B and RC.8BA and RC8.BA)

E.1 – E.14 EM.1 – EM.13

10 years 15 years

M-RC2 Miami Stream: Land use (s9(3)) – Stormwater Stormwater detention and retention in Miami Stream.

RC.8B and RC8.BA RC.8BA

- 10 years -

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APPENDIX 4: SUGGESTED AMENDMENTS TO DREDGING CONDITIONS

Ref Condition

Coastal Works CEMP – Dredging

D.0 This consent authorises the works associated with relocation of the Ann’s Creek tidal channel and the dredging/placement of dredged material within the Project footprint. Sub-tidal dredging shall be limited to works associated with the relocation of the Ann’s Creek tidal channel. This consent does not authorise sub-tidal dredging within the areas denoted as ‘Proposed Area For Marine Dredging’ and ‘50m Dredging Channel For Access To Foreshore’ on drawing Coastal Occupation Embankment – Overview, AEE-CMA-101 Rev 0, dated 1/12/16 or any subsequent amendment to that drawing.

D.1 In addition to the matters in Condition C.4, the Coastal Works CEMP shall also include the following matters relating to dredging for the relocated Anns Creek tidal channel, filling of dredged channels and dredging/placement of dredged material within the Project footprint in the CMA:

(a) The results of contaminant and ecological surveys undertaken in accordance with Condition D.1A to confirm the location and extent of subtidal dredging;

(ab) Location of the activities;

(bc) Details of equipment and methods to be used including the option to use an environmental dredge bucket (with closing lid to reduce sediment dispersal);

(cd) Proposed staging of the reclamation to minimise exposed areas;

(de) Details of proposed quantities of dredged material removed and placed in the CMA; and

(e) Timing of activities.

D.1A (a) Prior to commencing subtidal dredging activities, the Consent Holder shall undertake further ecological and contaminant surveys within the general extent of the proposed subtidal dredging for the relocation of the Anns Creek tidal channel. area shown on the drawings referenced in Condition RC.1.

(b) The surveys shall confirm the location and extent of:

i) Asian date mussels beds being areas of lower ecological value; and

ii) Areas of contaminated sediment.

(c) The surveys will inform the final location and extent of the subtidal dredging activities for relocation of the Anns Creek tidal channel, with the objective being to refine the areas of proposed dredging to target, where practicable, areas of lower ecological value and lower levels of contaminated material.

(d) The results of the surveys shall be provided to the Manager.

Monitoring - Water Quality Monitoring for Dredging

D.2A Prior to the commencement of dredging for the relocation of the Anns Creek tidal channel and within the Project footprint, the Consent Holder shall undertake one-off

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Ref Condition

comprehensive water quality monitoring to establish a baseline. Water quality samples shall be collected for a spring tide and a neap tide.

D.2B The Consent Holder shall undertake two sets of one-off comprehensive water quality monitoring during the initial phase of the dredging operations. For the sub-tidal dredging, one shall be for dredging near the seabed and one for dredging at depth (at approximately 1.5m depth). The purpose of this monitoring during the initial phase of dredging is to confirm the mixing zone and proposed trigger level.

Water quality samples shall be collected:

(a) For a spring tide and a neap tide;

(b) At an updrift control site located approximately within the Māngere Inlet northern channel (for ebb tide) and at least 500 m beyond the operations (for flood tide);

(c) At dilution gradient sites 10m, 20m and 50m downdrift of the operations aligned approximately along the centreline of the Māngere Inlet northern channel; and

(d) At a compliance site 200m downdrift of the operations aligned approximately along the centreline of the Māngere Inlet northern channel.

D.3 Following the initial phase of dredging Following the monitoring undertaken in accordance with Condition D.2B, the Consent Holder shall undertake water quality monitoring once per week whilst dredging and placement of dredged material in the CMA is underway.

Water quality samples shall be collected:

(a) On a flood tide;

(b) At an updrift control site located at least 500m beyond the operations;

(c) At a dilution gradient site 50m downdrift of the operations aligned approximately along the centreline of the Māngere Inlet northern channel; and

(d) At a compliance site 200m downdrift of the operations aligned approximately along the centreline of the Māngere Inlet northern channel.

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APPENDIX 5: SUGGESTED AMENDMENTS TO MANA WHENUA RESOURCE CONSENT CONDITIONS (MW.1-MW.5)

Ref Condition

Mana Whenua Group

RCMW.1 NoR 1

NoR 2

(a) Six months prior to the Commencement of Construction, the Requiring Authority Consent Holder shall invite mandated representatives of Mana Whenua to participate in a Mana Whenua Group (MWG).

(b) The purpose of the MWG is to facilitate engagement between the Requiring Authority Consent Holder and Mana Whenua in respect of the activities authorised by this designation.

(c) The group will include invited representatives from:

(i) Ngāi Tai Ki Tāmaki;

(ii) Ngāti Maru;

(iii) Ngāti Paoa;

(iv) Ngāti Tamaoho;

(v) Ngāti Te Ata Waiohua;

(vi) Ngāti Whātua Ōrākei;

(vii) Te Ahiwaru;

(viii) Te Ākitai Waiohua;

(ix) Te Kawerau ā Maki; and

(x) Te Rūnanga o Ngāti Whātua.

(d) The MWG will hold regular meetings (at least three monthly) throughout the construction period. The MWG shall continue until six months after Completion of Construction. The frequency and duration of the meetings can be reduced or increased where the majority of the members of the group agree.

(e) The Requiring Authority Consent Holder shall record the main points arising from each meeting of the MWG, and shall provide a copy of that record to the meeting invitees within a reasonable time following the meeting.

(f) The Requiring Authority Consent Holder shall be responsible for all reasonable costs associated with the resourcing of the MWG.

RCMW.2 NoR 1

NoR 2

The MWG will be provided opportunities to review and comment on the following (amongst other things):

(a) The ULDMP, with particular reference to design elements of the following features:

i) Works in the vicinity of Te Hōpua a Rangi including how Mana Whenua artworks or design themes are incorporated and delivered into that design and nomination of an artist to design the artwork referred to in Condition LV.5B;

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Ref Condition

ii) Design of the reclamation, coastal paths and boardwalk along the Mangere Inlet.

iii) Landscape treatment (including plant species, plant sources and planting methodology), alignment and design of the recreation walkway, interpretive signage and other amenities along the Māngere Inlet foreshore recreation walkway;

iv) Aesthetic design through the upper reaches of the Māngere Inlet (Anns Creek), including reflection of the Kāretu Portage in the design of the viaduct and interpretive signage;

v) Design associated with the Kāretu Portage Path (an elevated shared path from west of Great South Road and along Sylvia Park Road), including reflection of the historic Kāretu Portage in design of this feature;

vi) Structures in the vicinity of the waahi tapu at Mt Wellington Interchange; and

vii) Design of the Ōtāhuhu Creek bridges and in particular the treatment beneath these structures to reflect and respond to the Ōtāhuhu portage.

(b) The Heritage Management Plan (as required by designation Condition HH.3) including details of Mana Whenua construction monitoring for sites identified as having significance to the Mana Whenua Group (including but not limited to Te Hōpua a Rangi, Anns Creek and foreshore, Mt Wellington Interchange area, Ōtāhuhu Creek);

(c) Accidental Discovery Protocol (as required by designation Condition HH.2);

(d) The ECOMP (as required by consent Condition EM.1) including the detail of ecological restoration planting along the northern shoreline of the Māngere Inlet, Anns Creek and Ōtāhuhu Creek;

(e) The CEMP and Coastal Works CEMP (as required by consent Conditions RC.10 and C.4), including details on site inductions, training programme(s) and tikanga for construction works (particularly for works in sensitive areas such as Te Apunga o Tainui at Mt Wellington Interchange) to respond to matters of significance to Mana Whenua; and

(f) Results of environmental monitoring prior to and during construction as required by conditions of the designation and related resource consents (e.g. water and leachate design performance monitoring under consent Condition C.1H and the scientific analysis of material of geological interest from the cut into the Te Hōpua a Rangi tuff ring under Condition HH.8), including information to support cultural monitoring requirements.

Cultural Monitoring Plan (Construction)

RCMW.3 NoR 1

NoR.2

Prior to the Commencement of Construction, a Cultural Monitoring Plan or plans shall be prepared by a person endorsed by the Mana Whenua Group.

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Ref Condition

RCMW.4 NoR 1

NoR.2

The purpose of the Cultural Monitoring Plan is to set out the agreed cultural monitoring requirements and measures to be implemented during construction activities, to acknowledge the historic and living cultural values of the area to Mana Whenua and to minimise potential adverse effects on these values.

RCMW.5 NoR 1

NoR 2

The Cultural Monitoring Plan shall include (but not be limited to):

(a) Requirements for formal dedication or cultural interpretation to be undertaken prior to works commencing in areas identified as having significance to Mana Whenua (including but not limited to Te Hōpua a Rangi, Anns Creek and foreshore, Mt Wellington Interchange area, Ōtāhuhu Creek);

(b) Requirements and protocols for cultural inductions;

(c) Identification of sites and areas where cultural monitoring is required during particular Construction Works;

(d) Identification of any other specific activities requiring cultural monitoring (e.g. implementation of spill contingency measures or specific works in the CMA);

(e) Identification of personnel nominated by Mana Whenua to undertake cultural monitoring, including any geographic definition of their responsibilities;

(f) Details of personnel nominated by the Requiring Authority and Mana Whenua to assist with management of any issues identified during cultural monitoring, including implementation of the Accidental Discovery Protocol developed under designation Condition HH.2;

(g) Identification of any opportunities and intent from Mana Whenua to reuse excavated natural material from the EWL Trench at Te Hōpua a Rangi, and if so, proposed measures to achieve this; and

(h) Details of any pre-construction monitoring that may assist Mana Whenua in their monitoring role (e.g. avifauna monitoring, baseline water quality monitoring).

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APPENDIX 6 – SUGGESTED AMENDMENTS TO THE TABLE OF CONTENTS (VOLUME THREE)

TABLE OF CONTENTS Index of Designation and Resource Consents ........................................................................ 2

Designation Conditions ........................................................................................................... 7

Guide to Reading the Designation Conditions ................................................................. 7

Designation Conditions – Definitions ............................................................................... 7

Designation Conditions .................................................................................................... 11

General Designation Conditions (DC)…………………………………………………….…. XX

Communication and Social (CS)………………………………………………………….….. XX

Recreation and Open Space (ROS)……………………………………………………….… XX

Network Utilities (NU)……………………………………………………………………….…. XX

Mana Whenua Collaboration (MW)……………………………………………………….….. XX

Historic Heritage (HH)……………………………………………………………………….… XX

Urban Design, Landscape and Visual (LV)…………………………………………………. XX

Trees (TR)………………………………………………………………………………….…… XX

Traffic Noise (Operation) (ON)……………………………………………………………….. XX

Construction Noise and Vibration (CNV)……………………………………………………. XX

Construction Traffic (CT)……………………………………………………………………… XX

Southdown Site (SD)………………………………………………………………………….. XX

Property Specific (PS)…………………………………………………………………………. XX

Resource Consent Conditions ................................................................................................ 65

Guide to Reading the Resource Consent Conditions ..................................................... 65

Resource Consent Conditions – Definitions ................................................................... 65

General Resource Consent Conditions (RC) ................................................................. 68

Mana Whenua Collaboration (MW) ................................................................................ 73

Contaminated Land (CL) ................................................................................................ 76

Earthworks, Vegetation Alteration and Removal (E) ...................................................... 80

Coastal Activities (C) ...................................................................................................... 84

Dredging (D).................................................................................................................... 91

Ecological Management (EM) ........................................................................................ 96

Works in Watercourses (W) ........................................................................................... 106

Groundwater and Settlement (G).................................................................................... 108

Air Quality (AQ) .............................................................................................................. 111

Storage and Manufacture of Concrete (CB) .................................................................. 113

Leachate (L) ................................................................................................................... 114

Stormwater and Impervious Surfaces (SW) ................................................................... 115