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

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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.

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(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);

(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.

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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.

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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;

(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.

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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. Consequently, there has not been able to be any meaningful engagement with mana whenua or other key stakeholders. Delaying the application for these works in the Second Package will allow KiwiRail to ensure that cultural values are appropriately addressed and the effects of these works are reduced.

(c) The provision of a new power feed and transformer to transfer electrical power from the local grid to the OLE cables. This is in the early stages of design and requires a proper design and consultation process to be undertaken prior to consent being sought.

3.8 Delaying the First Package to incorporate these limited additional works would be inefficient and inconsistent with the purpose of the CRA to provide urgent employment and investment opportunities. Such delay would also compromise the ability of KiwiRail to provide the works that are required to be completed in advance of CRL becoming operational in 2024.

13 AEE at 4.6.8.1. 14 AEE at 4.6.8.2..

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Works not before the Panel

Enabling works

3.9 Enabling works are required in order to facilitate the main works that are proposed in this application. The enabling works of the Project have already commenced, beginning in late 2020 following approval via an Outline Plan waiver from Auckland Council, with other works undertaken either as permitted activities under the CRA or the Auckland Unitary Plan, and an archaeological authority from Heritage New Zealand. These works include safety improvements to level crossings, upgrades to signals, construction of access tracks and construction of a combined services route to carry power and communication cables along the rail corridor.15 A more complete description is provided in Table 4-3 of the AEE.16

3.10 Under the CRA, the Panel is authorised to consider consent applications, notices of requirement and alterations to designations, however its scope does not extend to considering the Outline Plan process nor applications for waivers from that process.17

3.11 The enabling works of the Project have been included for information purposes and context. However, we note that these works are precluded from consideration by the Panel as they are not part of this application package.

Works within KiwiRail's designation

3.12 KiwiRail is entitled to undertake activities within the NIMT corridor in accordance with its designation provided the outline plan process set out in the RMA is followed.18 As set out above, there is no basis to submit an Outline Plan to the Panel under the CRA. An Outline Plan will be lodged with Auckland Council in due course for matters including the location, height and appearance of new structures (e.g. OLE or station structures), and car parking that fall within KiwiRail's designation. This will be assessed under the normal RMA processes and is outside the scope of this application.

3.13 The Panel must disregard any comments from invited parties to the extent that they relate to the enabling works or any works that are the subject of the future Outline Plan application to Auckland Council. This includes any comments on OLE or station structures.

15 AEE at 4.4. 16 AEE at 4.4. 17 COVID-19 Recovery (Fast-Track Consenting) Act 2020, sch 5, cl 1(1). 18 Resource Management Act 1991, s 176 and s 176A.

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4. LEGAL FRAMEWORK

CRA

4.1 Fast-track consenting is enabled by the CRA. The CRA seeks to urgently promote employment to support New Zealand's recovery from the economic and social impacts of COVID-19 and to support the certainty of ongoing investment across New Zealand.19

4.2 Schedule 6 of the CRA provides the specific form, manner and content requirements for consent applications, with clauses 9 and 12 prescribing the relevant information required.

4.3 As confirmed by the accompanying checklist, this application is compliant with the specific form, manner and content requirements set out in Schedule 6 of the CRA. Further, the application is not subject to any project-specific restrictions or obligations as set out in Schedule 2.

4.4 The Project meets the purpose and intent of the CRA, operating as an economic stimulus for Auckland and New Zealand by having a Project value of approximately $371 million and directly creating more than 200 jobs, as well as indirectly providing an economic stimulus to project supply chains.20 As New Zealand faces uncertainty with the COVID-19 pandemic, the Project acts to urgently promote employment to support New Zealand's recovery from the economic and social impacts of COVID-19 and to support the certainty of ongoing investment across New Zealand.21

4.5 The Project also meets the purpose of the Act considerations set out in section 19 of the CRA, in particular:

(a) the Project's effects on the social and cultural well-being of current and future generations;22

(b) contributing to well-functioning urban environments;23

(c) providing infrastructure in order to improve economic, employment and environmental outcomes, and increase productivity;24 and

19 COVID-19 Recovery (Fast-Track Consenting) Act 2020, s 4. 20 AEE at 6.3. 21 AEE at 6.3. 22 COVID-19 Recovery (Fast-Track Consenting) Act 2020, s 19(b). 23 COVID-19 Recovery (Fast-Track Consenting) Act 2020, s 19(d)(iii). 24 COVID-19 Recovery (Fast-Track Consenting) Act 2020, s 19(d)(iv).

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(d) contributing to New Zealand's efforts to mitigate climate change and transition more quickly to a low-emissions economy (in terms of reducing New Zealand's net emissions of greenhouse gases).25

Grounds to decline consents sought

4.6 In the case of listed projects, the Panel's ability to decline a consent application is limited to two grounds.26 These are in instances where the Panel considers that granting consent, with or without conditions, would be inconsistent with:

(a) any national policy statement, including the New Zealand Coastal Policy Statement ("NZCPS"); and

(b) section 6 of the CRA, which requires all persons performing functions and exercising powers under it to act in a manner that is consistent with the principles of the Treaty of Waitangi and Treaty settlements.

4.7 Where a listed project is not inconsistent with these matters, the Panel must grant consent.

4.8 As set out in these legal considerations and in the AEE, the Project is not inconsistent with any national policy statements, principles of the Treaty of Waitangi, or with any Treaty Settlement. Therefore, the Panel must grant the resource consents sought, subject to any conditions that it deems appropriate.

4.9 KiwiRail has developed a proposed set of comprehensive conditions that appropriately manages the adverse effects of the Project on the environment. These are discussed further in section 5 below.

National Policy Statements

4.10 As set out in the AEE, this application is consistent with each of the relevant National Policy Statements, being the National Policy Statement for Urban Development 2020 ("NPS-UD") and the National Policy Statement for Freshwater Management 2020 ("NPSFM"). The three remaining national policy statements are not relevant to the Project.27

25 COVID-19 Recovery (Fast-Track Consenting) Act 2020, s 19(d)(vii). 26 COVID-19 Recovery (Fast-Track Consenting) Act 2020, sch 6, cl 34(1). 27 National Policy Statement for Renewable Electricity Generation; National Statement on Electricity Transmission; New Zealand Coastal Policy Statement.

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NPS-UD

4.11 The NPS-UD came into effect on 20 August 2020, replacing the National Policy Statement on Urban Development Capacity 2016.

4.12 The objectives and policies of the NPS-UD aim to ensure that New Zealand's towns and cities are well-functioning urban environments that meet the shifting needs of the wider community. As provided in the AEE, the Project is consistent with the objectives and policies of the NPS-UD. 28 The Project will contribute to a well-functioning urban environment that will meet the needs of both the South Auckland and wider-Auckland community.29 The Project will also ensure that the existing and planned urban environments in South Auckland are well-serviced by public transport30 and support reductions in greenhouse gas emissions.31 The Project has also been designed in a future proofed manner, ensuring that the NIMT transport corridor will be serviceable and accessible to the community for generations to come.

NPSFM

4.13 The NPSFM came into force on 3 September 2020 and provides local authorities with direction on how to manage freshwater under the RMA. The following NPSFM policies are relevant to the Project as provided at Table 8-4 of the AEE:

(a) freshwater is managed in a way that gives effect to Te Mana o te wai;32

(b) freshwater is managed in an integrated way that considers the effects of the use and development of land on a whole-of-catchment basis;33

(d) the habitats of indigenous freshwater species are protected.35

4.14 The Project is consistent with the objectives and policies of the NPSFM. The current application does not require any discharge related consents and does

28 AEE at 8.2.1.1. 29 NPS-UD, Objective 1. 30 NPS-UD, Objective 3. 31 NPS-UD, Objective 8. 32 NPSFM, Policy 1. 33 NPSFM, Policy 2. 34 NPSFM, Policy 5. 35 NPSFM, Policy 8.

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not include any works in streambeds or within a wetland. The application will involve earthworks and vegetation clearance within 10 metres of wetlands, with the effects of these works being managed and mitigated through the proposed conditions.

4.15 Management plans will be employed to limit the potential discharge of sediment and other contaminants into the surrounding environment. As set out in the AEE and proposed conditions, KiwiRail will implement both an Erosion and Sediment Control Plan and a Contaminated Site Management Plan to limit the potential discharge of sediment and other contaminants into the surrounding environment.

4.16 Through hui with mana whenua and commissioning Cultural Value Assessments ("CVAs"), the importance of Te Mana o te Wai has been highlighted.36 The engagement with mana whenua has set out the role that awa have played in their tikanga and the degradation that has been caused by both colonial and modern land development.

4.17 Following consultation with mana whenua, KiwiRail has adjusted its approach to freshwater, for example through recognising the need to improve the stormwater environment present at Pukekohe Station and electing to work with mana whenua to investigate stormwater solutions.37

4.18 Overall, through the condition set and management plans that will be undertaken and implemented by KiwiRail, the freshwater values associated with any of the receiving environments will be safeguarded. For these reasons, the Project is consistent with the objectives and policies of the NPSFM.

NZCPS

4.19 The CRA requires consideration of the extent to which the Project is consistent with the NZCPS. As the works are not located within or near the coastal marine area, the NZCPS is not relevant to the proposed works.38

4.20 The Project is not inconsistent with any National Policy Statement, including the NZCPS. As a result, the Panel may not decline consent for the Project on the grounds provided in Schedule 6, clause 34(1)(a).

36 AEE at Table 8-4. 37 AEE at 6.5 and 6.14. 38 AEE at 8.2.1.3.

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Te Tiriti o Waitangi principles and applicable Treaty settlements

4.21 Section 6 of the CRA provides that in achieving the purpose of the CRA, all persons performing functions and exercising powers under it must act in a manner that is consistent with the principles of the Treaty of Waitangi and with any applicable Treaty settlements.39

4.22 As noted by the Panel in the recent decision on the Matawii application, the CRA does not contain a list of Treaty principles. However, these principles have been developed through case law, which indicates that the principles likely include active protection, good faith consultation and communication, and a spirit of partnership.40

4.23 KiwiRail has formed a long-term partnership with mana whenua for the delivery of the Project, which has helped to ensure, and will continue to ensure, that the Project is consistent with the principles of the Treaty of Waitangi and Treaty Settlements.41 This partnership is exemplified through the monthly hui that KiwiRail has undertaken with mana whenua since 17 September 2020 to help identify the cultural values of the Project area and the measures needed to integrate tikanga into the Project.42

4.24 KiwiRail has also assessed the Project against the relevant Treaty Settlement agreements.43 The Project area is located within the "Area of Interest" of a number of Tamaki Makaurau and Waikato iwi. The following culturally significant sites are located within or within immediate vicinity of the NIMT:44

(a) numerous awa, including the Ngākoroa, Hingaia and Whangapouri;

(b) a statutory acknowledgment area for Ngāti Tamaoho (the Whangapouri);

(c) proposed statutory acknowledgment areas Te Ākitai Waiohua at Pāeratā Scenic Reserve and Camerontown Historic Reserve;

(d) a proposed a Treaty of Waitangi settlement to Te Ākitai Waiohua, being Te Ngahere o Pukekohe (Roose’s Bush) Scenic Reserve.

39 COVID-19 Recovery (Fast-Track Consenting) Act 2020, section 6. 40 Decision of the Expert Consenting Panel concerning the Matawii Water Storage Reservoir, issued 27 October 2020 at [109]. 41 AEE at 8.2.2. 42 AEE at 8.2.2.and 7.4.1. 43 AEE at 8.2.2. 44 AEE at 6.7.3 and 8.2.2.

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4.25 The Project will have no more than minor adverse effects on the Statutory Acknowledgement Areas of Ngāti Tamaoho or those proposed for Te Ākitai Waiohua. Similarly, no more than minor adverse effects are anticipated on the proposed land settlement to Te Ākitai Waiohua at Pāeratā.45

4.26 Through the commissioning of CVAs from mana whenua, the Project team has been provided with a greater understanding of the area's cultural values, history and mana whenua aspirations. As a result of the CVAs and ongoing hui, KiwiRail will continue to involve mana whenua in the planning, design and construction of the Project. This involvement extends to the adjustments that have already been made to the proposed conditions of consent as a direct result of engagement with mana whenua.46 KiwiRail will continue to engage with mana whenua during the operational stage of the Project to keep representatives updated.

4.27 The Project is not inconsistent with section 6 of the CRA, which requires all persons performing functions and exercising powers under it to act in a manner that is consistent with the principles of the Treaty of Waitangi and Treaty settlements. As a result, the Panel may not decline consent for the Project on the grounds provided in Schedule 6, clause 34(1)(b).

5. CONDITIONS

5.1 The CRA sets out that a Panel may grant a resource consent subject to the conditions it considers appropriate.47 The CRA requirements are that the Panel must:

(a) subject to Part 2 and the purpose of the CRA, have regard to:

(i) any actual and potential effects on the environment of allowing the activity,48 but may also disregard an adverse effect of the activity on the environment if a national environmental standard or relevant plan permits an activity with that effect;49

45 AEE at 8.2.2. 46 See Appendix I, proposed conditions 3 (cultural monitoring); 7(i) (the process for including communication with iwi in the Construction Management Plan); 8(c) (briefings on Māori cultural values of the area, and the requirements for cultural engagement and monitoring); 17 (invitation to earthworks pre-commencement meeting(s) to provide for identification and protection of cultural values in work areas). 47 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 35(2). 48 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 29(1)(a). 49 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 30(2).

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(ii) any measure proposed, or agreed to, by the Applicant to ensure positive effects to offset or compensate for adverse effects that will or may result from allowing the activity;50

(iii) any relevant provisions of any of the documents contained in subclause (2) of the CRA;51

(iv) any other matter the panel considers relevant and reasonably necessary to determine the application.52

(b) have regard to all comments received via the CRA process on the Panel's draft conditions;53 and

5.2 While the CRA maintains the legislative framework provided for under the RMA with regard to consideration of conditions, it also requires consideration against the purpose of the CRA.55 The intent of the CRA is to urgently kick- start New Zealand's economic and social recovery from the COVID-19 pandemic. It follows that conditions of consent should be appropriate, practical and actionable to allow the construction of listed projects to begin promptly following grant of consent.

5.3 KiwiRail has prepared an extensive set of proposed conditions, as set out in Appendix I to the AEE. These conditions have been drafted and developed over time, with input and engagement from mana whenua, relevant landowners and other important stakeholders. These conditions are appropriate and will adequately avoid, remedy and mitigate the adverse effects of the Project on the environment so that they are appropriately managed.

Management Plans

5.4 The conditions employ the use of management plans to ensure that effects are appropriately managed throughout the duration of the Project. The use of

50 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 29(1)(b). 51 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 29(1)(c); these include: a national environmental standard, other regulations made under the RMA, a national policy statement, a NZCPS, a regional policy statement or proposed regional policy statement, a plan or proposed plan and a planning document recognised by a relevant iwi authority and lodged with a local authority. 52 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 29(1)(d). 53 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6. cl 36(5). 54 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 30(4). 55 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6, cl 29(1).

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management plans is specifically contemplated within the CRA, which provides that the information submitted with an application must be provided in sufficient detail to correspond to the scale and significance of the effects of the activity.56 A management plan comprehensively fulfils this obligation.

5.5 The management plans proposed for inclusion in the conditions have been prepared in light of the decision in Te Ara Tupua. Through that decision, the Hearing Panel identified that the key tenets of a "fit for purpose" management plan condition are:57

(a) a requirement to prepare it by suitably qualified personnel;

(b) a clear objective, a stated scope and performance management requirements;

(d) specification of process for amending a certified plan; and

(e) a requirement to comply with the management plan once certified.

5.6 The conditions proposed by KiwiRail achieve these tenets. The conditions include a certification process for management plans including their amendment.58 Each individual management plan condition is linked to the relevant condition(s) and include clear objectives and performance management requirements. For example, proposed condition 24 in Appendix I requires the ESCP to detail how the purpose of the ESCP to be achieved and to contain measures to achieve compliance with proposed conditions 18 to 22 and condition 28, which set out the Earthworks: General Performance Standards.

5.7 Once certified the conditions require compliance with the most recent version of the management plan prepared and certified where applicable in accordance with the conditions.59

56 COVID-19 Recovery (Fast-track Consenting) Act 2020, sch 6. cl 14(1). 57 Decision of the Expert Consenting Panel concerning the Te Ara Tupua - Ngā Ūranga Ki Pito–One - Shared Path, issued 5 February 2021 at [265]. 58 See Appendix I, proposed condition 5 and 5A. 59 See Appendix I, proposed condition 4.

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6. CONCLUSIONS

6.1 The Project provides necessary works for the electrification of the Papakura to Pukekohe section of the NIMT, which will provide a critical link for Auckland's wider rail network. In addition to servicing the South Auckland community, the Project represents an opportunity to support New Zealand's recovery from the economic and social effects of COVID-19.

6.2 Enabling the Project would not be inconsistent with any national policy statement, Treaty principles or Treaty settlements. In addition, KiwiRail has proposed a suite of appropriate and reasonable conditions which promotes Part 2 of the RMA and the purpose of the CRA, while appropriately avoiding, remedying and mitigating adverse effects.

DATED: 10 March 2021

______A Arthur-Young / K Gunnell Counsel for KiwiRail Holdings Limited

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