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TRANSCRIPT OF PROCEEDINGS East West Link Proposal HEARING at HUNTERVILLE ROOM, ASCOT STAND, ELLERSLIE EVENT CENTRE, 80 ASCOT AVENUE, REMUERA, AUCKLAND on 7 August 2017 BOARD OF INQUIRY: Dr John Priestley (Chair) CNZM QC Mr Alan Bickers (Deputy Chair) MNZM JP Mr Michael Parsonson (Board Member) Ms Sheena Tepania (Board Member) Hearing Proceedings Day 24 Monday 7 August 2017 Time Name Representing Topic Documents Submitted / Transcript Ref. Presented Page no's 9.09 am Dr Priestley Board of Inquiry Housekeeping 3190 9.10 am Ms Eaves Auckland Council Examination-in-chief by Mr Hearing Summary 3190 Lanning Exhibit I – Te Kawerau Iwi NZ Map Exhibit J – Cultural sites and walking route Map 9.21 am Board Board of Inquiry Questions 3194 9.31 am Mr Enright Ngāti Whātua Cross-examination 3197 Orākei and Te Kawerau Iwi Tribal Authority 9.48 am Dr Hewison The Onehunga Cross-examination 3203 Enhancement Society 9.55 am Board Board of Inquiry Questions 3205 9.58 am Mr Mulligan NZ Transport Cross-examination 3206 Agency 10.11 am Board Board of Inquiry Questions 3210 10.14 am Mr Mulligan NZ Transport Cross-examination cont'd 3212 Agency 10.33 am Board Board of Inquiry Questions 3219 10.34 am Dr Priestley Board of Inquiry Housekeeping 3220 10.36 am Morning tea 3222 10.51 am Mr Mulligan NZ Transport Cross-examination cont'd 3222 Agency 11.03 am Board Board of Inquiry Questions 3227 11.15 am Dr Priestley Board of Inquiry Housekeeping 3231 11.17 am Mr Gordon KiwiRail Examination-in-chief by Ms Hearing summary 3232 Arthur-Young 11.23 am Board Board of Inquiry Questions 3235 11.35 am Ms Evitt NZ Transport Cross-examination 3239 Agency 11.41 am Ms Beals KiwiRail Examination-in-chief by Ms Hearing summary 3243 Arthur-Young 11.49 am Ms Evitt NZ Transport Cross-examination 3246 Agency 11.51 am Board Board of Inquiry Questions 3247 11.54 am Mr Norman Auckland Council Examination-in-chief by Mr 3248 Lanning 11.55 am Board Board of Inquiry Questions 3249 12.10 pm Dr Hewison The Onehunga Cross-examination 3255 Enhancement Society 12.28 pm Lunch 3262 1.31 pm Mr Pitches Campaign for Cross-examination 3262 Better Transport 1.42 pm Board Board of Inquiry Questions 3268 1.47 pm Mr Mulligan NZ Transport Cross-examination 3270 Agency 2.13 pm Board Board of Inquiry Questions 3280 2.14 pm Mr Mulligan NZ Transport Cross-examination cont'd 3280 Agency 2.17 pm Dr Priestley Board of Inquiry Discussion with Mr Pitches 3281 2.18 pm Mr Mulligan NZ Transport Cross-examination cont'd 3282 Agency 2.23 pm Mr Lanning Auckland Council Re-examination 3284 2.28 pm Ms Soene Auckland Council Examination-in-chief by Mr 3286 Lanning 2.28 pm Dr Hewison The Onehunga Cross-examination 3286 Enhancement Society 2.41 pm Board Board of Inquiry Questions 3290 2.57 pm Mr Mulligan NZ Transport Cross-examination 3296 Agency 3.02 pm Mr Marler Auckland Council Examination-in-chief by Mr Exhibit K – East West 3299 Lanning Connection, Working Group Minutes 31.05.17 Exhibit L – Towards an Onehunga Foreshore Concept Plan, workshop two 24.05.17 3.02 pm Dr Hewison The Onehunga Cross-examination 3299 Enhancement Society 3.12 pm Board Board of Inquiry Questions 3301 3.14 pm Dr Hewison The Onehunga Cross-examination cont'd 3301 Enhancement Society 3.12 pm Board Board of Inquiry Questions 3302 3.14 pm Dr Hewison The Onehunga Cross-examination cont'd 3303 Enhancement Society 3.17 pm Board Board of Inquiry Questions 3304 3.18 pm Dr Hewison The Onehunga Cross-examination cont'd 3305 Enhancement Society 3.36 pm Board Board of Inquiry Questions 3308 3.30 pm Dr Priestley Board of Inquiry Housekeeping 3310 3.31 pm Afternoon tea 3311 3.46 pm Board Board of Inquiry Questions 3311 3.49 pm Mr Burns The Onehunga Cross-examination 3312 Enhancement Society 3.59 pm Ms Kinzett Onehunga Cross-examination 3316 Business Association 4.09 pm Board Board of Inquiry Questions 3321 4.11 pm Ms Kinzett Onehunga Cross-examination cont'd 3322 Business Association 4.15 pm Mr Jackson The Onehunga Cross-examination 3324 Enhancement Society 4.17 pm Mr Mulligan NZ Transport Cross-examination 3325 Agency 4.43 pm Board Board of Inquiry Questions 3337 4.44 pm Mr Lanning Auckland Council Re-examination 3337 4.50 pm Board Board of Inquiry Questions 3339 4.52 pm Mr Lanning Auckland Council Re-examination cont'd 3340 4.54 pm Dr Priestley Board of Inquiry Housekeeping 3341 4.59 pm Adjourn 3346 Page 3190 [9.09 am] DR PRIESTLEY: Counsel, as you know we are going to be deposing at some stage two KiwiRail witnesses who have commitments which need to be 5 accommodated elsewhere but we're ready to start at 9.00 am with Ms Eaves, Mr Lanning, is she ready to go? MR LANNING: She is. 10 DR PRIESTLEY: Swear her in, please. MR LANNING: Sir, while Ms Eaves is coming up, can I also indicate that Ms Bartley, who's the chair of the Maungakiekie-Tāmaki Board is still unwell. 15 DR PRIESTLEY: She is still sick? MR LANNING: So the deputy chair, Mr Diver, is available today and he can effectively adopt her evidence and answer any questions from the Board's point of view, if that is acceptable? 20 DR PRIESTLEY: Are you calling him today? MR LANNING: Yes, if that's acceptable to the Board, rather than delaying. 25 [9.10 am] DR PRIESTLEY: But also we've had a phone call from a Mr Pitches who is chair or spokesperson for the Campaign for Better Transport and he is anxious to cross-examine your economics witness, Mr Norman. I don't know 30 whether you know that. So that may change the timing estimate slightly. MR LANNING: Yes. 35 DR PRIESTLEY: Please swear in the witness, thank you. Ms Eaves (affirmed) MR LANNING: Good morning, Ms Eaves, could you please confirm that your full name 40 is Myfanwy May Eaves? MS EAVES: It is. MR LANNING: And have you produced a statement of primary evidence for this 45 hearing? MS EAVES: I did. Ellerslie Event Centre, Auckland 07.08.17 Page 3191 MR LANNING: Do you have the qualifications and experience set out in section 1 of that evidence? MS EAVES: I do. 5 MR LANNING: Can you confirm the evidence is true and correct? MS EAVES: It is. 10 MR LANNING: Have you produced a summary statement of evidence? MS EAVES: I have. MR LANNING: Could you please read through that, thank you? 15 DR PRIESTLEY: Have you got it there, Ms Eaves? MS EAVES: I've got my edited version and a slightly messy one and I can read from that. 20 DR PRIESTLEY: Has she got what you want her to read, Mr Lanning? MR LANNING: I hope so, sir. 25 DR PRIESTLEY: Well, maybe you should check. MR LANNING: That would be preferred. MS EAVES: It's Monday. 30 "Corrections to evidence, 1, 8.2(f) on page 10, omission of "an". The sentence should read "by and large an archaeologist". (b) Line 1, page 13, omission of a word, "It is strongly suggested that 35 the methods of interpretation that may be provided as mitigation cover the entire East West Link route". (c) Section 5.2 of my evidence-in-chief, I refer to the first fencible core in New Zealand, the first and only mildly fencible core was located on 40 their own land at what is now Mangere Bridge village. Governor Grey signed an agreement with Ngāti Mahuta to create this core in 1849. The communities on either side of the Manukau inlet crossing, which are bridged, are inextricably linked. 45 (d) The Aotea Sea Scouts Hall, number 2598, and Waikaraka grounds and cemetery, number 1755, are schedule for multiple historic heritage values and are subject to additional rules for archaeological sites and Ellerslie Event Centre, Auckland 07.08.17 Page 3192 features. (e) I have visited the publicly accessible sites on numerous occasions with and without NZ Transport Agency and my colleagues. I have not 5 visited the Anns Creek area as the area is either private property or hazardous rail corridor. 2. Overview of key conclusions of evidence. Dr Felgate has adequately identified and assessed the potential effects on 10 archaeological sites to identify that risk to historic heritage along the application route. Accordingly, I make no changes to my evidence-in- chief. 3. Summary of issues resolved and unresolved. The draft conditions 15 for historic heritage remain unresolved. The issues relate to the relationship between the two statutory regimes covering archaeology. One is the Heritage New Zealand Pouhere Taonga Act 2014, HNZPTA, the other is the Resource Management Act 1991, RMA. The RMA definition of historic heritage is broad and contains archaeology as one 20 of the contributing resources to our understanding of our history. These two pieces of legislation work in tandem. I consider it is not appropriate to exclude one in preference for the other. Within the project designation conditions I consider it appropriate that 25 reference is only made to the relevant Auckland Unitary Plan provisions which protect historic heritage as defined by the RMA. The key provisions in the unitary plan for addressing unseen historic heritage are the accidental discovery rules contained in E11(6) regional and E12(6) district. These provisions contain mechanisms to inform 30 relevant authorities and parties in the event of an accidental find, including Heritage New Zealand Pouhere Taonga.