Westhaven Marina Pile Berth Redevelopment

Resource Consent Application and Assessment of Environmental Effects

April 2018

CONTENTS

1.0 INTRODUCTION ...... 1 2.0 THE APPLICANT AND PROPERTY DETAILS ...... 7 3.0 PROPOSAL ...... 8 4.0 SITE AND LOCALITY DESCRIPTION ...... 19 5.0 BACKGROUND ...... 25 5.1 Consent History ...... 25 5.2 Strategic Waterfront Goals ...... 29 6.0 CONSENT REQUIREMENTS...... 33 6.1 Introduction ...... 33 6.2 Auckland Unitary Plan – Operative in Part...... 33 6.3 Auckland Regional Plan: Coastal Plan (ARPC) ...... 38 6.4 National Environmental Standard: Soil ...... 39 7.0 ENVIRONMENTAL EFFECTS ASSESSMENT ...... 40 7.1 Character and Amenity ...... 40 7.2 Visual & Landscape ...... 46 7.3 Economic ...... 50 7.4 Social ...... 51 7.5 Cultural ...... 53 7.6 Navigation & Safety ...... 55 7.7 Coastal ...... 57 7.8 Geotechnical ...... 62 7.9 Contamination (Dredging and Earthworks) ...... 62 7.10 Stormwater ...... 63 7.11 Transportation ...... 64 7.12 Noise ...... 72 7.13 Summary of Effects ...... 72 8.0 STATUTORY ASSESSMENT ...... 73 8.1 New Zealand Coastal Policy Statement (NZCPS) ...... 73 8.2 Hauraki Gulf Marine Park Act (2000) (HGPMA) ...... 76 8.3 Auckland Regional Policy Statement (ARPS) ...... 79 8.4 Auckland Unitary Plan Operative in Part ...... 83 8.5 Auckland Regional Plan: Coastal (ARPC) ...... 88 8.6 Public Access to the Coastal Edge ...... 89 9.0 CONSULTATION ...... 90 10.0 PART II RMA ...... 91 11.0 CONSENT DURATION PERIOD ...... 94 12.0 NOTIFICATION ...... 94 13.0 OTHER MATTERS ...... 95 14.0 SECTION 104D NON COMPLYING ACTIVITIES ...... 95 15.0 CONCLUSION ...... 96

Supporting Documents Provided

Attachment A. Westhaven Marina - Plans Attachment B. Westhaven Marina – Visual, Landscape and Urban Amenity Assessment & 3D Images Attachment C. Traffic Impact Assessment Attachment D. Navigation & Safety Report Attachment E. Ecological Report Attachment F. Berthage Demand Information Attachment G. Civil Engineering & Infrastructure Report Appendix A – Geotechnical Analysis Report Appendix B – Hydraulic Analysis Report Appendix C – Mudcrete Contamination & Leaching Report Appendix D – Hydraulic Flushing Report Attachment H. Acoustic Report Attachment I. Letters of Support Attachment J. Westhaven Plan 2013 Attachment K. NZCPS Assessment Attachment L. Auckland Regional Plan: Coastal Assessment Attachment M. Contaminated Soils Management Plan

1.0 INTRODUCTION

This planning report and assessment of effects is submitted in support of the resource consent applications to Auckland Council for works within Westhaven Marina by Panuku Development Auckland (Panuku).

Figure 1: Westhaven Marina Aerial View

The proposal includes an extension of the north-western breakwater and causeway (via reclamation) to connect to the north-eastern breakwater in order to provide public open space and parking, as well as access to berthage. The public open space has been designed in conjunction with the Panuku Mana Whenua Forum. The proposal also includes the conversion of 103 existing pile moorings to 117 marina berthage in order to meet public demand for additional marina berthage in Westhaven. Public access to and along the Coastal Marine Area (CMA) is proposed via a public promenade around the coastal edge.

The applicant requests public notification of the application.

Figure 2: Proposed Marina Berths

Tamaki Herenga Waka (Westhaven) Precinct is specifically recognised within the Auckland Unitary Plan and the purpose of the precinct is to provide for the use and development of the marina. Westhaven has been the focus for recreational and competitive boating activities within Auckland for many years.

Outside of the Unitary Plan controls and requirements, the Westhaven Marina management team have launched a programme to continually and progressively improve the environment within and around Westhaven. Previous improvements that have been undertaken include the following environmental and planning improvements:

 Enhancing the public access and general amenities of Westhaven, such as the boardwalk around the marina, public amenities such as seating and water fountains.  Replacement of existing H6 treated timber piles (treated timber piles for marine environments) with a combination of concrete or steel piles encapsulated with a protective coating such as polyethylene sleeves in order to improve water quality by avoiding leaching from timber piles in the Coastal Marine Area;  All materials now chosen within the marina are sustainable and based on life expectancy. For example this includes utilising fastening devices made from long lasting composite materials as opposed to galvanised steel (which corrodes in the coastal environment and only lasts for 15 years before requiring replacement). Further, any timber materials are sourced from sustainable forests.  Stormwater treatment devices have been progressively installed around Westhaven in order to improve the quality of discharges.

The pile berth redevelopment project (subject of this application) will result in further enhancements for the Westhaven Marina and will include the following specific environmental improvements/effects:

 The opportunity to provide improved public access to wider parts of the marina through a new public space which has been designed in conjunction with iwi though the Panuku Mana Whenua Forum.  The conversion of 103 existing pile berths to 117 marina berths, which is where the current demand lies. A number of pile moorings will still remain after the completion of the works (to the east of the proposed works)  The removal of hundreds of old treated timber piles and use of concrete or steel ones instead.  Proposed rain gardens and stormwater filtration devices to treat stormwater and remove contaminants from stormwater discharges.  The closure of the western marina entrance by the proposed reclamation will reduce navigation conflicts within the marina and prevent sediment from entering the marina from this point and will also reduce maintenance dredging requirements within the marina. While this will reduce the flushing time of the marina, this effect can be mitigated as any residual pollutants can be removed physically through manually removing any rubbish or other floating material that might otherwise have moved into the wider harbour.  The proposed reclamation will be undertaken through use of dredged material from within Westhaven or the nearby vicinity mixed with concrete to form mudcrete. The benefit of constructing a reclamation using harbour dredgings in this area is that it removes existing potentially contaminated seabed material and encapsulates this dredged material within the mudcrete and the resulting

reclamation. While the process involves reclamation, in this instance it effectively connects two areas that have previously been reclaimed as opposed to reclamation in an unmodified part of the Coastal Marine Area.  It is acknowledged that the proposed works will impact existing biota in the vicinity of the proposed works, however the diversity and abundance of the biological community and the small area of works means that the environmental effects will be minor and it is expected that the ecology of the area will return to the area within 1-3 years with similar rock sizes and types being used as part of the new rock walls.  Additional boats – Although there will be some increase in vessel numbers and vessel sizes, the effects of passive release of antifoulants will be mitigated by requiring , through berth licenses or rental agreements, all boats to use low copper or no copper paints.

This application requires land use consents and coastal permits under the Auckland Unitary Plan - Operative in Part (AUP: OiP) and the Auckland Regional Plan: Coastal. It is noted that a new occupation permit is not required as an existing occupation permit is held by Panuku for the waterspace subject to this application (Permit No. 39073). This permit will not expire until 20 January 2047. No additional occupation rights are being sought or required for this application as all works are within the coastal occupation permit boundary and within the Westhaven Marina Precinct as defined by the AUP: OiP.

Westhaven Marina is one of the largest marinas in the southern hemisphere and has become an integral part of Auckland’s city centre waterfront. It also contributes significantly to Auckland’s reputation as the City of Sails and its significant maritime history. The marina has grown to include a number of commercial marine operations and also includes a wider range of complementary businesses. Importantly however the marina continues to provide access to the Coastal Marine Area (CMA) for the wider public (via public boat ramps, beach and access to and along the coastal edge).

The outcomes facilitated through this application, will enable Westhaven Marina to continue to grow as a world-class marina facility and an integral asset to the region’s marine industry. The proposal will also support the coastal recreational needs of the region’s population and will facilitate improved access to and along the CMA.

These outcomes are supported by the wider redevelopment strategies for Auckland’s Waterfront, as identified within the Waterfront Plan (2012), the Westhaven Plan (2013) and the AUP: OiP. The Westhaven Plan was widely consulted in 2013 and emphasised that Westhaven has always been zoned

4 and planned for as a publicly accessible marina and recreation area. The development of marina berthage and reclaimed public space connected to the existing north western breakwater and causeway comprise one of the identified land and waterspace projects (page 30) of the Westhaven Plan. As part of the Plan, there is also an active approach towards the creation of new promenades and open space opportunities, to which the proposal will contribute.

The Westhaven Plan is supplementary to the Waterfront Plan (2012, refreshed in 2017) and details how the marina will developed over the next 30 years. The Waterfront Plan provides high level outcomes that are to be achieved for the city centre waterfront, while the Westhaven Plan specifies how these outcomes will be implemented.

The Westhaven Plan outlines several key projects that will improve the marina facilities and broader locality. This application is consistent with the design context and principles of the Westhaven Plan. This is further outlined in section 5 of this report. In summary, the proposal reflects the strategic themes of the plan which include:

 Culture & heritage;  Sustainability;  Marina needs, growth & development;  Public access, activation and sense of place; and  Movement, transport and carparking demands.

A number of other projects identified in the Westhaven Plan have already been implemented or consented including the waterfront promenade, Y Pier redevelopment and the Westhaven Marine Centre. These developments have established Westhaven as a highly successful waterfront destination that has attracted significant public demand to it. In particular, the public amenity benefit of the waterfront promenade has attracted a high number of visitors to this locality, in order to enjoy the public access to the coastal edge provided by the applicant (through other applications).

As noted above, the proposal will result in increased marina berthage, in order to meet the demands of the local Auckland and wider regional boating community. This will provide economic benefits that can be invested in the marina and wider locality in order to ensure appropriate maintenance, enhancement and development of this facility (including the development of the Westhaven Plan projects) into the future.

The proposal also enhances public access to the CMA through the provision of additional public open spaces and access to the coastal edge and will ultimately form part of a wider urban open space network along the waterfront. Public access to the CMA is a significant aspect of the region’s social and cultural identity and is a significant objective that is reflected in the provisions of the New Zealand Coastal Policy Statement (NZCPS). This proposal will enhance public access to and engagement with the waterfront by providing a unique public open space which will attract people to use the space, appreciate its cultural elements and absorb/appreciate the coastal seascape.

The application will contribute to the wider pedestrian network as it will result in an extension of the Westhaven promenade and contribute to the Blue Edge and Green Network principles of the Westhaven Plan. In conjunction with a number of other projects including the Marine Centre, Harbour Bridge Park and potentially Skypath; Westhaven Marina forms the ‘western bookend’ to the City Centre waterfront. The integration of all these projects is a key initiative of the Waterfront Plan aiming to creating a connected, vibrant and engaging urban waterfront.

This report addresses the relevant matters required under Section 88 of the RMA and an assessment of actual and potential effects of the proposal as outlined in Schedule 4 of the RMA.

2.0 THE APPLICANT AND PROPERTY DETAILS

Applicant: Panuku (Panuku Development Auckland Limited) Occupation Permit Holder: Panuku (Panuku Development Auckland Limited) Address: Westhaven Drive & Breakwater Legal Descriptions: Lots 12 & 11, DP 133386 Site Area: 12,674m2 of existing land plus 6,300m2 of new land to be reclaimed Auckland Unitary Plan: Operative Tamaki Herenga Waka (Westhaven) Precinct in Part Precinct & Zoning Coastal Marina Zone

Operative Coastal Plan Zoning: Regional Plan: Auckland Council Regional Plan: Coastal  Marina Management Area  General Management Area Additional Provisions: Regional Plan/s:  Subject to Westhaven Occupation Permit (Permit No. 39073) held by Panuku.  Subject to Ports of Auckland Limited’s deemed coastal permit pursuant to s384A of the Resource Management Act 1991. Designations: N/A Relevant Overlays:  Natural Heritage: Volcanic Viewshafts and Height Sensitive Areas – E10, Mt Eden, Extent of Volcanic Viewshafts  Natural Heritage: Volcanic Viewshafts and Height Sensitive Areas – E16, Mt Eden, Extent of Volcanic Viewshafts  Natural Heritage: Viewshaft Contours  Natural Resource: Significant Ecological Areas – SEA_T_6136  Natural Resource: Natural hazards – Coastal Inundation 1% AEP + 1m sea level rise

3.0 PROPOSAL

Westhaven Marina currently comprises berthage for up to 1950 vessels including a number of pile moorings. The marina provides berthage for a wide variety of boat types, shapes and sizes, thereby attracting a wide sector of the boating community to berth and launch (via the public boat ramp) at Westhaven. The facility is also a working marina and includes refuelling facilities and facilitates to undertake repair and maintenance of vessels. Four yacht clubs are also based on the northern edge of the marina.

The proposal includes an extension of the north-western breakwater and causeway (via reclamation) to connect to the north-eastern breakwater in order to create public open space, access to the new marina piers and parking (for the public and marina berth holders). The public open space has been designed in conjunction with Panuku’s Mana Whenua Forum. The proposal also includes the conversion of existing pile moorings to marina berthage in order to meet public demand for additional marina berthage in Westhaven.

This application will also further facilitate the following environmental improvements:

a reclamation using harbour dredgings in this area is that it removes existing potentially contaminated seabed material and encapsulates this dredged material within the mudcrete and the resulting reclamation. While the process involves reclamation, in this instance it effectively connects two areas that have previously been reclaimed as opposed to reclamation in an unmodified part of the Coastal Marine Area.  It is acknowledged that the proposed works will impact existing biota in the vicinity of the proposed works, however the diversity and abundance of the biological community and the small area of works means that the environmental effects will be minor and it is expected that the ecology of the area will return to the area within 1-3 years with similar rock sizes and types being used as part of the new rock walls. Additional boats – Although there will be some increase in vessel numbers and vessel sizes, the effects of passive release of antifoulants will be mitigated by requiring , through berth licenses or rental agreements, all boats to use low copper or no copper paints.

The proposal includes all associated works to facilitate the above outcomes and includes (but is not limited to) all the following works:

 Capital Dredging;  Mudcreting;  Reclamation;  Construction of new marina piers and berths;  Relocation of the Start Box;  Demolition of some existing structures at the eastern end of the existing breakwater and up to 180m3 of associated earthworks in relation to the existing land;  Marine & port accessory structures and services;  Public amenities;  Establishment of public open space, landscaping, pedestrian promenades, cultural elements, observation areas, and outlook structures; and  Infrastructure and carparking (including stormwater networks, raingardens, tree pits and filtration devices).

The concept designs for the proposed public open space include a waka themed outlook structure being used to create the basis of the overarching design of the public realm area of the development on the northern (harbour facing) side of the proposed new reclamation. The reclamation will comprise

9 approximately 6,300m2 of land comprising open space, parking, landscaping and accessways on the reclaimed land (Refer Figure 1 below). Consistent with the design and configuration of the existing breakwaters and causeway, the reclamation has battered edges clad in rock armour. These protect the reclamation from scour over time and slope outwards along the coastal edge. Hence, the footprint area of the reclamation on the seabed extends to approximately 13,000m2. The central focus of the space will be a cantilevered promontory on the north eastern edge of the extension of the reclamation which will be shaped as a waka. Additionally, it is proposed to establish 19 pouwhenua within the proposed open space.

Figure 3: Proposed Public Space Reclamation (Source Brown NZ Ltd Report)

The proposal is described and assessed in full detail in the reports/technical documents listed below, all of which form part of the application. These include the following:

Attachment H. Acoustic Report Attachment I. Letters of Support Attachment J. Westhaven Plan 2013 Attachment K. NZCPS Assessment Attachment L. Auckland Regional Plan: Coastal Assessment Attachment M. Contaminated Soils Management Plan

The various parts of the proposal are outlined in further detail below.

Dredging & Construction The construction elements of the proposal include demolition of some existing structures at the eastern end of the existing breakwater which include timber and steel structural elements and up to 180m3 of associated earthworks in relation to the existing land. These works will enable the proposed reclamation to tie into existing land. To establish the new marina berths and associated pier heads, pontoon accessways and supporting piles will need be driven into the seabed within the marina.

The construction works associated with the breakwater and marina extension will be limited to the northern section of the marina. The proposal intends to utilise construction methods and practices that will result in the best practicable outcome regarding the integrity of the proposed structures and minimise impact to the CMA.

This type of development is not uncommon in this part of the Auckland waterfront, with prior reclamations undertaken in Westhaven marina (by the Ports of Auckland) and previous reclamations for Te Wero Island and the Halsey Street reclamation undergoing similar construction processes.

Construction will include dredging, the construction of the public open space, the removal of 103 pile moorings and the construction of 117 new marina berths. This process is outlined in detail in the Civil Engineering and Infrastructure Report and is summarised as follows:

 Mobilisation and set up;  Testing of soil strengths and removal of soft soils;  Dredging in order to provide the approximate 75,000m3 of material required for the reclamation. The dredge material may come from in and around Westhaven or any nearby dredging works that may be in process at the time of construction works;

 Mixing process - most likely on a floating barge (dredged material is delivered to the plant by barges, mixed with cement and placed in the bund);  Stabilisation of marine sediment;  Mudcrete bund shaping to form an approximately 13,000m2 mudcrete foundation on the seabed;  The placing of a geotextile layer over the mudcrete bund (approximately a two week process) to act as a separation and filter layer between the mudcrete and the rock armour;  Placement of the rock armouring around the sloping outer faces of the reclamation to reduce wave run up and protect the mudcrete from scour over time;  Drilling of new piles for berthage construction and placement of pontoons; and  Construction of a piled promenade along the southern edge of the new reclamation.

Figure 4: Reclamation Site Plan (Source Beca)

Once completed, the 13,000m2 of seabed area to be reclaimed will result in approximately 6,300m2 of usable land as a result of the angled batter edge of the reclamation. The fill material for the reclamation will be compacted down and constructed to a height slightly above the proposed finished ground level (RL 5.2) to allow for settlement down to RL 5.2. After the new breakwater extension has settled, it will then be surfaced with asphalt and all associated landscaping for the carpark and the detailed design features.

All construction will be undertaken in accordance with relevant standards and codes of practice. Section 2.1 of the Civil Engineering and Infrastructure Report states that compliance with the New Zealand Building Code will be primarily achieved by compliance with AS/NZS 1170 used in conjunction with relevant material standards. Specific standards are listed in section 2.1 of the engineering report.

At present, the marina basin is dredged annually to remove any sediment accumulation that has not been flushed out by natural water flow through the marina. Sediment will continue to be removed on an annual basis to ensure that the quality of the waterspace is maintained and enhanced where possible, and to maintain under water levels in the marina in order to accommodate larger boats. An existing maintenance dredging consent exists for Westhaven which does not expire until 2050. The consent (Coastal Permit (R/REG/2014/1185) provides for up to a total of 525,000m3 of dredging within Westhaven with an annual allowance of 15,000m3 and a one off dredging allowance of up to 100,000m3.

The fill material is currently proposed to be re-purposed dredged material from the current annual dredging of the marina basin plus the capital dredging proposed as part of this application. The breakwater will be constructed from mudcrete which is a combination of dredged material and concrete, the same material used to create the existing breakwater.

Construction will also land modification in the form of removal of some footpath and paving (approx. 200mm deep) around the edge of the existing reclamation. Additionally a trench for an electricity cable is proposed to connect to the existing electricity source. Overall, the works will be less than 180m3. The area is considered as not likely to be a site containing a HAIL activity. However no PSI or DSI to assess this has been undertaken. The land is reclaimed and there is a risk that unconsented fill material may be present. As a result it is proposed (out of an abundance of caution to apply for the necessary consents under the NES and AUP, which are most likely discretionary activities. It is noted that the works would meet the relevant permitted activity conditions except for the 2 month duration of works period.

The applicant has prepared Contaminated Soils Management Plan to support the application.

Public Open Space Reclamation The proposal requires reclamation of the coastal marine area to extend the north-western breakwater and causeway to connect with the north-eastern breakwater. This extension will be a continuation of the rectangular shape of the existing breakwater and causeway which will result in the closure of the western entrance of the marina.

The extension will be approximately 175m in length and approximately 35m in width. The resulting footprint area as measured on the seabed will be approximately 13,000m2 with an estimated usable land area of 6,300m2 (as a result of the angled batter edges), roughly 60% of which will be impervious and will be used for car-parking and accessways. Due to the reclamation having sloping edges, the land area as measured at mean high water springs will be slightly larger at approximately 6,300 m2. The remaining 40% will be used for cultural elements, landscaping and open space. A series of open spaces are proposed, which are orientated towards the harbour and separated from the carpark by massed native planting, raingardens and the pouwhenua. The public open space will also include the relocated Start Box and public amenities (including seating, tables, bike stands, landscaping, planning, rubbish bins, playground equipment, lighting and shelters).

The design of the reclamation surface has evolved following extensive consultation with Panuku, Stephen Brown (Landscape Architect from Brown NZ Ltd.) and the Panuku Development Auckland Mana Whenua Collective. As a result, the current proposal responds positively to the Te Aranga Maori Design Principles. The particular elements that reflect these principles are set out below in the cultural effects assessment and within the Urban Design Report and Visual Assessment.

The open space will be located on the northern edge of the proposed extension and has been designed to be a unique public open space with a vantage point of the harbour. The development provides a seamless extension from the existing reclamation with a combination of formal and informal open spaces including an elevated lookout. The “waka headland concept” applied to the proposed open space will raise the level of the open space above the level of the car-parking area to create a type of terraced amphitheatre providing unique views of this part of the harbour. Specific design features include an open lawn and terraces at the western end, an informal ‘bush trail’ leading to a cluster of 19 pouwhenua (proposed to be up-lit) before arriving at the waka headland, which projects over the CMA. Provision will also be made for subtle, complementary lighting of the public open space.

Additionally, the marina extension will also include the continuation of Westhaven’s network of walkways and promenades which will allows users to walk around the perimeter of the entire northern breakwater extension, providing ongoing public access to the marina.

Figure 5: Proposed Public Space Concept (Source Brown NZ Ltd Report)

Whilst the northern part of the reclamation will be public space, the southern portion will be utilised for carparking. This will comprise a combination of berth holder parking and public parking but potentially open to public pedestrian use. Nonetheless, public access will be provided around the perimeter of the reclamation, varying in width between 5m to 10m to ensure that there is full public access to the water’s edge from the reclamation. This is a similar approach to that, which has been used in other parts of the City Centre waterfront such as Te Wero Island, the Eastern Viaduct, Viaduct Harbour and Lighter Quay.

Marina Berthage The extension of the breakwater will enable the conversion of a number of existing pile moorings to marina berths. The proposal includes the conversion of 103 pile moorings to 117 new marina berths. The new marina berths will range in size between 16m-32m, which is larger than the average berth size in Auckland of approximately 12.8m. The proposed berthage will meet the increasing demand for the occupancy of larger vessels.

The construction of the piles will most likely be in the form of either concrete or timber piles, with timber pontoons with flotation devices. Pile construction will involve a combination of drilling and driving. Vessel and berthage protection devices will be installed. Entry to the new marina berths will be via new pontoons that are connected to the reclamation. For safety and security purposes, each pontoon will have a lockable gate at the pier entry (as for other parts of the existing marina).

Transport & Infrastructure A summary of the relevant transport and infrastructure parts of the proposal is provided below.

Transport A detailed traffic impact assessment has been prepared by Todd Langwell from TPC. The assessment outlines the relevant aspects of the proposal, which are summarised below. From a traffic perspective, the proposal involves the replacement of 103 pile moorings with 117 marina berths. This means traffic movements and demand will be offset between the existing scenario and the proposed scenario.

Access to new berths, parking areas and public open spaces will be provided through the current northern reclamation access at the roundabout intersection of Westhaven Drive/Curran Street/Shelly Beach Road and walkways provided through the existing and new reclamation area.

The proposal will result in an extension of traffic movements from the north-western breakwater and causeway to the new reclamation via an accessway and vehicle manoeuvring area. The accessway will provide for two-way vehicle movement and provide access to 103, 90 degree carparks. The vehicle aisle width is 7.5m and each carpark will be 2.5m x 5m.

In terms of deliveries and servicing, on completion the proposed layout will provide for small loading spaces for deliveries and servicing in proximity to each of the pier heads. The existing parking areas will be available for larger trucks to park temporarily when carrying out deliveries.

With regard to construction traffic, Table 3 within the traffic assessment sets out proposed construction traffic movements, with the majority occurring during the mudcrete bunding and rock revetment process. Overall, the highest period of construction traffic results in approximately 12 trucks per day (24 movements) over 7 weeks. For the other construction processes, the majority of material will be delivered to the site by barge. Also construction and staff related traffic movements will likely comprise 20 vehicle movements per day for this same period.

Infrastructure In terms of infrastructure, the key element is stormwater. There will be localised power outlets, water supply and telecommunications that are carried through from the existing western breakwater. These elements will be addressed as part of any future Engineering Plan Approval process.

Details regarding stormwater management structures and systems, rain gardens, filtration devices, discharge outlets are addressed within the Civil Engineering and Infrastructure Report and are summarised below.

As an open air carpark greater than 1,000m2 is proposed, it is intended to use raingardens and tree pits as the main treatment devices for stormwater. Based on the draft “Bio retention: Technical Design Guide” (2015) by Auckland Council, the minimum treatment area is 2% of the impervious area. The catchment impervious area of the carparks and walking paths is approximately 7,600 m2 (including part of the existing reclamation). Therefore the minimum treatment area is approximately 160m2. The landscape plan has included a number of raingardens, each of which is approximately 25m2, requiring a minimum of 7 raingardens. The proposal includes approximately 10 raingardens in the carparks and several within the northern walkway area. Therefore the extent of raingardens and tree pits is more than adequate for treatment of stormwater.

A typical raingarden cross section is illustrated in Figure 6 below.

Figure 6: Typical Raingarden section (Source Beca)

A general arrangement of the raingardens and discharge locations is shown in Figure 5. There will be 3 discharge points into Westhaven marina comprising a 300mm diameter pipeline. Once constructed, the discharge outfalls will be added to the existing Westhaven stormwater outfall management and maintenance programme, which will ensure the stormwater system continues to operate efficiently.

Figure 7: Discharge Locations (Source Beca)

Summary The above section sets out the detail of the proposal that forms part of this application. As stated above, all of the technical reports and plans form part of the proposal and should be considered as part of the proposal. An overview image of the marina and its surrounds as it currently appears is set out below.

Figure 8: Westhaven Marina Aerial View

4.0 SITE AND LOCALITY DESCRIPTION

The Westhaven Marina is located at the western end of Auckland’s City Centre waterfront. It is located immediately to the east of the Auckland Harbour Bridge. It is bound to the south by Westhaven Drive and State Highway 1, to the west by the Point Erin headland, Harbour Bridge Park and State Highway 1, to the north by the northern reclamation and breakwater and to the east by the breakwater and Wynyard Quarter.

It incorporates all the waterspace and land in and around the marina within the Westhaven Precinct as outlined in Figure 9 below from the Unitary Plan.

Figure 9: Auckland Unitary Plan – Westhaven Precinct Plan

Under the AUP: OiP, the marina also falls within the Coastal: Marina Zone

( ).

Figure 10: Auckland Unitary Plan – Marina Zone

Westhaven Marina is overlooked by the landward part of St Marys Bay to the south, the Auckland Harbour Bridge and Shelly Beach Road and also has a significant interface with the surrounding Waitemata Harbour. The safe, sheltered waters of the marina are also popular with kayakers, paddle-boarders and other small boats in the marina.

Under the Auckland Regional Plan: Coastal, the applicable marina management area including the General Coastal Marine Area as indicated in the map above (refer Figure 11 below). The map outlines the location of the Westhaven Marina Management Area in the context of the wider waterfront. As noted the operative plan excludes part of the area now proposed from the “Westhaven Marina” delineation,

20 however the AUP: OiP has rectified this situation and includes all of the Westhaven Marina within the Westhaven Precinct and the Coastal: Marina Zone Figure 11: Auckland Regional Plan: Coastal – Map 29 – Westhaven Marina Management Area

The Marina currently comprises a significant number and variety of elements including berthage, commercial activities (marina offices, food and beverage activities, marine vessels brokers, marine industry activities, refuelling services), yacht club bases, parking and recreational activities (boating schools, public open spaces and promenades).

Marina Facilities Westhaven Marina currently includes approximately 1950 berths (both marina berths and pile moorings). The marina pile berthage is arranged into a number of piers labelled alphabetically around the C-shaped marina landward edge. The piers are accessed by gangways with access that is security controlled. The swing moorings are located within the open coastal space along the eastern edge of the marina.

Parking for approximately 1568 vehicles is located around the marina in proximity to the numerous piers. The parking spaces are also utilised by the commercial activities within the marina. Access to the marina is available from Westhaven Drive, which circumnavigates the marina. Westhaven Drive is a private road with a public access easement. This road provides access to all the parking areas within the marina and from the carparks to the berthage piers.

A public vessel launching ramp is located in proximity to Z pier which is located at the southern end of the marina. A public beach space is also located in this vicinity at St Mary’s Bay.

There are currently two vessel entrances to the marina. The western entrance/exit is approximately 60m wide. On either side of this entrance are rock breakwaters, which extend at an angle underwater. This entrance leads to a vessel transit area to the inner parts and fairway of the marina. The western entrance provides an exit route for vessels in the marina navigating to, and from, destinations to the west in the upper harbour, to the east and the wider Hauraki Gulf and the start line for yacht races.

The eastern entrance/exit is approximately 270 m wide. On the western side of this entrance is a rock breakwater and to the east is Wynyard Wharf. The fairway on the marina side of this entrance varies from approximately 130–270 m wide.

The eastern entrance is used by most vessels in the marina navigating to, and from, areas to the east (the Hauraki Gulf), including commercial vessels at Z pier, as well as vessels from Wynyard Quarter. The width enables a good separation of vessels.

Occupation Permit In terms of waterspace occupancy, there is a detailed history relating to occupancy rights over the Westhaven Marina waterspace and this is outlined in the section below. In terms of current occupancy rights, an application for a coastal permit (pursuant to Section 12(2)(a) of the RMA) to occupy the coastal marine area known as the “Westhaven Marina” was recently approved in 2012 . This includes all waterspace in and around Westhaven Marina as outlined on Figure 12 and 12a below. The occupation permit also covers the 20m wide waterspace area north of the existing Westhaven Reclamation and seawall and the “Vessel Transiting Areas” shown on Figure 9 below. For clarification, the Vessel Transiting Area does not include the current waterspace gap between the existing north-western breakwater and the north eastern breakwater. The occupation permit was granted for 35 years and ensures that existing functions of the Marina will be able to continue (navigation space and access to marina water space/structures, public access to the CMA) as well as allowing for the future co-ordinated development of Westhaven Marina.

A key aspect of the occupation permit was guaranteeing navigation and safety of the “Vessel Transiting Area”. The navigation channel has been secured for occupation under the permit to ensure they are kept open for navigation and not otherwise compromised by other forms of occupation, structures or activities.

The application also clarified Ports of Auckland’s (POAL) occupation rights over the water space between Westhaven Marina and Ferguson Wharf for port related commercial undertakings. The approved occupation permit operates in conjunction with the Section 384A consent held by POAL until it lapses in 2026. It was concluded that the approved occupation consent had no adverse effects on the on-going exercise of the POAL permit or various other occupation consents held by other parties.

It is important to note that the occupation permit is for continued occupation of an existing marina and adjoining water space. No additional occupation is proposed or required for this application. The marina is a recreational activity essentially and provides for accommodation of recreational vessels. It is recognised that the marina is also a commercial activity, but exists to enable recreational activities. No other recreational activities will be displaced by the proposed marina berthage and it is recognised that

23 marina berthage provides greater efficiency than the existing pile moorings in terms of vessel accommodation. Figure 12 and 12a: Westhaven Marina Occupation Permit Boundary and Vessel Transiting Area

5.0 BACKGROUND

5.1 Consent History Westhaven has a complex and detailed development history which evolved from the days of the Auckland Harbour Board and has been through changes of ownership entities and governing legislation. The consent history is important to establishing the lawful basis upon which the marina currently operates. A summary of the relevant consents is provided below.

It is noted that much of the development history is provided from the 1991 Planning Tribunal Decision (A100/91) on the proposed marina extension. The outcome of the decision is reflective of the marina that we see today.

Pre-1989 The original development of the sheltered boat harbour was undertaken by the Auckland Harbour Board following a significant storm event in 1918. Initially seawalls were built and progressively enlarged by reclamations through the 1920's and 1930's. The picture below, which includes moorings, established yacht club bases, vessel hardstands and jetties is dated 1940.

Figure 13: Westhaven Marina 1940

The first Westhaven Marina berths were constructed in 1963 by the Auckland Harbour Board. By 1977, 376 marina berths and 328 moorings had been developed by the Auckland Harbour Board.

A major redevelopment of the marina was undertaken by the Auckland Harbour Board in 1979-1982. This resulted in 1165 marina berths, 277 pile moorings and 85 swing moorings.

Between 1982 and 1989, an additional 36 marina berths (at the end of existing piers), 27 charter boat berths (Z Pier) and 27 pile moorings established. This brought the total number of berths to the following:

 Marina berths = 1201;  Pile moorings = 304;  Swing moorings = 85; and  Z Pier commercial berths = 27.

The total number of boats that could be accommodated at this time was 1,617.

December 1989 - Marina Extension Application lodged by Ports of Auckland Limited This application involved an extension to the marina in the vicinity of the current Marine Industry Association building reclamation (refer plans) and involved the following:

 5 new piers;  366 additional marina berths;  25 additional pile moorings; and  1.19 hectares of reclamation.

The application was made under the America's Cup Planning Act 1989 and was submitted to the America's Cup Planning Authority. The application sought a range of consents, approvals and dispensations for the proposed extension. On 25 September 1991, Decision A100/91 was made granting the following:

 4 new piers;  255 additional marina berths;  27 additional pile moorings; and  0.55 hectares of reclamation.

On 20 December 1991, the Planning Tribunal issued its final orders in relation to this application. It should be noted that the approval of the additional marina berths resulted in a commensurate reduction in the number of swing moorings - to a total of 50. A summary of the number of boats that could be accommodated within Westhaven Marina at this time is set out below:

 Marina berths = 1456;  Pile moorings = 331;  Swing moorings = 50; and  Z Pier commercial berths = 27.

The total number of boats that could be accommodated at this time was 1,864.

There are three subsequent approvals that then followed which enabled Westhaven to become the marina that it currently is today. These are as follows:

 Auckland Regional Council approval for reclamation and the extension of the marina - granted 17 March 1992.  Auckland Regional Council approval for occupation of the coastal marine area - granted 17 March 1992.  Department of Conservation approval for restricted coastal activities, being dredging and seawall construction - granted 30 March 1992.

The s384A Ports of Auckland deemed coastal permit was granted on 28 July 1994 (expires on 30 September 2026) for all of the downtown CBD Auckland waterfront, including Westhaven Marina. The s384A permit covers all of the area occupied by the Marina and also encapsulates all the waterspace covered by the 17 March 1992 occupation permit. As noted above, this is now superseded by Panuku’s coastal permit which does not expire until 20 January 2047.

Z Pier In 2002, the Z pier marina was reconfigured to its current form. It is noted that a number of piers were removed and realigned in order to provide for a more efficient berthage layout.

Y Pier In 2014, Westhaven Marina completed its Y Pier development which involved replacing 35 swing moorings 73 marina pile berths. The works included modern plinths, pump-out facilities and provision of multi-hull berths and fuel docks.

Westhaven Maintenance Dredging Consent (R/REG/2014/1185) On 17 February 2015, the Council granted consent to Waterfront Auckland to continue on-going maintenance dredging (and associated discharge of contaminants) that is currently enabled by Coastal Permits 21452 and (in part) 41382, within the Westhaven Basin, for a period of 35 years, involving the following:

 Maintenance dredging of a total volume of up to 525,000m3 of accumulated sediment, over a period of 35 years, at an average annual rate of up to 15,000m3, from locations throughout the “marina”; and

 The removal of up to 100,000 m3 (of the 525,000m3) of maintenance dredging in one dredging campaign.

Marina Management Rights To complete the picture, on 31 May 2004 POAL sold the marina and its management rights to Auckland City Council. A copy of the agreement is attached to this application. It effectively gave Auckland City Council that same rights that POAL were afforded under the existing consents. On 1 November 2010 the ownership of the marina transferred to the Auckland Waterfront Development Agency (now known as Panuku Development Auckland).

5.2 Strategic Waterfront Goals A number of documents exist which establish the long term strategic goals for Auckland's downtown waterfront. Many were debated and discussed in the public realm but were not subsequently adopted. The only documents that were fully publicly consulted and then subsequently adopted are as follows:

 Auckland Waterfront Vision 2040.  Waterfront Plan 2012;  Westhaven Plan 2013

These documents set out the ongoing development principles and aspirations for Westhaven and the CBD downtown waterfront and are considered to be relevant Other Matters in terms of section 104 of the RMA.

5.2.1 Auckland Waterfront Vision 2040 The “Vision” document identifies the need to preserve and enhance Westhaven Marina as a facility of international quality. This document was prepared and consulted during the Wynyard Quarter redevelopment process. The document supports the provision and retention of a variety of uses along the waterfront - the marina being an important aspect of this.

The Auckland Waterfront Vision 2040 outlines four key precincts along the waterfront. These are:

1. Westhaven Marina 2. Western Reclamation and Viaduct Harbour 3. The Central Wharves (Princes, Queens and Captain Cook)

4. The Port

The vision for Westhaven Marina is for it to be recognised as the southern hemisphere's most successful marine facility. The document states that the size of the marina combined with its close proximity to the CBD, the adjacent marine servicing industry and water based marine events and exhibitions, provide a unique environment and many opportunities for the future. The document recognises the importance of providing a balance between public access, open space, recreational uses, the boat clubs and building platforms. The existing occupation permit that existing within Westhaven will enable all these matters to be addressed in a comprehensive and integrated manner into the future in order to achieve the outcomes of the Vision.

Specifically, the Vision addresses three specific matters relevant to Westhaven. These are public access and open space, the recreational and boat clubs and building platforms. With regard to public access and open space, the Vision recognises that:

"Westhaven has the potential to become a more popular destination for Aucklanders and visitors to enjoy our "City of Sails" lifestyle and marine and sailing culture. Improving and extending walkways around the marina will help create attractive, safe access to the water's edge. Improving public access and enjoyment around the marina is a priority although this needs to be balanced with the special needs of boaties (e.g. security and boat access)." (Page 17)

In terms of the recreational and boat clubs, the document recognises that:

"The boat and yacht clubs are an integral part of Westhaven precinct and offer recreational opportunities to young Aucklanders through "learn to sail" school programmes. The small beach area in the marina precinct provides important waterspace for kayaks and sailing boats, with easy access to the water. The public boat ramp is another important community facility that needs protecting, providing one of the only public boat launch facilities on the CBD waterfront." (Page 17)

The future outcomes for the marina are identified as being ongoing public ownership, stakeholders and boat clubs being consulted in development planning and business planning that ensures the marina maintains its position as a competitive international facility.

5.2.2 Waterfront Plan 2012 The Waterfront Plan 2012 is a supporting document to the Auckland Plan. In terms of the Waterfront Plan, the continued redevelopment of Westhaven Area is a key element in achieving a more high quality, accessible and connected waterfront, of which Westhaven Marina plays an integral role. The Waterfront Plan replaces the Auckland Waterfront Vision 2040. Marina land and waterspace development is seen as an opportunity to achieve the following key goals:

 A Public Waterfront;  A Connected Waterfront.

“Ongoing redevelopment within the existing footprint, and maintenance of the marina infrastructure to increase berthage and continually improve facilities and services for berth owners and users. This includes replacement of existing structures and the addition of new structures to optimise water space, including the possible redevelopment of the north-eastern area, inside the existing breakwater.”

The plan identifies two principle drivers:

 Land-based development activates the public edge and provides better connections to the waterspace;  Better utilisation of the waterspace and upgrading of marine structures will ensure that the marina remains a quality internationally recognised facility.

5.2.3 Westhaven Plan 2013 The Westhaven Plan is a site specific strategic document that is a continuation of the Waterfront Plan, Westhaven Concept Plan (2009), the Draft Auckland City Council CBD Waterfront Masterplan (2007) and the 2040 Auckland Waterfront Vision (2005). The Westhaven Plan has been widely consulted upon prior to adoption.

The expansion of the marina has been identified as one of the key redevelopment projects for Westhaven. Modernising berthing infrastructure will ensure the marina will continue to be seen as a world class facility.

Reclamation operations are considered to be the most practicable option in reconfiguring and creating new waterspace and facilitate the marina expansion. It provides an opportunity to utilise the mudcreting process to remove seabed contaminants and contain them into a solidified landform.

The plan manages the conflict between the development objectives of marina users (this includes boat owners, berth holders entitlement users, boat and yacht clubs) and those promoting public infrastructure and access to the marina area.

As an extension of the Waterfront Plan, the Westhaven Plan includes the same principles in its vision for Westhaven:  A Smart Working waterfront  A Connected Waterfront  A Public Waterfront  A Liveable Waterfront

The above documents indicate a high level of consultation has been undertaken in relation to the development of the City Centre waterfront and in particular the future development of the Westhaven Marina.

6.0 CONSENT REQUIREMENTS

6.1 Introduction The proposal includes the creation of public open space (through reclamation), the provision of parking, conversion of pile moorings to marina berths and incorporation of the required infrastructure. As a result, the proposal requires development on both land and within the coastal marine area and will therefore require resource consents the AUP: OiP and the Auckland Regional Plan: Coastal (as the Minister of Conservation has not as yet approved the AUP: OiP coastal provisions.

The proposal seeks all necessary consent including for the following reasons:

 Earthworks  Reclamation  Marina activities and structures  Discharge of stormwater  Capital Dredging  Contamination Management

Without limiting this application being for all necessary resource consents, resource consents appear to be required at least under the following provisions below. Resource Consent is being sought to enable the proposal (as described in this report and the technical reports/plans attached) and the application intends to include all necessary consents for those activities to occur. The list of reasons for consent is not exhaustive and the application includes all necessary consents. If further consents are identified post lodgement of the application, these should also be considered as forming part of the application.

6.2 Auckland Unitary Plan – Operative in Part

The Auckland Unitary Plan – Operative in Part is addressed in this section of the report. The Unitary Plan combines district and regional planning provisions into one document. Under the AUP: OiP, all of Westhaven Marina, including the pile berthage expansion area as proposed within this application is provided for as an individual precinct. The precinct is named Westhaven – Tamaki Herenga Waka Precinct (Westhaven). The relevant provisions manage reclamation, marinas, activities and structures within Westhaven (on both land and in the CMA). Any activities not provided for under the Precinct are

assessed under the underlying Coastal: Marina Zone. Further, any consents required under the Auckland- Wide provisions or the Overlays, are also considered within this application.

All consents necessary under the Auckland Unitary Plan are sought. The following table sets out the consents required under the AUP: OiP in addition to the parts of the proposal that are considered to be permitted activities.

I213- Westhaven- Tamaki Herenga Waka Precinct

I213.4.1 – Activity Table Activity Status Comment

CMA Land

(A3) Reclamation or drainage not Discretionary Not Applicable A reclamation of approximately otherwise provided for 13,000m2 on the seabed which reduces to 6,300m2 above Mean High Water Springs is proposed, which requires a Discretionary Activity resource consent.

(A5) Maintenance dredging Restricted Not Applicable An existing maintenance dredging Discretionary, consent exists for the Westhaven however no Precinct and as such an additional consent required under maintenance dredging consent will this application not be required as part of this as valid consent application. already exists

(A6) Capital works dredging Restricted Not Applicable Dredging of approximately Discretionary 75,000m3 of dredge material will be required to undertake the reclamation an associated works. This will be taken from within and around the marina. As a result a Restricted Discretionary Activity resource consent is required.

(A22) Marine and port activities Permitted Permitted The use of buildings and structures for these activities is included in

this definition.

(A25) Parking accessory to Permitted * Permitted Parking is proposed as part of this permitted activities application on land once it has been constructed.

(A27) Marina berths Permitted Not Applicable Proposed as part of this application

(A28) Marine and port accessory Permitted Permitted These are proposed as part of this structures and services application and include fenders, piles, pontoons, handrails, lighting poles and fittings

(A31) Observation areas, viewing Restricted Restricted An observation area is proposed as Discretionary Discretionary platforms and boardwalks part of this application and as such Activity Activity a Restricted Discretionary Activity resource consent is required.

(A37) New buildings and Restricted Restricted Any other buildings not specifically Discretionary Discretionary alterations and additions to provided as permitted activities buildings not otherwise provided Activity * Activity will require a restricted for as permitted activities discretionary consent on land. A consent is sought under this rule for any other buildings (not otherwise provided for) that may be required in order to give effect to the proposed development.

(A38) Coastal marine area Discretionary Not Applicable Any other activities not specifically Activity structures or buildings not provided for will require a otherwise provided for discretionary activity resource consent. A consent is sought under this rule for any other structures (not otherwise provided for) that may be required in order to give effect to the proposed development.

It is noted that a number of the activities proposed are permitted, restricted discretionary activities or discretionary activities within the Precinct. Also, in terms of any land uses on top of the reclamation, the application seeks those consents under s89(2) which enables land uses to be consented concurrently with the consent to reclaim the land.

In terms of the Coastal- Marina Zone, the following provisions apply.

F3- Coastal – Marina Zone & F2 – Coastal – General Coastal Marine Zone

F3.4.2 – Activity Table Activity Status Comment

F2.4.2 – Activity Table CMA Land

(A7) Public Amenities Permitted* Permitted Public amenities includes seating, picnic tables, bike stands, landscaping and planting, public toilets, shelters, rubbish bins, lighting and playground equipment.

F2.19.8 (A114) Use and Activities Restricted The proposal involves impact Discretionary piling associated with the wharf extensions. Subject to rule F2.19.8 (A114) Underwater blasting, impact and vibratory piling, marine seismic surveys, consent is sought as a restricted discretionary activity.

Restricted discretionary

* In the CMA this means on existing structures or structures that consent is being sought on.

Resource consents are also required for the following matters:

E8- Stormwater Discharge & Diversion – Auckland-wide rules

E8.4.1 – Activity Table Activity Status Comment

(A10) Stormwater discharge not Discretionary The proposal involves discharge of otherwise provided for. stormwater back into the marina from the proposed reclamation.

E9- High Contaminant Generating Carparks – Auckland-wide rules

(A4) Development of a new high Permitted It is proposed to construct contaminant generating carpark approximately 4,000m2 of carpark (30 cars or more) greater than area and 103 carpark spaces. The 1,000m2 and up to 5,000m2. permitted activity standards are set out in rule E9.6.1.3 and require stormwater management devices. It is proposed to meet the standards within this rule.

E12- Earthworks

(A4) Earthworks up to 500m2 Permitted Approximately 180m2 of earthworks are proposed in relation to existing areas of land affected by this proposal. Dredging within the CMA is considered above.

(A8) Earthworks up to 250m3 Permitted Approximately 180m3 of earthworks are proposed in relation to existing areas of land affected by this proposal. Dredging within the CMA is considered above.

E30 – Contaminated Land

E30.4.1 (A2) Discharges of Permitted, subject to standards As the permitted standards cannot

contaminants into air, or into under E30.6.1.2. These can be be met and there is no DSI a water, or onto or into land from complied with including the Discretionary Activity resource disturbing soil on land 200m3 limit except for the 2 consent is sought. containing elevated levels of month duration limit. contaminants

Overall, the application is considered to be a discretionary activity under the Auckland Unitary Plan (Operative in Part).

6.3 Auckland Regional Plan: Coastal Plan (ARPC) The ARPC defines a different Marina Management Area than the AUP: OiP, as set out in Figure 11 of this report above. The redevelopment of the marina proposed as part of this application will occur predominantly outside the existing delineated marina management area identified on the planning maps. Reclamation works will involve the extension of the western breakwater towards the east. The extension of marina facilities will be provided through a series of structures (piles, floating/fixed walkways, docks, pontoons etc.) in the CMA.

In order to facilitate the proposal, the following consents are considered to be required.

 Clause 23.5.9 - The expansion of any marina beyond the boundaries of its respective Marina Management Area identified on the Plan Maps is identified as a discretionary activity.  Clause 13.5.3 - Reclamation within General Coastal Marine Zone is identified as a non-complying activity.  Rule 11.5.5 requires a discretionary activity resource consent for activities not otherwise provided for. Consent under this rule covers all the activities proposed under this application within both the Marina Management Area and General Management Area (and includes capital dredging and marina activities).  Rule 12.5.18 requires a discretionary activity resource consent for structures not otherwise provided for. Consent under this rule covers all the structures proposed under this application, within both the Marina Management Area and General Management Area (including piles, pontoons, walkways).

The application is considered to be a non-complying activity under the Auckland Regional Plan: Coastal. The Regional Coastal Provisions of the AUP: OiP have not yet been made operative by the Minister of

Conservation, as a result it is considered that the relevant provisions of the ARPC are required to be assessed as part of this application, until the Minister’s approval is given (which is expected in April 2018).

6.4 National Environmental Standard: Soil Overall, the land disturbed will be less than 180m3. The area is considered as not likely to be a site containing a HAIL activity. However no PSI or DSI to assess this has been undertaken. The land is reclaimed and there is a risk that unconsented fill material may be present. As a result it is proposed (out of an abundance of caution to apply for the necessary consents under the NES, which are most likely discretionary activities. It is noted that the works would meet the relevant permitted activity conditions except for the 2 month duration of works period.

Therefore a Discretionary Activity consent is sought under this standard.

7.0 ENVIRONMENTAL EFFECTS ASSESSMENT The following is an assessment of the environmental effects relevant to the proposed development. There are a number of positive effects associated with the proposal which have been outlined above in this report. Further analysis of positive effects are included in the assessment below.

7.1 Character and Amenity The RMA defines amenity values as those natural or physical qualities and characteristics of an area that contribute to peoples’ appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes. The character and amenity of the locality is determined by the immediate and surrounding uses, activities and structures. Westhaven Marina is located at the western end of the City Centre waterfront (although defined in the AUP: OiP as being outside the City Centre Zone). It is bound on its western edge by the Auckland Harbour Bridge and Westhaven Drive. The City Centre waterfront has been heavily modified over time and comprises a number of marine and non-marine related activities. These include the following (from east to west):

 The Ports of Auckland and associated major reclamations and wharfs;  Queens Wharf public open space, event and entertainment venues, cruise ship terminal and passenger services and regional passenger ferry terminal.  Princes Wharf entertainment, food and beverage and accommodation activities and hotel along with public promenades;  Eastern Viaduct and Te Wero Island reclaimed public open spaces;  The Maritime Museum and Hobson Wharf vessel berthage;  Viaduct Harbour accommodation, office and food and beverage activities, marina berthage and public open spaces, including reclamations;  Halsey Street Wharf and Western Viaduct Wharf including the Viaduct Events Centre and Fishing Industry berthage;  North Wharf food and beverage activities, berthage and ferry terminal;  Wynyard Quarter and Wynyard Wharf accommodation, office and food and beverage activities, berthage and public open spaces, including significant reclamations;  Westhaven Marina berthage structures, offices, food and beverage and marine activities, yacht clubs, reclamations and breakwaters, public boat ramps, public walkways and marina support activities.

Therefore the coastal environment (being the water and the land) is considerably modified in this location (on the edge of the largest city centre in New Zealand and on the same waterfront axis and New Zealand’s largest port), although the Waitemata Harbour retains an element of naturalness.

In assessing the effects on character and amenity, the proposal is to be assessed within the context of the existing occupation permit and existing marina precinct and zone. In this regard there are no other recreational activities being displaced by the reclamation and conversion of pile moorings to pile berths. This is because the waterspace is already utilise by a marina (as opposed to other coastal recreation activities such as water-skiing) and the proposal is seeking conversion from one type of berthage to another. The closure of the vessel access point will not displace a recreational activity and will re-direct vessel traffic to the main marina entrance point.

Further the proposed marina has a functional need to be located within the CMA and the associated public space and parking are an essential part of the marina. The marina establishes a functional need for the other associated activities as they are related to the marina and it has been accepted through other consents (Kennedy Point Marina) that the marina cannot economically function without directly associated parking and servicing areas. The parking areas are essential for marina berth holders to unload goods from their vehicles into the trolleys and then to the vessels. The carparks needs to be in proximity to the berths in order to enable operational and functional efficiency.

In this application, the character and amenity of the environment will change as the western breakwater will connect to the eastern breakwater through reclamation and 103 existing pile moorings will be converted into 117 marina berths. The berthage extension is a recreational activity as it essentially provides for accommodation of recreational vessels and will continue to do so through the conversion of some pile moorings to marina berths. The marina is also recognised as a commercial activity but exists to enable recreational activities. Marinas are already provided for within this location in the AUP: OiP and an existing occupation permit provides for this activity. The proposed public facilities, including carparking, open space, observation area and ancillary structures will provide enhanced amenities for the public who choose to visit this area. Further, the conversion of pile moorings to marina berthage will provide greater efficiency in terms of accommodation of vessels.

The ‘waka’ type outlook structure and light path will extend from the reclamation over the CMA and will provide an elevated outlook point over the Waitemata Harbour. This structure will either be supported by pole structures within the CMA or cantilevered over the CMA from the reclamation.

The area of reclaimed land that will comprise any future certificate of title will be approximately 6,300m2 (175m X 35m), which approximately equates to the area of land above the Mean High Water Springs (MHWS) mark. At seabed level, the footprint of reclamation is 13,000m2. In terms of the reclamation surface, the majority of land will be flat apart from a small rise towards the ‘waka headland’. The land surface will sit at approximately 4.7m above Chart Datum (CD). With regard to the pile berthage, this will replace 103 existing swing moorings with 117 pile berths of varying sizes.

The reclamation works will be consistent with the existing reclamation to the west in terms of shape and height above sea level and will be interpreted as a logical extension to this part of the waterfront and the existing marina. From a wider waterfront perspective, the character of the proposed reclamation will also be similar to Te Wero Island and part of the Eastern Viaduct – both within Viaduct Harbour. In terms of the marina berths proposed, they will be consistent in appearance with existing marina berthage within Westhaven and the other marinas in the Auckland region, thereby retaining similar characteristics to the immediate and wider environment.

Westhaven Marina itself has a distinctive coastal character in that as well as being part of the coastal marine area it also has a functional element as a working marina. This requires the activity to be located within the CMA and provides services for both commercial and recreational uses and users. The built form and physical characteristics of the marina can be characterised by a combination of berths, pile moorings, open waterspace areas (‘marina fairways’), reclamations, buildings, vehicle access and parking, footpaths and pedestrian promenades and commercial activities. These structures and the marina activity itself are important in setting the context against which this application should be considered.

As mentioned in the background section of this report, the marina has been developed from its original natural harbour state to the intensive marina facility it is today. This evolution has resulted in a high quality and highly accessible marina and has also resulted in this particular part of the CMA becoming highly modified.

In terms of the surrounding context, the marina is located within St Marys Bay and is bound by the Waitemata Harbour (north); Westhaven Drive (south and west); with the Northern Motorway and Auckland Harbour Bridge further to the south and west (directly behind Westhaven Drive); and the Wynyard Quarter waterspace and reclaimed land (east of the marina). Wynyard Quarter is occupied by a variety of commercial, marine industry, residential, public open space, food and beverage and other

associated business uses. The Silo Park marina is also located adjacent the western edge of Wynyard Quarter.

The Visual, Landscape and Urban Amenity Effects report from Brown NZ recognises the significant physical works that have been undertaken in relation to the surrounding environment in particular the Auckland Harbour Bridge and associated motorway. The report acknowledges that both the marina and bridge infrastructure provide a key component of the arrival/gateway experience from the north. While there are natural elements in this setting, including the cliff-line, the harbour and coastal Pohutukawa, the marina forms part of a robust working maritime environment that fronts the western end of the City Centre waterfront. The built form of the City Centre, inner city suburbs and Wynyard Quarter further frame this location and while the harbour and volcanic cones provide an important foreground and backdrop, it is the developed nature of the physical structures that dominate.

As a result there are no Outstanding Natural Landscapes or Features that are recognised in this locality or any areas of High to Outstanding Natural Character, identified in the relevant planning documents. Further in terms of the NZ Coastal Policy Statement, the setting would rate lowly in terms of the key natural character components identified in Policy 13(2). This policy addresses the following matters:

 Natural elements of the coastal environment;  Biophysical and ecological matters;  Natural landforms;  Natural movement of water and sediment;  Natural darkness of night sky;  Places that are wild or scenic;  A range of natural character from pristine to modified;  Experiential attributes

As concluded in the Visual, Landscape and Urban Amenity Effects report, the sea area and coastal margins around Westhaven Marina would rate lowly in relation to the factors listed above in terms of naturalness or natural character as a whole. The report confirms the significance of Westhaven as a component of the City’s highly modified cultural environment, but not as a component of the City’s more natural coastal environments.

As a result, from an overall character perspective the reclamation and marina extension are appropriate within this location and will contribute positively to the locality by increasing marina berthage capacity and other complementary activities including the creation of a new public open space, a public outlook structure and public access to the proposed open space and water’s edge. The proposal will also result in the conversion of existing pile moorings to new marina berthage. While this will alter the character of the immediate locality, by creating more intensive use of this part of the waterspace, it is considered appropriate within the highly modified character of this area of waterspace. Further, the existing occupation permit anticipates this location being used for marina purposes.

At present the marina has expanses of water that contribute to the openness of the area despite the structures in the waterspace. The reconfiguration of berths and other structures such as pile moorings, and waterways will be undertaken in a way that will be complimentary to the immediate context of the CMA and maintain these expanses of water, therefore maintaining the marina’s general sense of openness. The proposed berthage area is currently occupied by pile moorings structures and vessels. The expansion of the marina towards the east is considered the most practical and functional option. Any expansion north into the Waitemata harbour, beyond the existing breakwater would alter the “confined” nature of the existing marina layout and result in the marina extending beyond the existing coastal occupation permit and Westhaven Precinct boundary. No expansion north is proposed.

Figure 14: Perspective Image of Proposed Development

In terms of amenity, the following elements of the proposal will improve people’s appreciation of the area:

 The additional public open space;  The additional 103 carparks;  Improved public access to the water’s edge around the edge of the reclamation;  The establishment of a ‘waka’ outlook structure with light path;  The establishment of 19 pouwhenua and comprehensive native planting areas;  The establishment of additional marina berthage in order to meet current demand.

The above elements will ensure positive amenity outcomes whilst ensuring any character effects have been appropriately taken into account. Westhaven Marina contributes significantly to the aesthetic appeal of this part of the waterfront and will continue to provide for the social outcomes of Auckland’s maritime community. Further, the development will also provide for improved social and amenity outcomes for a wider range of the community, as it will provide benefits that are broader than just maritime users.

With regard to the potential amenity effects relating to noise and lighting, the proposal will comply with both the construction and operational standards that apply for noise and lighting. In terms of construction noise, it is proposed to drill any piled structures as opposed to driving such structures. In terms of lighting it is proposed to establish lighting elements around the pouwhenua, open space and carpark on the reclamation and security lighting on the pile berthage pontoons. As these elements will comply with the relevant standards and will be consistent with existing lighting and construction methodologies, any adverse effects are considered to be minor.

Summary The Visual, Landscape and Urban Amenity Effects report provides a detailed analysis of the relevant character and amenity matters relating to the locality and the impact that the proposed development has on these matters. A key issue is the visual coherence of the proposed development in relation to the existing and planned outcomes for Westhaven. It is considered that the modest nature of the proposed public open space reclamation and marina berthage will ensure the proposal retains a strong visual coherence to the existing marina development and the locality.

Overall, it is considered that the extension of the northern breakwater and establishment of marina berthage will result in only minor adverse character and amenity effects. However, there are a number of positive amenity effects that will result from the proposal and the net amenity result overall will be

positive. Activities and development proposed as a part of this application are consistent with the existing and planned character of the area and is considered to be an appropriate form of development in this part of the CMA.

7.2 Visual & Landscape The application includes a detailed assessment of visual, landscape and urban amenity effects prepared by Brown NZ Limited. This assessment is supported by visual simulations prepared by “buildmedia”. These technical reports provide a detailed analysis of the visual, landscape and urban amenity matters relevant to this application. One of the key visual and landscape elements of the proposal has been to reflect Te Aranga design principles that have been developed in conjunction with iwi (via the Panuku iwi consultation process). This consultation process has enabled a reclamation and marina berthage design that takes into account all feedback received to date. Importantly, the public open space that is proposed to be created through the reclamation comprises a comprehensively designed landscape with an informal walkway to a series of pouwhenua to a ‘waka headland’.

Westhaven Marina is visible from various vantage points including the Coastal Marine Area, the Auckland Harbour Bridge, Wynyard Quarter and from within the St Marys Bay neighbourhood. The marina is located within a highly modified part of the City Centre waterfront and incorporates reclamations, berthage, yacht club buildings, roading and parking. The area still maintains a sense of openness however, through low scale buildings, marina berthage configuration, the “marina fairways” and swing moorings. The proposal seeks the replacement of some swing moorings with pile berths and public open space extension. However the marina’s visual character will remain representative of existing and planned character of this locality, as anticipated within the AUP: OiP.

In terms of visual and landscape effects, the following points are noted.

Public Open Space Extension The maintenance and enhancement of public access to the coastal marine area is a matter of national significance as recognised in the RMA, Auckland Regional Policy Statement, the AUP: OiP and the ARPC. The proposal will include the creation of a new open space with a waka shaped outlook on the eastern edge of the existing breakwater and will also include a cantilevered waka shaped structure over the harbour and elevated above sea level (refer to Attachments A & G for detailed plans). This new public open space and public lookout will be established at the same level as the existing adjoining carpark area to the west and will provide greater opportunity for residents and visitors to access the area and engage

with this part of the waterfront and CMA. The philosophy is similar to that proposed for Wynyard Quarter’s coastal edge spaces along North Wharf and Silo Park and of Viaduct Harbour, where the public can access the City Centre coastal marine area and Queen’s Wharf, where the same approach is supported. It will also complement other planned or existing coastal edge public spaces along the City Centre waterfront including, the future Harbour Bridge Park, Wynyard Quarter Headland Park, Point Resolution and TEAL Park.

The new open space” in conjunction with Point Erin Park, the Skypath Project and the proposed Harbour Bridge Park will form the western bookend of the wider open space strategy envisioned for the City Centre waterfront. Combined with this, the Westhaven Promenade will provide public access along the water’s edge from the north-eastern end of the marina to Wynyard Quarter.

Waterspace Westhaven Marina is a highly modified part of the coastal marine area, which is discussed in detail in the above section of this report. A series of reclamation projects and previous redevelopment of the marina has resulted in the physical form and appearance of the marina at present. The marina provides for a variety of berthing options and access for visitors to enjoy this coastal setting. The areas of open waterspace, vessel transiting areas and the St Mary's Bay beach also form part of the marina area. Recreational boating activities and boating education takes place in the St Mary’s Bay area, which is in proximity to the nearby NZ Marine offices.

This proposal will improve the amenity value of the marina and the surrounding coastal marine environment by providing for quality public open space on the northern edge of the marina adjacent the Auckland Harbour Bridge. The expansion will significantly improve the amenity of the marina, by providing berths of sufficient length to meet current demand. This will in turn enable the marina to function efficiently for the marina managers, boat users, berth holders and visitors. The reclamation and extension of the northern breakwater will increase access to the marina for wider range of marina users and visitors.

The design and landscaping of the public open space will introduce a natural and cultural element into the existing marina landscape. It will also improve the amenity of the coastal edge, making the area more pleasant for visitors as well as being a visual buffer to the proposed car parking area.

A number of viewpoints from a local and broader context have been prepared in order to assess visual and landscape effects of the proposal. The viewpoints have been established from likely public view locations

around the marina. In addition a viewpoint from St Marys Bay has also been provided. These are assessed in the Brown NZ report and illustrated in the buildmedia visual simulations. The viewpoints include imagery from St Marys Bay, the eastern end of the existing reclamation and the Auckland Harbour Bridge. Additionally, 3D imagery is provided of the proposed public space reclamation and associated landscaping.

Below is a summary of the analysis of the viewpoints.

Viewpoint 1 – St Marys Bay From this location, much of public space and marina extension will be in the distant background, with the foreground being dominated by the existing vegetation and berthage of Piers T to Z and the waterspace between. In terms of the waterspace, there is little discernible difference between the existing swing moorings and the proposed pile berths from a visual perspective. The landscaped public space extension is noticeable but effectively blends into the overall land and seascape from this direction.

There will also be private views and intermittent public views from street and public spaces within St Marys Bay. At lower levels it is considered that any adverse effects will be negligible, while at upper levels, the views will be more distant but slightly more prominent. It is envisaged that, overall however adverse effects will be minor. The Brown NZ Report concludes that the sensitivity to the reclamation extension from this viewpoint will be very low.

Viewpoint 2 – Westhaven Marina/Northern Reclamation From this location, the reclamation and marina extension will appear as a logical extension to the existing reclamation. Views will be available to the north, east and south and will be similar to existing views available, although the additional landscaping proposed will soften the proposed impervious areas and will provide a strong cultural identity for the location. The Brown NZ Report concludes that the sensitivity to the reclamation extension from this viewpoint will be very low. Overall, the proposed development will be visually coherent with the existing and planned landscape outcomes for the locality and any adverse effects are considered to be minor.

Viewpoint 3 – Auckland Harbour Bridge From this location the reclamation will be visible as an extension to the existing western end reclamation. The conversion of swing moorings to piled berthage will also be recognisable. However, the distance between the viewpoint and the proposed works, significantly reduces landscape and visual effects. The

proposal will appear as a logical extension to the existing marina, given its existing modified nature and the anticipated development of the marina set out in the AUP: OiP. The Brown NZ Report concludes that the sensitivity to the reclamation extension from this viewpoint will be low. Overall, the proposed development will be visually coherent with the existing and planned landscape outcomes for the locality and any adverse effects are considered to be minor.

The overall impact rating for the proposed development as set out in the Brown NZ report is Very Low to None.

3D Images of proposed public space extension The images from within the public space extension include a highly developed landscaped outcome comprising both hard and soft landscaping elements. The edges feature timber and aggregate landscaping combined with seating, feature boulders and planting. The planting itself comprises of Pohutukawa, flax and cabbage trees d other densely planted vegetation. An aggregate pathway leads from the landscaped area to the outlook and through the pouwhenua. The landscaped open space area is located on the northern edge of the public space extension, while the southern edge is occupied by the carpark. This means that the public space will be located on the edge with the best views and outlook and exposure to sunlight. Meanwhile the carparks will be located in closest proximity to the marina berths.

Overall, the high quality design, landscaping and amenity will ensure the public space extension provides a memorable experience for visitors and marina users both at day and night.

Given that this landscape is already highly modified and the proposed reclamation is consistent with the existing landform layout, the proposal will not compromise any natural character elements or any outstanding natural landscapes. The proposal is complementary to the existing characteristics of this particular coastal environment and will not jeopardise and sensitive parts of the coastal environment.

Summary Overall, the marina expansion will improve the efficiency of marina activities and the reclamation will improve public access and use of this area. The provision of a public open space and greater accessibility for pedestrians and cyclists are consistent with the objectives of other redevelopment projects occurring in the marina. It is considered that the visual and landscape effects of the proposal will be minor.

7.3 Economic There has been clear demand for additional marina berthage within Westhaven for some time with a general trend for larger berthage and catamaran berthage in locations close to the City Centre. The Berthage Demand analysis attached to this report supports this conclusion. Changing trends to sailing and boating use demonstrate that the current marina infrastructure does not meet the current needs of the sailing and boating community. The additional marina berths proposed replace existing pile moorings that exist within the marina, however the revised layout increases the amount of waterspace within the marina for berthed vessels in comparison to vessels able to be moored on the existing pile moorings. . The proposal allows for the more efficient management of the marina’s waterspace, which is critical to maintaining and enhancing the economic viability of the marina facility and businesses ancillary to the marina.

Westhaven is currently at full occupancy and is experiencing high growth in a particular size of berth. Demand figures show that smaller berth occupancy figures are declining and the 14-24m berths are growing significantly. The expansion of the marina facilities will help accommodate the shortfall of larger berth occupancy.

The demand statistics and occupancy figures outlined below confirm there is a need for larger vessel berthage and that pile mooring occupancy is low in comparison.

The construction of the proposed pile berths will involve the conversion of existing pile moorings to meet the demand for larger vessels. The reconfiguration of existing moorings and the layout of the proposed berths also helps to achieve a more efficient use of the space and will also help to improve safety for all users of the marina.

The overall increase in marina berthage will increase economic benefits for the marina that can be re- invested into marina infrastructure and will enable appropriate maintenance, enhancement and growth of marina facilities into the future. This project will also allow for funding of capital works to be spread over a longer period therefore better affordability modelling and forecasting to be undertaken.

This is supported by the Westhaven Plan which envisions the future of Westhaven Marina as being “the most successful marina in the Southern Hemisphere and home to a globally renowned marine industry” as well as being “iconic Auckland destination that is vibrant, accessible and attracts people to the sea”. Westhaven Marina is a key component in supporting the growth of marine industries. In achieving this, the

Westhaven Plan identifies the need to build sustainable businesses that are fit-for-purpose and require progressive upgrades to meet changing economic trends which enables a range of customer services and funds asset renewals and upgrades.

The proposal enables the type of development that maintains the marina’s position as a high-quality, world-class facility. The extension of the breakwater and associated berthage will improve the function of existing services as well as providing opportunities for new services that are becoming more commonplace within marina facilities. The proposal allows for the continual improvements to the marina facility and services provided are required to ensure that the marina remains an exemplar amongst global standards and is regarded as a successful world-class facility.

Overall, it is considered that the merits of the proposal will result in a number of positive economic effects for the area. Furthermore, in a broader sense the anticipated benefits will also help ensure the success of the economic aspects of the redevelopment strategy being applied to the wider waterfront.

7.4 Social Westhaven Marina has been recognised as an integral part of the Auckland Region’s identity and is described in the Westhaven Plan as “a precious icon of Auckland. It epitomises the City of Sails lifestyle and our marine and sailing culture”.

The application will result in an improved, high quality marina facility in the coastal marine area. Boating and sailing are an important identifier of Auckland’s social and recreational culture and relationship with the harbour. The marina and reclamation will primarily provide for recreational activities (use of public space, parking and recreational berthage) and it will also provide the wider public with a way of connecting to and along the CMA. The expansion of marina facilities will allow a greater number of people to interact with the harbour, including the boating and sailing community and the general public. A greater number of visitors are expected to be attracted to this part of Westhaven to enjoy the highly landscaped public open space and the observation area. This will also include cyclists, pedestrians and joggers, who will see this as a logical extension to the waterfront promenade around Westhaven.

Further, the additional public amenity provided by the recreational elements of this proposal will also complement the existing recreational activities within the marina, including the public boat ramp and the recreational sailing, kayaking and marine education activities undertaken in and around St Mary’s Bay beach. As a result public access rights to the CMA will still be provided within and around the marina. The

expansion of the marina activities into the north-eastern part of the marina will not prevent public access to the CMA in this locality (noting the existing occupation permit). Moreover, converting pile (and swing) moorings to marina berths increases recreational opportunities for the wider community, as it is easier and safer for children, the disabled and older people to access vessels. This is an important enabling aspect of marina berths.

While the proposed reclamation will close one of the entrance points to the marina, generous access will continue to be provided through the eastern entrance to Westhaven. As discussed above, from a landscape perspective, the proposed change is considered to be acceptable. Likewise, from a social and recreational perspective, the diversion of vessels to the main entrance point to the marina is considered to be acceptable and will result in a more orderly existing and entering of vessels into the marina, without creating significant delays or safety issues (refer Navigation and Safety assessment section below).

The marina expansion will provide for the social wellbeing of the sailing and boating community as well as the wider public. As recognised above, marina berthage provides for a wider sector of the community, including children, the disabled and the elderly as they can more easily access vessels. The public open space will significantly improve the public’s experience of Westhaven and improve public access to the harbour. The proposal is consistent with future redevelopment initiative to create a ‘blue edge’ around Westhaven that provides for public access around the perimeter of Westhaven and opportunities to interact with the water. The provision of public open space and pedestrian infrastructure as a part of the expansion project ensures that the marina does not operate in isolation of the wider waterfront and the overriding public access initiatives proposed.

The ‘headland’ concept design will make the space an attraction of the marina due to the unique vantage point of the harbour. The space will ultimately form a part of the wider pedestrian link between Westhaven Promenade, the future Harbour Bridge Park development and the Skypath project. On its own and when considered within the wider context of the pedestrian/cyclist network envisioned for the area, the public open spaces provided for within the proposal will have significant benefits for the public and will provide positive social well-being outcomes. While it is acknowledged that there will be short term construction effects, these temporary adverse effects are considered to be offset by longer term social benefits.

Overall, the proposal provides a degree of certainty to not only marina users but also to residents and visitors to the Auckland region and confirms Panuku’s commitment to safeguarding and enhancing accessibility to the CMA. As such, it is considered that the proposal will result in positive social effects.

7.5 Cultural The relationship of Māori and their culture/traditions of significant ancestral sites, especially to water, is identified as a matter of national importance in the RMA and are key objectives under the ARPS, AUP: OiP and ARPC. Panuku have been engaged in a consultation process with iwi via the established Panuku Development Auckland Forum. This commenced in October 2015. It should be noted that iwi representation has varied through the consultation process resulting in not all iwi being part of the collaborative design process. A summary of the consultation meeting outcomes is provided below:

20 October 2015: Westhaven Pile Moorings Project introduced by Tom Warren & Phil Wardale. It was agreed that a combined subcommittee be set up to progress iwi input into the project. Workshop to be set up.

15 December 2015: Discussion regarding Terms of reference for Forum and how best to progress meaningful consultation with iwi.

15 February 2016: Westhaven Design Workshop with iwi. Tom Warren, Phil Wardale and Stephen Brown present concept designs from Brown NZ. Functional requirements and mana whenua design concepts from earlier hui incorporated into initial design and presented to group for feedback. Mana whenua design ideas include cantilevered platform (prow of waka north facing), gathering place, sense of arrival, screening from carpark, connection with harbour, potential water landing options. Preferred option was an entranceway with a Pounamu forest and headland shape closest to a waka. Each iwi to be allocated one Pounamu to carve. Site visit to be undertaken.

29 February 2016: Further Westhaven Design Workshop with iwi. Tom Warren, Phil Wardale and Stephen Brown present updated concept designs from Brown NZ. Two concepts presented based on last hui. A mixture of the two options was preferred. S Brown to draw up revised concept. Site visit and boat trip undertaken.

2 May 2016: Third Westhaven (Pile Mooring) Design Workshop with iwi. Tom Warren, Phil Wardale and Stephen Brown present further concept designs based on February 29 workshop feedback. Native landscaping including, light path included, planting and pouwhenua provide strong sense of enclosure, vertical lighting concept outlined, pouwhenua can provide relationship between land and harbour, mana whenua members discussed the possibility of having pouwhenua constructed from a variety of materials e.g. timber, fibreglass or bronze. Confirmed that next step was to present design concept to Panuku Technical Advisory Group for review/approval. Then AEE and resource consent documents would be drafted. 3D visual photosimulations to be prepared by buildmedia.

20 June 2016: Panuku Development Auckland Forum – discussion regarding the potential of providing mana whenua 2 waka berths at Westhaven

16 August 2016: Panuku Development Auckland Forum – Phil Wardale provided an update on the Pile Bert Redevelopment project. Visual presentation provided. Stephen Brown spoke to landscape concepts and impacts. Te Aranga design principles used in concept were outlined and the waka reference theme. Will celebrate association of iwi with harbour. Rain garden stormwater concept outlined. Clarification sought on total area of reclamation. Advised that reclamation is a major issue for iwi. Discussion regarding potential for water feature.

20 February 2017: Panuku Development Auckland Forum – recorded that engagement with mana whenua scheduled for February and March 2017 to determine areas of agreement and where direction from the Board may be required. Project team seeks to work with mana whenua.

Following the above consultation process, the Brown NZ Report outlines the iwi consultation process undertaken through the Panuku Development Auckland Mana Whenua Collective (which is the same as above). The report outlines how the proposal addresses the Te Aranga Design Principles and affirms important landscape connections and values such as Tohu – The wider cultural landscape, Mahi Toi – Creative expression and Ahi Ka – the living presence.

Discussions with iwi have also involved ongoing input and monitoring with regard to environmental outcomes not only during the design phase but also the construction phase and ongoing monitoring after construction is completed. This approach provides a much broader opportunity for iwi involvement as opposed to standard conditions of resource consent and enables a future guardianship role for iwi for the Westhaven area.

The design is considered to positively reflect these values and overall, the proposal recognises the strong cultural values of iwi through the proposed design and consultation process undertaken. However, throughout the process representatives at the forum have regularly indicated that they have a philosophical opposition to reclamation in general.

7.6 Navigation & Safety Currently, vessels can enter/leave the Marina through either the eastern or western entrances. The western entrance/exit (hereafter western entrance) is approximately 60 m wide. On either side of the gap are rock breakwaters, which extend at an angle underwater, and reduces the effective width of the channel. The existing north-western breakwater/causeway has a gangway for access to marina berths on Pier A extending at an angle. The fairway in the marina adjacent to this entrance is approximately 60 m wide. The entrance is marked by aids to navigation on both sides. This entrance is proposed to be closed as a result of the proposed public space reclamation.

The eastern entrance/exit (hereafter eastern entrance) is approximately 270 m wide. On the western side is a rock breakwater and to the east is the Wynyard Quarter reclamation. The fairway on the marina side of this entrance varies from approximately 130–270 m wide. The entrance has aids to navigation on both sides. In addition, there is a light on the southern end of the breakwater around the marina.

A Navigation and Safety Report has been prepared by Jim Dilley Consultants and makes the following comments on the impact of closing the western entrance:

 Vessels navigating to and from the upper harbour will have to navigate an additional 0.6nm.  The closure of the western entrance will decrease tidal flow from 0.2 to 0.3m/s and decrease the wave height from 0.95m to 0.3m making it easier for berthing vessels in the vicinity of the existing western entrance.

 Traffic at the “Hub A” (existing western entrance) will only be navigating in two clear directions reducing the risk of collision as traffic will now only be going in two clear directions on either side of the channel.  Traffic volume at “Hub B” (the eastern entrance) will increase. There will be an increase in traffic at point B as all vessels will now transit this area. However, this area is large in relation to point A, already has traffic coming from the direction of the marina and the traffic flow is relatively clear — the only cross over is with vessels returning to berths to the south of the entrance to the rows of marina berths e.g. vessels at Z pier or vessels heading to the refuelling facility  Even at peak times such as Auckland Anniversary weekend, the Navigation & Safety Report states that the marina entrance is considered to be wide enough to cope with that volume of traffic. Any increase in traffic at the entrance or at Hub B caused by the closure of the western entrance is likely to be small in comparison.

The report concludes that the well-defined eastern entrance will be acceptable from a navigation and safety perspective with the additional berthage proposed. It is recommended to move the Starter Box (as proposed) in order to further improve safety measures.

Consultation has been undertaken with the Royal New Zealand Yacht Squadron, who have provided a letter of support for the application. The Westhaven Marine Users Association have also provided a letter of support for the application. Therefore there is support for the closure of the existing entrance and relation of the starter box further to the east from the parties that are directly affected.

Further to this, Tom Warren - Panuku’s Marina Manager met with Christian Moss and discussed the issue of the number of vessels currently using the western entrance.

There was a survey taken on the busiest day in the marina. This was done on the morning of the Coastal Classic Auckland to Russell on 20 October 2017. On the morning of departure there were 325 exits through the Eastern entrance and 13 through the Western entrance. Further, more recently, on the 30 days prior to 20 April 2018, there were 255 movements through the Western entrance and 1140 movements through the Eastern entrance.

Mr Warren notes that a key consideration was the ability of the main entrance to carry the entire Westhaven vessel base and due to the size and width of the entrance and based upon international marinas with bigger fleets, the single entrance was considered more than capable of managing the

number of vessel movements without creating navigation and safety hazards. Further, with the closure of the western entrance, the removal of the “cross flow” will benefit the marina by removing existing vessel movements that potentially disrupt the flow of inbound and outbound vessels from the Eastern entrance.

Overall, the effects of the proposed development on navigation and safety effects are considered to be minor.

7.7 Coastal The application will result in reclamation of the harbour and closure of the western vessel entrance to the marina. The proposal will also result in the replacement of pile moorings with marina berthage. These activities will affect the coastal environment around Westhaven and the broader Waitemata Harbour (to an extent) and the potential effects on the coastal environment have been assessed in detail as part of the application. The potential effects include harbour flushing (hydraulics as per the reference in the Beca reports), wave climates, sedimentation and ecology.

Importantly, the safeguarding of the life supporting capacity of water is a purpose of the RMA (Section 5(2)(b)) and is specifically recognised as a matter of national significance under the Hauraki Gulf Marine Park Act (Section 7, 8 and 10). Further, the RPS and the AUP: OiP also recognise the life supporting capacity of marine ecosystems particularly within the Hauraki Gulf and require integrated management of use and development to ensure ecological values and life supporting capacity are protected and where appropriate, enhanced (Section B8.5 – Objectives and Policies). In my view, the proposed reclamation and marina berthage are considered an appropriate use of this part of the coastal marine area and will not adversely affect the sustainable life supporting capacity of the CMA. My reasons for this conclusion are set out below.

A detailed assessment has been provided by BECA, which analyses effects from the proposal on harbour hydraulics, sedimentation, coastal inundation and potential contamination. An Ecological Assessment has also been undertaken by Bioresearches Limited. The findings of these reports are summarised below.

Harbour Hydraulics Hydraulic modelling and assessment of the proposed works to close the western entrance and extend the breakwater eastward has found that there will be minor change to tidal processes within the Marina. Effects are limited to:

 Lower velocities south of the proposed reclamation due to the obstruction to water flow created by the new breakwater.  Eddy at the entrance of the marina is slightly offset to the west due to the reclamation deflecting the flood tidal currents to the western side of the entrance.  Lower velocities at the entrance of the marina

The assessment emphasises that the proposed reclamation works will not significantly change water flow pattern or velocity, nor does it significantly affect the tidal exchange between the Westhaven Marina and Waitemata Harbour. The more often the marina is flushed the less sediment build up. A “good” level for marina flushing is less than 96 hours (4 days), while a “fair” level of flushing is up to 240 hours (10 days). The categories used - “Good” and “Fair” are categories as recommended by the US Environmental Protection Agency and the World Association for Waterborne Transport Infrastructure (PIANC). The overall results on harbour flushing as set out in the BECA report are summarised below:

 Closing off the western entrance to Westhaven Marina decreases the current velocities in the western area, and has minor/negligible effect on the other areas within the marina.  Closing off the western entrance to Westhaven Marina increases e-folding times in the marina. However, the increases for majority of areas remain within the “good” 96 hour limit. This is particularly the case for spring tides.  The westernmost and southernmost areas of Westhaven Marina experience increased e-folding times to the “fair” 240 hour limit for Neap tides.  Considering NE or SW wind forcing caused minor effect on e-folding times in the spring tide.  Considering NE wind forcing caused longer e-folding times in the neap tide.  Considering SW wind forcing caused shorter e-folding times in the neap tide.

The analysis undertaken confirms, that marina flushing will vary in time up to a maximum of 180 hours (on some occasions and in some locations) depending on the type of tide and wind. While this is an increase in existing flushing times, it remains less than the upper 240 hour “fair” limit. Therefore, it is considered that any adverse effects will be minor

Further, in terms of tides and currents, the maximum tidal velocity through the eastern entrance remains approximately the same under the new configuration proposed (0.15m/s). This is considered acceptable for vessel safety.

Sedimentation Hydraulic modelling has found there will be minor changes to the rate of accumulation of sediment. Reclamation works will reduce the yearly accumulation of sedimentation at the entrance of Westhaven (28mm reduces to 26mm per year). In terms of the wider marina, annual sedimentation decreases by approximately 30% on average (16mm per year reduces to 12mm per year). This is a positive effect.

Dredging & Construction Dredge material from the marina is proposed to be used for the reclamation. A total of 75,000m3 of dredge material will be required to facilitate the proposed reclamation. The BECA report confirms that there is currently sufficient dredge material within the marina to fulfil the requirements of the proposed reclamation.

The dredging will be carried out by a dredge mounted on a barge. The dredged material is then transported to a mixing plant. Mudcrete is made from mixing the dredged material with cement. The mixed material is then placed into the CMA and is solidified. Gradually, the reclamation is built up through repetition of this process. This process also assists with locking in most contaminants and reduces leaching into the surrounding environment. When the mudcrete sets it solidifies to a Waitemata- Sandstone like material. The overall construction period is forecast to take approximately 18 months, with heavy vehicle traffic to and from the marina expected to peak at approximately 20-25 vehicles per day for 7 weeks. These effects will be managed by an appropriate Construction Management Plan and a Construction Traffic Management Plan.

In terms of materials proposed to be used to construct the reclamation and pile berthage, they will be similar to existing developments along the waterfront. The reclamation method has been outlined above and the mudcrete approach is consistent with the Fergusson Terminal at the Ports of Auckland, Te Wero Island and the Eastern Viaduct. The marina berths will be constructed from either environmentally friendly timber or concrete piles that will be drilled or driven into the seabed and the pontoons will be floating timber or composite structures. The structures used will be durable and high quality in order to ensure long life expectancy. The proposed materials are considered to be complimentary to the natural characteristics of the Waitemata Harbour and the modified setting that the marina is located in.

Construction materials have been chosen to recognise the sensitivity of the coastal environment. As such, a geotextile material will be provided on the sloping outer faces of the mudcrete bunds to act as a separation and filter layer between the mudcrete bund core and the under layer of rock armour. The geotextile used is to comply with the requirements of AS 3706. Rock armour is to be provided on the

sloping outer faces of the mudcrete bunds both to reduce wave run-up and protect the mudcrete bund from scour over time. The rock to be used shall have a minimum unconfined compressive strength of 50MPa and meet the requirements of the Rock Manual.

Recent redevelopment projects in the marina have shown that construction works in the area can occur with minimal adverse effect on the coastal environment.

Coastal Inundation The proposal requires development in an area susceptible to sea-level rise and coastal inundation. The height of the existing breakwater is not considered appropriate in managing the effects of predicted sea- level rise or coastal inundation of 1% AEP + 1m sea level rise. Settling of the seabed has reduced the height of the breakwater making it more vulnerable to the storm events, sea level rise or coastal inundation. On occasions there has been damage to the berths adjacent to the western entrance during storm events, leading to a number of these berths being decommissioned.

The proposal works have been designed to manage the potential risk caused by natural hazards through the reclamation works and the closure of the Western entrance. The increased height of the surface level of the reclamation will alleviate some of risk associated with extreme wave actions. In terms of potential effects on the proposed stormwater infrastructure (outfalls, raingardens and filtration devices) these are predominantly located on the southern half of the proposed reclamation and will therefore be protected from storm surge.

Sea-level rise has been identified as a key issue to the management of the coastal environment in the NZCPS, ARPC, and the AUP:OiP. In accordance with the NZCPS (Policy 24 and 25) sea level rise (SLR) should be considered over a 100 year planning period.

As such, the effect of climate change and sea level rise on the coastal areas of New Zealand is provided by the Ministry for the Environment’s national guidance manual Coastal Hazards and Climate Change: A Guidance Manual for Local Government in New Zealand (MfE, 2008a). This provides for the following sea level rise (SLR) scenarios to 2115: 0.7m as a base case and 1.0m for planning consideration. The Unitary Plan provides for a SLR of 1m for planning purposes.

A detailed analysis of wave overtopping is provided within the BECA report. The report confirms that the levels used in the BECA reports are for Chart Datum (CD) which is 1.74m above Auckland Vertical datum (ADV -RL). The existing adjacent carpark level is 4.4m CD. The proposed min. level is 4.7m CD. It is

proposed to build the reclamation to 5.2m CD during construction, which will likely settle to less than 5.0m CD. The crest level of the proposed reclamation is proposed to be set at a minimum of 4.7m Chart Datum based on the understanding that no permanent buildings are proposed on the reclamation. This is 500mm below the 1% AEP plus 1m level set out in the Unitary Plan but is considered acceptable as no habitable buildings are proposed.

Ecology Bioresearches Group Limited (BGL) undertook an assessment of biota in the vicinity of the proposed reclamation of the Western entrance of the marina and the likely ecological effects and impacts of the reclamation. Testing confirms there are a wide variety of biota in existence within this area. The report states that the diversity of the biota was relatively high with a total of 43 taxa but not particularly abundant with 1865 individuals per m2. The ecology of the area is considered to return to the current state within 1 to 3 years.

The report concludes the following:

 The ecological effects of reclamation of the western entrance will have adverse effects on the immediate area to be reclaimed. However the area affected is relatively small, impacted by current environmental stresses, and not greatly different from adjacent habitats, therefore the effects of the reclamation overall are deemed to be no more than minor.

 The changes in the hydrodynamics of the marina as a result of the closing of the western entrance are not expected to result in adverse effects to the ecology of the marina.

 Where possible the use of similar rock size and rock type should be used to maintain habitat type, in the areas of new rock wall enclosing the western entrance reclamation.

 Disturbance of the rock wall either side of the western entrance should be kept to a minimum.

Additionally, the acoustic report confirms that with the measures proposed within that report that any adverse effects on marine mammals (including the Leopard Seal) will be minor. These measures include low power or shut down procedures where marine mammals are identified in the vicinity of any proposed works. On this basis, any adverse ecological effects are considered to be minor.

Summary of Coastal Effects

In terms of effects on the coastal environment resulting from the proposed development, they are considered to be minor and will be appropriately mitigated by the proposed design and construction methodologies outlined above. Consequently, I consider that the proposal does not adversely affect the sustainability of the life supporting capacity of the Hauraki Gulf, as required under the HGMPA and NZCPS.

7.8 Geotechnical A Geotechnical Analysis was undertaken by BECA which has confirmed that the geological profile of the area comprises recent marine sediments overlying Tauranga Group alluvium all underlain by a weathering profile from Waitemata Group rocks. The recent marine sediments are weak and around 4m to 7m thick. Liquefaction is unlikely to occur on site due to the plastic nature of the soils present. Stabilisation of the marine sediment under the reclamation footprint is recommended.

In reclaiming land to extend the northern breakwater, the ground level is expected to change after a settlement period. The initial reclamation level includes a certain degree of predicted settlement. The ground will be resurfaced accordingly to ensure a consistent ground level height between the newly formed part and existing parts of the breakwater.

The BECA Design Report has investigated the issue and has concluded that: “Total settlements are expected to be in the order of 0.6m to 1.2m of a period of 10 years. Initial assessment of the required reclamation level to address functionality, access and wave overtopping is +4.7m C.D. It is recommended that the post construction reclamation level be at least +5.2m C.D. to allow for a degree of predicted settlement.”

Overall, it is considered that the proposed development is acceptable under the existing geotechnical conditions and is supported by existing reclamations and pile berthage being developed in the vicinity, without any adverse geotechnical issues arising.

7.9 Contamination (Dredging and Earthworks) The use of mudcrete significantly reduces the potential for contaminants to leach from the proposed reclamation. BECA have prepared a report analysing potential mudcrete contamination and leaching effects from the proposed development. Bulk chemistry of the materials confirms that contaminants are at a low level with only elevated levels of mercury. Seawater elutriation testing confirms that most

contaminants are bound into the mudcrete except for copper. Any potential contamination from mudcrete leaching will mix with the average tide and as the levels are so low and adverse effects will be negligible after reasonable mixing.

Construction will also removal of some footpath and paving (approx. 200mm deep) around the edge of the existing reclamation. Additionally a trench for an electricity cable is proposed to connect to the existing electricity source. Overall, the works will be less than 180m3. The area is considered as not likely to be a site containing a HAIL activity. However no PSI or DSI to assess this has been undertaken. The land is reclaimed and there is a risk that unconsented fill material may be present. As a result it is proposed (out of an abundance of caution to apply for the necessary consents under the NES and AUP, which are most likely discretionary activities. It is noted that the works would meet the relevant permitted activity conditions except for the 2 month duration of works period.

The applicant has prepared Contaminated Soils Management Plan to guide works on site and ensure any potential health and safety risk associated with disturbing any potentially contaminated soils will be minimised or mitigated. The management procedures include pre-development site set up, soil excavation/disturbance procedures, imported material requirements, groundwater procedures as well as health and safety procedures.

Overall, on this basis it is considered that any potential adverse contamination effects will be minor.

7.10 Stormwater All stormwater discharges from the marina are already discharged into the Waitemata Harbour. The majority of discharge outfalls are fitted with filtration devices, or are in the process of being fitted with filtration devices.

The proposed marina extension will have a new surface area of approximately 6,300m2, 60% of which will be impervious. The peak discharge from the surface of the new reclamation for a 10 year return period rainfall event is approximately 200l/s (estimated using the 10 minute rainfall intensity of 145mm/hr).

The trafficable surface will be used for light private and light commercial vehicles for parking and/or loading/unloading. There will be no hazardous substances or hazardous cargo stored on the reclamation.

Under the AUP:OiP, there is a requirement to treat all stormwater from carparks over 1,000m2. However as the site is not subject to a SMAF overlay, there is no requirement to retain or detain stormwater. Regardless, it is proposed to use raingardens and tree pits as the main treatment devices. The minimum treatment area is 2% of the impervious area, which equates to 105m2. It is proposed to establish approximately 10 raingardens (25m2 each) in the carpark and several within the northern walkway area. Therefore the extent of raingardens and tree pits is more than adequate for the treatment of stormwater prior to discharge.

Contaminants from stormwater discharge will be removed through the use of a bio-filtration device which will remove suspended solids and heavy metals from stormwater runoff before it is discharged into the harbour. Impervious areas will also have graded surfaces to help capture surface water in the proposed landscaped rain gardens.

Further, there will be no scour and erosion effects from the discharge as the discharge will occur into the water and the adjacent shoreline is protected by a rock revetment.

Overall, it is considered that the effects of stormwater discharge will be appropriately managed through the utilisation of bio-filtration devices and rain gardens. Although there is no way to reduce the amount of stormwater generated, the treatment of the water prior to discharge into the harbour has been carefully considered to ensure that all harmful contaminants are prevented from entering the harbour. Maintaining the quality of the harbour is key to the proposal intends to create a vibrant, accessible and engaging space for boat users and the public to enjoy the harbour.

7.11 Transportation Traffic Planning Consultants (TPC) has prepared a detailed Traffic Impact Assessment (TIA) of the proposed development which is contained in Attachment C to this report.

Existing Traffic Environment The TIA fully describes the existing site traffic conditions, surrounding road network, traffic safety, public transport accessibility and pedestrian and cyclist facilities.

Access to the marina and parking areas is provided via Westhaven Drive which is a private road and managed by Panuku, however it functions as a public road with full public access at all times. Westhaven is

a two-way road with one lane in each direction and a 30km/h speed limit. Regular speed humps along the carriageway to manage speed. Parking is prohibited within the marina boundaries.

Westhaven Drive intersects with Curran Street at its western end at a roundabout and with Beaumont Street at its eastern end with a priority controlled intersection. Two-way access is possible via Beaumont Street however Curran Street limits access to Westhaven Drive allowing only entry or eastbound vehicles to the Westhaven area. A third point of access for Westhaven Drive is also possible via Shelly Beach Road, which is a one-way road connecting with the roundabout allowing only egress from Westhaven in a southbound direction.

Auckland Transport last monitored traffic flows in the area in 2010, recording approximately 6,200 vehicle movements per pay. As part of their work on the consented Skypath project, TPC has recently monitored peak flows on a monthly basis, recording 400 vehicles per hour (vph) in the AM peak and approximately 700vph in the PM peak period at the eastern end of Westhaven Drive. TPC has also undertaken turning movement counts at the roundabout at the western end of Westhaven Drive and at the entrance to the Northern Car Park. Refer to Section 2.1 of Attachment C for a diagram illustrating traffic movement flows at the intersection of Westhaven Drive/Curran Street.

A footpath is located along one side of Westhaven Drive which provides access to all marina facilities. Part of the footpath deviates from Westhaven Drive and connects with Westhaven Promenade which provides high-quality pedestrian and cycling facilities through Westhaven. Future stages of the promenade are proposed which will connect the western end to the marina, waterfront and Curran Street.

There are no specific on-road cycling facilities on Westhaven Drive, however there is capacity within the current environment to provide a high-quality, safe environment for cyclists. Future upgrades to the eastern end of Westhaven Drive will provide both on and off-street cycle facilities within the next 18 months. Consent for the construction of the Skypath across the Harbour Bridge which will provide a walking and cycling facility across the Waitemata Harbour. Subject to the Council engaging a development partner and construction firm or central government funding, completion of the SkyPath project is expected within the next two years.

There are no bus routes that operate along Westhaven Drive, however there are a number of bus routes which run along Fanshawe Street as well as regularly circulating through the Wynyard Quarter area.

The marina is serviced by four parking areas; the Northern, Western, Southern Car Parks and the Z Pier Car Park, and the Z Pier Car Park, all of which are accessed from Westhaven Drive. A total of 1568 parking spaces are available within the Marina for various uses. Approximately 63% is set aside for exclusively for berth holders/reserved tenants. The remaining parking spaces are provided for general public use and controlled by a P120 time limit, mobility parking or pay and display parking.

 Northern Car Park – Located on the northern edge of the Marina and primarily provides parking for berth holders and tenants as well as some uncontrolled public parking. The car park will also form the primary access for parking and access relating to the new berths constructed as part of this proposal.  Western Car Park – Located on the western edge of Westhaven Drive and primarily provides parking for the Marina Office and general public parking, some of which controlled by P120/P180 time limits on weekdays. There is also a large number of uncontrolled parking in this area used by commuters and visitors to the Marina and waterfront. A consented application to remove of the parking within the area to accommodate Marina focused businesses will mean only 47 spaces remain for exclusive use of the Marine Centre and tenants.  Southern Car Park –Located on the southern edge of the Marina and provides parking for Piers K through Y as well as the pile moorings in the eastern end of the Marina. Parking is provided for both berth holders and the general public, however a P180 time limit applies to weekdays to deter commuter parking on weekdays. This area will also service the pile moorings that will be replaced as a part of this proposal.  Z Pier Car Park – Located on the south-eastern corner of the Marina and provides parking for berth holders, reserved tenant parking and trailer parking areas, general public parking and public trailer use which are controlled by pay and display arrangements.

The Westhaven Plan proposes a number of key projects within the Marina which will affect the parking demand and availability of the Marina. The TIA has assessed the cumulative parking demands for each future project. There is sufficient parking available through all periods and seasons to accommodate any increase in parking demands for most planned projects within the Westhaven Plan. The TIA concludes that:

“There will be added pressure when parking is removed from the Western Car Park for the proposed Marine Centre. There is likely to be some spill over of parking demand from the Marine Centre into the Northern

Car Park and Harbour Bridge Park during most weekdays and some of the high demand summer weekends, however it is expected that these areas could accommodate this additional demand without any significant effect.”

“It is anticipated that increased parking demand will occur in the Westhaven area related to the SkyPath operation for both private cars and buses. Any effects on the Westhaven Marina parking areas as a result of SkyPath are required to be mitigated as part of that consent (currently under appeal). Therefore, and for the purposes of this assessment, parking demand relating to SkyPath has been excluded”

Access The proposal will provide vehicle access to the new parking area via the northern reclamation. Pedestrian and cyclists to the site via an existing walkway and promenade along the Southern and Northern edges of the reclamation.

It is considered that the existing vehicle access location to the Northern reclamation (roundabout Westhaven Drive/Curran Street/Shelly Beach Road) will continue to be the most appropriate vehicle, pedestrian and cyclist access point. The TIA states that:

“The roundabout provides a high level of accessibility to the northern car park and new parking areas. Roundabouts provide a clear guidance and priority to minimise conflict between turning movements and provide motorists with safe and efficient circulation.

Turning movement counts undertaken by TPC in June 2014 show that the roundabout is operating well within its capacity during peak periods with minimal delays experienced on all approaches.”

The TIA concludes that proposed future stages of the Westhaven Promenade and the establishment of the SkyPath will require the upgrading of this intersection to better facilitate increased pedestrian and cyclist movement in the area. As detailed information regarding these projects are yet to be confirmed, it is assumed that the location of intersection will be slightly different to its current location. Until such time as the commencement of these projects, the current access and egress to the northern reclamation will remain the same. Current access arrangements and future upgrades to this intersection will not impede access and egress to the northern reclamation.

Overall, it is considered that vehicle access arrangements are considered to be acceptable and that potential adverse effects will be less than minor.

Parking Effects As discussed above, the extension of the north-western breakwater and causeway will create the space for an additional 103 parking spaces that will support the increased demand for parking. Under the AUP: OiP provision of 0.5 spaces per marina berth is required.

The TIA makes the following comments:  There will be an increase in parking demand to the Northern Car Park relating to all of the proposed 117 new marina berths. Given there are some existing carparks to be re-utilised, the traffic report indicates that 59 additional carparks will be required.  Pile moorings are accessed by dinghies which are stored near the southern car park, as such the majority of pile mooring boat owners park their cars in the Southern car park. The replacement of the pile moorings with the new marina berths will be accessed from the northern car park. It is expected that related demand will shift from the Southern to Northern Car Park.  Some of the new marina berths are anticipated to accommodate larger boats than those currently using the pile moorings and therefore will generate a slightly higher parking demand per berth than currently.

Car parking is easily accessible from the existing access point on Westhaven Drive. Parking has been designed to meet the requirements of the AUP: OiP (refer to Attachment A for detailed diagram of the proposed parking layout). The TIA emphasises the following points with regard to the new parking spaces that will be provided:

 The provided parking spaces will have a minimum width of 2.5 metres and a depth of 5.0 metres. The minimum available manoeuvring space for all angled parking is 7.5 metres.  The parking area and spaces has been designed to accommodate a 90 percentile design car which is consistent with that required under Figure 9.4 of the AUP: OiP.  The new parking provision includes four accessible parking spaces in line with the requirements of the District Plan.  Near each of the pier heads, two loading zone spaces are provided to allow berth holder the opportunity to drop off and collect items from boats.

 The remainder of the new spaces are intended to be marked as a mixture of exclusive berth holder spaces (80 x yellow) and public spaces (15 x whites).

The redistribution of parking spaces from the southern car park to the northern ensures the efficient and safe functioning of the marina. The assessment has considered the impact of the proposal and future redevelopment projects on parking demand and availability within Westhaven. It is noted that the proposal increases the demand for parking than what is available in the current parking supply. However, the additional parking provided, both exclusive to berth holders and the public, and expected shifts in parking demand it is considered that the proposal will provide a necessary level of parking required to support the proposal. Parking has been designed to be consistent with the provisions of the AUP: OiP.

Overall, it is considered that the proposal will provide adequate parking for a variety of uses and any potential adverse effects will be less than minor.

Trip Generation There is limited information available regarding the trip generation characteristics of marina berths. The TIA relies on information from an assessment undertaken by T2 Consultants Limited of a proposed marina in Matiatia Bay, Waiheke Island. The following peak trip rates were used in that assessment:

 Daily Demand Hourly Demand – 0.35 vehicle movements per berth per hour (vph)  Hourly Demand – 0.35 vehicle movements per berth per hour (vph)

It is noted that vehicle movements at this level are expected to occur only on high demand summer weekends with a regular weekday generation expected at about 50% of these flows.

The TIA states: “Based on these rates, the proposed peak increase in flows from the entire marina operation as a result of the additional 14 berths will be about 25 vpd and about 5 vph and for most days will be much less. This represents less than a 1% increase in flows on Westhaven Drive. Furthermore, these flows are likely to be split in direction depending on whether vehicles enter or leave from Wynyard Quarter or St Marys Bay.

In terms of new flows through the Northern Car Park access point, the peak increase in flows will relate to 117 new marina berths or about 138 vpd and about 41 vph. This represents an increase in flow through the

roundabout of about 20% and 17% during the AM and PM peak commuter periods and about 20% during the peak weekend activity at the marina.”

Increased flows are anticipated to occur when both the peak marina activity and existing road network flows coincide. However, in reality, this is as unlikely as marina activity is off-set from the typical commuter peaks or be a regular occurrence with flows much lower than this experienced the majority of the time. Overall, additional trips are expected as a result of the proposed open space, however any potential adverse effects are considered negligible.

Furthermore, the TIA states: “The introduction of new marina berths should have no detrimental impact on general road safety. The reported crash history on Westhaven Drive does not indicate a current road safety problem. Vehicles turning to and from the existing site access point and the increase in vehicle movements to and from the site, is considered to have no adverse effect in terms of road safety.”

Deliveries and Services The marina currently provides for small trucks to provide services such as making deliveries, collecting refuse, and carrying out deliveries. These activities are likely to take place during the weekdays and outside of high demand weekends when sufficient parking is unavailable.

Overall, it is considered that the proposed delivery and servicing arrangements are adequate to meet the needs of the proposal.

Construction Traffic There are six key stages in construction; Site establishment, mudcrete bund, rock revetment, promenade, finishing works, marina berths and disestablishment of the site. Each (refer to Attachment C: Table 3 for a detailed summary of the stages and estimated number of truck movements).

A limited level of construction-related movements of trucks and other vehicles during construction is anticipated, however any impacts are limited to the construction period only.

The TIA states:

“Each has varying levels of vehicle activity with rock revetment generating the highest level of truck movements and intensity with about 12 truck per day (24 movements) over 7 weeks. A majority of the materials in the other stages will be delivered to the site by barge including dredging materials, concrete and marina berth pontoons. The number of truck movements will also be constrained by the limited space available for storage on site.”

“In terms of network capacity, Westhaven Drive and the surrounding road network is able to accommodate the traffic volumes associated with the construction phases, and the application of a construction traffic management plan will ensure that any potential impact on the surrounding area is minimised.”

Truck movements are limited to a short period of time during construction after which the site will be accessed by mainly smaller trucks. A traffic management plan will help minimise any potential impact of truck movements on the surrounding area.

Conclusion The predicted increases in traffic flows of 1% can be considered negligible in the context of the existing flows on Westhaven Drive and the wider road network. The flows will remain well within the midblock capacity of the road itself.

The TIA makes the following conclusions:

 The estimated traffic generation of the proposal is likely to be about 25 additional traffic movements per day with peak hour traffic generation of about 5 traffic movements per hour.

 The traffic generated by the proposal can be accommodated on the road network with little or no effect.

 A parking demand analysis confirms that sufficient parking is provided on the site for all normal levels of parking demand.

 A review of the transport standards has identified no infringements against the AUP: OiP.

 Vehicle and pedestrian access to the site is provided to a suitable standard such that the proposed development can be accommodated on the road network without compromising its function, capacity of safety.

Therefore, it is considered that the proposal will result in no more than minor adverse traffic effects.

7.12 Noise A noise report has been prepared by Marshall Day Acoustics. The report addresses operational noise, traffic noise, construction noise, airborne noise and underwater noise. The proposal has been assessed based on the relevant noise standard and the unitary plan as well as the existing background noise levels.

Overall, any adverse noise effects are considered to be minor.

7.13 Summary of Effects

A detailed assessment of effects has been undertaken in the analysis above and in the technical reports submitted with the application. Overall it is considered that the proposal will result in considerable positive effects and that any adverse effects will be no more than minor.

8.0 STATUTORY ASSESSMENT

The following section analyses the relevant statutory provisions of the New Zealand Coastal Policy Statement, Resource Management 1991 and the Hauraki Gulf Marine Park Act 2000 that apply to the application and the locality.

Under section 104(1) of the RMA, when considering an application for resource consent and any submissions received, the consent authority must, subject to Part 2 have regard to:

i. Any actual or potential effects on the environment of allowing the activity; ii. The relevant provisions of a national policy statement; iii. A New Zealand Coastal Policy Statement; iv. A regional policy statement; v. A plan or proposed plan; and vi. Any other matter that the consent authority considers relevant and reasonably necessary to consider the application.

Overall the proposal is to be assessed as follows: • A non-complying activity under the ARP:C • A discretionary activity under the AUP: OiP.

8.1 New Zealand Coastal Policy Statement (NZCPS) The NZCPS sets out the relevant issues that are applicable to the coastal environment of New Zealand. The following is a summary of the assessment of provisions of the NZCPS that are relevant to the proposal. The full detailed assessment of this document is included in in Attachment K to the application.

Overall, the proposal is considered to be consistent with the objectives and policies of the NZCPS. The proposal meets the requirements of the NZCPS by providing marine infrastructure that supports the social, economic and cultural wellbeing of the community and is able to manage any adverse effects of on the coastal environment adequately. The proposal will result in reclamation of the coastal marine area and additional structures in and over the water for the expansion of the marina. The proposal will result in minor adverse effects on the coastal environment and amenity values.

The following are anticipated effects of the proposal that are addressed in the NZCPS: • safeguarding of the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems • adverse effects of activities and structures within the coastal marine area and effects on natural character, features and landscapes • water quality and the effects of discharges from reclamation, dredging and construction works • appropriateness of reclamation • maintaining and enhancing public access to the harbour • effects on coastal processes, including sustaining the life supporting capacity of the environment • the ability to enable the social, economic and cultural wellbeing of the community • historical and cultural issues

The reclamation and dredging operations associated with the expansion of the marina will have an impact on coastal processes. The approach to managing the effects of these activities is outlined in this report and include dredging from a barge and the creation of mudcrete for the reclamation. This methodology has been used previously along the City Centre waterfront and is considered an appropriate development approach in this part of the CMA.

Expanding the marina facility is beneficial to the community as it provides for greater use and access to the coastal environment. The conversion of pile moorings to marina berths provides greater accessibility for the wider community (compared to pile moorings) and parking in the nearby vicinity to these berths further supports that outcome. The NZCPS allows for activities within the coastal environment that enable better outcomes for the social, economic and cultural wellbeing of the community. A comprehensive consultation process with local iwi has been undertaken and is reflected in the intricate design of the public open space reclamation.

The NZCPS also provides for activities that are unable to be located anywhere other than within the coastal environment. This is the case, marina berthage, coastal outlook structures, the starter box and the associated marina berth carparks. The effects of reclamation and dredging operations are necessary to the provision of marine infrastructure, any adverse effects of which will be managed appropriately.

The intention of the proposal is to increase the capacity for recreational use of the area through the creation of public open space and marina berthage. The proposal will not result in the private commercial development of this part of the CMA, at the exclusion of the general public. The berthage extension is a

recreational activity, as it essentially provides for accommodation of recreational vessels. The marina is also recognised as a commercial activity but it exists to enable recreational boating activities. No other recreational activities are being displaced as marinas are already provided for within this location in the AUP: OiP and an existing occupation permit provides for this activity. Further, the conversion of pile moorings to marina berthage will provide greater efficiency in terms of accommodation of vessels (based on existing usage and demand). The proposed public facilities, including carparking, open space, observation area and ancillary structures will provide enhanced amenities for the public who choose to visit this area, which satisfies Policy 18.

The proposal requires the occupation (already granted) of part of the harbour, however new public infrastructure will be provided as a part of the expansion project. The public open spaces provided will attract people to the marina with its unique vantage point of the harbour and let them continue to engage with the waterspace.

The existing marina infrastructure is no longer suitable to meet the changing needs of the sailing and boating community. The existing character of the locality will be maintained as no new activities are being introduced into the marina, however the reconfiguration of the berths and pile moorings will result in an intensification of the marina. The expansion of the marina ensures that the marina can continue to provide infrastructure of a high quality and provide for activities that are highly significant to the community. Furthermore, the expansion will provide for greater public access and use of the marina and integrate with public infrastructure being provided through other redevelopment projects e.g. Westhaven Promenade. The proposal consolidates development within an existing coastal environment (thereby avoiding the creation of a new marina/reclamation elsewhere) and will not result in insensitive development. Instead it provides for activities that have a function need to be located in the coastal environment. Overall, the proposal will be complementary to Policy 6.

With regard to Policies 13 and 15 relating to natural character, features and landscapes, the existing location of the marina is a highly modified coastal environment, where the relevant planning provisions recognise and provide for marina extension. The area has been subject to several reclamations and resource consent applications for structures, activities, occupation and discharges. These have created a significant “man-made” physical appearance of the marina as it currently exists, as opposed to the locality being a pristine natural coastal area. As a result, the proposal will avoid adversely affecting any areas of natural character, natural features or natural landscapes.

In terms of the proposed reclamation, it is considered that the proposal satisfies Policy 10 and is justifiable as it needs to be in proximity to the pile berthage in order to provide parking nearby the vessel location and enable loading/unloading of goods. As Westhaven is an existing marina and expansion of the marina is anticipated, and will provide for existing berthage demand. It is considered that the proposal will provide significant regional and national benefit, given its significant scale in the southern hemisphere. The only other alternative to undertaking reclamation is to create a piled wharf platform, however such an alternative would not provide the same amenity benefits provided by a reclamation, particularly in terms of large scale landscaping opportunities.

The proposed public open space reclamation will provide greater public access to this part of the CMA than the existing situation. The existing occupation permit, waterspace and breakwater provide for public access but it is difficult to access. The proposed public open space reclamation, observation area, access to and along the water’s edge and parking area will be more accessible to the wider public and will be complementary to Policy 18.

In terms of coastal hazard risk, the proposal has been designed so that the reclamation achieves a ground level of 1% AEP plus 500mm. This is considered appropriate as there are no habitable buildings proposed on the reclamation. Further, in terms of infrastructure, any stormwater outfalls, raingardens or filtration devices will be located on the southern half of the reclamation and therefore protected from storm surge and other significant hazard events.

The life supporting capacity of the CMA is sustained by the development’s design and construction methodology, as any adverse effects will be appropriately mitigated. This is supported by the Ecological Assessment and the Civil Engineering & infrastructure reports.

Overall, there is a high level of consistency with the objectives and policies of the NZCPS as it enhances access to the harbour for pedestrians and provides better linkages with existing open spaces and pedestrian networks e.g. Point Erin Park and the Westhaven pedestrian promenade.

8.2 Hauraki Gulf Marine Park Act (2000) (HGPMA)

The purpose of the HGPMA is to integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments and to establish objectives for the management of the Hauraki Gulf. The HGPMA also has as a purpose, the recognition of the historic, traditional, cultural, and

spiritual relationship of the tangata whenua with the Hauraki Gulf and its islands. The Hauraki Marine Park Act addresses similar issues to the NZCP, however the HGPMA is slightly more focused on the life supporting capacity of the Hauraki Gulf and recreation as reflected in Section 7(2) and Section 8(f). Further, section 10 of the HGMPA requires that the national significance and management directives in sections 7 & 8 are to be treated as an NZCPS for the Hauraki Gulf. This means that the relationship between the Hauraki Gulf, its islands and catchments and the ability of the Gulf to sustain the life supporting capacity of the environment are matters of national significance.

The following sections of the HGMPA set out the relevant parts of section 7 & 8 that relate to this application are:

7. Recognition of national significance of Hauraki Gulf—

(1) The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.

(2) The life-supporting capacity of the environment of the Gulf and its islands includes the capacity —

(a) to provide for — (i) the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and (ii) the social, economic, recreational, and cultural well-being of people and communities: (b) to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation: (c) to maintain the soil, air, water, and ecosystems of the Gulf.

8. Management of Hauraki Gulf—

To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—

(a) the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:

(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments: (c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship: (d) the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources: (e) the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand: (f) the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.

Overall, it is considered that the proposal is consistent with the provisions of the HGPMA. The proposal is utilising the physical resources of the Gulf to provide marine infrastructure that will be beneficial to the social and economic well-being of the public and the sailing and boating community. The expansion is designed to improve on the existing facility and for the marina to continue to provide for social and recreational opportunities in the coastal marine environment. The proposed works will impact coastal processes such as tidal flushing, navigation, character, amenity and landscape, however the adverse effects are considered to be minor.

Importantly, safeguarding the life supporting capacity of water is identified as a purpose of the RMA (Section 5(2)(b)) and is specifically recognised as a matter of national significance under the Hauraki Gulf Marine Park Act (Section 7, 8 and 10). Further, the RPS and the AUP: OiP also recognise the life supporting capacity of marine ecosystems particularly within the Hauraki Gulf and require integrated management of use and development to ensure ecological values and life supporting capacity are protected and where appropriate, enhanced (Section B8.5 – Objectives and Policies).

In terms of the proposal, the relevant consideration is whether it affects the life supporting capacity of the environment of the Hauraki Gulf to an extent where it will not be sustained. In my view, the proposed reclamation and marina berthage are considered an appropriate use of this part of the CMA and will not adversely affect the sustainable life supporting capacity of the CMA. The ecological report and the civil

engineering and infrastructure report confirms that any effects on the CMA and its life supporting capacity will be minor.

In terms of the provision of the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its island, Panuku have undertaken a detailed consultation process with iwi and this has contributed significantly to the overall design and physical appearance of the public open space reclamation. Further, Te Aranga design principles have driven the design outcome of the public open space land extension. While the outcomes may not fully address iwi interests or concerns, in my view they are a positive step towards providing an acknowledgement of the relationship of iwi with the Hauraki Gulf. In particular, an individually carved pouwhenua from each iwi provides the opportunity to demonstrate historic, traditional and cultural relationship with this area. There are also separate ongoing processes through the Marine and Coastal Areas Act, where parties have applied for customary title or protected customary title or customary rights over the Hauraki Gulf and surrounds. These applications will be decided through a separate process under that Act. For this application it is necessary to consult with the parities that applied for customary title in regard to resource consent applications and Panuku wrote to the affected parties on 27 February 2018.

Westhaven Marina is a highly modified environment as described in Section 4.0 of this report. Therefore trying to preserve or enhance historic features (if any remain) of the waterspace the marina is located in is impracticable. The proposal will require structures covering an area of waterspace within the marina that is presently occupied by piled moorings. The pile moorings will be removed and replaced with additional, new marina berths and fixed and floating walkways. The new development and the reconfiguration of existing berths will result in a more efficient use of the space. The transiting areas within the marina will be more legible and maintain a sense of openness despite the intensification of the marina.

8.3 Auckland Regional Policy Statement (ARPS) The Regional Policy Statement in the Auckland Unitary Plan- Operative in Part identifies nine issues of regional significance for resource management in Auckland. These issues are as follows:

(1) Urban Growth and Form; (2) Infrastructure, Transport and Energy; (3) Built Heritage and Character; (4) Natural Heritage (Landscapes, Natural Features, Volcanic Viewshafts and Trees); (5) Significance to Mana Whenua;

(6) Natural Resources; (7) The Coastal Environment; (8) The Rural Environment; and (9) Environmental Risk

The regional issues of relevance to this application within Westhaven are Issues (4), (5), (6) and (7). These matters are assessed below:

B4 Natural Heritage Objectives The relevant policy is set out below:

Policy B4.2.1(2) The ancestral relationships of Mana Whenua and their culture and traditions with the landscapes and natural features of Auckland are recognised and provided for.

Assessment: This matter is addressed below in B6.

B6 Mana Whenua Objectives & Policies The relevant objectives and policies provide for the recognition of Te Tiriti o Waitangi through (B6.2.1(2)) resource management processes and for the provision of timely, effective and meaningful engagement at appropriate stages in the resource management process (B6.2.2(c)). The recognition of mana whenua to be involved in the integrated management of natural and physical resources (B6.3.2(4).

Assessment: The consultation process undertaken by the applicant with iwi is complementary to B6.2.2(c) as it has been undertaken over just under a two year period and will ongoing through the construction process and once the consent is given effect to. The consultation has been meaningful and has enabled mana whenua values and Te Aranga design principles to be incorporated into the design of the development.

Further, potential cultural benefits of the proposal include:

 Enabling iwi to build capability, experience and skills development for the people of iwi ranging from civil works, unique construction methodologies and management of the coastal environment.  Restoring some mana to iwi by having an active interest in a major coastal area within an urban environment.

B7 Natural Resources Objectives & Policies The relevant objectives and policies are identified below: B7.4.1(1) Coastal water, freshwater and geothermal water are used within identified limits while safeguarding the life-supporting capacity and the natural, social and cultural values of the waters.

B7.4.1(2) The quality of freshwater and coastal water is maintained where it is excellent or good and progressively improved over time where it is degraded.

B7.4.1(4) The adverse effects of point and non-point discharges, in particular stormwater runoff and wastewater discharges, on coastal waters, freshwater and geothermal water are minimised and existing adverse effects are progressively reduced.

B7.4.2(7) Manage the discharges of contaminants into water from subdivision, use and development to avoid where practicable, and otherwise minimise, all of the following: (a) significant bacterial contamination of freshwater and coastal water; (b) adverse effects on the quality of freshwater and coastal water;

Stormwater management B7.4.2(9) Manage stormwater by all of the following: (a) requiring subdivision, use and development to: (i) minimise the generation and discharge of contaminants; and (ii) minimise adverse effects on freshwater and coastal water and the capacity of the stormwater network; (b) adopting the best practicable option for every stormwater diversion and discharge; and (c) controlling the diversion and discharge of stormwater outside of areas serviced by a public stormwater network.

Assessment: As part of the creation of public open space land and the parking area, a specifically designed stormwater system is also proposed. The stormwater reticulation proposed includes raingarden and tree-pits which will capture and treat stormwater prior to discharge. The treatment devices will filter potential contaminants prior to discharge of stormwater into the CMA. The stormwater management devices will be regularly maintained in order to ensure they are filtering the stormwater as designed.

The mudcrete material which forms the reclamation structure, has the potential to slowly leach low levels of contaminants such as mercury. This has been assessed in the civil engineering report and it is concluded that the levels are sufficiently low to ensure no adverse effects will result after reasonable mixing.

B7 Coastal Environment Objectives & Policies The objectives and policies address matters relating to natural character, subdivision, use and development, public access and open space and managing the Hauraki Gulf.

Assessment The objectives and policies in B8.2 address natural character. The majority of these provisions relate to

areas of outstanding or high natural character and as such do not apply to this locality.

Policy B8.2.2(4) however requires the avoidance of significant adverse effects and the avoidance, remediation or mitigation of other adverse effects on the natural character of the coastal environment not identified as outstanding or high from inappropriate subdivision, use or development. The proposal will result in a public open space reclamation over part of the existing CMA within the Westhaven Precinct. The Precinct is identified as a marina zone where berthage is a permitted activity and reclamation is provided for as a discretionary activity. The precinct forms part of a modified coastal environment where marinas are permitted and against that backdrop it is my view (taking into account the relevant technical reports) that the proposed use and development is appropriate and that any adverse effects will be minor.

The objectives and policies in B8.3 address subdivision, use and development. The majority of the objectives and policies are relevant to the proposed development. Issues raised relate to values of the coastal environment, adverse effects, efficient use, functional need, integrated uses and coastal hazards (seal level change). The proposed development will be located within an existing occupation permit area and will be integrated into the existing Westhaven Marina. The proposal is consistent with the Westhaven Masterplan and in order to operate a viable marina it is necessary to have associated ancillary services such as parking, areas to load/unload vessels in immediate proximity. Fortunately other support services such as a marina office or storage areas for kayaks and dinghy’s are not required to be provided as part of this application as these facilities are already located within other parts of the marina. Accordingly, the proposal has a functional need to be established in the coastal environment and makes an efficient use of the area. In terms of sea level rise, the public space reclamation has been designed to accommodate sea level change and storm surge and will be constructed with a Chart Datum level of 4.7.

The objectives and policies in B8.4 address public access and open space. They aim to maintain and improve public access to and along the CMA limit instances where access is restricted. The open space, recreation and amenity values are to be maintained or enhanced. The proposed public open space reclamation will provide for public access and parking and will provide amenities that will attract to public to this location such as a high quality landscaped open space area designed around Te Aranga principles with strong historical cultural pouwhenua, an observation area over the water, walking and cycling facilities and access to part of the CMA that was previously not able to be accessed by the general public, unless in a vessel.

Importantly, access to and along the coast will be provided on the public open space reclamation. Access will not be privatised by development and the public will not feel that they are intruding on someone’s private open space, as no private development is proposed. Even though the reclamation will provide for public space, it is likely that some form of esplanade strip or conservation covenant will be provided.

The objectives and policies in B8.5 address the management of the Hauraki Gulf and refer to sections 7 & 8 of the HGMPA and the life supporting capacity of marine ecosystems. These matters have been addressed in sections 8.1 and 8.2 of this report and the proposal is considered to be complementary to the ARPS objectives and policies.

Overall, the proposed development is considered to be complementary to the relevant ARPS objectives and policies. The proposal is complementary to the Westhaven Masterplan and will be designed and constructed in a manner which acknowledges the values of the coastal landscape in which it sits and will be complementary to the existing character of the locality. The proposed use and development has been

carefully designed to avoid degradation of water quality, and will be complementary to existing structures/land in the vicinity. The stormwater and mudcrete reclamation solutions proposed will provide the most effective management approach to remedy potential water quality and ecological values.

The proposal is consistent with the ARPS as its policies provide scope for the type of development proposed in this application. The proposal will result in the improvement of public access to the harbours edge. The marina is a significant part of the waterfront and the importance of providing for activities of regional significance in the coastal marine environment is supported by the associated planning framework.

Recreational activities in the coastal marine environment are an integral part of Auckland’s culture. The expansion of the marina allows for these activities to be carried out in a more efficient manner and provides further opportunities for increased public space and facilities in the area. The works proposed will not hinder the ability for public vessels to use marina facilities (boat ramp) and access the harbour. The expansion will have no effect on St Marys Bay and the recreational activities (kayaking, paddle boarding etc.) that occur in the area. Improved access of the harbours edge will be provided by the public open space proposed. The inclusion of this public open space shows shift towards prioritising public use of the marina in conjunction with some commercial uses.

The application will enhance existing facilities through appropriate intensification, resulting in a more functional marina facility. The application will not result in any significant changes to that character or the existing landscape. This is supported by the Brown NZ report. Moreover, the application will enhance the high quality character of the locality by providing public space and recreational elements that are complementary to the character of the coastal environment.

Overall, the combination of the above factors means that Westhaven is an appropriate location for use and development in the coastal environment in the manner proposed in this application.

8.4 Auckland Unitary Plan Operative in Part

Objectives and Policies

Within the Unitary Plan consideration is required to be given to Westhaven Precinct Provisions and the Coastal Marina Zone. The relevant Unitary Plan objectives and policies for the Westhaven- Tamaki Herenga Waka Precinct and the Coastal Marina Zone are addressed below.

Chapter I213- Westhaven Tamaki Herenga Waka Precinct

I213 Westhaven- Tamaki Herenga Waka Precinct Objectives (1) A world-class marina for recreational boating and water sport activities that is supported by other marine and port activities and a limited range of commercial business activities that rely on and benefit from a waterfront and marina location and contribute to the efficient operation of the marina and amenity of the waterfront.

(2) A safe convenient and interesting environment, which provides for and encourages pedestrian and cycling use and improves connectivity within the precinct and to adjacent areas of the city.

(3) The efficient use and development of Westhaven marina, principally for recreational and competitive boating activities.

(4) Adverse effects arising from activities and development are avoided, remedied and or mitigated, in an integrated manner across mean high water springs.

Assessment: The proposed public space reclamation and marina extension are consistent with the Westhaven Plan and form part of the Stage 1 works within that plan. Other elements of Stage 1 include the waterfront promenade (constructed) and the Marine Centre (consented). As a result it is clear that there has been a comprehensive and integrated approach to the redevelopment of Westhaven which will result in the efficient operation of the marina and positive amenity outcomes for the waterfront. These include improved pedestrian and cycling facilities over the proposed public space reclamation and a high quality recreational open space area which has been designed to achieve Te Aranga design principles and have direct cultural and physical input from local iwi. The public space will add to the already improved connectivity within the Precinct and will further be enhanced once the SkyPath connection over the Auckland Harbour Bridge is developed. These elements will also improve connectivity to adjacent areas of the city including Wynyard Quarter and along the City Centre waterfront.

The proposed reclamation and marina have a functional need to be located within the marina and are provided for by the relevant rules and standards applying to Westhaven Precinct. The recreational use of the marina will also be further provided for by providing larger berthage which is reflective of current demand trends. The larger berthage will make the marina more competitive and efficient as it will spread the demand for parking and services across the marina as opposed to being focussed on the southern end.

The adverse effects of the proposal are outlined in detail in the effects assessment section of this report. In terms of character, visual amenity and coherence, ecology and water quality and life supporting capacity of this coastal environment, any adverse effects will be minor and will be adequately avoided, remedied or mitigated by the proposal and any conditions of consent (if granted).

Policies

(1) Enable the efficient operation and development of the marina by providing for activities that have a functional need to locate in or adjacent to the coastal marine area, while avoiding, mitigating or remedying any significant adverse effects across mean high water springs.

(2) Enable the use of Westhaven Marina for a limited range of non-marina based activities provided in the current and future function and growth of the marina for recreational boating and accessory activities is not compromised.

(3) Limit maximum building height and the location of building platforms to an appropriate scale to the marina waterfront setting and maintain identified views to and from the city centre.

(4) Encourage development and use of the marina to enhance pedestrian and cycling access to and along the city centre waterfront and adjoining residential areas to the extent that such activities do not compromise the current and function and growth of the marina for recreational boating and accessory activities.

(5) Public open space and ancillary buildings and structures are established to connect Westhaven Precinct to Point Erin in a manner that provides for increased opportunity for recreation and access to, along, or over the coastal marine area.

(6) Manage the land and coastal marine area to maintain and enhance the ecology of the natural coastal environment and built environment within the precinct.

Assessment: The policies have been addressed in the above sections of this report and the objectives above, particularly in relation to matters of efficiency, functional need, access to and along the waterfront, public open space and ecology. In terms of ecology and the existing character of the marina and locality, it should be recognised that this locality has been progressively modified to reflect its existing current form and it’s recognition as a marina precinct identifies it as a future development area. Therefore, water quality and character effects of the proposal are to be considered against the modified nature of this environment. The ecological assessment and civil engineering assessment have confirmed that any adverse effects will be minor and are appropriately avoided, remedied or mitigated. Therefore, it is considered that the life supporting capacity of the coastal environment is sustained and the provisions of the NZCPS and HGMPA are satisfied.

In terms of connections to Point Erin, while this proposal does not provide for that outcome, it does not preclude it. The Westhaven Marine Centre project and the waterfront promenade project provides for this outcome separately. Importantly however, the proposal does provides for increased opportunity for recreation and access to and along the waterfront. This is provided for by the promenade around the water’s edge, areas of lawn and landscaping, carparking, the carefully designed landscape path and the observation area that the path leads to.

Overall, it is considered that the proposal is complementary to the Westhaven Precinct objectives and policies.

Chapter F3- Coastal- Marina Zone

F3 Coastal- Marina Zone Objectives (1) The adverse effects of marinas on the coastal environment are avoided, remedied or mitigated. (2) Marina activities are located in the Coastal- Marina Zone which encompasses the coastal marine area and any adjoining land used for marina related activity. (3) Marina and related supporting facilities are developed, used, maintained, refurbished, reconstructed and berthage maximised. (4) Marina development and redevelopment above and below mean high water springs is integrated. (5) Activities in the Coastal-Marina Zone that do not have a functional need for a coastal location have priority over those that do not. (6) Access to the waterfront for berth holders and the public is maintained or enhanced. (7) Limited expansion of existing marinas in the coastal marine area is enabled provided there is adequate infrastructure to support it and any adverse environmental effects are avoided, remedied or mitigated.

Assessment: The above objectives are mainly aimed at marina development, whereas this proposal relates to an existing marina, which is more specifically managed by the objectives and policies of the Westhaven Marina precinct. This proposal however will facilitate the further development of the existing marina and a step towards maximising berthage with the conversion of some 103 pile moorings to provide for 117 marina berths. Access to the berth holders will be provided for from the southern edge of the proposed reclamation via controlled entry points, gangways and pontoons, as is standard for berthage. Public access will be provided over the reclamation with the northern frontage providing the amenity benefits and maximising advantages provided by aspect, outlook and solar access.

In terms of infrastructure, stormwater infrastructure is proposed within the new reclamation and comprises a series of raingardens and tree pits which are connected by a piped network. Stormwater management is provided through filtration which will ensure contaminants are removed prior to the filtered stormwater being discharged to the coastal marine area. Accordingly, adverse effects will be appropriately avoided, remedied or mitigated.

Policies

There are ten detailed policies that apply to the Marina Zone which cover matters that have been addressed either within the Westhaven Precinct, or the analysis on the NZCPS, HGMPA, ARPS or the effects assessment above.

New issues raised relate to the provision for convenient facilities for refuse, recycling and other matters. These are provided for within the proposed carpark and will be conveniently accessible for berth holders and the wider public.

Traffic effects on the wider road network have been considered by the Transport Assessment provided with the application and the report concludes that the traffic associated with the additional 103 carparks can be

accommodated within the capacity of the existing network.

Assessment Criteria

The proposed development is subject to a number of restricted discretionary activities over which the Council has restricted its discretion and where relevant assessment criteria apply. The preceding environmental effects assessment and the compliance table largely address the matters covered by the assessment criteria however the following comments are considered relevant.

Chapter I213 Westhaven- Tamaki Herenga Waka Precinct

Chapter I213.8.2 – Westhaven- Tamaki Herenga Waka Precinct Matters of Discretion and Assessment Criteria (2) Maintenance dredging and capital works Comment dredging:

(a) Whether measures are taken to avoid, remedy or It is proposed to undertake 75,000m3 of capital mitigate adverse effects on coastal processes, dredging in order to provide for the reclamation. The mudcrete process is to be utilised to minimise ecological values, and water quality; potential effects on water quality and ecological

(b) Whether effects on other users of the coastal values. The ecological report and civil engineering marine area during the dredging are avoided, report confirms that any potential adverse effects remedied or mitigated; will be minor. (c) Whether consent duration is limited to the minimum duration reasonably necessary for the Effects on coastal processes have been considered in functional or operational needs of the activity; the Harbour Hydraulics analysis and it confirms that the marina flushing time and predicted (d) Whether monitoring is required in order to sedimentation levels are consistent with accepted demonstrate the extent and type of effects of the recognised standards and will not result in additional dredging, and the degree to which the effects are sedimentation of the marina. avoided, remedied or mitigated during and after the activity. The applicant accepts the duration of the consent to be consistent with the construction period. However, as the works have not as yet been programmed it is requested that a reasonable time be given in order to give effect to the required dredging.

(7) observation areas, viewing platforms and boardwalks:

(a) the assessment criteria in F2.23.2(1) and The observation area will be constructed from F2.23.2(17) of the Coastal – General Coastal timber, concrete and steel, all of which are materials Marine Zone rules apply, in addition to the suited to the coastal environment and which are criteria below; complementary to it. Further, these materials will be complementary to materials proposed to be used

(b) whether the design and finish complement and for the public space. enhance the coastal environment, open spaces and pedestrian linkages.

In summary, the proposal is considered to be consistent with the provisions of the AUP: OiP.

8.5 Auckland Regional Plan: Coastal (ARPC) As the AUP: OiP coastal provisions have not as yet been approved by the Minister of Conservation, those provisions remain proposed and it is necessary to consider the ARPC. The Council have advised that the Regional Coastal Plan provisions of the Unitary Plan are with the Minister of Conservation for approval and it is anticipated that formal approval may be received in the near future.

The ARPC sets out the relevant provisions for managing occupation, use and development of the CMA. The relevant provisions that are applicable to this proposal are set out and addressed in detail in Attachment K to this report. A summary of that analysis is provided below.

The ARPC controls reclamation works, dredging, marina development, structures and activities within the CMA. The plan contains a comprehensive set of objectives and policies relating to these matters. These provisions will, however become inoperative once the Auckland Unitary Plan coastal provisions become operative. The following summary addresses the matters relevant to this application.

The intensification of marinas is provided for in the ARPC, however this only relates to intensification within a defined marina management area. The proposal will require marina berthage outside of the specifically defined marina management area in the ARPC, however it is important to note that this area is already being used for pile moorings as part of Westhaven Marina. The proposal seeks to intensify this area to facilitate the growth of berthage in an already developed part of the marina (albeit pile moorings), rather than developing a new part of the harbour for a marina extension. Westhaven Marina is already a modified coastal area and the proposal is consistent with the existing modified character of the CMA. The proposed conversion of sile moorings to marina berthage will change the appearance of this part of the marina provided by the pile moorings, however the effects of the change, when considered against the context of the locality and visual simulations provided will be complementary to the character of the existing marina and will be visually coherent to existing structures, activities and development in this locality.

The proposed reclamation is required to provide for the operational needs of the marina and will directly service the needs of the marina berths in addition to providing public open space and public access to and along the water’s edge. It is not proposed to reclaim an excessive area of land (approximately 6300m2 of land area above Mean High Water Springs and approximately 13,000m2 on the seabed) which will be used for public open space purposes, parking and facilities that directly serve the proposed berthage.

The dredged material from the marina basin will be re-purposed as mudcrete for the reclamation. All structures proposed as a part of the proposal such as pile moorings, fixed and floating walkways, refuelling stations etc. will all support marina activities. Other structures associated with the open space area will improve the amenity of the area and reflect the cultural association of iwi with this area. Occupation of the space is provided for by the existing occupation permit issued for the marina which is valid until 2047.

The proposal also provides for significant public benefit through the provision of public open space and pedestrian infrastructure that will improve access to the harbour’s edge and the amenity of the marina. Vehicle parking and traffic associated with the proposal are consistent with the provisions of the plan as it ensures access to the marina facility and to the planned public open spaces.

The proposal has taken into account the effects of potential natural hazard events, coastal inundation and sea-level rise and this has been modelled into the design level of the public open space extension. The Chart Datum level of 4.7m is considered to be acceptable by the project engineers.

The proposed development (marina berths, carparks, starter box and coastal observation area) have a functional and operational need to be established within the CMA and will provide for the recreational needs of the public, including future berth holders and visitors to the locality. Further, the proposed use and development of Westhaven Marina as proposed in this application will not adversely affect the life supporting capacity of the coastal environment to an extent that is other than minor.

Overall, the proposal represents an efficient use of the CMA and the proposed activities and structures are considered to be appropriate. For these reasons, the proposal is considered to be consistent with the objectives and policies of the ARPC.

8.6 Public Access to the Coastal Edge Overall, the proposal comprises a reclamation for public open space and pile berthage for vessels. This includes ancillary activities such as parking, infrastructure, landscaping, an observation area, promenades

around the coastal edge and cultural heritage elements. As the proposal is not a subdivision or development of land the relevant regulatory provisions do not require an esplanade reserve or esplanade strip.

However, the maintenance and enhancement of public access to and along the coastal marine area is a matter of national importance under section 6(d) of the RMA. This is further endorsed by the NZCPS via objective 4, policy 10 and policy 18. Accordingly, it is proposed to extend the existing public accessway around the edge of the proposed reclamation in order to ensure ongoing public access to the water’s edge for the public in addition to the public accessible open space over the northern portion of the reclamation and general pedestrian access through the carpark. In Auckland’s City Centre, the downtown waterfront has been subject to this same approach in order to ensure public access along the water’s edge and there is no requirement for an esplanade reserve. The width of the public accessway has varied depending on the proposed use of the land and whether private development is proposed. In this instance, no private development is proposed (only recreational marina activities) and therefore a 5m width is considered acceptable.

9.0 CONSULTATION

Panuku have been engaged in a consultation process with iwi via the established Panuku Development Auckland Forum. This commenced in October 2015. The forum comprises the following iwi (note: not all iwi or Panuku representatives were at all sessions and some have departed from the process at various points):

 Ngai Tai ki Tamaki  Ngati Maru  Ngati Paoa  Ngati te Ata Waiohua  Te Kawerau a Maki  Ngati Manuhiri  Ngati Rehua  Ngati Whatua Kaipara  Ngati Whatua o Orakei  Ngaati Whanaunga  Te Patukirikiri

 Ngati Tamaoho  Ngati Tamatera  Te Runanga o Ngati Whatua  Te Akitai Waiohua

A summary of the consultation meeting outcomes is provided above in this report under the cultural effects section and is also relevant here.

Following the consultation process, the Brown NZ Report outlines the iwi consultation process undertaken through the Panuku Development Auckland Mana Whenua Collective (which is the same as above). The report outlines how the proposal addresses the Te Aranga Design Principles and affirms important landscape connections and values such as Tohu – The wider cultural landscape, Mahi Toi – Creative expression and Ahi Ka – the living presence.

Discussions with iwi will also involve ongoing input and monitoring with regard to environmental outcomes not only during the design phase but also the construction phase and ongoing monitoring after construction is completed. This approach provides a much broader opportunity for iwi involvement as opposed to standard conditions of resource consent and enables a future guardianship role for iwi for the Westhaven area. It is noted however, that iwi maintained a general opposition to reclamation in principle throughout the process.

Consultation regarding the higher level development of Westhaven was undertaken as part of the Westhaven Plan process in 2013. More recently consultation has been undertaken with the Westhaven Marine Users Association and the Royal NZ Yacht Squadron, who have both provided their written support for the proposal. The Nav Station and Busfield Marina have also provided letters of support for the application.

10.0 PART II RMA

Part II sets out the purpose of the RMA, which is to promote the sustainable management of natural and physical resources. As stated in section 5 of the Act, this means:

5(2) In this Act, sustainable management means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while –

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Sections 6, 7 and 8 of the RMA outline the matters of national importance, other matters and the principles of the Treaty of Waitangi, which are integral to achieving the purpose of the Act and shall be recognised and provided for, regarded to or taken into account in exercising powers under the Act. The parts of these sections that are particularly relevant to this application include:

6. …recognise and provide for the following matters of national importance - (a) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (d) The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (f) The protection of historic heritage from inappropriate subdivision, use, and development. (g) the protection of protected customary rights: (h) the management of significant risks from natural hazards.

7. …have particular regard to all subsections except (ba), (h) and (j).

8. …shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

The proposal is considered to be complimentary to the purposes and principles of the RMA. The proposal will result in the sustainable management of resources in that it will result in the ongoing use of this part of the CMA for recreational activities, development, use and facilitating public access to the waterfront.

The proposal has demonstrated that it has given careful consideration to the importance of the CMA, the HGMPA, the NZCPS, The AUP: OiP (including the ARPS) and the ARPC and will therefore result in sustainable development, particularly of the Hauraki Gulf. Importantly, as a matter of national importance maintenance and enhancement of public access to and along the coastal marine area will be provided for. The proposed public open space reclamation will provide for greater public access to this part of the CMA for the wider public, who are more likely to visit this area on foot, by cycle, by vessel or vehicle than the existing situation where access is mainly by vessel or by swimming in the harbour.

As discussed throughout this report, the proposal will have minor adverse effects on the life-supporting capacity of air, water, soil, and ecosystems as the reclamation works and construction methods are sensitive to the Westhaven’s marine environment and the general coastal environment. Any associated adverse environmental effects will be avoided, remedied or mitigated through construction methodologies or conditions of any consent granted. As a matter of national importance and a New Zealand Coastal Policy Statement for the Hauraki Gulf (by virtue of Section 10 of the HGMPA), Panuku has carefully considered whether the proposal sustains the life supporting capacity of the Gulf. The civil engineering, mudcrete leaching and ecological report submitted with the application conclude that any adverse effects will be minor and therefore it is my view that the life supporting capacity of the Hauraki Gulf will be sustained.

With regard to Treaty of Waitangi and iwi issues, comprehensive consultation with iwi has been undertaken, as documented within this report. Te Aranga design principles have driven the open space design and the proposed pouwhenua from each iwi will strongly represent each iwi’s association with the coastal marine area in this locality. Therefore, it is considered that the proposed development will not compromise cultural values but instead will enhance these values (whilst acknowledging the separate MACA process that is being undertaken under separate legislation). The proposed activities will be occurring within a highly modified environment and will continue to facilitate the planned growth of marina in an efficient manner. The proposal recognises and provides for the relationship of Maori and their culture with this location.

In acknowledging Westhaven Marina as a modified coastal environment, there are no recorded archaeological sites in the vicinity of the proposed works. The construction area has been dredged on numerous occasions during the development and maintenance of the marina and works to the seabed in the vicinity of existing breakwater have previously occurred. As a result, it is considered that the use and

development of Westhaven Marina as proposed in this application will not adversely affect any nationally important matters of historic heritage.

The proposed development achieves the efficient use and development of the natural and physical resources of Westhaven Marina and this part of the Waitemata Harbour without adversely affecting amenity values or the quality of the environment to an extent that is other than minor. The technical reports submitted with the application support this conclusion, particularly in the areas of ecology, water quality, character, amenity, visual coherence, traffic, navigation and safety and climate change.

In summary, the proposal is satisfies the sustainable management purpose of the RMA as it provides for the social and cultural well-being of the local community and visitors and their recreational objectives without compromising this resource or environment for future generations. Adverse effects will be appropriately avoided, remedied or mitigated and the life supporting capacity of the CMA will be sustained.

Overall, the proposal is considered to meet the purposes and principles of the RMA and can be granted pursuant to section 104 of the RMA.

11.0 CONSENT DURATION PERIOD

In terms of any relevant consent duration periods, it is requested that the reclamation construction and establishment works be granted for a period of ten years and the marina berthage be granted for the maximum period of 35 years. This would be consistent with the consent duration period previously granted for Westhaven Marina.

12.0 NOTIFICATION

The applicant has requested public notification of the application and therefore it is being lodged on a notified basis under Section 95A(2)(b) of the RMA.

13.0 OTHER MATTERS

As assessed above in this report, the following documents are considered relevant Other Matters, as they outline the higher level strategic goals identified for Auckland’s downtown waterfront and in particular Westhaven. The analysis of these documents is provided in section 5.2 of this report.

 Auckland Waterfront Vision 2040.  Waterfront Plan 2012;  Westhaven Plan 2013

Also, as outlined above consultation with those parties that have made an application for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011 over an area of the Waitemata Harbour have been consulted. Panuku has notified and sought the views of the relevant parties in relation this resource consent application pursuant to section 62(3) of that Act.

14.0 SECTION 104D NON COMPLYING ACTIVITIES

The proposal requires a non-complying activity resource consent for the proposed reclamation under the ARPC. However, once the Unitary Plan coastal provisions are made operative (the provisions are with the Minister at present for approval), this consent matter will fall away and the application will be assessed as a discretionary activity.

Section 104D sets out particular restrictions relating to non-complying activities. Consent may only be granted to non-complying activities if either the adverse effects on the environment will be minor or the activity is not contrary to the objectives and policies of a plan or proposed plan.

The application includes a detailed analysis of effects where it is concluded that the proposal will result in a number of positive effects and will result in less than minor or minor adverse effects. In terms of objectives and policies, the above analysis concludes that the proposal will be complementary to the relevant objectives and policies.

The above assessment confirms that both limbs of section 104D are satisfied by the proposal and therefore it is considered that consent can be granted, pursuant to section 104D.

15.0 CONCLUSION

This application sets out the relevant assessment required for this resource consent application under the RMA and HGMPA. The plans and associated technical reports submitted with the application have been provided in support of the application and in relation the relevant objectives, polies and rules set out in the applicable planning documents.

It is considered that granting consent to the proposed marina expansion and public open space reclamation will enable a high quality marina to be developed in the future and the function of the marina to be sustainably managed. The proposal will facilitate better outcomes for social, economic and community wellbeing, resulting in a marina that is not only renowned for its marina facilities but also for its public amenity and access to the CMA.

In terms of the RMA, all appropriate matters in Section 104 have been addressed, including the: • Actual and potential effects; • The relevant provisions of any plan or proposed plan; and • Any other matters

It is concluded that the proposal satisfies these criteria and is complementary to the relevant provisions of the NZCPS, HGMPA, ARPS, AUP: OiP and APRC. Therefore, in accordance with sections 104B and 104D of the RMA, this resource consent application can be granted.

Vijay Lala Planning Consultant Director Tattico Limited April 2018