Board Minute and Direction 34

BOARD MINUTE AND DIRECTION 34

BOARD OF INQUIRY

EAST WEST LINK PROPOSAL

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 notices of requirement and applications for resource consent made by the New Zealand Transport Agency in relation to the East West Link roading proposal in Auckland.

THE BOARD OF INQUIRY Dr John Priestley (Chair) Alan Bickers (Deputy Chair) Michael Parsonson Sheena Tepania

AND B Tree and A Gilbert for Stratex Group Ltd B Matheson for Jafaar Holdings Ltd and Mount Wellington Highway B Carruthers, S H Pilkinton and D Owen for Fonterra Brands (New Zealand) Ltd P Mulligan, V Evitt and K Zhang for New Zealand Transport Agency

DATE 29 August 2017

MINUTE ON AGREED RESOLUTION OF SOME ISSUES

1. The Board have received a number of joint memoranda where Parties and the Transport Agency have resolved in full, or in part, issues pertaining to the Transport Agency’s proposal. In addition to those addressed in earlier memoranda, the Board has considered the following:

a. Stratex Group Ltd, dated 24 August 2017;

b. Jafaar Holdings Ltd and Mount Wellington Highway dated 28 August 2017;and

c. Fonterra Brands (New Zealand) Limited dated 29 August 2017.

2. The joint memoranda are annexed to this Minute and marked, ‘A’, ‘B’, and ‘C’ respectively. 3. The agreements reached are conditional on the proposal being approved, and jointly request a number of conditions and a modification to the designation should the Board confirm the Notices of Requirement, and grant the applications for resource consent.

4. To the extent necessary, the Board grants leave to the named Parties to withdraw from this proceeding.

For the Board:

Dr John Priestley CNZM, QC Chairperson

SHOWN LAND REQUIRED FOR LEGAL DESCRIPTION CT TOTAL AREA (m2) REQUIRED AREA (m2) 4070-A Road Lot 1 DP 65735 614588 21858 20016 4070-B Temporary Occupation Lot 1 DP 65735 614588 21858 315 TOTAL 21858 20331 L Increased Area of Designation 13445 m²

d oa R rk Pa a lvi Sy

VU4070-B

VU4070-A

v i

t G s r e e V a t S o u th R o a d

M W

H H

W M S

M S M

H W

W H W

S M

S W H M H

H S

S W

W M

H M W

W S S W H M

M H MHWS W

S S

H M L MH o WS c kh a 0 rt 55 110 220 Metres M P H l eld W a tfi

S es S c W e W H ce M Pla DISCLAIMER INCREASED AREA OF DESIGNATION S The information shown on this plan is solely REV:C LRP ID HW Stratex (NZ) Limited PREVIOUS DESIGNATION

M for PWA purposes.

H DATE: 24/08/2017

W 4070

S All information shown is subject to final design 19-21 Sylvia Park Road, Mount Wellington TEMPORARY OCCUPATION S

M and confirmation of designations.

S LAND REQUIRED M

H W

W H A3 SCALE 1:1,500 S M The Information is based on data provided by LINZ and is subject to survey. East West Link DESIGNATION

H W File: W:\CAD\ArcGIS\TGI\55_Workspaces\01_mxd\NOR and LRP\Working\Stratex_Old_New_Designation_Comparison.mxd

W H S S M M H W W H S M

M S H W W H M M S H W S

S W H M S W H

H M

M S H W W H S M

M S

M H W H W H M W S

S W

H M

M H M W

S H W

S S M W HW H S M MHWS

MHWS

H W

S S W H

M M

W S

W M H

M S

W S

S S

W H M W H

W S

W H

H W

M H W S

W H

M BEFORE A BOARD OF INQUIRY EAST WEST LINK PROPOSAL

IN THE MATTER of the Resource Management Act 1991 (RMA)

AND

IN THE MATTER of a Board of Inquiry appointed under section 149J of the Resource Management Act 1991 to consider notices of requirement and resource consent applications made by the New Zealand Transport Agency in relation to the East West Link roading proposal in Auckland

SUBMITTER Stratex Group Limited (Sub: 126326)

MEMORANDUM ON BEHALF OF STRATEX GROUP LIMITED

DATED 24 AUGUST 2017

PO Box 3798, Auckland 1140 TELEPHONE +64 9 353 9700 FACSIMILE +64 9 353 9701 [email protected] PARTNER RESPONSIBLE: BIANCA TREE 18610371 1 CMW Court 1

MAY IT PLEASE THE BOARD OF INQUIRY:

1. Stratex Group Limited (Stratex) lodged a submission on the notices of requirement and applications for resource consent by the New Zealand Transport Agency (NZTA) for the construction and operation of the East West Link arterial road connection between Onehunga and Mt Wellington and associated works (EWL) which are being considered by the Board.

2. Stratex’s submission relates to its business operation at 19-21 Sylvia Park Road (Stratex Site). Stratex sought in its submission that the Board of Inquiry modify the notice of requirement to include all of the Stratex Site within the designation boundary.

3. We refer to the joint memorandum on behalf of NZTA, Tram Lease Limited and Stratex dated 24 August 2017 requesting a modification to the notice of requirement boundary for the designation to include all of the Stratex Site.

4. If the Board approves the modification of the notice of requirement boundary to include the Stratex Site as sought, this will address the relief sought by Stratex. Accordingly, Stratex wishes to advise the Board that it no longer seeks to appear before the Board to present its evidence (as it was scheduled to do so on 28 August 2017), and confirms that the proposed modification to the notice of requirement boundary addresses the issues raised by Stratex in its submission and evidence.

5. We confirm that Stratex does not withdraw its submission on the EWL, and note that the submission is relied on to support the request to modify the notice of requirement boundary.

6. Counsel can appear before the Board to address any questions arising if requested.

DATED this 24th day of August 2017

______Bianca Tree Counsel for Stratex Group Limited

18610371 1

BEFORE A BOARD OF INQUIRY EAST WEST LINK PROJECT

UNDER Section 149E of the Resource Management Act 1991

AND

IN THE MATTER of notices of requirement and applications for resource consent by NEW ZEALAND TRANSPORT AGENCY in respect of the proposed East West Link project

SUBMITTER JAFAAR HOLDINGS LTD and MOUNT WELLINGTON HIGHWAY LTD (Sub: 126205)

JOINT MEMORANDUM OF COUNSEL ON BEHALF OF THE NEW ZEALAND TRANSPORT AGENCY AND JAFAAR HOLDINGS LTD AND MOUNT WELLINGTON HIGHWAY LTD RECORDING SETTLEMENT

MAY IT PLEASE THE BOARD

1. Jafaar Holdings Ltd and Mount Wellington Highway Ltd (“Jafaar”) lodged a submission with respect to the notices of requirement and applications for resource consent by the New Zealand Transport Agency (“NZTA”) for the construction and operation of the “East West Link” arterial road connection between Onehunga and Mt Wellington, and associated works (“EWL”), which are being heard by the Board.

2. The key issue raised in Jafaar’s submission and the statement of evidence it has filed relates to the effect of the EWL Project on access to, and potential redevelopment of, Jafaar's site at 430 Mt Wellington Highway ("the Site"). Jafaar raised particular concerns about the impact that NZTA's proposal to permanently designate or acquire a 5m strip along the Site's frontage at Mount Wellington Highway will have on access to the Site.

3. During the course of the hearing process for the EWL, Jafaar and NZTA have been in discussions about how best to address the potential adverse effects of the EWL on access and redevelopment of the Site. Jafaar and NZTA have agreed that, in the event that the EWL is approved by the Board, it is appropriate to impose conditions addressing Jafaar’s concerns as follows:

(a) The Requiring Authority shall consult with the owner of the land at 430 Mt Wellington Highway (Lot 1 DP 188694) during preparation of the Outline Plan in relation to the location and design of vehicular access to and from the site to Mt Wellington Highway and the proposed Auckland Transport AMETI corridor.

(b) As part of the Outline Plan prepared under section 176A of the RMA, the Requiring Authority shall demonstrate how the following outcomes will be achieved:

(i) Vehicular access from the land under the proposed EWL to SH1 ramps, to the boundary of the proposed Auckland Transport AMETI corridor; and

(ii) Vehicular access from the land to Mt Wellington Highway.

(c) The Outline Plan shall detail the input and comments from the land owner, describe how this has been incorporated into the design and, where any input has not been incorporated, set out the reason why). (Condition DC.16)

4. This condition was most recently provided to the Board as part of the proposed conditions dated 19 July 2017 (Revision No. 3).

5. However, since preparing this condition, further changes to address Jafaar’s concerns have been agreed in respect of the EWL Project, whereby NZTA has agreed not to permanently designate or acquire a 5m strip of the Site's Mt Wellington frontage.

6. Jafaar’s submission and evidence also raised a concern about the uncertainty associated with the length of time over which works would occur on the Site. NZTA’s position is that it is simply not possible for it to be definitive about any specific end date at this point and therefore cannot agree to inserting a condition specifying a date by which time NZTA’s works on the Site must cease. NZTA agrees that this uncertainty would need to be addressed during the land requirement negotiations under the Public Works Act that need to be held between the parties, outside of this process. Jafaar accepts that position.

7. Jafaar's submission would therefore be resolved:

(a) If the Board imposes the condition set out in paragraph 3(a) – (c); and

(b) On the basis of NZTA's promise not to permanently designate or acquire the 5m strip along the Site's Mt Wellington frontage.

8. NZTA and Jafaar agree that the proposed condition is lawful, enforceable, and within the scope of submissions on the EWL Project. To the extent that there is any question regarding the Board’s jurisdiction to impose this condition, NZTA confirms that it agrees to the imposition of the condition on an Augier basis.

9. Accordingly, NZTA and Jafaar respectfully request that in the event that the Board is minded to approve the designations and resource consents sought by NZTA for the EWL, that it impose the condition set out in paragraph 3(a) – (c) above.

10. On this basis, and with the Board's leave, Jafaar will not take any further active part in the remainder of the hearing to the extent that:

(a) Jafaar will not call any of the evidence that has been presented in respect of its submission; and

(b) Jafaar's witness, Mr McGarr, is excused from attending the hearing.

DATED 28 August 2017

______Patrick Mulligan / Vanessa Evitt Counsel for the New Zealand Transport Agency

DATED 28 August 2017

______Bal Matheson Counsel for Jafaar Holdings Ltd and Mount Wellington Highway Ltd

BEFORE A BOARD OF INQUIRY EAST WEST LINK PROJECT

UNDER the Resource Management Act 1991

AND

IN THE MATTER of notices of requirement for designations and resource consent applications by the New Zealand Transport Agency for the East West Link Project

JOINT MEMORANDUM OF COUNSEL ON BEHALF OF FONTERRA BRANDS (NEW ZEALAND) LIMITED AND THE NEW ZEALAND TRANSPORT AGENCY

29 AUGUST 2017

B S Carruthers / S H Pilkinton

/ D Owen P +64 9 367 8000 F +64 9 367 8163 PO Box 8 DX CX10085 Auckland

3370583 1

MAY IT PLEASE THE BOARD

1. INTRODUCTION

1.1 Fonterra Brands (New Zealand) Limited (" Fonterra ") owns and operates the Tip Top ice cream production facility and site at 113 Carbine Road, Mt Wellington (" Tip Top Site "). The new southbound onramp that connects the New Zealand Transport Agency's (" Transport Agency ") East West Link Project (" Project ") to State Highway 1 at Mt Wellington will be built on and along part of the western edge of the Tip Top Site.

1.2 Fonterra filed a submission on the notices of requirement and resource consent applications in relation to the Project, along with three briefs of evidence (from Ms Larisa Thathiah, Mr Peter Millar, and Ms Karen Foster) which set out Fonterra's concerns with the adverse effects the Project as notified would have on the Tip Top Site.

1.3 Fonterra and the Transport Agency (together, " the Parties ") have continued to engage throughout the hearing process in constructive discussions regarding Fonterra's concerns.

1.4 The Parties are pleased to advise the Board that those discussions have resulted in agreement being reached on the extent of the Tip Top Site to be taken or occupied for the Project and the wording of all relevant conditions.

1.5 Accordingly, this memorandum:

(a) outlines the manner in which, with the Board's approval, the Parties intend to approach the remainder of Fonterra's participation in this hearing process, and the understanding upon which this approach is based;

(b) sets out the agreed conditions that the Parties ask the Board to impose, if it confirms the notices of requirement and grants the associated resource consents sought by the Transport Agency for the Project;

3370583 2

(d) respectfully requests that the Board grant Fonterra leave to formally be excused from the remainder of the hearing process.

2. PRESENTATION OF FONTERRA'S CASE

2.1 In light of the changes made to the land requirement plan and the proposed conditions since the commencement of the hearing, the Parties consider it is no longer necessary for Fonterra to appear before the Board to present hearing summaries and closing legal submissions, and / or otherwise participate in the hearing process.

2.2 However, the Parties consider that Fonterra's submission on the Project, evidence, opening legal submissions, and cross examination of Transport Agency witnesses should stand and remain on the Board's record of inquiry to the extent necessary to provide jurisdiction and the evidential basis for the Board to amend the extent of the Tip Top Site to be designated and impose the conditions that have been agreed by the Parties.

2.3 The Parties' agreement in respect of these matters is based upon the shared understanding that, in relation to the land affected by the designation:

(a) The Project's land take and designation boundaries as they apply to the Tip Top Site are shown on the amended land requirement and vehicle tracking plans attached to this memorandum and marked Appendix A , rather than the earlier iterations of these plans that were attached to the primary expert evidence of Ms Karen Foster. 1

1 New Zealand Transport Agency: East West Link, Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mt Wellington, Rev G, 19.07.2017. LRP ID 5097, and New Zealand Transport Agency: East West Link Road Alignment Tip Top Tracking 21.07.17, Z5A- SK-25-210. See also Transcript of proceedings, cross examination of Ms Lesley Hopkins, 27.07.17, p 2256 – line 30-34, where Ms Hopkins confirms the Transport Agency intends to deliver on the updated plans it has produced for the Tip Top Site.

3370583 3

(b) The Transport Agency will liaise with Fonterra as landowner during the outline plan and detailed design process regarding the depth of the sub-strata designation, including in relation to the location of services at the Tip Top Site and to ensure no impact on the usability of the truck turning circle.

2.4 The Parties' agreement also reflects the focus on appropriately managing construction effects, rather than seeking a redesign of the Project to reduce or address any permanent landscape and visual amenity effects. The permanent effects can be addressed (if appropriate) in the Public Works Act process to follow.

3. CONSTRUCTION EFFECTS AT THE TIP TOP SITE

3.1 Fonterra and the Transport Agency have agreed that, in the event the Board confirms the notices of requirement and grants the associated resource consents for the Project, the conditions attached to this memorandum as Appendix B should be imposed.

3.2 The agreed conditions would address Fonterra's concerns with the Project's adverse construction effects on the Tip Top Site, in that they ensure:

(a) The existing tanker truck turning circle at the Tip Top Site will not be adversely affected by construction associated with the Project, unless otherwise agreed with Fonterra (CT.4A).

(b) Appropriate temporary and permeant fencing and structures will be put in place at the Top Tip Site such that it can continue to operate safely, securely and practically during and after construction of the Project (RC.11(k)).

(c) Buildings, activities, pipework and other underground infrastructure at the Tip Top Site are appropriately identified and assessed for their sensitivity to construction vibration associated with the Project, and that the effects of construction vibration on them will be appropriately managed (CNV.7A and CNV.7B).

3370583 4

4. SITE VISIT TO TIP TOP SITE

4.1 The Parties anticipate that the Board may still wish to visit the Tip Top Site, given its location and vantage point over the Project's proposed State Highway 1 southbound onramp.

4.2 Fonterra remains willing to host the Board on a site visit at the Tip Top Site, should the Board wish to undertake one.

5. REQUEST TO WITHDRAW

5.1 In light of the agreement the Parties have reached as to the amended land requirement, the engagement to finalise the depth of the sub-strata designation and the conditions to manage construction effects, the Parties respectfully request that:

(a) Fonterra's submission, evidence, opening legal submissions, and cross examination stand on the Board's record of inquiry insofar as it relates to the effects of the Project on the Tip Top Site.

(b) The designation boundary is amended to reflect the amended land requirement plan attached to this memorandum and marked Appendix A .

(c) The agreed conditions attached to this memorandum as Appendix B are imposed on any resource consents and notices of requirement in relation to the Project.

(d) Fonterra be excused from further attending and participating in the hearing.

DATED 29 August 2017

B S Carruthers / S H Pilkinton / D Owen Counsel for Fonterra Brands (New Zealand) Limited

3370583 5

P Mulligan / V Evitt / M Gribben Counsel for the New Zealand Transport Agency

3370583 6

Appendix A:

New Zealand Transport Agency: East West Link, Fonterra Brands (Tip Top) Limited 113 Carbine Road, Mt Wellington, Rev G, 19.07.2017. LRP ID 5097,

and New Zealand Transport Agency: East West Link Road Alignment Tip Top Tracking 21.07.17, Z5A-SK-25-210.

3370583 M H W

W S

WS M MH H W M S HW S

MHW S MHWS

H W

SHOWN LAND REQUIRED FOR LEGAL DESCRIPTION CT TOTAL AREA (m2) REQUIRED AREA (m2) 5097-A Road Part Lot 1 DP 171989 NA105A/567 54548 319 5097-B Sub-Strata Easement Part Lot 1 DP 171989 NA105A/567 54548 212 5097-C Temporary Occupation Part Lot 1 DP 171989 NA105A/567 54548 315 L

lace dor P Gaba

C a r b in e

R o a UV5097-C d

S ta 5097-A te UV H ig h w A3 INSET SCALE 1:400 a y 1 UV5097-C UV5097-B

UV5097-A

UV5097-B

ive nui Dr T otu e H

A P p l 0 50 100 a u 200 Metres c n e g a

DISCLAIMER DESIGNATION The information shown on this plan is solely REV: G LRP ID Fonterra Brands (Tip Top) Limited SUB-STRATA EASEMENT for PWA purposes. DATE: 19/07/2017 All information shown is subject to final design 113 Carbine Road, Mount Wellington 5097 TEMPORARY OCCUPATION and confirmation of designations. LAND REQUIRED The Information is based on data provided by A3 SCALE 1:1,500 LINZ and is subject to survey. East West Link AFFECTED PARCEL(S)

Appendix B: Conditions to be imposed on consents and notices of requirement as agreed between the Parties

3370583

Appendix B Agreed conditions

Fonterra's submission raised a number of concerns with the proposed conditions. Some of these were addressed in the version circulated in the Agency's primary evidence, some were addressed in the version circulated in the Agency's rebuttal evidence, and some were addressed in the version tabled by Ms Hopkins during the hearing (dated 19 July 2017). Additional changes have since been agreed which address the remaining concerns with the proposed conditions.

The underline below show only the additional changes to be made to the 19 July 2017 version.

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments AQ.1 The Consent Holder shall avoid, as far as practicable, dust, offensive or AQ.1 objectionable odour and fumes arising from construction activities at any point beyond the boundary of the Project site that borders a highly sensitive receiver or air pollution sensitive land use. AQ.2 AQ.2 As part of the CEMP prepared in accordance with Condition RC.10, the Consent Holder shall prepare a Construction Air Quality Management Plan (CAQMP) to meet Condition AQ.1. The CAQMP shall outline the measures to be adopted to avoid, as far as practicable, dust, offensive or objectionable odour and fumes arising from construction activities beyond the boundary of the Project site that borders a highly sensitive receiver or air pollution sensitive land use. The CAQMP shall, as a minimum, address the following: (a) Description of the works, anticipated equipment/ processes and durations; (b) Periods of time when emissions of odour, dust or fumes might arise from construction activities; (c) Identification of air pollution sensitive land uses likely to be adversely affected by emissions of odour, dust or fumes from construction activities; (d) Methods for mitigating dust that may arise from construction site exits used by trucks, potentially including the use of vacuum sweeping, water sprays or wheel washes for trucks; (e) Methods for mitigating odour that may arise from ground disturbing construction activities; (f) Methods for maintaining and operating construction equipment and vehicles in order to manage visual emissions of smoke from exhaust tailpipes (g) Methods for undertaking and reporting on the results of daily inspections of construction activities that might give rise to odour, dust or fumes; (h) Methods for monitoring and reporting on the state of air quality during construction, including Total Suspended Particulate, wind speed, wind direction, air temperature and rainfall; (i) Procedures for maintaining contact with stakeholders, notifying of proposed construction activities and handling complaints about odour, dust or fumes; (j) Construction operator training procedures; and (k) Contact numbers for key construction staff, staff responsible for managing air quality during construction and Council officers.; and

3370583 1

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments (l) Identification of contingency measures to address verified effects on property in the event of a process malfunction or an accidental dust discharge. AQ.3 The CAQMP shall be prepared in general accordance with the guidance AQ.3 contained in the Good Practice Guide for Assessing and Managing Dust, Ministry for Environment, 2016 and the Good Practice Guide for Assessing and Managing Odour, Ministry for Environment, 2016 and shall be implemented throughout the entire construction period of the Project. AQ.4 The Consent Holder shall undertake all works in accordance with the AQ.4 CAQMP for the duration of Construction Works. CNV.2 NoR 1 (a) The CNVMP shall be prepared in accordance with Annex E2 of New Zealand Standard NZS6803:1999 ‘Acoustics – Construction Noise’ NoR 2 (NZS6806:1999) and the NZ Transport Agency’s State highway construction and maintenance noise and vibration guide (version 1.0, 2013). (b) The CNVMP shall, as a minimum, address the following: (i) Description of the works, anticipated equipment/processes and their scheduled durations; (ii) Hours of operation, including times and days when major construction activities would occur; (iii) The construction noise and vibration criteria for the project; (iv) Identification of affected houses and other sensitive locations where noise and vibration criteria apply; (vi) management and mitigation options, including alternative strategies adopting the Best Practicable Option where full compliance with the relevant noise and/or vibration criteria cannot be achieved; (vii) A procedure for developing and implementing the management schedules (as required by conditions CNV.6A, CNV.7A and CNV.7B) forming part of this CNVMP; (viii) Methods and frequency for monitoring and reporting on construction noise and vibration; (ix) Procedures for maintaining contact with stakeholders, notifying of proposed construction activities and handling noise and vibration complaints; (x) Construction equipment operator training procedures and expected construction site behaviours; (xi) Contact details of the site supervisor or project manager and the Requiring Authority’s Project Liaison Person (phone, postal address, email address); (xii) Procedures for the regular training of the operators of construction equipment to minimise noise and vibration as well as expected construction site behaviours for all workers; and (xiii) Identification of businesses which operate processes, machinery or equipment that may be unreasonably disrupted by construction vibration even where the Project vibration standards are met. For any such businesses a site specific management plan in accordance with CNV.7B shall be prepared and implemented.

3370583 2

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments CNV.5 NoR 1 Construction vibration shall be measured in accordance with ISO 4866:2010 Mechanical vibration and shock – Vibration of fixed structures – NoR 2 Guidelines for the measurement of vibrations and evaluation of their effects on structures , and shall, as far as practicable, comply with the Category A construction vibration criteria in Table CNV2. (a) If measured or predicted vibration from construction activities exceeds the Category A criteria, a Suitably Qualified Person must assess and manage construction vibration during those activities. This shall involve engagement with the affected receivers to discuss the nature of the work and the anticipated days and hours when the high vibration works are likely to occur; and (b) If measured or predicted vibration from construction activities exceeds the Category B criteria then Condition CNV.7A applies.

Table CNV2 Construction Vibration Criteria

Receiver Details Category A Category B Occupied PPFs Inside the Night-time 2000h - 0.3mm/s ppv 1mm/s ppv building* 0630h Daytime 0630h - 2000h 1mm/s ppv 5mm/s ppv

Blasting – vibration 5mm/s ppv 10mm/s ppv

Free field Blasting - airblast 120dBL Zpeak - Other occupied buildings Inside the Daytime 0630h - 2000h 2mm/s ppv 5mm/s ppv building All other buildings

Building 5mm/s ppv Tables 1 foundation and 3 of DIN4150- 3:1999**

Free field Airblast 133dBL Zpeak

* For vibration, protected premises and facilities (PPFs) are dwellings, educational facilities, boarding houses, homes for the elderly and retirement villages, marae, hospitals that contain in-house patient facilities and buildings used as temporary accommodation (e.g. motels and hotels). ** German Standard DIN 4150-3:1999 “Structural Vibration - Part 3: Effects of Vibration on Structures” CNV.7A NoR 1 (a) A Site Specific Construction Vibration Management Plan (SSCVMP) shall be prepared by a Suitably Qualified Person, in consultation with NoR 2 the owners and occupiers of sites subject to the SSCVMP, when construction vibration is either predicted or measured to exceed the Category B criteria at the receivers in Condition CNV.5.

3370583 3

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments (b) The objective of the SSCVMP is to set out the Best Practicable Option for the management of construction vibration effects. The SSCVMP shall as a minimum set out: i) Construction activity location, start and finish dates; ii) The predicted vibration level for the construction activity; iii) An assessment of each building and any pipe work to determine susceptibility to damage from vibration and define acceptable vibration limits that the works must comply with to avoid damage; iv) The mitigation options that have been selected and the options that have been discounted as being impracticable; v) The proposed vibration monitoring regime; vi) The consultation undertaken with owners and occupiers of sites subject to the SSCVMP, and how consultation outcomes have been taken into account; and vi). The pre-condition survey of buildings which document their current condition and any existing damage. (c) The SSCVMP shall be submitted to the Council for certification at least 5 working days, where practicable, in advance of Construction Works which are covered by the scope of the SSCVMP. CNV.7B (a) The SSCVMP shall also be required in circumstances when NoR 1 construction vibration is predicted to adversely affect commercial activities NoR 2 located within 50m of Construction Works that are verified by a Suitably Qualified Person as being uniquely sensitive to construction vibration due to the nature of specialised equipment and/or the nature of the building materials (e.g. asbestos). At a minimum, a SSCVMP shall be prepared for:

• Stratex Group Limited site, 19 – 21 Sylvia Park Road; and

• Fonterra Tip Top site, 113 Carbine Road. With respect to this site, "activities" in condition CNV7.B(b) includes: o underground wet services (including stormwater drainage and wastewater); o earthenware pipes; o underground cabling (including 11kV and 400V power cables and associated switchboxes); o ducted services; and o other core underground infrastructure which the landowner has confirmed to the Requiring Authority, in writing, prior to Commencement of Construction.

(b) In addition to the requirements of CNV.7A, the SSCVMP shall include, with respect to those vibration sensitive commercial activities: i) Identification of the activities which are uniquely sensitive to construction vibration, and the reasons why; ii) An assessment of the sensitivity of the activities to construction vibration;

3370583 4

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments iii) Construction vibration criteria for the vibration sensitive commercial activities; and iv) A process for dealing with any disagreement which may arise, particularly in relation to the determination of the vibration limits. CT.4 NoR 1 (a) Site/activity specific Traffic Management Plans (TMPs) shall be prepared where any Project construction activity varies the normal traffic NoR 2 conditions of any public road. (b) The TMP shall be reviewed by an engineer with a minimum of a current Level 2/3 Site Traffic Management Supervisor Non-Practicing qualification. Any comments and inputs received from the reviewer shall be clearly documented. (c) The Requiring Authority shall provide the TMP to the relevant Road Controlling Authority for approval. (d) The purpose of the TMP is to identify specific construction methods to address the particular circumstances, local traffic and community travel demands within the area covered by the TMP. The TMP shall describe the measures that will be taken to manage the traffic effects associated with Construction Works within the area covered by the TMP. (e) In particular the TMP shall describe: (i) Temporary traffic management measures required to manage impacts on road users during proposed working hours; (ii) Temporary effects on on-street parking and proposed measures to minimise those effects; (iii) Delay calculations associated with the proposed closure/s and detour routes; (iv) The capacity of any proposed detour route(s) and their ability to carry the additional traffic volumes and any known safety issues associated with the detour route, including any mitigation measures the Requiring Authority proposes to put in place to address any identified safety issues; (v) Individual traffic management plans for intersections of the Project with arterial roads; (vi) Measures to maintain, subject to health and safety requirements, existing vehiclular access to adjacent properties and businesses to accommodate the types of vehicles normally accessing the site during normal working hours for that site unless alternative access arrangements are agreed; (vii) Measures to maintain 24 hour per day access for road legal vehicles from Onehunga Harbour Road to Onehunga Wharf for existing businesses and for emergency vehicles. If any particular access point cannot be maintained or reconfigured, appropriate alternative arrangements for continued access to the wharf are to be made where practicable. Short term closures of access to the wharf may occur only after prior consultation with existing business operators regarding the timing and duration of the proposed closure. Unless otherwise agreed with existing business owners, no closure of access to the wharf shall exceed a duration of 4 hours within any 24 hour period;

3370583 5

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments (viii) Measures to minimise the temporary effects of Construction Works on on-site parking on directly affected properties and opportunities to provide alternative temporary parking where practicable to do so; (ix) Measures to maintain, where practicable, safe and clearly identified pedestrian and cyclist access on roads and footpaths adjacent to the Construction Works. Where detours are necessary to provide such access the Requiring Authority shall provide, as far as practicable, the shortest and most convenient detours; (x) Consideration of over dimension and overweight routes including any feedback received from established organisations representing the freight industry; (xi) Any proposed temporary changes in speed limit; (xii) Provision for safe and efficient access of construction vehicles to and from construction site(s); (xiii) The measures that will be undertaken by the Requiring Authority to communicate traffic management measures to affected road users, cyclists and pedestrian and other stakeholders; and (xiv) The consultation undertaken with CLGs, business forums and affected properties owners/occupiers in relation to proposed temporary traffic management and measures that will be undertaken to address issues raised.

CT.4A NoR 1 Any contractors carrying out works on, beneath, or in close proximity to, the existing tanker truck turning circle at the western edge of Fonterra's Tip Top NoR 2 Site at 113 Carbine Road, shall adopt and implement construction techniques that do not impact on the use of that turning circle, unless otherwise agreed with the landowner. RC.11 RC The CEMP shall be prepared in accordance with the NZ Transport Agency’s Guideline for preparing Environmental and Social Management Plans (dated April 2014) and include: (a) Confirmation of the proposed staging and sequence of construction; (b) An outline construction programme; (c) Contact details of the site supervisor or project manager and the Consent Holder’s Project Liaison Person (phone, postal address, email address); (d) Methods and systems to inform and train all persons working on the site of potential environmental issues and how to avoid remedy or mitigate any potential adverse effects; (e) The proposed hours of work; (f) Measures to be adopted to maintain the land affected by the works in a tidy condition in terms of disposal / storage of rubbish, storage and unloading of construction materials and similar construction activities; (g) Location of construction site infrastructure including site offices, site amenities, contractors’ yard access, equipment unloading and storage areas, contractor car parking and security; (h) Procedures for controlling sediment run-off, dust and the removal of soil, debris, demolition and construction materials (if any) from public roads or places adjacent to the work site; (i) Procedures for ensuring that residents, network utility operators, road users and businesses in the immediate vicinity of construction areas

3370583 6

Condition Ref Proposed conditions relevant to Fonterra and agreed amendments are given prior notice of the Commencement of Construction and are informed about the expected duration and effects of the work; (j) Means of providing for the health and safety of the general public; (k) Proposed temporary or permanent fencing or other structures along the boundary of the designation with adjacent sites in order to delineate site boundaries, maintain site security, prevent unauthorised access, ensure the safe and practical operation of adjacent sites, and to avoid intrusion of Construction Works beyond the designated land; (l) Measures to manage the potential impacts of construction on Council trees and vegetation; (m) Methods and measures to avoid, remedy and mitigate adverse effects on landscape amenity during the construction phase of the Project; (n) Procedures for the refuelling of plant and equipment; (o) Measures to address the storage of fuels, lubricants, hazardous and/or dangerous materials, along with contingency procedures to address emergency spill response(s) and clean up; (p) Procedures for the maintenance of machinery to avoid discharges of fuels of lubricants to watercourses and/or the Coastal Marine Area (CMA); (q) Procedures for responding to complaints about construction activities; and (r) Procedures for incident management.

3370583 7