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Marine Farming Association Incorporated and Aquaculture New

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Marine Farming Association Incorporated and Aquaculture New IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-CHC-2020- IN THE MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of an appeal under Clause 14, Schedule 1 of the RMA BETWEEN MARINE FARMING ASSOCIATION INCORPORATED a duly incorporated society having its registered office at 2 Alfred Street, Blenheim, 7201, New Zealand and AQUACULTURE NEW ZEALAND the trading name of New Zealand Aquaculture Limited, a duly incorporated company having its registered office at Level 1, Wakatu House, 28 Montgomery Square, Nelson 7010, New Zealand Appellants (Continued next page) NOTICE OF APPEAL Dated this 8th day of May 2020 Next Event Date: Judicial Officer: GASCOIGNE WICKS Appellants' Solicitor LAWYERS 79 High Street BLENHEIM PO Box 2 BLENHEIM 7240 Solicitors: Quentin A M Davies | Amanda L Hills Tel: 03 578 4229 ([email protected] | [email protected]) Fax: 03 578 4080 JSM-247198-151-5550-V10 AND MARLBOROUGH DISTRICT COUNCIL Respondent JSM-247198-151-5550-V10 1 Notice of Appeal to Environment Court against decision on a proposed Plan Clause 14(1) of Schedule 1, Resource Management Act 1991 To: The Registrar Environment Court Christchurch Name of Appellants and Decision Maker 1 Marine Farming Association Incorporated (“MFA”), of Blenheim, and Aquaculture New Zealand (“AQNZ”) of Nelson, appeal against part of the decision of the Marlborough District Council (“MDC”) on the proposed Marlborough Environment Plan (“the proposed Plan”). 2 MFA is a subscription based organisation, representing marine farmers at the top of the South Island of New Zealand. 3 AQNZ is the representative body for the New Zealand aquaculture industry, and is an industry organisation under the Commodity Levies Act 1990. 4 MFA and AQNZ each made a submission on the proposed Plan. 5 A number of MFA and AQNZ’s members also made submissions on the Plan individually. AQNZ and MFA’s members’ marine farms should be appropriately considered, recognised and provided for in the mapping, identification and related provisions of natural character and landscape overlays and ecologically significant marine sites. Trade Competition 6 Neither MFA nor AQNZ are a trade competitor for the purposes of s 308D of the Act. Date of Decision appealed against 7 The reasons for the decision were released from 21 February 2020, with the tracked changes decision version of the proposed Plan being released on 3 March 2020. Date on which Notice of Decision was received by Appellant 8 MFA and AQNZ received notice of the decision on 21 February and 3 March 2020. JSM-247198-151-5550-V10 2 The Decision and Reasons 9 While MFA/AQNZ are generally supportive of the proposed Plan provisions, they consider that some change is required to ensure that the proposed Plan: (a) Promotes the purpose of the Act, being the sustainable management of resources (section 5); (b) Is not contrary to Part 2 and other provisions of the Act; (c) Is not contrary to the New Zealand Coastal Policy Statement 2010; (d) Is not contrary to other relevant planning documents; and (e) Will meet the reasonably foreseeable needs of future generations. 10 In particular, and without limiting the generality of the above paragraph, the parts of the decision that MFA and AQNZ are appealing and the reasons for the appeal are as follows: Use of Natural and Physical Resources 11 New objectives and policies should be inserted into Chapter 4 of Volume 1 of the proposed Plan which have the effect of: (a) Recognising existing uses of natural and physical resources (new policy 4.1.1A). (b) Recognising that human uses have become part of the character of the Marlborough Sounds (new objective 4.3A or new policy 4.3.6)). 12 Chapter 4 needs to identify that the proposed Plan starts from the position that community, social, economic and cultural activity occurs within Marlborough. Those activities are central to the fabric of Marlborough. It is from that position that Marlborough should be planned for. Landscape and Natural Character 13 MFA and AQNZ appeal: (a) The natural character provisions in Chapter 6 of Volume 1, and the landscape and amenity provisions in Chapter 7 of Volume 1 of the proposed Plan. (b) The extent of mapping of Outstanding Natural Character, Very High Natural Character, High Natural Character, and Outstanding Natural Landscapes and Features in Volume 4 of the proposed Plan. JSM-247198-151-5550-V10 3 (c) The extent of mapping of Very High Natural Character and High Natural Character as shown in Maps 1, 2, 3 and 4 of the Natural Character Rating Maps in Volume 4 of the proposed Plan. (d) The extent of mapping of Outstanding Natural Landscapes and Features as found in Landscape Maps 1, 4 and 5 in Volume 4 of the proposed Plan. (e) The methodology underpinning the above mapping. (f) The methodology and content in the Landscape Schedule of Values at Appendix 1 and the Coastal Natural Character Schedule of Values at Appendix 2, Volume 3 of the proposed Plan. (g) The lack of recognition of marine farms as part of the existing environment of the Marlborough Sounds in the above mapping and Appendices. (h) Policy 7.2.12 in Chapter 7 of Volume 1 of the proposed Plan. (i) Policy 13.2.1(a and (g)) in Chapter 13 of Volume 1 of the proposed Plan. (j) Appendix 4 of Volume 3 of the proposed Plan. 14 The reasons for the appeal include: (a) The evaluation must be at the appropriate geographic scale treating landscape, feature or natural character areas a whole. (b) ONF and ONL boundaries and the corresponding boundaries for natural character should be legible and coherent to the community. (c) There should be a correlation between the Outstanding Natural Landscapes and Features mapping in Volume 4 and the landscapes identified at Map 2, Appendix 1 of Volume 3 of the proposed Plan. (d) An assessment of biophysical attributes is the appropriate starting point for assessment in respect of natural character and landscape. (e) The scheduling of landscapes, features and natural character needs to go beyond broad generic descriptions of values if a schedule is to serve its intended purpose in assisting consent application processes. The proposed Plan needs to provide as much certainty as possible on what is being protected and why. The proposed Plan fails to achieve Policy 4.3.3. JSM-247198-151-5550-V10 4 (f) The policies and other methods should identify parameters within which change could occur, and where change is anticipated specify the extent to which change may occur in the schedules. (g) In line with that, in terms of the new landscape cumulative effects policy 7.2.12, recognition should be given to existing modifications,1 because cumulative effects in the coastal environment are best addressed through a strategic planning approach.2 (h) In relation to policy 13.2.1(a) it is the values and not the characteristics and qualities of landscapes and features which are relevant. In relation to policy 13.2.1(g) it is community expectations and not individual expectations about coastal amenity values which are relevant. (i) The provisions incorrectly equate amenity as a subset of landscape, and further equate visual amenity as amenity generally. Indigenous Biodiversity 15 The MFA and AQNZ appeal: (a) Policy 8.1.1 of Chapter 8 in Volume 1 of the proposed Plan in that it ought to be amended to refer to Appendix 3 of Volume 3, and the requirement for an expert panel assessment in advance of a Schedule 1 process. (b) The commentary of Policy 8.1.2 of Chapter 8 of Volume 1 of the proposed Plan, as it refers to buffers around Ecologically Significant Marine Sites (ESMS). (c) Policy 8.3.1(d) of Chapter 8 of Volume 1 of the proposed Plan. (d) That a new Policy 8.3.2B be inserted in of Chapter 8 of Volume 1 of the proposed Plan, which seeks to identify parameters within which change could occur. (e) Policy 8.3.4 of Chapter 8 of Volume 1 of the proposed Plan. (f) Policy 8.3.6 of Chapter 8 of Volume 1 of the proposed Plan, to the extent that the word “criteria” should be replaced with the word “factors”. 1 As per the MFA’s submission on natural character cumulative effects policy 6.2.7 (now 6.2.6 in the Decisions Version). 2 In accordance with policy 7(2) NZCPS 2010. JSM-247198-151-5550-V10 5 (g) Policy 8.3.8 of Chapter 8 of Volume 1 of the proposed Plan, to the extent that existing aquaculture should be excluded from the ambit of the policy. (h) Method of implementation 8.M.1 of Chapter 8 of Volume 1 of the proposed Plan, to the extent that existing aquaculture should be excluded from the ambit of prohibited activity rules. (i) Method of implementation 8.M.4 of Chapter 8 of Volume 1 of the proposed Plan, to the extent that it refers to buffers around ESMSs. (j) Rules 16.6.6, 16.7.6 and 16.7.7 in Chapter 16 of Volume 2 of the proposed Plan. (k) Appendix 3 in Volume 3 of the proposed Plan. (l) Appendix 27 in Volume 3 of the proposed Plan, to the extent that the buffers overlap with existing marine farms. (m) The extent of mapping of buffers around ESMSs in Volume 4 should be removed where it overlaps an existing marine farm. (n) The mapping of ESMSs and the buffer where it overlaps with existing marine farms in respect of: (i) ESMS 3.8 on ESMS Maps 3, 4 and 8 in Volume 4; (ii) ESMSs 3.13 and 3.14 on ESMS Map 9 in Volume 4; and (iii) ESMS 6.3 on ESMS Map 14 in Volume 4.
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