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Legal Considerations: Papakura to Pukekohe Rail

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Legal Considerations: Papakura to Pukekohe Rail BEFORE AN EXPERT CONSENTING PANEL UNDER THE COVID-19 RECOVERY (FAST-TRACK CONSENTING) ACT 2020 IN THE MATTER: of an application for resource consents by KiwiRail Holdings Limited for activities associated with a listed project, Papakura to Pukekohe rail electrification. LEGAL CONSIDERATIONS ON BEHALF OF KIWIRAIL HOLDINGS LIMITED FOR THE PAPAKURA TO PUKEKOHE RAIL ELECTRIFICATION CONSENTS 10 MARCH 2021 A A Arthur-Young | K L Gunnell P +64 9 367 8000 F +64 9 367 8163 PO Box 8 DX CX10085 Auckland 4278952 1. INTRODUCTION 1.1 KiwiRail Holdings Limited ("KiwiRail") is a State Owned Enterprise responsible for the management and operation of the national railway network. Its role includes managing railway infrastructure and land, as well as freight and passenger services within New Zealand. 1.2 KiwiRail is a requiring authority pursuant to section 167 of the Resource Management Act 1991 ("RMA") and is responsible for designations for railway purposes throughout New Zealand, including the North Island Main Trunk Line ("NIMT"). 1.3 On an annual basis, KiwiRail transports approximately 25% of New Zealand's exports, carries over one million tourists and provides the infrastructure for 34 million commuter journeys.1 2. THE PROJECT 2.1 This application seeks the approval of the first package of resource consents necessary to authorise the electrification of rail between Papakura and Pukekohe, a "listed project" LP04 ("Project") as described in Schedule 2 of the COVID-19 Recovery (Fast-track Consenting) Act 2020 ("CRA"). KiwiRail is an authorised person for the purposes of section 15 of the CRA. 2.2 KiwiRail has provided detailed information on the Project in the Assessment of Effects on the Environment ("AEE") and supporting documents. This document sets out the legal framework against which the application is to be assessed, including the considerations that are able to be contemplated by the Panel under the CRA. 2.3 KiwiRail is currently investing in significant works to improve Auckland's rail network. This investment is driven by the importance of heavy rail in delivering a quality compact urban form for Auckland, to meet demands for additional passenger service capacity and to address growth in freight volumes. As part of the wider investment in the Auckland rail network, KiwiRail seeks a package of resource consents to undertake the Papakura to Pukekohe rail electrification project. The Project is a regionally significant transport project providing for improved rail services and safety through:2 1 AEE at 2.2. 2 AEE at the Executive Summary. 4278952 2 (a) the electrification of more than 19 km of the North Island Main Trunk Line (NIMT) between the Papakura and Pukekohe stations; (b) enabling works for bare platforms at three new stations (Drury, Drury West and Pāeratā); (c) the upgrading of five level crossings, including the addition of pedestrian gates; (d) the closure of two private level crossings; (e) the upgrading and replacement of existing rail tracks and associated infrastructure along the rail corridor; and (f) the upgrading of Pukekohe Station, including the provision of sidings for electric motor units. 2.4 These works provide a critical missing link in Auckland's electrified rail network, being the 19km of the NIMT between Papakura and Pukekohe.3 This lack of electrification currently requires passengers to switch rail services at Papakura, with only diesel services provided between Papakura and Pukekohe. This arrangement provides a diminished experience for rail users, particularly due to the inconvenience of switching trains mid-commute and the drawbacks of diesel services.4 2.5 These works also provide an avenue to cater for the significant growth planned throughout South Auckland, as detailed in strategic planning documents such as the Auckland Plan 2050.5 The Project will provide services to this planned growth over the coming decades, ensuring that infrastructure is in place prior to the completion of planned urbanisation within South Auckland and the planned expansion of the Auckland Rail Network. 2.6 The expansion of the Auckland Rail Network includes the overhaul of the entire Auckland Metro network through the City Rail Link ("CRL"). CRL is planned to be completed in 2024 and will place increased pressure on sections of the network. This increased pressure requires investment in the form of station upgrades, track replacements and allowing the Metro network to accommodate additional passenger services. The Project will cater to this much needed investment and ensure that the rail line from Papakura to 3 AEE at 4.1. 4 AEE at 4.1. 5 AEE at 2.4.1.1. 4278952 3 Pukekohe will facilitate the increased rail activity that CRL is anticipated to create. 2.7 As a result, the Project will provide a strategic response to demands of improving the customer experience, meeting planned growth and obtaining the full potential of CRL through a $370 million investment in the Auckland Metro network and the transformation of South Auckland's transport network.6 3. APPLICATION PACKAGE 3.1 The physical works for the Project have been broken into two distinct phases, being the enabling works and the main works. The enabling works do not form part of the application for consent with the exception of three access tracks. As set out in the AEE and in paragraph 3.9 below, this is because the enabling works are either permitted or have been subject to an Outline Plan waiver from Auckland Council.7 The main works have been divided into two standalone works packages for consideration by the Panel. 3.2 The main works for the Project involve the work set out in the current application ("First Package") as well as a second application ("Second Package"). The Second Package relates to works on culverts, the potential designation of limited additional land outside the rail corridor and works on a private crossing. The Second Package has been separated from the First Package due to the need to undertake further design, option assessment, stakeholder engagement and environmental related fieldwork for these works. It is appropriate and reasonable to progress the First Package in order to avoid undue delays to the beginning of construction of this much needed infrastructure upgrade. 3.3 The Panel is able to consider, and grant consent to, the First Package as a stand-alone package under the CRA. As provided by the CRA, the purpose of an expert consenting panel is to ensure decisions are made on one or more consent applications for a listed project.8 This is further endorsed through Part 6 of the fast track consent application, which provides an avenue for applications that are part of a project to be considered in stages, with separate applications to be lodged for each stage.9 Considering the Project in two stages is also consistent with the purpose of the CRA to urgently promote 6 AEE at 4.1. 7 AEE at 4.4. 8 COVID-19 Recovery (Fast-Track Consenting) Act 2020, sch 5, cl 1(1)(a). 9 Fast track consent application form, at Part 6. 4278952 4 employment to support the economic recovery of New Zealand from COVID- 19 through the fast-tracking of infrastructure projects,10 the works are also urgently needed to ensure that the Project is completed in advance of CRL coming online. First Package 3.4 The First Package seeks approval for a number of main works activities, including:11 (a) bulk earthworks across the entire project footprint; (b) the construction of two temporary access tracks outside of the rail corridor that are located within Stormwater Management Area - Flow 1 overlays; (c) the disturbance of contaminated material at Pukekohe Station and Stabling Yard; (d) the use of 60 Mercer Road as a construction yard and site office for 5 years; (e) the removal of up to approximately 34,750 m2 of vegetation from the riparian areas of 35 streams; and (f) the removal of up to approximately 9,120 m2 vegetation within 10 m of 11 wetlands. 3.5 These works will each contribute to extending the Auckland Electrified Network from south of Papakura Station to the southern end of Pukekohe Station. 3.6 The First Package works do not require an application for streamworks or alterations to the designation. Also, importantly, the First Package works are not dependent on approvals being granted for the Second Package. A comprehensive description of the main works is provided at 4.6 of the AEE. Second Package 3.7 As noted in the AEE, the Second Package will be prepared and submitted to the EPA in the second quarter of 2021.12 The works that come under the 10 COVID-19 Recovery (Fast-Track Consenting) Act 2020, s 4. 11 AEE at Executive Summary, 4.5 and 5.6. 12 AEE at 4.6.8. 4278952 5 Second Package are described below and in the AEE, these descriptions are included for the Panel's information to provide a fuller picture of the Project. These works include: (a) The closure of Sutton Road private crossing.13 KiwiRail has identified that the increased rail services and the installation of OLE will require the closure of this crossing in order to ensure public safety. Further engagement with the landowner and Auckland Transport is required to determine the most appropriate means to provide access to the public road network once the crossing is closed. (b) Culvert and associated drainage works.14 The Project is likely to require repair and improvements to the drainage infrastructure of the rail corridor. While this will generally require simple repairs to existing culverts, the design and scope of these works is still being progressed and is not at a consent application stage. Given this early stage of design, KiwiRail is not yet able to confirm which culverts / drains are affected or the number of streamworks consents required.
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