BEFORE THE BOARD OF INQUIRY
IN THE MATTER
AND
IN THE MATTER
of the Resource Management Act 1991
CROSS EXAMINATION NOTICE FOR HAWKE'S BAY REGIONAL COUNCIL AND
HBRIC LIMITED
of the Tukituki Catchment Proposal
Sainsbury Logan & WilliamsSolicitors
Cnr Tenriyson Street and Cathedral LanePO Box 41
Napier
Ref: Lara J BIOmfield
Fax: 06-8356746
Phone: 06-8353069
MAY IT PLEASE THE BOARD
This memorandum is filed on behalf of both applicants jointly
The applicants hereby give notice that they wish to cross examine the witnesses
listed in the attached Appendix I, and regarding the identified topics there
stated
2
3 Appendix 2 is the applicant's original notice to cross-examine. It has been
marked up, using track changes to show the differences between the original
notice and the revised notice to cross-examine
4 The estimated time for cross-examination has reduced by just over 8 hours
19 I. .revor
Counsel for Hawke's Bay Regional Council and Hawke'sBay Regional Investment Company Limited
Dated: I3 NIIZI\-I 17.11 9<n 1.3
q.binson I
It
Page 2
Table-Witness
Appendix 1
PARTY NAME: BEEF & LAMB
Witness Name Topics Duration Alec McKay Link between land use
practices and N loss outcomes
15 minutes
PARTY NAME: BEL GROUP
Witness Name Topics Duration Ella Bacher Policy TT14
Rules TT4 - TT6
15 minutes
PARTY NAME: CENTRAL HAWKE’S BAY DISTRICT COUNCIL
Witness Name Topics Duration Sylvia Allan Lapsing period
Designation conditions/restrictions
15 minutes
PARTY NAME: ENVIRONMENT DEFENCE SOCIETY
Witness Name Topics Duration Peter Reaburn Change 6
Relationship to community irrigation schemes/RWSS Objective TT1(f) Water quality policies, limits, targets and rules Water quantity policies, limits and rules Lake Whatuma & Tukituki Estuary RWSS
45 minutes
Table-Witness
Effects on ecosystems Dam break/failure Mitigation
Marie Brown Adequacy of Impact Assessment Application of Offsetting principles and criteria to RWSS under IMOA, including offset formulation Detail, definition and certainty, security of offset programme
1 hour
Kate McArthur Scale of water management Current Tukituki water quality, including estuary Foreseeable changes to water quality Nutrient management to control periphyton and to manage toxicity effects Coastal water quality Water quality limits and allocation Zone nutrient loads RWSS effects on life supporting capacity, aquatic health, trout values, recreational values, cultural values Flushing flows Land use intensification effects
>1 Hour
Table-Witness
PARTY NAME: FEDERATED FARMERS
Witness Name Topics Duration Rhea Dasent Change 6
Surface water quality limits, targets and rules Stock exclusion Rule TT6 land use consent duration Minimum flows Controlled activity rule RWSS Regulation of non-Scheme properties NoR Consultation
30 minutes
PARTY NAME: FERTILISER ASSOCIATION OF NZ
Witness Name Topics Duration Greg Sneath Amendments sought to
PC 6 nutrient management provisions (if not resolved during conferencing)
10 Minutes
Chris Hansen Amendments sought to PC 6 provisions (if not resolved during conferencing)
30 minutes
PARTY NAME: FONTERRA/ DAIRY NZ
Witness Name Topics Duration Sharon Dines Change 6 amendments
sought (if not resolved in conferencing)
Changes to RWSS conditions sought (if not resolved in conferencing)
20 minutes
Table-Witness
David McCall Minimum Flow Effects Mitigation of N losses
15 minutes
Thomas Stephens Periphyton biomass limits/ management
15 minutes
PARTY NAME: GARTH EYLES
Witness Name Topics Duration Garth Eyles Stock exclusion
Stock disturbance Regulation of industry good practice Farm plan coverage
30 minutes
PARTY NAME: GERARD LAND DESIGN
Witness Name Topics Duration Sara Gerard Landscape effects of dam
and reservoir, fluctuating water levels Land use change from irrigation Effects of water distribution system and option selection
30 minutes
PARTY NAME: HARDING FAMILY TRUST
Witness Name Topics Duration Xan Harding Minimum flows
Consultation
10 minutes
Table-Witness
PARTY NAME: HB ENVIRONMENTAL WATER GROUP
Witness Name Topics Duration
Mike Joy (noting that Dr Joy is giving the same evidence for NKII, Royal Forest and Bird Protection Society Inc and Hawke’s Bay Environmental Water Group)
Dam effects on native fish, adequacy of mitigation Nutrient management approach under change 6 Nutrient toxicity effects TRIM Model
1 hour
PARTY NAME: HAWKE’S BAY REGIONAL COUNCIL
Witness Name Topics Duration Charlotte Drury Conditions (by HBRIC
Ltd), any areas of disagreement post conferencing
10 minutes
PARTY NAME: HORTICULTURE NEW ZEALAND
Witness Name Topics Duration
Xan Harding Minimum flows Consultation
10 minutes
David Phillips Minimum flows 10 minutes
Rick Crasborn Water security 10 minutes
David Addis Change 6’s effect on current takes On farm storage
10 minutes
Graham Bartleet Reliability of supply 10 minutes
Jacqueline & Nigel Burberry
Effects of minimum flows 10 minutes
Tim Baker Groundwater/surface water depletion
30 minutes
Table-Witness
Nicholas Conland/Michelle Sands/ Phillip Jordan
Modelling groundwater and surface water hydrology Modelling nutrient generation Spatial distribution of nitrate limits, effect on allocation Lower Tukituki surface water allocation Assessing and managing effect of minimum flows on security of water supply
45 minutes
Kolt Johnson Relationship of flows to habitat for relevant species
20 minutes
Chris Keenan Distribution of N limits Water metering Provision for unauthorised/ non-compliant takes Groundwater/ surface water flows and limits Consent durations Ground/ surface water connectivity
45 minutes
Stuart Ford Degree of effect of minimum flows on horticulture in region
45 mins
Hamish Peacock Changes to Objectives and Policies of Change 6 sought Consent status under Change 6 Consent duration Transitional issues RPS provisions (which apply to RWSS)
1 hour
Table-Witness
Water quality and quantity impacts of RWSS on downstream users Relationship between RWSS and Change 6 Use of designation powers
PARTY NAME: INGLETON FARMS
Witness Name Topics Duration
Ella Bacher POL TT14 Rules TT4 - TT6
15 minutes (noting witness appearing for BEL Group on the same issues)
Lindsay Smith Seasonal volumes Economic effects Draft Aqualinc report Groundwater zones 2 and 3
20 minutes
Susan Rabbitte Water allocation
20 minutes
PARTY NAME: IRRIGATION NEW ZEALAND
Witness Name Topics Duration
Andrew Curtis Policy TT15 15 minutes
PARTY NAME: MR APPLE
Witness Name Topics Duration Andrew Borland Minimum flows/security of
supply Compliance costs
10 minutes
Table-Witness
Richard Hill Weekly volumes Compliance costs Minimum flows and stream-depleting groundwater takes
30 minutes
John Wilton Seasonal allocation On-site storage Minimum flows
20 minutes
Richard Peterson Policy TT9 - minimum flows & ground/surface water connection Connection between ground and surface water (Policies TT8 & 11) Allocation limits for Groundwater Allocation Zones 2 & 3 Seasonal volumes
30 mins
John Bright Irrigation modelling HBRC groundwater model Minimum flow restrictions Economic effects
45 minutes
Ian McIndoe Groundwater modelling Modelled ground/surface water interaction Sustainability of current takes
45 minutes
Adolf Stroombergen Economic impacts of Change 6 on orchard profitability
15 minutes
Table-Witness
PARTY NAME: NGATI KAHUNGUNU IWI INCORPORATED
Witness Name Topics Duration
Baden Barber Consultation Effects of Change 6 on mauri
15 minutes
Margie Macguire Consultation Freshwater Resources Management Plan
20 minutes
Tom Mulligan Consultation Effects on mauri, ecosystems and customary fishing interests RWSS and coastal effects
15 minutes
Marei Apatu Effects on archaeological sites HBRC engagement mana whenua Cultural values and uses report Cultural effects Effects on coastal environment and inanga spawning grounds Change 6 consultation
30 minutes
Pohatu Paku Impact of RWSS on Maori cultural values and interests
15 minutes
Ngatai Huata Consultation RWSS – effects on water quantity and access
15 minutes
Dr Te Kipa Kepa Morgan Mauri Kaitiakitanga
30 minutes
Table-Witness
Shade Smith Nutrient effects on coastal and estuarine water quality, benthic communities and fish species RWSS effects on coastal fishery Monitoring
30 minutes
Adele Whyte/Ngahiwi Tomoana
Mana whenua working party participation Role of NKII Scope of cultural assessments for TCP Effects on waterways Groundwater effects Sustainable land use practices Effects on ecology/taonga species Coastal/estuarine effects NKII engagement on RWSS
1 hour
PARTY NAME: PHYLLIS TICHININ
Witness Name Topics Duration Philip Schofield Use of overseer 10 minutes
PARTY NAME: TE TAIAO
Witness Name Topics Duration
Kelvin Lloyd Critique of TER assessment methodology (vegetation, birds, lizards, bats, invertebrates). Critique of Ecological significance assessment
>1hour
Table-Witness
Significance and effects on braided river habitat and bird species Effects of Scheme on vegetation/habitats, birds, lizards, bats, invertebrates Adequacy of mitigation and offsetting response
PARTY NAME: RUATANIWHA WATER USER’S GROUP
Witness Name Topics Duration
Andrew Bashford POL TT14 Rules TT4 - TT6
20 minutes
John Bright Agricultural water requirements Drainage and recharge values and effects Use of naturalised minimum flows Effects of minimum flows and seasonal water use limits Causes of groundwater drops
1 hour
Ian McIndoe Sustainability of current groundwater takes Modelled ground/surface water interactions and effects Effect of PC 6 provisions
1 hour
Julian Weir Modelling of groundwater levels and river flow responses under different scenarios
1 hour
Table-Witness
PARTY NAME: HAWKE’S BAY FISH & GAME COUNCIL
Witness Name Topics Duration
Jonathan Abell Ecosystem health Identifying limiting nutrient Nutrient management to control periphton- focus on P management TRIM Model Analysis of water quality data
>1 hour
Russell Death Ecological health Nutrient management to control periphton Use of MCI Analysis of water quality data TRIM model Dam construction and flow effects
>1 hour
Alison Dewes Effects of intensification Critique of nutrient management and regulatory approach under Change 6 Phosphorus mitigation LUC allocation alternative Irrigation (dry matter) yields and stocking rates Nutrient management efficiency and profitability issues
>1 hour
Corina Jordan Trout fishery values in the Tukituki catchment
1 hour
Table-Witness
Water management units Water quality limits Nutrient management to control periphyton RWSS effects on trout spawning RWSS effects on water quality and quantity relevant to trout Trout habitat requirements/control of effects on same Agricultural land use effects on aquatic ecosystems and trout fisheries, control of effects on same
Helen Marr Statutory considerations Change 5 and weight to be given to it Nutrient management Use of non-regulatory methods Provision for Community Irrigation Schemes Scale of Water management Detailed changes sought to PC 6 provisions
>1 hour
Pete McIntosh Ranking of Tukituki catchment fisheries Minimum flows Existing Tukituki Water quality Water quality requirements of trout
30 minutes
Table-Witness
RWSS effects on Makaroro fishery Economics of different land uses Consultation
Philip Percy RWSS and water allocation under Change 6- activity status Phosphorus and nitrogen (periphyton) management under Change 6; Fish & Game preferred approach Certainty of outcomes (eg Council modelling, periphyton /flushing flow management, mitigation and offsets, water security) Implementation of NPSFWM NZCPS provisions Operative RPS and Change 5 RRMP provisions (including as to natural character) RCEP provisions Weighting of Change 6 Use of ‘production land’ Existing Environment Scheme benefits(critique) Farm management and auditing, enforceability issues Construction Effects and conditions (SEMP) Part 2 assessment
>1 hour
Table-Witness
Anthony Rhodes Phosphorus and nitrogen management under Change 6 Phosphorus mitigation Strategies, livestock exclusion Nitrate allocation (LUC approach) Benefits of Scheme (critique) including ‘take or pay’ contracts (implications for drainage and water use efficiency), irrigation demand assumptions, forage production and feed conversion efficiency, dairy farm performance (dry land/irrigated).
>1 hour
Gil Zemansky Derivation/ reliability of Makaroro flow record Extent of bed armouring Flushing flows Goldsim modelling Groundwater modelling, including implications for TRIM modelling TRIM inputs
>1 hour
Table-Witness
Appendix 2
PARTY NAME: BEEF & LAMB
Witness Name Topics Duration Alec McKay Link between land use
practices and N loss outcomes
15 minutes
PARTY NAME: BEL GROUP
Witness Name Topics Duration Ella Bacher Objective TT1
Seasonal allocations (Schedule XVIII) Policy TT9 Policy TT14 Activity status for replacement consents Deletion of Rules TT4-
TT6
1520 minutes
Justine Kidd Seasonal volumes Policy TT9
10 minutes
PARTY NAME: BROWNRIGG
Witness Name Topics Duration Lisa Poynton Policy TT4 – complex
farming operations 10 minutes
PARTY NAME: CENTRAL HAWKE’S BAY DISTRICT COUNCIL
Witness Name Topics Duration Sylvia Allan Single Consent approach
Lapsing period Designation conditions/restrictions Detail of conditions (if not resolved in conferencing) Provision for Council
45 15 minutes
Table-Witness
wastewater system discharges under Change 6
John Freeman Priority for Council point source wastewater discharges under Change 6 Roading (impact) conditions
15 minutes
Stephen Thrush Implications of Change 6 for Council wastewater system discharges and consent renewals.
30 minutes
PARTY NAME: ENVIRONMENT DEFENCE SOCIETY
Witness Name Topics Duration Peter Reaburn Change 6
Relationship to community irrigation schemes/RWSS Objective TT1(f) Water quality policies, limits, targets and rules Water quantity policies, limits and rules Lake Whatuma & Tukituki Estuary RWSS Effects on ecosystems Dam break/failure Mitigation
45 minutes
Marie Brown Adequacy of Impact Assessment Application of Offsetting principles and criteria to RWSS under IMOA, including offset formulation Detail, definition and certainty, security of offset programme
1 hour
Table-Witness
Kate McArthur Scale of water management Current Tukituki water quality, including estuary Foreseeable changes to water quality Nutrient management to control periphyton and to manage toxicity effects Coastal water quality Water quality limits and allocation Zone nutrient loads RWSS effects on life supporting capacity, aquatic health, trout values, recreational values, cultural values Flushing flows Land use intensification effects
>1 Hour
PARTY NAME: FEDERATED FARMERS
Witness Name Topics Duration Rhea Dasent Change 6
Objective TT3 Surface water quality limits, targets and rules Stock exclusion Rule TT6 land use consent duration Minimum flows Controlled activity rule RWSS Regulation of non-
30 minutes
Table-Witness
Scheme properties NoR Consultation
PARTY NAME: FERTILISER ASSOCIATION OF NZ
Witness Name Topics Duration Ant Roberts Nutrient budgeting using
Overseer Quality assurance/auditing
20 minutes
Greg Sneath Amendments sought to PC 6 nutrient management provisions (if not resolved during conferencing)
20 10 Minutes
Chris Hansen Amendments sought to PC 6 provisions (if not resolved during conferencing)
3045 minutes
PARTY NAME: FONTERRA/ DAIRY NZ
Witness Name Topics Duration Sharon Dines Change 6 amendments
sought (if not resolved in conferencing) Changes to RWSS conditions sought (if not resolved in conferencing)
30 20 minutes
David McCall TRIM Assumptions Minimum Flow Effects Mitigation of N losses
20 15 minutes
Oliver Parsons Amendments sought to PC 6 provisions (if not resolved during conferencing)
15 minutes
Thomas Stephens Periphyton biomass limits/ management
15 minutes
Table-Witness
PARTY NAME: GARTH EYLES
Witness Name Topics Duration Garth Eyles Stock exclusion
Stock disturbance Regulation of industry good practice Farm plan coverage
30 minutes
PARTY NAME: GERARD LAND DESIGN
Witness Name Topics Duration Sara Gerard Landscape effects of dam
and reservoir, fluctuating water levels Adequacy of proposed conditions to address these effects Land use change from irrigation Effects of water distribution system and option selection
30 minutes
PARTY NAME: HARDING FAMILY TRUST
Witness Name Topics Duration Xan Harding Minimum flows
Consultation
10 minutes
PARTY NAME: HB ENVIRONMENTAL WATER GROUP
Witness Name Topics Duration Mike Joy (noting that Dr Joy is giving the same evidence for NKII, Royal Forest and Bird Protection Society Inc and Hawke’s Bay
Dam effects on native fish, adequacy of mitigation Nutrient management approach under change 6
1 hour
Table-Witness
Environmental Water Group)
Nutrient toxicity effects TRIM Model
PARTY NAME: HAWKE’S BAY REGIONAL COUNCIL
Witness Name Topics Duration Charlotte Drury Conditions (by HBRIC
Ltd), any areas of disagreement post conferencing
45 10 minutes
PARTY NAME: HORTICULTURE NEW ZEALAND
Witness Name Topics Duration Xan Harding Minimum flows
Consultation
10 minutes
David Phillips Minimum flows 10 minutes Rick Crasborn Water security 10 minutes David Addis Change 6’s effect on
current takes On farm storage
10 minutes
Graham Bartleet Reliability of supply 10 minutes Jacqueline & Nigel Burberry
Effects of minimum flows 10 minutes
Tim Baker Groundwater/surface water depletion
30 minutes
Nicholas Conland/Michelle Sands/ Phillip Jordan
Modelling groundwater and surface water hydrology Modelling nutrient generation Spatial distribution of nitrate limits, effect on allocation Lower Tukituki surface water allocation Assessing and managing effect of minimum flows on security of water supply
>1 hour45 minutes
Kolt Johnson Relationship of flows to habitat for relevant species
20 minutes
Chris Keenan Recognition of food production values
45 minutes
Table-Witness
Distribution of N limits Water metering Provision for unauthorised/ non-compliant takes Groundwater/ surface water flows and limits Consent durations Ground/ surface water connectivity
Stuart Ford Degree of effect of minimum flows on horticulture in region
1 hour45 mins
Hamish Peacock Changes to Objectives and Policies of Change 6 sought Consent status under Change 6 Consent duration Transitional issues RPS provisions (which apply to RWSS) Water quality and quantity impacts of RWSS on downstream users Relationship between RWSS and Change 6 Use of designation powers
>1 hour
PARTY NAME: INGLETON FARMS
Witness Name Topics Duration Ella Bacher Objective TT1
Seasonal allocations (Schedule XVIII) Policy TT9 Activity status for
1520 minutes (noting witness appearing for BEL Group on the same issues)
Table-Witness
replacement consents POL TT14 Deletion of Rules TT4 -
TT6 Lindsay Smith Seasonal volumes
Economic effects Draft Aqualinc report Groundwater zones 2 and 3
20 minutes
Susan Rabbitte Seasonal Wwater allocations Reallocation of existing take volumes
30 20 minutes
PARTY NAME: IRRIGATION NEW ZEALAND
Witness Name Topics Duration Andrew Curtis Seasonal volumes
(schedule XVIII) Morgan method Policy TT15
1520 minutes
PARTY NAME: MR APPLE
Witness Name Topics Duration Andrew Borland Minimum flows/security of
supply Seasonal volumes Compliance costs
10 minutes
Richard Hill Seasonal volumes Weekly volumes Compliance costs Minimum flows and stream-depleting groundwater takes
30 minutes
Andrew van Workum Seasonal volumes Frost protection
10 minutes
Table-Witness
Minimum flows & groundwater takes
John Wilton Seasonal allocation volumes/Morgan method On-site storage Minimum flows
30 20 minutes
Richard Peterson Objective TT1 Policy TT9 - minimum flows & ground/surface water connection Connection between ground and surface water (Policies TT8 & 11) Allocation limits for Groundwater Allocation Zones 2 & 3 Seasonal volumes Frost protection takes
Re-allocation of water Rule TT6 and stream depleting groundwater takes
30 minutes 1 hour
John Bright Irrigation modelling Seasonal flow allocation limits Morgan model HBRC groundwater model Minimum flow restrictions Economic effects
1 hour45 minutes
Ian McIndoe Groundwater modelling Modelled ground/surface water interaction Stream depleting groundwater takes and methodology for assessing effects Sustainability of current
1 hour45 minutes
Table-Witness
takes Adolf Stroombergen Multiplier versus general
equilibrium analysis Change 6 and RWSS, relative costs and benefits Section 32 analysis- adequacy Use of ‘willingness to pay’ Economic impacts of minimum flows Effects of seasonal restrictions Economic impacts of Change 6 on orchard profitability Economic impacts of Scheme on orchards
1 hour15 minutes
PARTY NAME: NGATI KAHUNGUNU IWI INCORPORATED
Witness Name Topics Duration Baden Barber Consultation
Effects of Change 6 on mauri
15 minutes
Margie Macguire Consultation Freshwater Resources Management Plan
20 minutes
Tom Mulligan Consultation Effects on mauri, ecosystems and customary fishing interests RWSS and coastal effects
15 minutes
Marei Apatu Effects on archaeological sites HBRC engagement mana whenua Cultural values and uses report
30 minutes
Table-Witness
Cultural effects Effects on coastal environment and inanga spawning grounds Change 6 consultation
Pohatu Paku Impact of RWSS on Maori cultural values and interests
15 minutes
Ngatai Huata Consultation RWSS – effects on water quantity and access
15 minutes
Dr Te Kipa Kepa Morgan Mauri Kaitiakitanga
30 minutes
Shade Smith Nutrient effects on coastal and estuarine water quality, benthic communities and fish species RWSS effects on coastal fishery Monitoring
30 minutes
Adele Whyte/Ngahiwi Tomoana
Mana whenua working party participation Role of NKII Scope of cultural assessments for TCP Effects on waterways Groundwater effects Sustainable land use practices Effects on ecology/taonga species Coastal/estuarine effects NKII engagement on RWSS
1 hour
Table-Witness
PARTY NAME: PHYLLIS TICHININ
Witness Name Topics Duration Philip Schofield Use of overseer 10 minutes
PARTY NAME: TE TAIAO
Witness Name Topics Duration Kelvin Lloyd Critique of TER
assessment methodology (vegetation, birds, lizards, bats, invertebrates). Critique of Ecological significance assessment Significance and effects on braided river habitat and bird species Effects of Scheme on vegetation/habitats, birds, lizards, bats, invertebrates Adequacy of mitigation and offsetting response
>1hour
PARTY NAME: RUATANIWHA WATER USER’S GROUP
Witness Name Topics Duration Richard Dakins Water use & seasonal
volumes 15 minutes
Andrew Bashford Objective TT4 Policy TT7 Water quantity policies and limits Seasonal volumes POL TT14 Rules TT4 - TT6
45 20 minutes
John Bright Agricultural water requirements Drainage and recharge values and effects
>1 hour
Table-Witness
Use of naturalised minimum flows Effects of minimum flows and seasonal water use limits Causes of groundwater drops
Ian McIndoe Sustainability of current groundwater takes Modelled ground/surface water interactions and effects Effect of PC 6 provisions
>1 hour
Julian Weir Modelling of groundwater levels and river flow responses under different scenarios
>1 hour
PARTY NAME: TRUSTPOWER
Witness Name Topics Duration Nicola Foran Takes to protect capital
root stock
10 minutes
PARTY NAME: HAWKE’S BAY FISH & GAME COUNCIL
Witness Name Topics Duration Jonathan Abell Ecosystem health
Identifying limiting nutrient Nutrient management to control periphton- focus on P management TRIM Model Analysis of water quality data
>1 hour
Russell Death Ecological health Nutrient management to control periphton Use of MCI
>1 hour
Table-Witness
Analysis of water quality data TRIM model Dam construction and flow effects
Alison Dewes Effects of intensification Critique of nutrient management and regulatory approach under Change 6 Phosphorus mitigation LUC allocation alternative Irrigation (dry matter) yields and stocking rates Nutrient management efficiency and profitability issues
>1 hour
Corina Jordan Trout fishery values in the Tukituki catchment Water management units Water quality limits Nutrient management to control periphyton RWSS effects on trout spawning RWSS effects on water quality and quantity relevant to trout Trout habitat requirements/control of effects on same Agricultural land use effects on aquatic ecosystems and trout fisheries, control of effects on same
1 hour
Table-Witness
Helen Marr Statutory considerations Change 5 and weight to be given to it Nutrient management Use of non-regulatory methods Provision for Community Irrigation Schemes Scale of Water management Detailed changes sought to PC 6 provisions
>1 hour
Pete McIntosh Ranking of Tukituki catchment fisheries Minimum flows Existing Tukituki Water quality Water quality requirements of trout RWSS effects on Makaroro fishery Economics of different land uses Consultation
30 minutes
Philip Percy RWSS and water allocation under Change 6- activity status Phosphorus and nitrogen (periphyton) management under Change 6; Fish & Game preferred approach Certainty of outcomes (eg Council modelling, periphyton /flushing flow management, mitigation and offsets, water security) Implementation of NPSFWM
>1 hour
Table-Witness
NZCPS provisions Operative RPS and Change 5 RRMP provisions (including as to natural character) RCEP provisions Weighting of Change 6 Use of ‘production land’ Existing Environment Scheme benefits(critique) Farm management and auditing, enforceability issues Construction Effects and conditions (SEMP) Part 2 assessment
Anthony Rhodes Phosphorus and nitrogen management under Change 6 Phosphorus mitigation Strategies, livestock exclusion Nitrate allocation (LUC approach) Benefits of Scheme (critique) including ‘take or pay’ contracts (implications for drainage and water use efficiency), irrigation demand assumptions, forage production and feed conversion efficiency, dairy farm performance (dry land/irrigated).
>1 hour
Gil Zemansky Derivation/ reliability of Makaroro flow record
>1 hour
Table-Witness
Extent of bed armouring Flushing flows Goldsim modelling Groundwater modelling, including implications for TRIM modelling TRIM inputs
IN THE MATTER AND IN THE MATTER
of the Resource Management Act 1991 of a Board of Inquiry appointed under section 149J of the Resource Management Act 1991 to consider Hawke’s Bay Regional Council and Hawke’s Bay Regional Investment Company Ltd’s Tukituki Catchment Proposal
MEMORANDUM OF COUNSEL FOR THE ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED
IN RELATION TO CROSS EXAMINATION
Environmental Defence Society Inc
PO Box 91736 Victoria St West Auckland 1142
09 480 2565 [email protected]
2
MAY IT PLEASE THE BOARD
1. The Environmental Defence Society Inc (“EDS”) gives notice that it wishes to cross examine
the following witnesses:
Dr Olivier Ausseil
(Applicant)
Single-nutrient management approach
Water quality limits, targets, indicators
Flushing flows
30 minutes
Dr Adam Uytendaal
(Applicant)
Single-nutrient management approach
Water quality limits, targets, indicators
15 minutes
Dr James Rutherford
(Applicant)
The TRIM model, including assumptions,
uncertainties and outputs
30 minutes
Dr Robert Wilcock
(Applicant)
Single-nutrient management approach 30 minutes
Ian Millner
(Applicant)
Nitrogen management
Stock exclusion
20 minutes
Dr Christopher Cornelisen
(Applicant)
Effects on coastal waters 10 minutes
Ms Anna Madarasz-Smith
(Applicant)
Effects on estuarine and coastal waters 20 minutes
Dr Roger Young
(Applicant)
Effects of PC6 and RWSS on aquatic ecology
Integrated Mitigation and Offset Approach
15 minutes
Gerardus Kessels
(Applicant)
Effects of RWSS on terrestrial ecology
Integrated Mitigation and Offset Approach
30 minutes
John Craig
(Applicant)
Effects of RWSS on terrestrial ecology
Integrated Mitigation and Offset Approach
15 minutes
3
Vaughan Keesing
(Applicant)
Effects of RWSS on terrestrial ecology
Integrated Mitigation and Offset Approach
30 minutes
Mr van Voorthuysen
(Applicant)
PC6 Planning
30 minutes
Mark Chrisp
(Applicant)
RWSS Planning
20 minutes
Stephen Daysh
(Applicant)
RWSS conditions, including the Integrated Mitigation
and Offset Approach
20 minutes
Dr Thomas Stephens
(Fonterra/Dairy NZ)
Single nutrient management approach 30 minutes
Hamish Peacock
(Horticulture NZ)
Section 4 of Rebuttal Evidence 15 minutes
2. EDS no longer wishes to cross examine the following witnesses:
- Christopher Hickey (Applicant)
- Richard McDowell (Applicant)
- John Hayes (Applicant)
- Michael Thorley (Applicant)
- David Wheeler (Applicant)
- Simon Harris (Applicant)
- Trevor Matuschka (Applicant)
- David Leong (Applicant)
- Phillip Carter (Applicant)
- Shade Smith (Ngati Kahungunu Iwi Incorporated)
4
3. EDS has included four additional witnesses on this updated cross-examination list. The
reasons for this are set out below:
- Ms Madarasz-Smith - at expert conferencing it was clarified that Dr Cornelisen was only
addressing coastal issues and estuarine issues were to be addressed by Ms Madarasz-
Smith. The cross examination time requested is now split between these two witnesses.
- John Craig and Vaughan Kessing – the witnesses did not present evidence in chief and
the cross examination questions arise in response to their rebuttal evidence.
- Hamish Peacock – the cross examination questions arise in response to Mr Peacock’s
rebuttal evidence.
DATED at AUCKLAND on the 13th day of November 2013
_______________________________
R Enright / N de Wit
Counsel for the Environmental Defence Society Inc
BEFORE THE BOARD OF INQUIRY
IN THE MATTER
of the Resource Management Act 1991
AND
IN THE MATTER of a Board of Inquiry appointed under section 149J of the Resource Management Act 1991 to consider Plan Change 6 to the Hawkes Bay Regional Plan and Resource consent applications and a notice of requirement to enable the Ruataniwha Water Storage Scheme
____________________________________________________________________________
UPDATED NOTICE OF WISH TO CROSS-EXAMINE WITNESSES
FEDERATED FARMERS OF NEW ZEALAND INCORPORATED ____________________________________________________________________________
1. Federated Farmers of New Zealand (“Federated Farmers”) hereby gives notice that it
wishes to cross-examine the witnesses listed in the attachment hereto.
2. Federated Farmers wishes also to cross-examine those witnesses who are not listed in
the attachment to whom questions might be referred by other witnesses.
Dated at Auckland this 13th day of November 2013
Richard Gardner In-house Lawyer
Witnesses Federated Farmers wishes to Cross-examine 1 Submitter Witness Topic Time (minutes) Beef & Lamb NZ Alex MacKay LEP Toolkit 20 Central Hawke's Bay Sylvia Allan PC6 provisions 20 District Council Environmental Kate McArthur Water Quality Issues 20 Defence Society Marie Brown Offset Mitigation 20 Peter Reaburn Amendments to PC6 provisions 20 Fertiliser Association Christopher Hansen PC6 provisions 20 of New Zealand Incorporated Fonterra Co-operative Sharon Dines PC6 provisions 20 Group Limited and Dairy NZ Garth Eyles Garth Eyles Policies and rules relating to Rule TT1 and TT2 20 Hastings District Sylvia Allan PC6 provisions 20 Council Hawkes Bay Rob Van Voorthuysen Amendments to PC6 provisions 20 Regional Council Mark Chrisp Amendments to PC6 provisions 20 Stephen Daysh Amendments to PC6 provisions 20 Charotte Drury Amendments to PC6 provisions 20 Ian Millner Stock exclusion from waterways 10 Nathan Heath Stock exclusion from waterways 10 Hawke's Bay David Renouf Nitrogen in water 20 Environmental Mike Joy Native fish ecology and distribution, nutrient 20 Water Group management Hawke's Bay and Alison Dewes Agricultural intensification 20 Eastern Fish and Tony Rhodes Nutrient management 20 Game Council Corina Jordan impacts of agriculture land use on aquatic ecosystems 20 Helen Marr PC6 provisions 20 Jonathan Abell Nutrient management 20 Phillip Percy PC6 provisions 20 Russell Death Nutrient management 20 Ingleton Farms Ella Bacher PC6 provisions 20 Limited Mr Apple New Zealand Richard Peterson PC6 provisions 20 Ngati Kahunguni Iwi Shade Smith Coastal and estuarine effects 20 Incorporated
2 Royal Forest and Bird Mike Joy Native fish ecology and distribution, nutrient 20 Protection Society management Incorporated Ruataniwha Water Andrew Bashford PC6 provisions 20 Users Group Te Taiao Hawke's Kelvin Lloyd Ecological Values 20 Bay Environment Forum Phyllis Tichinin Phil Schofield Nutrient management, carbon sequestration 20
4168716_1
BEFORE THE BOARD OF INQUIRY
IN THE MATTER The Resource Management Act 1991 (RMA)
AND
IN THE MATTER of the Tukituki Catchment Proposal
Updated cross examination notice on behalf of Fertiliser Association of New Zealand Inc
4168716_1 2
1 In accordance the directions of the Board below is an updated list of the witnesses proposed
to be cross examined on behalf of Fertiliser Association of New Zealand Incorporated.
Kit Rutherford
2 Party calling witness: Applicant
3 Topics for cross examination:
The ability of the TRIM model to estimate the effect at catchment scale of a change in 3.1
activity at an individual farm.
4 Estimate of time required for cross examination: 5 – 10 minutes.
Rob van Voorthuysen
5 Party calling witness: Applicant
6 Topics for cross examination:
Threshold area to be applied with respect to the requirement to keep records specified 6.1
in Schedule XXI; to produce a nutrient budget and to produce a phosphorous
management plan.
Interpretation and application of Rule TT1(k) and (l) (Use of Production Land - 6.2
permitted).
7 Estimate of time required for cross examination: 15 – 20 minutes.
Helen Codlin
8 Party calling witness: Applicant
9 Topics for cross examination:
Interpretation and application of Rule TT1(k) and (l) (Use of Production Land - 9.1
permitted).
10 Estimate of time required for cross examination: 10 minutes.
Charlotte Rutherford
11 Party calling witness: Fonterra Co-Operative Limited and Dairy NZ.
12 Topics for cross examination:
Use of nutrient budgets in supply Fonterra programme (annual data inputs). 12.1
4168716_1 3
13 Estimate of time required for cross examination: 10 minutes.
Helen Marr
14 Party calling witness: Hawkes Bay and Eastern Fish and Game Council.
15 Topics for cross examination:
Changes proposed objectives; policies and rules with respect to nutrient management 15.1and water quality limits.
16 Estimate of time required for cross examination: 15 – 20 minutes.
UPDATED MEMORANDUM ENCLOSING CROSS EXAMINATION NOTICE
BY FONTERRA CO-OPERATIVE GROUP LIMITED AND DAIRYNZ LIMITED
12 NOVEMBER 2013
B J Matheson / D J Minhinnick Phone 64 9 367 8000 Fax 64 9 367 8163 PO Box 8 DX CX10085 Auckland
2637579 (Final)
IN THE MATTER of the Resource Management Act 1991
AND
IN THE MATTER of a Board of Inquiry appointed under section 149J
of the Resource Management Act 1991 to
consider a plan change request and applications
for a notice of requirement and resource consents
made by Hawke's Bay Regional Council and
Hawke's Bay Regional Investment Company in
relation to the Tukituki Catchment Proposal.
1
2637579 (Final)
MAY IT PLEASE THE BOARD:
1. This memorandum of counsel is filed on behalf of Fonterra Co-operative
Group Limited ("Fonterra") and DairyNZ Limited ("DairyNZ") to update
the Board of Inquiry of:
(a) the witnesses that Fonterra and DairyNZ wish to cross-examine;
(b) the topics to be covered in cross-examination by Fonterra and
DairyNZ; and
(c) an estimate of the likely time required for cross-examination by
Fonterra and DairyNZ.
2. An updated list of witnesses, topics to be covered in cross-examination
and an estimate of the likely time required is attached as a schedule to
this memorandum. The estimated time for cross-examination has
reduced from 8 hours and 30 minutes to 5 hours and 20 minutes.
DATED 12 November 2013
_________________________
B J Matheson / D J Minhinnick
Counsel for Fonterra Co-operative Group Limited and DairyNZ Limited
TO: The Board of Inquiry
AND TO: The Environmental Protection Authority
AND TO: The witnesses named in the schedule to this memorandum.
2
2637579 (Final)
SCHEDULE - LIST OF WITNESSES TO BE CROSS-EXAMINED AND ESTIMATE OF TIME REQUIRED
Party Witness Topics Estimated duration of cross-examination
Applicants Dr Olivier Ausseil Periphyton limits and targets. 10 minutes
Stephen Daysh Annual rolling average. 10 minutes
Claire Mulcock Auditing of Farm Environment Management Plans. 5 minutes
Robert Van
Voorthuysen
Annual OVERSEER outputs averaged over three years.
Proposed Policy TT6 1(aa).
Consistency of dates in PC 6 with the dairy year.
15 minutes
Environmental Defence
Society
Kate McArthur Water quality limits and targets. 15 minutes
Peter Reaburn Relief sought by Environmental Defence Society on PC 6, particularly the objectives, water
quality and community irrigation scheme provisions.
10 minutes
Fertiliser Association of New
Zealand Incorporated
Greg Sneath Annual outputs 30 minutes
Christopher Hansen Proposed amendments to PC 6 policies.
Proposed consent conditions for the RWSS, particularly in relation to the updating of
OVERSEER budgets.
20 minutes
Hawke's Bay Environmental
Water Group
Dr Mike Joy Water quality, particularly nutrient management.
Water quality modelling.
Sub Catchment Water Management Zones.
30 minutes
2637579 (Final)
3
Party Witness Topics Estimated duration of cross-examination
Hawke’s Bay Eastern Fish
and Game Council
Alison Dewes Farm Environment Management Plans.
Regulatory vs voluntary approaches.
Industry audited self-management.
Benefit of annual nutrient outputs.
Relationship between LUC and soil texture.
Farm economic assumptions.
40 minutes
Anthony Rhodes Water response assumptions.
Drainage assumptions.
Explanation of Figure 11.
Farm economic assumptions.
30 minutes
Corina Jordon P and N estimation and mitigation. 15 minutes
Helen Marr Relief sought by Hawke's Bay Eastern Fish and Game Council in relation to PC 6, particularly
objectives and water quality provisions.
Nutrient management.
Proposed N and P limits in PC 6.
Proposed additional methods to manage N, P and other contaminants.
1 hour
Dr Jonathan Abell Nutrient management approaches. 15 minutes
Dr Russell Death Water quality modelling.
Periphyton growth.
15 minutes
Helen Atkins
PO Box 1585
Shortland Street
AUCKLAND 1140
Solicitor on the record Helen Atkins [email protected] (09) 304 0421
Contact solicitor Helen Atkins [email protected] (09) 304 0421
BEFORE THE BOARD OF INQUIRY
IN THE MATTER of the Resource Management Act 1991
(the Act)
AND
IN THE MATTER of the Tukituki Catchment Plan Change
6, and to consents and notices of
requirement for Ruataniwha Water
Storage Scheme
FINAL CROSS EXAMINATION NOTICE FROM
HORTICULTURE NEW ZEALAND AND OTHERS
13 NOVEMBER 2013
1
MAY IT PLEASE THE BOARD:
1. As requested this is the final cross examination notice from
Horticulture New Zealand and Others (submitter #384) (“the
submitters”). It is noted that this updates the preliminary
notice of cross examination filed on 16 October 2013.
2. The following witnesses are intended to be cross examined
by the submitters at this stage:
(a) Hawke's Bay Regional Council:
i. Helen Codlin in relation to the impacts noted
in the case studies for the submitters - 10
minutes;
ii. Rob van Voorthuysen in relation to the
changes that have been specifically
requested to be included in PC6 by the
submitters - 1 hour;
iii. Stephen Daysh in relation the conditions
proposed for the RWSS – 15 minutes;
iv. Mike Thorley in relation to the streamflow
depletion effects specifically in response to
the evidence of Tim Baker for the submitters
–15 minutes;
v. Simon Harris in relation to the economic
impact of PC6 on horticultural activities (as
specifically noted in the evidence of Mr Ford
for the submitters) – estimate of time for cross
examination – 20 minutes;
(b) Environmental Defence Society:
i. Peter Reaburn in relation to PC6 provisions
and amendments sought by EDS – 15
minutes;
(c) Hawke's Bay and Eastern Fish and Game Council:
i. Helen Marr in relation to the provision
changes sought to PC6 – 20 minutes;
2
ii. Phillip Percy in relation PC6 provisions – 20
minutes.
DATE: 13 November 2013
Helen Atkins
Legal Counsel for the submitters
SEVENTH MEMORANDUM OF COUNSEL FOR MR APPLE NEW ZEALAND LTD: UPDATE ON WITNESSES TO BE CROSS EXAMINED
DATED 13 NOVEMBER 2013
J D K Gardner-Hopkins │ E J Hudspith Phone 64 4 499 9555 Fax 64 4 499 9556 PO Box 10-214 DX SX11189 Wellington
2637446
IN THE MATTER of the Resource Management Act 1991
AND
IN THE MATTER of a Board of Inquiry appointed under section 149J of the Resource Management Act 1991 to consider Plan Change 6 to the Hawkes Bay Regional Plan ("Plan Change or PC6") and Resource consent applications and a notice of requirement to enable the Ruataniwha Water Storage Scheme ("Storage Scheme" or0020"Scheme"), together, the "Proposal"
1
2637446 v3
TO: The Board of Inquiry AND TO: The Environmental Protection Authority AND TO: The Applicants
MAY IT PLEASE THE BOARD:
1. This is the seventh memorandum to the Board of Inquiry ("Board") on behalf of Mr Apple New Zealand Limited ("Mr Apple") and JM Bostock Limited ("JM Bostock") in respect of the Proposal.
2. On 16 October 2013, Counsel filed the fourth memorandum to the Board outlining:
(a) the expert witnesses that Counsel wish to cross examine at the hearing;
(b) the topics to be covered in cross-examination; and
(c) an estimate of the likely time to be needed for each cross-examination.
3. The purpose of this memorandum is to update the Board and EPA on refinements to that information, in accordance with the direction at paragraph 64 of the Board's Inquiry Procedures.
4. Counsel, Mr Apple and its consultant team have now had the opportunity to review the evidence filed by other submitters, the rebuttal evidence filed by the Council, and the joint witness statements resulting from expert conferencing.
5. As a result, the number of witnesses to be cross examined and the duration have reduced considerably. The position set out in Appendix 1 reflects the outstanding issues of concern to Mr Apple, and their relative significance to date. In the unlikely event that a new issue emerged or an existing issue took on greater importance than presently evident, Counsel would make the appropriate application to amend this notice.
DATED 13 November 2013
James D K Gardner-Hopkins | Ezekiel J Hudspith
Counsel for Mr Apple and JM Bostock
2
2637446 v3
APPENDIX 1: UPDATE ON EXPERT WITNESSES TO BE CROSS-EXAMINED
Submitter Expert Witness Topics to be covered Estimate of time needed
Hawke's Bay Regional Council
1. Husam Baalousha
Characteristics of the Ruataniwha basin groundwater system Groundwater/surface water connectivity Groundwater modeling undertaken for the applicants, including in terms of
assumptions, methodology, and data
30 minutes
2. Robert Waldron
Proposed minimum flow regime, and security of supply Groundwater/surface water connectivity and effects on MALF of higher flows
30 minutes
3. Paul Barret
Methodologies to be used for seasonal allocation 1 hour
4. Robert van Voorthuysen
Policy approach of Plan Change 6 including in terms of the appropriateness of its provisions, integration with the Scheme, and consistency with Change 5
The recommended amendments to Plan Change 6 Plan provisions for seasonal allocation
1 hour
5. Iain Maxwell
Investigations behind Plan Change 6 and Scheme, including modeling work Hydrogeology of the Ruataniwha basin Monitoring and reporting requirements including proposed Policy TT15
30 minutes
Royal Forest and Bird Protection Society of New Zealand Inc Nelson Office PO Box 266 Nelson Ph 021 558 241 Solicitor acting: Sally Gepp
BEFORE THE BOARD OF INQUIRY
IN THE MATTER of the Ruataniwha Water Storage
Scheme and Plan Change 6 to the
Hawkes Bay Regional Resource Plan
(“Tukituki Catchment Proposal”)
Revised Notice of Intention to Cross-Examine Witnesses
1. In accordance with the Tukituki Board of Inquiry Procedures, this notice revises the
Notice of Intention to Cross-Examine filed by the Royal Forest and Bird Protection
Society of New Zealand Inc on 16 October 2013.
2. Forest & Bird intends to cross examine the following witnesses:
Witness Topics Time required
Iain Maxwell Outstanding waterbodies 15 minutes
Tim Sharp Freshwater values 20 minutes
Roger Young Fish passage 20 minutes
Tim Fisher Downstream and reservoir fluctuation effects 20 minutes
Gerry Kessels Terrestrial ecology 60 minutes
John Craig Terrestrial ecology 30 minutes
Stuart Parsons Terrestrial ecology 30 minutes
Vaughan Keesing Terrestrial ecology 30 minutes
Rob Van Voorthuysen Planning 20 minutes
Mark Chrisp Planning 30 minutes
Stephen Daysh Planning/conditions 30 minutes
Sally Gepp
Counsel for the Royal Forest and Bird Protection Society of New Zealand Inc
12 November 2013
LCB-130354-339-80-V1
BEFORE THE BOARD OF INQUIRY IN THE MATTER OF the Resource Management Act
1991 AND IN THE MATTER OF the Tukituki Catchment Proposal AND IN THE MATTER OF submissions and further
submissions lodged by TrustPower Limited on Proposed Change 6 Tukituki River Catchment to the Hawke's Bay Regional Resource Management Plan
________________________________________________________
AMENDED NOTICE OF INTENTION TO CROSS-EXAMINE WITNESSES
ON BEHALF OF TRUSTPOWER LIMITED
7 November 2013 ________________________________________________________
HOLLAND BECKETT
Solicitors
LARA BURKHARDT DX HP40014 TAURANGA
Telephone: 0-7-578-2199 Facsimile: 0-7-578-8055
LCB-130354-339-80-V1
1. TrustPower Limited (TrustPower) gave notice on 16 October 2013 of
its intention to cross-examine certain planning witnesses, but indicated
that it would amend its notice as required once the outcomes of
caucusing were known.
2. The planning witnesses have since caucused and prepared the 'Joint
Witness Statement – Plan Change 6 provisions' dated 22 October
2013.
3. TrustPower amends it notice accordingly:
(a) Environmental Defence Society
Peter Dean Reaburn (5 minutes):
Objective TT4
(b) Hawke's Bay and Eastern Fish and Game Councils
Helen Marie Marr (15 minutes):
New Objective on values
Objectives TT1 and TT4
4. Counsel will liaise with other counsel to ensure there is no duplication.
5. This notice has been copied to the above parties, along with the
Hawke's Bay Regional Council / Hawke's Bay Regional Investment
Company Ltd as TrustPower no longer wishes to question its planning
witnesses, Mr van Voorthuysen.
_____________________ Lara Burkhardt Counsel for TrustPower Limited
TUKITUKI CATCHMENT PROPOSAL PLAN CHANGE, NOTICE OF REQUIREMENT AND RESOURCE CONSENTS IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of a Board of Inquiry appointed under s149J of the
Resource Management Act 1991 to consider a plan change request and applications for a notice of requirement and resource consents made by Hawke’s Bay Regional Council and Hawke’s Bay Regional Investment Company Ltd in relation to the Tukituki Catchment Proposal.
UPDATED NOTICE SEEKING TO CROSS EXAMINE PARTIES FOR NGĀTI KAHUNGUNU IWI INCORPORATED AND THE HERETAUNGA
TANGATA WHENUA PARTIES
13 November 2013
Solicitors PO Box 1654 Telephone: (04) 495 9999 Facsimile: (04) 495 9990 Counsel: J P Ferguson / K L Allan WELLINGTON
2
MAY IT PLEASE THE BOARD: 1. This memorandum of counsel is filed on behalf of:
(a) Ngāti Kahungunu Iwi Incorporated (Ngāti Kahungunu); and
(b) Te Taiwhenua o Heretaunga, Waimarama marae on behalf of nga
hapū o Waimarama, Operation Patiki and Kohupatiki marae, Ngāti
Hawea ki Matahiwi marae, Waipatu marae (Ngāti Hawea, Ngāti
Hori), Pohatu Paku on behalf of Ruahapia Marae and Ngāti Hawea
and Ngāi Te Upokoiri ki Omahu Marae (collectively referred to as
the Heretaunga tangata whenua parties).
2. Pursuant to the Pre-Hearing Conference on 23 October 2013 and noting
the determination by the Board of Inquiry (the Board) in Browne v Dunn,1
this notice seeks to revise the Notice of Intention to Cross-Examine filed by
Ngāti Kahungunu and the Heretaunga tangata whenua parties on 16
October 2013.
3. To further assist the Board, Ngāti Kahungunu and the Heretaunga tangata
whenua parties have also sought to work with other submitter parties
where applicable to substantively reduce the parties for cross-examination.
4. Appendix One to this memorandum identifies the revised list of each
witness, the indicative topics for cross-examination and the estimated time
required for that cross-examination. Appendix Two to this memorandum
provides the red-lined redacted version of the revised cross-examination
list.
5. Counsel also respectfully seeks to reserve leave to amend the Appendix
attached to this memorandum, if required, in order to:
(a) cross-examine those witnesses who are not listed in the
attachment, but to whom questions may be referred to by other
witnesses; and
(b) assist the Board by further reducing this revised cross-examination
list where proceedings develop to the extent that it becomes
1 Brown v Dunn (1893) 6 R (HL) 67.
3
unnecessary or unhelpful to the Board to cross-examine all of the
parties listed at Appendix One.
DATED this 13th day of November 2013
_____________________________
J P Ferguson Counsel for Ngāti Kahungunu Iwi
Incorporated and the Heretaunga tangata whenua parties
4
CROSS-EXAMINATION OF WITNESSES AND TIME ESTIMATES
Name Party Topic Estimated
Duration
Helen Codlin Applicants Management plans Tangata whenua values
30 min
Graeme Hansen Applicants Engagement with tangata whenua
1 hour
Benita Wakefield Applicants Engagement with tangata whenua Cultural effects
2 hours
Fiona Cameron Applicants Native fish species Tangata whenua values
30 min
Tim Sharp Applicants River values assessment Tangata whenua values
15 min
Rob Waldron Applicants Hydrology Coastal environment
30 min
John Hayes Applicants Monitoring Fish Ecological outcomes
30 min
Richard McDowell
Applicant Phosphorus management 15 min
Kit Rutherford Applicants Management of N and P nutrients TRIM modelling
20 min
Chris Hickey Applicants Native freshwater aquatic species
30 min
Anna Madarasz-Smith
Applicants Coastal environment 20 min
Chris Cornelisen Applicants Coastal environment 45 min
Roger Young Applicants Aquatic environment 30 min
Simon Bickler Applicants Archaeological impact assessment Waahi Tapu Ngai Te Upokoiri
1 hour
Michele Frey Applicants Recreational effects Engagement with tangata whenua
30 min
Nick Taylor Applicants Socio-economic effects 15 min
Rob Van Voorthuysen
Applicants Planning instruments Conditions
20 min
5
Mark Chrisp Applicants Section 32 Report Conditions
20 min
Stephen Daysh Applicants Mana Whenua Working Group Process
60 mins
John Freeman Central Hawke’s
Bay District Council
Regional development Engagement with tangata whenua
30 min
Stephen Thrush Central Hawke’s Bay District Council
Regional development 20 min
Sylvia Allan Central Hawke’s Bay District Council
Regional development 20 min
Roger Maaka Te Taiwhenua o
Tamatea Tangata whenua engagement Mana Whenua Working Group Mitigation
90 mins
Michael Copeland
Te Taiwhenua o Tamatea
Socio-economic effects Engagement with tangata whenua
45 min
6
APPENDIX TWO
CROSS-EXAMINATION OF WITNESSES AND TIME ESTIMATES
Name Party Topic Estimated
Duration
Helen Codlin Applicants Management plans Tangata whenua values
30 min
Iain Maxwell Applicants Management plans Tangata whenua values
30 min
Graeme Hansen Applicants Engagement with tangata whenua
1 hour
Benita Wakefield Applicants Engagement with tangata whenua Cultural effects
2 hours
Fiona Cameron Applicants Native fish species Tangata whenua values
30 min
Tim Sharp Applicants River values assessment Tangata whenua values
15 min
David Leong Applicants Coastal environment and lower Tukituki
20 min
Husam Baalousha
Applicants Groundwater Land use change
15 min
Rob Waldron Applicants Hydrology Coastal environment
30 min
John Hayes Applicants Monitoring Fish Ecological outcomes
30 min
Ian Millner Applicants Nitrogen leaching Irrigation consents
15 min
Richard McDowell
Applicant Phosphorus management 15 min
Adam Uytendaal Applicants Freshwater management Management of N and P nutrients
15 min
Bob Wilcock Applicants Management of N and P nutrients
15 min
Kit Rutherford Applicants Management of N and P nutrients TRIM modelling
20 min
7
Chris Hickey Applicants Native freshwater aquatic species
30 min
Olivier Ausseil Applicants River values Water quality limits
20 min
Anna Madarasz-Smith
Applicants Coastal environment 20 min
Chris Cornelisen Applicants Coastal environment 45 min
Roger Young Applicants Aquatic environment 30 min
Trevor Matushcka
Applicants Design Seismic effects
15 min
Tim Fisher Applicants Mitigation Coastal environment
30 min
Simon Bickler Applicants Archaeological impact assessment Waahi Tapu Ngai Te Upokoiri
1 hour
Michele Frey Applicants Recreational effects Engagement with tangata whenua
30 min
Gerry Kessels Applicants Ecological effects Native species and habitat
30 min
Andrew MacFarlane
Applicants Socio-economic effects 15 min
Simon Harris Applicants Socio-economic effects 15 min
Nick Taylor Applicants Socio-economic effects 15 min
Geoff Butcher Applicants Socio-economic effects 15 min
Rob Van Voorthuysen
Applicants Planning instruments Conditions
20 min
Mark Chrisp Applicants Section 32 Report Conditions
20 min
Stephen Daysh Applicants Mana Whenua Working Group Process
960 mins
Hamish McHardy Ardern Properties Land effects 10 min Dr Alec Mackay Beef and Lamb NZ Nutrient management 15 min Lisa Poynton and Brent Oliver
Brownrigg Agriculture Group
Water take consents Nutrient management
15 min
8
John Freeman Central Hawke’s Bay District Council
Regional development Engagement with tangata whenua
30 min
Stephen Thrush Central Hawke’s Bay District Council
Regional development 20 min
Sylvia Allan Central Hawke’s Bay District Council
Regional development 20 min
Kate McArthur Environmental
Defence Society Environmental effects 1 hour
Maria Brown Environmental Defence Society
Mitigation 30 min
Peter Reaburn Environmental Defence Society
Planning 15 min
Garth Eyles Garth Eyles Land management
limitations 15 min
Rhea Dasent Federated
Farmers Environmental wellbeing and mauri
30 min
Antony Roberts Fertiliser
Association of New Zealand Incorporated
Nutrient management 15 min
Charlotte Rutherford
Fonterra Co-operative Group Limited and Dairy NZ
Best practice 15 min
Dr David Mcall Fonterra Co-operative Group Limited and Dairy NZ
Best practice Nitrogen management
15 min
Dr Thomas Stephens
Fonterra Co-operative Group Limited and Dairy NZ
Best practice 15 min
Andrew Curtis Irrigation NZ Water take consent 10 min
9
Andrew Borland Mr Apple NZ Minimum flows Existing industry
10 min
Andrew van Workum
Mr Apple NZ Minimum flows Groundwater Existing industry
10 min
Adolf Stroombergen
Mr Apple NZ Section 32 analysis Existing industry
15 min
Ian McDoe Mr Apple NZ Minimum flows Groundwater Existing industry
20 min
John Bright Mr Apple NZ Minimum flows Groundwater Existing industry
20 min
John Wilton Mr Apple NZ Minimum flows Existing industry
15 min
Richard Hill Mr Apple NZ Minimum flows Groundwater Existing industry
15 min
Richard Peterson Mr Apple NZ Minimum flows Groundwater Existing industry
20 min
Sarah Gerard Gerard Land
Design Landscape 15 min
Xan Harding Harding Family
Trust Land use 15 min
Sylvia Allan Hastings District
Council Regional development 30 min
Charlotte Drury HBRC Consents 30 min Alison Mary Dewes
Hawke’s Bay Fish and Game Council
Environmental effects 20 min
Anthony Rhodes Hawke’s Bay Fish and Game Council
Environmental effects 20 min
Corina Jordan Hawke’s Bay Fish and Game Council
Environmental effects 20 min
Gilbert Zemansky Hawke’s Bay Fish and Game Council
Environmental effects 20 min
Helen Marr Hawke’s Bay Fish and Game Council
Environmental effects 20 min
10
Jonothan Abell Hawke’s Bay Fish and Game Council
Environmental effects 20 min
Peter McIntosh Hawke’s Bay Fish and Game Council
Environmental effects 45 min
Phillip Percy Hawke’s Bay Fish and Game Council
Environmental effects 20 min
Russell Death Hawke’s Bay Fish and Game Council
Environmental effects 45 min
Bruce Mackay Horticulture New
Zealand Existing industry Socio-economic
30 min
Chris Keenan Horticulture New Zealand
Existing industry Socio-economic
15 min
David Frederick Horticulture New Zealand
Existing industry Socio-economic
15 min
Andrew Bashford Ruataniwha Water
Users National planning instruments
20 min
Ian McIndoe Ruataniwha Water Users
Groundwater levels 15 min
Julian Weir Ruataniwha Water Users
Groundwater modelling 15 min
Richard Dankins Ruataniwha Water Users
Community engagement 20 min
John Bright Ruataniwha Water Users
Water quantity 20 min
Kelvin Lloyd Te Taiao HB
Environment Forum
Ecological effects 30 min
Roger Maaka Te Taiwhenua o
Tamatea Tangata whenua engagement Mana Whenua Working Group Mitigation
90 mins
Michael Copeland
Te Taiwhenua o Tamatea
Socio-economic effects Engagement with tangata whenua
45 min