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Land Use Consent and Discharge Permit Application

NORTHLAND REGIONAL COUNCIL Kataia and Awanui, Northland Region

Land Use Consent and Discharge Permit Application NORTHLAND REGIONAL COUNCIL Awanui River, Kaitaia, Northland Region

Report prepared for: Northland Regional Council

Author Joseph Henehan, Planner

Reviewed by: Brett Hood, Planner/Director

Consent Authority: Northland Regional Council Far North District Council

Report reference: 15186

Report Status: Final

Date: July 2020

Reyburn and Bryant P.O. Box 191 Whangarei 0140 Telephone: (09) 438 3563 Fax: (09) 438 0251

FORM 9

APPLICATION FOR RESOURCE CONSENT UNDER SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991

To: Northland Regional Council (‘NRC’) Far North District Council (‘FNDC’)

1. The Northland Regional Council (‘NRC’) applies for the resource consents described below:

Far North District Plan

x Land use consent

- Rule 12.3.6.3 ‘Excavation and filling’ – Discretionary activity.

- Rule 7.6.5.3.8 ‘Noise’ – Restricted discretionary activity.

- Rule 8.6.5.3.5 ‘Noise’ – Restricted discretionary activity.

- Rule 7.8.5.3.4 ‘Noise’ – Restricted discretionary activity.

- Rule 9.7.5.2.3 ‘Noise’ – Restricted discretionary activity.

Operative Regional Water and Soil Plan (RWSP)

x Land use consent

- Rule 33.2.1 ‘Earthworks not located in the Riparian Management Zone – Controlled activity.

- Rule 34.3.1 ‘Earthworks within the Riparian Management Zone’ – Discretionary activity.

- Rule 27.3.1 ‘New stopbanks or modification to existing stopbanks’ – Discretionary activity.

- Rule 29.4.1 ‘River bank protection works that do not comply with Rule 29.1(8)’ – Discretionary activity.

- Rule 29.4.1 ‘Culvert crossings that do not meet the requirement of Rule 29.01.03’ – Discretionary activity.

x Discharge permit

- Rule 22.3.1 ‘Diversion and discharge of stormwater from a land disturbance activity’ – Discretionary activity.

Proposed Regional Plan (PRP)

x Land use consent

- Rule C.2.1.11 ‘Activities in the beds of lakes and rivers’ – Discretionary activity.

- C.2.1.12 ‘New flood defence’ – Discretionary activity.

- Rule C.3.1.8 ‘Obstructions that divert water onto other property’ – Discretionary activity.

- Rule C.4.1.7 ‘Other land drainage and flood control activities’ – Discretionary activity.

- Rule C.8.3.4 ‘Earthworks’ – Discretionary activity.

2. The activity to which the application relates (the proposed activity) is as follows:

The proposal is to undertake various works associated with the upgrading of the Awanui Flood Scheme. The general objective for the upgrade is to:

x To protect urban Kaitaia to a design standard equivalent to a 1:100 year ARI event with an allowance for climate change and freeboard; and

x To improve safety of the riverbanks against slope failure.

In undertaking the above works, the area will also see a decrease in the frequency of flooding for surrounding farms, which are currently protected against the 1:5 year ARI event. The works will see this protection improved to approximately a 1:20 year ARI event. The modelling plans attached in Appendix 9 demonstrate the positive flooding effects on the surrounding Kaitaia area.

In order to achieve the above objectives, channel capacity is proposed to be increased via the implementation of three general methods:

1. Channel widening (benching).

2. Adding spillways within the flood channel.

3. Raising stopbanks.

4. Constructing floodwalls.

5. Toe stabilisation works.

These works will be undertaken in general accordance with the NRC Scheme Design Plans attached in Appendix 3.

3. The names and addresses of the owners and occupier (other than the applicant) of the land to which the application relates are listed in Appendix 16.

4. The proposed activities will take place in various locations alongside the Awanui River and the Whangatane Spillway.

5. There are no other activities that form part of the proposal to which this application relates.

6. No additional resource consents and statutory approvals are needed for the proposal to which this application relates.

7. We attach an assessment of effects on the environment that:

(a) includes the information required by clause 6 of Schedule 4 of the Resource Management Act 1991; and

(b) addresses the matters specified in clause 7 of Schedule 4 of the Resource Management Act 1991; and

(c) includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment.

8. We attach an assessment of the proposed activity against the matters set out in Part 2 of the Resource Management Act 1991.

9. We attach an assessment of the proposed activity against any relevant provisions of a document referred to in section 104(1)(b) of the Resource Management Act 1991, including information required by clause 2(2) of Schedule 4 of that Act.

Included is a check list of relevant Schedule 4 matters.

10. No other information is required to be included in the district or regional plan(s) or regulations.

Joseph Henehan (Planning Consultant)

Address for service: Reyburn and Bryant 1999 Ltd PO Box 191 Whangarei

Telephone: (09) 438 3563

Email: [email protected]

Contact person: Joseph Henehan

iii Northland Regional Council - 15186

TABLE OF CONTENTS

EXECUTIVE SUMMARY 6 INTRODUCTION 8 1.1 Report basis 8 1.2 Proposal summary 8 1.3 Property details 9 1.4 Relevant title memorials 10 1.5 Statutory context 10 BACKGROUND – THE AWANUI FLOOD MANAGEMENT AREA 12 2.1 Physical description of the catchment 12 2.2 Climate 12 2.3 Land use 13 2.4 Significant ecological features 14 2.5 Effects of flooding 15 2.6 Historical Flood Scheme Works at Kaitaia 16 2.7 Whangatane spillway 18 2.8 Flood storage in Lake Tangonge 19 2.9 Flood warning system 20 2.10 The Awanui River Flood Management Plan 21 2.11 Other statutory mandates – Civil Defence Emergency Management Act, 2002 22 THE SITE AND SURROUNDING ENVIRONMENT 23 3.1 Site description 23 THE PROPOSAL 26 4.1 General 26 4.2 Consideration of alternatives 26 4.3 Proposed works 27 4.4 Earthworks (cut and fill) 31 4.5 Proposed disposal areas 31 4.6 Temporary river crossings 32 4.7 Access 32 4.8 Easements 33 4.9 Erosion and sediment control 33 4.10 Construction hours 33 4.11 Construction noise 33 4.12 Existing services 34 4.13 Designation 35 4.14 Draft conditions 35 FAR NORTH DISTRICT PLAN ASSESSMENT 36 5.1 Activity status 36 5.2 Resource consents required 36 5.3 Assessment criteria for earthworks 37 5.4 Assessment criteria for noise [Rules 7.6.5.3.8, 8.6.5.3.5, 7.8.5.3.4, 9.6.5.2.7 and 9.7.5.2.3] 40 5.5 Objectives and policies assessment 40 REGIONAL PLAN ASSESSMENT 44 6.1 Activity status 44 6.2 Resource consents required 44 6.3 Legal effect of rules and plan weighting 45 6.4 RWSP General Assessment Criteria (diverting water and temporary culvert crossing) 46 6.5 RWSP Assessment Criteria (earthworks) 47 6.6 RWSP Assessment Criteria (stopbanks) 49 6.7 RWSP objectives and policies assessment (cultural) 49 6.8 RWSP objectives and policies assessment (earthworks) 50 6.9 RWSP objectives and policies assessment (flood control works and temporary river crossings) 50 6.10 PRP objectives and policies assessment (tangata whenua) 51 6.11 PRP objectives and policies assessment (land and water) 52 6.12 PRP objectives and policies assessment (natural hazards) 52 6.13 PRP objectives and policies assessment (regionally significant infrastructure) 52

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OTHER STATUTORY DOCUMENTS 54 7.1 Assessment context 54 7.2 Regional Policy Statement for Northland 54 7.3 New Zealand Coastal Policy Statement 55 7.4 Part 2 RMA 55 ASSESSMENT OF ENVIRONMENTAL EFFECTS 57 8.1 Existing environment 57 8.2 Natural hazard avoidance 58 8.3 Visual amenity, landscape and character effects 60 8.4 Ecological effects 66 8.5 Effects on water quality and sediment control 66 8.6 Dust generation 67 8.7 Archaeological, heritage and cultural effects 67 8.8 Noise effects during construction 68 8.9 Public spaces and safety 68 8.10 Overall effects 69 RECORD OF CONSULTATION 70 9.1 Consultation 70 OTHER STATUTORY APPROVALS 72 10.1 NES – Soil Contamination 72 NOTIFICATION 74 11.1 Public notification 74 11.2 Limited notification 74 PROPOSED CONDITIONS OF CONSENT 75 CONCLUSION 84

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LIST OF FIGURES

Figure 1: Works area overview (Source: Tonkin and Taylor Preliminary Design Report). 23 Figure 2: 100yr Depth Flood Difference. 24 Figure 3: Example of floodwall. 28 Figure 4: State Highway 1 overflow points. 29 Figure 5: Whangatane Drive overflow points.. 29 Figure 6: Te Ahu before toe stabilisation works. 30 Figure 7: Te Ahu after toe stabilisation works. 31 Figure 8: Designation ME72 (Source: Far North District Plan). 35 Figure 9: Proximity of works to RPS Coastal Environment. 38 Figure 10: Existing flood controls at Pt Lot 27 DP 405. 62 Figure 11: Photo of Kaitaia Bowling Club and stream bank. 63 Figure 12: Photo of existing flood controls at retired Fletchers Concrete yard). 64 LIST OF TABLES

Table 1: Property Details. 10 Table 2: Identified affected buildings. 59

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APPENDICES

1. Fourth Schedule Checklist 2. Planning Maps [NRC] 3. Preliminary Scheme Design Plans [NRC] 4. Preliminary Scheme Cut Plans [NRC] 5. Preliminary Scheme Design and Fill Sites Plans [NRC] 6. Earthworks Volumes [NRC] 7. Proposed Easement Plans [NRC] 8. Scheme Design 100yr Flood Depth Plans [NRC] 9. Scheme Design 100yr Depth Difference Plans [NRC] 10. Increased Flooding Extent and Impacted Building Plans [NRC] 11. List of Affected Building Owners 12. Increased Flooding Extent and Impacted Properties Plans [NRC] 13. List of Affected Property Owners 14. Landowner Engagement – Easement Process Chart and Consultation Letters [NRC] 15. LandOwner Engagement Report – July 2020 [NRC] 16. List of Works Locations 17. Design Report [Tonkin and Taylor] 18. NIWA Riskscape Assessment 19. Construction Noise and Vibration Management Plan [Marshall Day Acoustics 20. 2190226-RMALUC and APP.040493.01.01 Decisions 21. Records of Consultation with iwi [Te Rarawa, Ngai Takatau and Ngati Kahu] 22. Ministry of Education correspondence 23. Accidental Discovery Protocol [Heritage New Zealand] 24. Detailed Site Investigation [Cook Costello Consulting Engineers] 25. Awanui Liaison Committee Terms of Reference

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ABBREVIATIONS

AEE Assessment of Environmental Effects ARI Annual Recurrence Interval ARFMP Awanui River Flood Management Plan CC Cook Costello Consulting Engineers CMP Construction Management Plan CNVMP Construction noise and vibration Management Plan DSI Detailed Site Investigation ESCP Erosion and Sediment Control Plan FNDC Far North District Council FNDP Far North District Plan HAIL Hazardous Activities and Industries List MDA Marshall Day Acoustics MOE Ministry of Education NES National Environmental Standard NRC Northland Regional Council NZCPS New Zealand Coastal Policy Statement PRP Proposed Regional Plan RPS Regional Policy Statement for Northland RWSP Regional Water and Soil Plan R&B Reyburn and Bryant RMA Resource Management Act, 1991 RT Record of Title SC&RC Soil Conservation and Rivers Control Act T&T Tonkin and Taylor Ltd

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EXECUTIVE SUMMARY

The Northland Regional Council (NRC) is applying for resource consents from both the NRC and the Far North District Council (FNDC) to undertake flood prevention works along the Awanui River and Whangatane Spillway in Kaitaia

The township of Kaitaia is located on an alluvial floodplain drained by two rivers, Awanui River to the east and Tarawhataroa Stream to the west. Over time the town has developed, in places right up to the stopbanks. Near the northern urban limits, the Whangatane spillway channel diverts a significant proportion of the Awanui River flow, due to the low channel capacity of the Awanui River downstream. The Tarawhataroa Stream is significantly smaller than the Awanui River, but a stopbank breach still has the potential to inundate large urban areas within Kaitaia. The Kaitaia urban area is currently protected to the 1:30 year annual recurrence interval (ARI) event, well below what is expected under the Building Act, 2004.

The proposal is to undertake various works associated with the upgrading of the Awanui Flood Scheme. The general objective for the upgrade is to: x To protect urban Kaitaia to a design standard equivalent to a 1:100 year ARI event with an allowance for climate change and freeboard; and x To improve the safety of the riverbanks against slope failure.

In undertaking the above works, the area will also see a decrease in the frequency of flooding for surrounding rural areas, which are currently protected against the 1:5 year ARI event. The works will see this protection improved to approximately a 1:20 year ARI event. The 100yr Depth Difference plans attached in Appendix 9 demonstrate the positive flooding effects on the surrounding Kaitaia area.

In order to achieve the above objectives, channel capacity is proposed to be increased via the implementation of the following methods:

1. Channel widening (benching).

2. Adding spillways to divert floodwaters.

3. Raising/relocating stopbanks.

4. Constructing floodwalls.

5. Toe stabilisation works.

These works will be undertaken in general accordance with the NRC Scheme Design plans attached in Appendix 3.

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The application also includes the placement of extracted fill within adjacent flood plains to where the works were undertaken. Fill areas are generally demonstrated on the Preliminary Scheme Design and Fill Sites Plans attached in Appendix 5.

Where works are proposed over private land, easements in favour of NRC will be created in accordance with the Easement Plan attached in Appendix 7.

Resource consent is required under various rules set out within the Regional Water and Soil Plan (RWSP), the Proposed Regional Plan (PRP) and the Far North District Plan (FNDP). The rules infringed are set out in detail in sections 5.2 and 6.2 of this report. Overall, the application requires resource consent under these plans as a discretionary activity.

The adverse effects of the proposed works have been considered in Section 8 of this report. While the effects are largely positive (due to the reduction in flood risk to urban Kaitaia/Awanui), there are identified to be some localised minor effects on affected building and property owners. The adverse effects of the proposed construction works will be mitigated by adherence to a Construction Management Plan (CMP) (to control effects on surrounding properties), a Construction Noise and Vibration Management Plan (CNVMP) (designed to minimise effects on residential amenity resulting from construction noise) and an Erosion and Sediment Control Plan (ESCP) (to avoid adverse effects on the adjoining Awanui River).

Sections 5 and 6 confirm that the proposal is in accordance with the objectives and policies of the FNDP, RWSP and the PRP, while Sections 7.2 and 7.3 confirm that the proposal is in accordance with the relevant high-order statutory documents being the RPS and Part 2 of the RMA, 1991. Section 10.1 confirms that the NES is not relevant to the subject proposal.

Overall, having regard to all of the relevant matters in s104(1) and s104B of the RMA, the proposal can be approved subject to appropriate conditions of consent.

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INTRODUCTION

1.1 Report basis

This report has been prepared for the Northland Regional Council (NRC) in support of land use consent and discharge permit applications to the Northland Regional Council (NRC) and the Far North District Council (FNDC) to undertake various flood protection works associated with the upgrading of the Awanui Flood Scheme.

The application has been prepared in accordance with Section 88 and the Fourth Schedule of the Resource Management Act, 1991 (RMA). Section 88 of the RMA requires that resource consent applications be accompanied by an Assessment of Environmental Effects (AEE) in accordance with the Fourth Schedule. A Fourth Schedule checklist is attached at Appendix 1.

The report also includes an analysis of the relevant provisions of the district, regional and national planning documents that are pertinent to the assessment and decision required under s104 of the RMA.

1.2 Proposal summary

The township of Kaitaia is located on an alluvial floodplain drained by two rivers, Awanui River to the east and Tarawhataroa Stream to the west. Over time the town has developed, in places right up to the stopbanks. Near the northern urban limits, the Whangatane spillway channel diverts a significant proportion of the Awanui River flow, due to the low channel capacity of the Awanui River downstream. The Tarawhataroa Stream is significantly smaller than the Awanui River, but a stopbank breach still has the potential to inundate large urban areas within Kaitaia. The Kaitaia urban area is currently protected to the 1:30 year ARI event, well below what is expected under the Building Act, 2004.

The proposal is to undertake various works associated with the upgrading of the Awanui Flood Scheme. The general objective for the upgrade is to:

x To protect urban Kaitaia to a design standard equivalent to a 1 100 year ARI event with an allowance for climate change and freeboard; and

x To improve the safety of the riverbanks against slope failure.

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improved to approximately a 1:20 year ARI event. The 100yr Depth Difference plans attached in Appendix 9 demonstrate the positive flooding effects on the surrounding Kaitaia area.

In order to achieve the above objectives, channel capacity is proposed to be increased via the implementation of the following methods:

1. Channel widening (benching).

2. Adding spillways to divert floodwaters.

3. Raising/relocating stopbanks.

4. Constructing floodwalls.

5. Toe stabilisation works.

These works will be undertaken in general accordance with the NRC Scheme Design plans attached in Appendix 3.

The application also includes the placement of extracted fill within flood plains adjacent to where the works will be undertaken. Fill areas are generally demonstrated on the Preliminary Scheme Design and Fill Sites plans attached in Appendix 5.

Where works are proposed over private land, easements in favour of NRC will be created in accordance with the Easement Plan attached in Appendix 7.

1.3 Property details

Applicant Northland Regional Council

Northland Regional Council Land Owners Far North District Council

Site Location Awanui River, Awanui/Kaitaia

Legal Descriptions See full list attached in Appendix 16

Records of Title Various – available on request.

Regional Water and Soil Plan x Aupouri Aquifer Notations

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x Aupouri Aquifer x River Water Quality Management Unit (Small River) Proposed Regional Plan x Priority Catchment (Flood Control Notations Schemes and Drainage Districts) x Air Shed x Lowland Livestock Exclusion Area

Relevant Regional Policy x Coastal Environment (northernmost Statement Zoning stopbank and benching only)

x Conservation x Recreational Activities x Industrial District Plan Zoning x Lakes and Rivers x Residential x Rural Production x Flood Susceptible District Plan Notations x ME72 Designation

Table 1: Property Details.

1.4 Relevant title memorials

Given the wide-reaching nature of this application, it is not be feasible to provide records of title (RT) for each applicable site. Notwithstanding this, it is not anticipated that the activities proposed by this application (flood protection works) will affect interests/memorials on titles.

Copies of the subject RTs are available upon request.

1.5 Statutory context

Section 104B of the RMA states that:

104B Determination of applications for discretionary or non-complying activities

After considering an application for a resource consent for a discretionary activity or non- complying activity, a consent authority— (a) may grant or refuse the application; and (b) if it grants the application, may impose conditions under section 108.

Section 104(1) of the RMA sets out the matters that a consent authority must, subject to Part 2, have regard to when considering an application for resource consent.

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104 Consideration of applications

(1) When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2, have regard to– (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of— (i) a national environmental standard: (ii) other regulations: (iii) a national policy statement: (iv) a New Zealand coastal policy statement: (v) a regional policy statement or proposed regional policy statement: (vi) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. (2) When forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect.

This report focuses on the relevant matters in s104(1) and s104B of the RMA and specifically: x The actual and potential environmental effects (s104(1)(a). x The relevant provisions of the RWSP, the PRP and the FNDP (s104(1)(b)(vi). x The relevant provisions of the RPS (s104(1)(b)(v)). x The relevant provisions of the NZCPS (s104(1)(b)(v)). x The relevant provisions of the NES for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations (s104(1)(b)(i)).

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BACKGROUND – THE AWANUI FLOOD MANAGEMENT AREA

2.1 Physical description of the catchment

The Awanui River and its major tributaries; Te Puhi Stream, Victoria River and Takahue River, with a combined catchment area above Kaitaia of 220km2, have their headwaters on the northern slopes of the Maungataniwha Range, southeast of Kaitaia. These rivers flow on narrow floodplains towards the northwest, through a narrow gap or gorge between two low ridges at Kaitaia before spreading out onto an extensive floodplain between Kaitaia and where the river discharges to the sea in Rangaunu Harbour.

The Awanui River emerges from the narrow gap in the hills at Kaitaia, where it has historically deposited sediment, causing it to meander and build an alluvial fan that extends north and west from the middle of the town. The river has occupied a number of different channels as it built-up sediment, and then cut a new channel away from the built-up land. It has migrated over time from the foot of the hills, along the line of the Whangatane spillway westwards to its present position, leaving behind a number of abandoned channels which provide drainage outfalls for, in particular, the industrial area north of Kaitaia.

Successive lines of sand dunes along Ninety Mile Beach, forming the western edge of the Aupouri tombola, have prevented the river from flowing to the west coast, instead forcing it northwards into Rangaunu Harbour. A large peat basin has developed between the river and the dunes and Lake Tangonge occupies the lowest part of the basin.

The mapped soil types around the southern shores of Rangaunu Harbour record a gradual infilling of this shallow harbour by the Awanui River. There is a fringe of farmland in this locality that is protected by coastal stopbanks, but is still subject to periodic tidal inundation, either by spring tides or by storm surge, or a combination of both.

2.2 Climate

The Far North’s climate is characterised by mild temperatures and often high humidity, with the coastal areas being subjected to desiccating winds. The annual average rainfall measured at Kaitaia Airport is 1,429mm, rising to approximately 2,000mm on the Mangamuka Range. While 30% to 40% of the

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annual rainfall occurs during winter, this distribution can be altered considerably by subtropical weather systems from the northeast. The area, as with much of Northland is susceptible to short duration, extremely high intensity rainfall over generally small geographic areas, during which over 150mm of rain may fall in two hours. Fortunately, these systems cut a narrow path across the area, usually affecting only one or two of the Awanui River tributaries in any one event.

Prolonged periods of north-easterly weather systems bringing warm and wet conditions can result in waterlogged soils. The Awanui catchment at Kaitaia has an area of 220km2, and it is therefore longer duration events of at least 12- 24 hours which are most likely to result in significant widespread flooding.

2.3 Land use

Much of the steeper upper catchment of the Victoria and Takahue Rivers on the northern slopes of the Maungataniwha Range is still clothed in native bush, providing protection against soil erosion and slowing down the rate of runoff. Some of this steeper, Tangihua volcanic hill country has been cleared for farming, as has much of the lower sandstone and limestone. The district has a high proportion of beef cattle, as has most of Northland, when compared with hill country further south in the North Island.

The floodplain of the Awanui River and its tributaries upstream of Kaitaia are generally farmed in a manner that maximises their potential within the limits imposed by their susceptibility to flooding. That is, the landholders are aware of the risk of flooding and have developed farming systems to take advantage of the natural fertility of the alluvial soils and minimise the losses that can occur when the land does flood. Improved soil drainage will ensure that pasture growth resumes as soon as floodwaters have receded.

The floodplain downstream of Kaitaia has potential for increased pastoral and arable farming. For a period in the 1980s and 1990s, dairy farms were converted to beef units, either because of the age of the landholder or because the units were no longer considered economic. This trend now appears to be reversing, with amalgamation of properties to create large dairy units and the conversion of much of the Sweetwaters Landcorp property to dairying. Even on the beef units, there is potential for much more intensive production, given improved in-farm drainage, improved pastures and adequate topdressing.

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The floodplain between Kaitaia and the Rangaunu Harbour also has the potential for more intensive cropping, being capable of growing maize or corn, squash, kumara and a range of other vegetable and field crops. The more northerly latitude of Kaitaia assists crops to mature four to six weeks ahead of Auckland, enabling the area to supply products to the Auckland markets before other producers of these crops. The floodplain of the Awanui River has great potential as an early or out-of-season producer of vegetable and field crops, and is capable of much more intensive pastoral farming, providing flooding is kept under control. This includes swift drainage of land following major flood events.

The industrial area on the northern edge of Kaitaia is a rapidly developing wood processing site, along with a wide range of support industries. Further processing of wood and other forms of primary produce are likely to be established in the future. The confidence to invest in such industries is in part dependent on the area remaining free from flooding. A number of old Awanui River channels cross the area and management of both stormwater and floodwater are important requirements for further development.

2.4 Significant ecological features

A large proportion of the Maungataniwha Range is in broadleaf and podocarp indigenous forest with patches of kauri. Bush in the upper Victoria and Takahue Rivers has previously been selectively logged but where stock have been excluded, has regenerated well. Land around the fringes of the forest, previously cleared for farming, is also reverting to forest, providing a wide range of forest and scrub types. Not only does this forest perform a significant soil conservation and watershed protection function but it is also a significant natural area.

The remnant forest on the sandstone and limestone hill country east of Kaitaia reflects the particular rock-type on which it grows. The forest on the limestone is predominantly broadleaf species while that on the sandstone is predominantly podocarp. There are also large blocks of kanuka regeneration which, because there are seed sources of forest trees available, is reverting quickly to forest.

Much of the peatland scrub and wetland vegetation has already been cleared and the land drained for farming. A considerable area of swamp vegetation remains around the fringes of Lake Tangonge and is worthy of protection both for the sake of the ecosystem and because the lake and wetland is an

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important flood storage area within the scheme. This area is known to contain threatened fauna as well as flora.

There is a small remnant wetland forest, protected by a QEII National Trust covenant, within the Puckey’s Outfall ponding area. As with the Lake Tangonge and adjacent peat wetlands, management of water levels is very important, avoiding both over-draining and lowering of the wetland, and floodwaters ponding too deep for too long.

2.5 Effects of flooding

Pre-1900, floodwaters brought down by the Awanui River and seawater from the Rangaunu Harbour severely limited farming of any sort on the floodplain of the Awanui River downstream of Kaitaia. Prior to the construction of stopbanks around the shores of Rangaunu Harbour, high tides and storm surge caused frequent sea water flooding across an extensive area between Awanui and the harbour. This rendered the land totally unsuitable for pastoral farming, except for occasional grazing of salt-tolerant native species.

Floodwaters from the Awanui River flowed into large basins either side of the river between Kaitaia and Awanui. The water would lie in these areas for weeks at a time, killing both native and introduced plant species. Peat has formed in the deeper basins while heavy, gleyed soils developed on the surrounding land. Much of this land was either totally unproductive or only supported rough grazing in summer. While subject to periodic flooding, the river valleys upstream of Kaitaia were free of water for long enough to enable pastoral farming to develop.

Downstream of Kaitaia land development has been totally dependent on the flood management scheme. There are a number of lower lying basins in which, were it not for the scheme, floodwaters would pond for several weeks after the river levels had dropped and pasture would be lost. Without the scheme and without the confidence the scheme provides, agricultural development would be severely restricted on the Awanui Flats. There is considerable potential for more intensive pastoral farming and for arable farming on these highly fertile alluvial and peat soils, given adequate protection. A key constraint is the duration required to drain land following flood events, especially on land draining to the lower Awanui. Long detention times result in grass die off and re-sowing these areas is required for major events, which adds to production costs.

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Kaitaia was built on the banks of the Awanui River at the extreme limit of navigation by scow. The land would have been high enough along the immediate banks of the river to be flood-free, except in extreme events. The water would have cleared quickly from what is now the urban area, although it would have ponded in lower areas between the Awanui River and the Tarawhataroa Stream.

The central business district of Kaitaia and over half of the residential area, as well as all of Awanui, are built on the floodplain of the Awanui River and are at risk of serious flooding, not only from the Awanui River, but also from the Tarawhataroa Stream, as occurred in July 2007. With the Tarawhataroa Stream works providing protection from only a 1:30 year ARI flood, the protection provided to Kaitaia is well below what is expected under the Building Act, 2004. Human life is also at risk because of the density of residential development on the floodplain. It is anticipated that around 3,000 people are living in the flood-susceptible part of Kaitaia.

When the urban area is flooded, either by river water overflowing into the town or from stormwater trapped behind flood-gated outfalls, the water enters the sewerage system. This infiltration causes the sewer to overflow within the town and overloads the sewage treatment plant in Bonnett Road, resulting in contaminated discharges to the Waihoe Channel and to the lower Awanui River.

2.6 Historical Flood Scheme Works at Kaitaia

Following the February 1958 flood, substantial works were undertaken in the early 1960s to protect the Kaitaia urban area against flooding. These works included:

i. Straightening the Awanui River and Tarawhataroa Stream through the urban area, cutting off meanders, and protecting sections of the Awanui banks with rock work. ii. Constructing stopbanks across the south-eastern end of Kaitaia to prevent floodwaters flowing into the town along the route of the SH1 from the south-east. iii. Establishing overflow levels across the SH1 at several points between the junction at Larmers Road, and the town stopbank. Excess flow was therefore routed towards the Tarawhataroa Stream upstream of Kaitaia.

Historic photographs, and plans of the works shows that they were substantial in scale.

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Further scheme works were undertaken in the late 1970s. These included the modification of the intake to the Whangatane spillway from a ‘V’ notch weir, to a broad crested weir.

Aside from these major scheme works, on-going maintenance has been undertaken to the channels through Kaitaia, and targeted works to stopbanks, including raising of crest levels. Works on the SH1, including re- sealing, have led to gradual increase in the overflow level over time.

Generally, the flood scheme at Kaitaia has performed relatively well, and the major flooding of the 1950s has not been repeated.

The March 2003 flood and July 2007 flood were the largest floods in recent times. Both resulted in major overflow across the SH1 to the Tarawhataroa Stream. The July 2007 flood in particular resulted in over-topping of stopbanks along the Tarawhataroa Stream, which affected the south side of town, including Puriri Place, and South Street. Residents were evacuated, and due to flood damage, many were unable to return to their accommodation for several months.

Stopbank crest levels along the Tarawhataroa Stream were topped up following the 2007 flood.

Significant improvements have been made to Kaitaia flood defences since the 1960s. Nevertheless, the flood risk has not been fully mitigated, and large floods in excess of a 30yr ARI event still have the potential to overtop existing flood defences, especially along the Tarawhataroa Stream.

More recent works undertaken to improve the flood scheme include: x In 2016, the broad-crested Whangatane Spillway weir was replaced with a split level weir that allows floodwaters to enter the spillway earlier, as the river level rises, and also prolongs the duration of spillway flow at the tail end of a flood event. These works were approved under the FNDC and NRC resource consents referenced RMALUC-215033 and APP.037643.01.01 respectively. This is explained in greater detail in section 2.7 below. x In 2019, significant benching, rock armouring and stopbanking works were undertaken at the former Fletchers Concrete yard at Empire Street and Dunn Street. This work was undertaken to avoid the flooding risk associated with a potential slip hazard at Bells Hill (on the opposite side of the Awanui River). These works were approved under the FNDC and NRC resource consents referenced 2190226-RMALUC and APP.040493.01.01 respectively (attached in Appendix 20).

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2.7 Whangatane spillway

According to old Department of Lands and Survey swamp drainage reports, excavation of the spillway was undertaken in 1925 – 19261. Further major works on the spillway were undertaken to increase flow capacity in 1976 – 1977. This included doubling the width of the spillway from 75ft to 150ft, deepening it from 12ft to 15ft, and raising the height of the entrance weir to the spillway by 10ft2.

The reasons for 1970s upgrades were stated in the Kaitaia Drainage Board minutes as:

i. To reduce the periods during which access across the spillway was cut off by flood flow, due to shorter flow duration in the spillway associated with the higher spillway intake level. ii. To improve the flow capacity of the Lower Awanui by natural means, due to increased flow associated with raising the spillway intake level. iii. To increase peak flood flow capacity in the Whangatane spillway by more than 100% (at least double), without significantly increasing flow velocity.

Whilst the modifications to the weir reduced the duration of flow in the spillway and the disruption to farm access across the spillway, it kept the lower Awanui River at higher levels for longer. This, in turn, kept the floodgates on the Waihoe Channel and Puckey’s Outfall closed for longer than previously.

The expected increase in flow capacity of the Awanui River had not materialised either. Flow gauging undertaken by the Regional Council at the SH1 bridge (Waikuruki Site), show that flow capacity has fallen in this reach since the 1970s. According to NRC engineers, this is not altogether unsurprising, as channel flow capacity is primarily a function of peak flood flow. The 1970s upgrades were designed to reduce Lower Awanui peak flood flow, by diverting a greater proportion of peak flow into the spillway. Raising the spillway intake resulted in higher flow volume in the Awanui River at the onset, and tail end of flood events, extending the duration of high river levels in the Lower Awanui. Typically, flood flow at the tail end of a flood event is relatively low velocity, and this results in sedimentation, which is more likely to lead to a reduction in channel flow capacity.

1 Department of Lands and Survey, “Swamp Drainage: Report for the Year ended 31st March 1926” 2 Kaitaia Drainage Board Minutes – Plans for Spillway Modification 13th June 1968.

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In February 2016, the NRC were granted resource consent (RMALUC-215033 (FNDC) and APP.037643.01.01 (NRC)) to replace the broad-crested Whangatane Spillway weir with a split level weir that allows floodwaters to enter the spillway earlier, as the river level rises, and also prolongs the duration of spillway flow at the tail end of a flood event. The proposal involved raising part of the spillway intake to 12m Unahi, and lowering part of it to 9.5m Unahi so as not to significantly increase peak flow into the spillway. The works however increased the flow volume down the spillway over the duration of a large flood event. Following the intake modification, flow now enters the lowered part of the intake weir when the Awanui River flow is 20m3/s.

2.8 Flood storage in Lake Tangonge

Unlike the Whangatane spillway which discharges into a tidal stream, the Tarawhataroa Stream discharges into a storage area, Lake Tangonge, before draining back into the Awanui River via the Waihoe flood gates. What was once a lakebed is now, due to drainage of surrounding land, a flat peat area of about 600 hectares that dries out when there is sufficient time between events, but it can be inundated for extended periods. There is a further transition area around the lakebed, where some production is achieved, but periodic flooding is expected.

Lake Tangonge provides a significant volume of off-line storage, estimated at 9 million cu/m for the July 2007 event. This allows some of the Awanui peak flow to be transferred to Lake Tangonge via the Tarawhataroa Stream, and to stay out of the lower Awanui River until levels have dropped. The lake also stores runoff from the catchments that drain directly into the lake. These catchments have an area of about 7,000 hectares, which is a significant area when compared to the 22,000-hectare catchment area of the Awanui River upstream of Kaitaia.

The Waihoe Channel flows from Lake Tangonge, through the Waihoe Floodgates and into the Awanui River. Landowners around the lake are concerned that floodwaters are extending further onto the surrounding land and are lying on the land for longer than they have in the past.

Concern over the impact of the 1977 scheme upgrades, especially the raising of the Whanagtane spillway intake level is documented in the August 1977 minutes of the Kaitaia Drainage Committee. It is recorded:

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‘Capital works: With the completion of the entrance weir to the Whangatane channel, and the bringing into operation of the floodgate at the Waihoe outlet, the major works involved in the capital improvement scheme have now been finished…. As was expected, the raising of the height of the entrance weir has increased the volume of water in the Awanui River under minor flood conditions. Unfortunately this has had the effect of keeping the floodgate at the Waihoe outlet closed for a longer period preventing water from the Pukepoto area getting into the river.’

Aside from the effects of the Whangatane weir, the new flood gate at the Waihoe outlet was also seen as a problem, and Pukepoto residents claimed that drainage was worsened by the scheme upgrades. The installation of the Waihoe gates was intended to prevent inflow from the Awanui River, and thus reduce flooding in the Pukepoto/Lake Tangonge area. The installation of the Waihoe flood gates with a gate invert level 3 feet above the channel bed was also seen as a contributor to impaired drainage of Lake Tangonge, and members of the drainage committee requested that the capacity of the Waihoe flood gate be increased to allow a greater rate of outflow, either by deepening and widening the existing gate, or by installing a second gate.

To mitigate the issue described above, the works undertaken in 2016 on the Whangatane Spillway (described in section 2.7 above) enabled flood gates to remain open for longer periods prior to the arrival of the flood peak diverting more flow down the Whangatane spillway during the early stages of a flood event. This change reduced the amount of time that floodwater was trapped in Lake Tangonge and other off stream detention areas draining to the Lower Awanui River.

2.9 Flood warning system

The NRC has established three automatic rainfall stations in the Upper catchment, including one in the upper Victoria River catchment, another in the upper catchment of the Takahue River, and a third in the Tarawhatroa catchment South of Kaitaia. It has also established flow-recording stations on the tributary streams in the vicinity of Pamapuria. All these stations are telemetered to the Council’s systems, enabling flood warnings to be issued, first as an alert based on the rate at which rain is falling and then a warning based on actual stream flow. This warning system enables warnings to be issued to the FNDC and to the Emergency Services and, should the severity of flooding be such that dwellings in flood susceptible areas need to be evacuated, the FNDC’s Civil Defence Emergency Management Response

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Plan for the area can be implemented. River flood levels and rainfall information are available on the NRC website within about an hour of being recorded. Warnings are also issued to landholders along the Whangatane spillway to enable them to move stock before the channel fills with floodwater.

2.10 The Awanui River Flood Management Plan

The Awanui River Flood Management Plan (ARFMP) was adopted by the NRC in August 2005. The purpose of the plan is:

x A description of the flood management issues affecting the catchment of the Awanui River; x The measures that are being used and are being considered to reduce the risks of flood damage; x The planned levels of protection; x A programme for upgrading and introducing improvements to the scheme; x A programme of maintenance and maintenance standards; x The legal mandate for the scheme; x The duties and responsibilities of the various stakeholders; x Provisions for minimising any adverse environmental impacts; x How the scheme and its maintenance will be funded; and x The process for completing the Plan including public and iwi consultation.

The ARFMP was prepared to enable the various stakeholders to understand how the flood scheme works, what benefits it provides and what responsibilities the stakeholders have, and to comply with the requirements of the RWSP. The Plan sets out what comprises the current Awanui River Flood Management Scheme and identifies some options for making improvements to that scheme.

As of July 2005 the Awanui River Flood Management Scheme has been directly managed by the NRC in accordance with the ARFMP.

While there is no prescribed process for the preparation of a flood management plan, the ARFMP is the culmination of various statutory processes. Under the Soil Conservation and Rivers Control Act, 1941 (SC&RC Act), the NRC, as the catchment board for Northland, has a responsibility to minimise and prevent damage by flooding and erosion. The SC&RC Act encourages integrated management of flood control, drainage and soil

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conservation within a river catchment. In the case of the Awanui River catchment, the proposed management plan integrates the efforts of:

x Landholders, roading authorities and developers to reduce the loss of sediment from the land; x Landholders and the Northland Regional Council to manage stream bank erosion; x the Northland Regional Council to reduce the frequency, depth and duration of flooding of farmland and the urban areas of Kaitaia and Awanui; x The drainage of rural land within the Kaitaia Drainage Area as managed by the Far North District Council; and x The management of urban stormwater within Kaitaia and Awanui under a comprehensive stormwater management plan prepared by the Far North District Council.

2.11 Other statutory mandates – Civil Defence Emergency Management Act, 2002

The Civil Defence Emergency Management Act 2002 requires local authorities to take a comprehensive approach to hazard management and risk reduction. The ARFMP details the comprehensive approach required by this legislation in respect to the Awanui River catchment.

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THE SITE AND SURROUNDING ENVIRONMENT

3.1 Site description

Location of works

The township of Kaitaia is located on an alluvial floodplain drained by two rivers, Awanui River to the east and Tarawhataroa Stream to the west. Over time the town has developed, in places right up to the stopbanks. Near the northern urban limits, the Whangatane spillway channel diverts a significant proportion of the Awanui River flow due to the low channel capacity of the Awanui River downstream. The Whangatane spillway flows for 14km and discharges directly to the Pairatahi Stream and then, into the Rangaunu Harbour.

The proposal will see the completion of various works along the banks of the Awanui River and the Whangatane Spillway. The proposed works are detailed on the Awanui Flood Scheme Design Plans attached in Appendix 3. The works area is generally depicted in Figure 1 below:

Figure 1: Works area overview (Source: Tonkin and Taylor Preliminary Design Report).

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A full list of the sites that will be subject to the proposed works is attached in Appendix 16.

Location of floodwater displacement

The proposed works will result in changes to the flood levels on numerous properties throughout the wider Kataia/Awanui area. The changes in flood levels are demonstrated on the 100yr Depth Difference Plans attached in Appendix 9 and Figure 2 below:

Figure 2: 100yr Depth Flood Difference.

As a result of the proposed works, over 1000 properties will be positively affected by the proposed flood scheme upgrades. However, 208 properties will be subject to some increase in flooding risk. Of these properties, 94 are gazetted and held in Crown/Council ownership, and the remaining 114 properties are privately owned.

Built development

No buildings will need to be removed/relocated to allow for the proposed flood improvement works to be completed. All works will be completed along river banks or through agricultural paddocks.

There are, however, seven buildings identified on the plans that are proposed to be subject to an increased level of inundation. Of these buildings, two have recently been removed, two are identified as residential units, two as implement/accessory sheds/garages, and one as a commercial premises.

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These buildings are identified on the Increased Flooding Extent and Impacted Building Plans attached in Appendix 10.

Access

The proposed works areas can be accessed over private and/or public land. Temporary accessways will be formed to allow for machinery to access sites (see section 4.7 of this report).

Archaeology

Geometria have been engaged to undertake an archaeological assessment of the proposed works areas and to prepare a report outlining their findings. At the time of lodgement, this report is yet to have been received, however, it is expected to be completed within the next two weeks. This report will be forwarded to the respective Councils as soon as it is received.

Planning notations

The proposed works cover a wide area of land alongside both the Awanui River and the Whangatane Spillway. As a result, the works will take place within various District/Regional Plan zonings and overlays. These are listed in Table 1 and the table attached in Appendix 16.

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THE PROPOSAL

4.1 General

The proposal is to undertake various works associated with the upgrading of the Awanui Flood Scheme. The general objective for the upgrade is to:

x To protect urban Kaitaia to a design standard equivalent to a 1:100 year ARI event with an allowance for climate change and freeboard; and

x To improve the safety of the riverbanks against slope failure.

In undertaking the above works, the area will also see a decrease in the frequency of flooding for surrounding rural areas, which are currently protected against the 1:5 year ARI event. The works will see this protection improved to approximately a 1:20 year ARI event. The 100yr Depth Difference Plans attached in Appendix 9 demonstrate the positive flooding effects on the surrounding Kaitaia area.

In order to achieve the above objectives, channel capacity is proposed to be increased via the implementation of the following methods:

1. Channel widening (benching).

2. Adding spillways to divert floodwaters.

3. Raising/relocating stopbanks.

4. Constructing floodwalls.

5. Toe stabilisation works.

These works will be undertaken in general accordance with the Scheme Design Plans attached in Appendix 3.

4.2 Consideration of alternatives

Section 6(1)(a) of Schedule 4 of the RMA, 1991 states the following :

“If it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity.”

A thorough assessment of environmental effects has been undertaken and is provided in section 8 of this report. In this case, while there are likely to be some localised effects that are ‘minor’, the proposal will not result in any significant adverse effects on the environment. Consequentially, a consideration of alternatives is not required.

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Notwithstanding the above, the NRC have undertaken and commissioned various studies regarding the most appropriate methods to achieve the flood scheme objective. It has been determined that the proposed works are the most appropriate to achieve the desired outcomes.

Furthermore, in this case, the status quo has the potential to result in significant adverse flooding effects on the surrounding environment. These potential effects include damage to property, damage to infrastructure, displacement of people and even loss of life. Relative to the status quo, the proposal will result in numerous positive effects on the surrounding environment.

4.3 Proposed works

The proposal will see various flood protection works being completed along the banks of the Awanui River and the Whangatane Spillway. The proposed works are detailed on the Awanui Flood Scheme Design Plans attached in Appendix 3 and are generally described as follows:

Benching

Benching will be undertaken to increase the capacity of the Awanui River. The purpose of this is to ensure that water will be retained within the river channel during significant flood events.

Stopbanks

Stopbanks are perhaps the most commonly utilised flood mitigation measure and are currently constructed along the majority of the Awanui River and Whangatane Spillway. Many of these existing stopbanks are in various states of repair, and as such, this application proposes to reconstruct/relocate many of these stopbanks. It is also intended to raise the height of these stopbanks in some locations.

The stopbanks are proposed to have a 3m wide crest and 1V:2H batter slopes. The 3m wide crest provides vehicle access if necessary as well as access for maintenance.

Floodwalls

Floodwalls will be installed in locations where the construction of a stopbank is not possible. Floodwalls will be timber and will be installed with a tractor- mounted post rammer. An example of a typical floodwall is shown in Figure 3 below:

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Figure 3: Example of floodwall.

Spillways

During significant flooding events, flood water spills over the Awanui River banks in areas south of the Kaitaia Township, before they pass over the State Highway 1 corridor before entering the Tarawhaturoa River. This effect is demonstrated in Figure 4 below:

Note: Blue arrows indicate the direction of floodwater flows.

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Awanui River

Tarawhaturoa River

Figure 4: State Highway 1 overflow points.

A similar effect also occurs further north of Kaitaia at Whangatane Drive, see Figure 5 below:

Awanui River

Figure 5: Whangatane Drive overflow points..

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To mitigate this effect, spillways are proposed to be constructed in the locations shown on pages 1, 2 and 7 of the Scheme Design Plans attached in Appendix 3.

The purpose of these spillways will be to divert floodwater so that the volume of water at the overflow points is significantly reduced.

Te Ahu Type works (toe stabilisation)

Toe stabilisation works will be completed along the western side of the Awanui River bank directly to the north of the Church Road bridge (see page 3 of the Scheme Design Plans attached in Appendix 3). Similar works have recently been completed at Te Ahu, as demonstrated in Figures 6 and 7 below:

Figure 6: Te Ahu before toe stabilisation works.

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Figure 7: Te Ahu after toe stabilisation works.

The primary purpose of toe stabilisation works is to mitigate erosion along the adjacent bank. The proposed works will also increase the capacity of the river channel.

Detailed design plans will be prepared and submitted to Council for approval prior to the commencement of the above works. This is expected to be required by way of an appropriately worded condition of consent.

4.4 Earthworks (cut and fill)

The completion of the works described in section 4.3 above will see approximately 288,932m³ of soil being excavated in various locations along the Awanui River and the Whangatane Spillway. Much of this excavated material (approximately 73,465m³) will be re-utilised for the construction of various stopbanks as shown on the Scheme Design Plans attached in Appendix 6.

The total earthworks volumes and areas are set out in detail in Appendix 6.

4.5 Proposed disposal areas

As stated above, the proposed works will see approximately 288,932m³ of excavations and approximately 73,465m³ of fill. Based on these volumes,

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there will be a surplus of 215,467m³ of excavated fill that will need to be disposed of appropriately.

Disposal areas have been identified which are shown on the Preliminary Scheme Design and Fill Sites Plans attached in Appendix 5.

The NRC flood maps show the proposed earthworks disposal areas as being subject to flooding in a 1:100 ARI year event. The minor loss of flood storage due to the proposed earthworks material to be placed in this area will be directly offset by additional flood storage created through the proposed benching on the western side of the river.

Topsoil will be stripped from the disposal area and stockpiled. Once the excess cut material has been placed, the topsoil will be reinstated and regrassed.

4.6 Temporary river crossings

Temporary river crossings are proposed to be constructed in various locations along the Awanui River to allow for access to be obtained to opposing sides of the river.

The temporary crossings will consist of two appropriately sized steel pipes and rock/concrete. Once completed, the rock in the stream will be left to form drop structures (similar to what has been constructed as part of the works approved by FNDC in 2019 under 2190226-RMALUC and by NRC in 2018 under APP.040493.01.01 – see decisions attached in Appendix 20).

The final locations of these crossings will be detailed as part of the detailed design stage following approval of this resource consent.

4.7 Access

The majority of proposed works areas are able to be accessed via public roads or private driveways. Where access is not immediately available, temporary metalled accessways will be formed by stripping topsoil and laying down metal. Upon completion of the subject works, these accessways will be removed and the stripped topsoil will be reinstated.

It is noted that the construction of the spillway within Section 34 Blk V Takahue SD will result in the need to remove the existing driveway serving the existing dwelling on the site. While this is the case, a new driveway will be constructed over an existing farm track leading from Church Road to the west. If necessary, easements will be created to formalise this arrangement.

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4.8 Easements

Easements are proposed to be created over the private freehold titles that are subject to the proposed works. The locations of these easements are shown on the Easement Plan attached in Appendix 7. Consultation regarding the creation of these easements is currently being undertaken in accordance with the Landowner Engagement – Easement Process Chart (attached in Appendix 14). This consultation process is ongoing, and these easements are currently in various stages of completion. The Land Owner Engagement Report – July 2020 attached in Appendix 15 provides an update on the progress of this engagement process.

4.9 Erosion and sediment control

The proposed earthworks will be managed in accordance with an erosion and sediment control plan (ESCP) that will be prepared and submitted to Council for approval prior to any works being undertaken. The control works will be focussed on preventing sediment runoff to the adjoining Awanui River and Whangatane Spillway. The control works include (but will not be limited to):

x Temporary earth bunds. x Silt fences. x Silt ponds.

Considering the various scope of works proposed by this application, it is considered appropriate for a fit for purpose (‘bespoke’) ESCP to be prepared and submitted to Council prior to the commencement of works (i.e. rather than a generic ESCP being prepared at this early stage and submitted as part of this application).

4.10 Construction hours

Construction hours will be 7.30am to 6pm, Monday to Saturday. Works will not occur outside these hours.

4.11 Construction noise

Marshall Day Acoustics (MDA) have been engaged to prepare a construction noise and vibration management plan (CNVMP). This CNVMP is attached in Appendix 19.

While construction noise and vibration levels may exceed those limits set out in the District Plan, compliance with the CNVMP will ensure that any effects

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of the proposal on potentially affected landowners will be avoided. The main principles of the CMP are:

x To provide a prediction of noise and vibration levels of the proposed activity.

x To set out mitigation and management measures aimed at minimising the potential impact on surrounding properties. The measures include:

- Training programmes for staff.

- Equipment selection directives.

- Directions for the scheduling of activities (i.e. high noise activities shall be undertaken during the hours of 9am – 5pm Monday to Friday etc.).

- Noise barriers.

- Measures to be implemented during piling.

- Measures to be implemented during rolling.

x To require engagement and consultation. This includes:

- The distribution of written notice to occupiers of buildings within 60m of the works site at least one week prior to the works commencing.

- Installation of signage with appropriate contact details.

- Consultation shall be undertaken to address any reasonable concerns. Copies of all consultation shall be made available to Council upon request.

- All complaints shall be recorded in a complaints file that shall be made available to Council upon request.

x To set out monitoring measures to be complied with during works (noise, vibration and building condition surveys).

A condition of consent is expected to be included requiring the CNVMP to be complied with on an ongoing basis.

4.12 Existing services

It is possible that there are multiple underground services located within the footprint of the proposed works. The relevant asset owners/administrators will be contacted during detailed design stage to determine the appropriate course of action for these services.

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4.13 Designation

The proposed benching and stopbank works shown on pages 2 and 3 of the Preliminary Scheme Design Plans attached in Appendix 3 will take place partly within a Ministry of Education Designation (identified in the FNDP as ME72). This designation relates to land that is currently occupied by the Kaitaia Primary School. The boundaries of this designation are shown in Figure 8 below:

Figure 8: Designation ME72 (Source: Far North District Plan).

Given that it is proposed to undertake works within this designation, pursuant to Section 176(1)(b), the requiring authority (being the Ministry of Education) has been contacted regarding the proposal. While their approval is yet to be received, the MOE representatives have advised that this will be released shortly. This will be forwarded through to NRC/FNDC as soon as it is received. The correspondence with this party is attached in Appendix 22.

4.14 Draft conditions

It is requested that a set of draft conditions be provided for review prior to the resource consent decision being released by each Council.

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FAR NORTH DISTRICT PLAN ASSESSMENT

5.1 Activity status

The various approvals sought from FNDC are identified in section 5.2 of this report. The approvals being sought from FNDC relate to earthworks and construction noise. The consents have discretionary activity status overall.

5.2 Resource consents required

Far North District Council

x Rule 12.3.6.3 ‘Excavation and filling’ – Discretionary activity.

Excavation and/or filling will exceed 2,000m³ in a 12 month period in the Recreational Activities and Conservation Zones, 5,000m³ in any 12 month period in the Rural Production Zone, and 500m³ in any 12 month in the Residential and Industrial Zone.

x Rule 7.6.5.3.8 ‘Noise’ – Restricted discretionary activity.

Construction noise is unlikely to comply with the NZS 6803P:1984 “The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work” in the Residential zone.

x Rule 8.6.5.3.5 ‘Noise’ – Restricted discretionary activity.

Construction noise is unlikely to comply with the NZS 6803P:1984 “The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work” in the Rural Production Zone.

x Rule 7.8.5.3.4 ‘Noise’ – Restricted discretionary activity.

Construction noise is unlikely to comply with the NZS 6803P:1984 “The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work” in the Industrial Zone.

x Rule 9.6.5.2.7 ‘Noise’ – Restricted discretionary activity.

Construction noise is unlikely to comply with the NZS 6803P:1984 “The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work” in the Recreational Activities Zone.

x Rule 9.7.5.2.3 ‘Noise’ – Restricted discretionary activity.

Construction noise is unlikely to comply with the NZS 6803P:1984 “The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work” in the Conservation Zone.

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5.3 Assessment criteria for earthworks

The relevant assessment criteria for earthworks in 12.3.7 of the plan is listed and addressed as follows:

(a) the degree to which the activity may cause or exacerbate erosion and/or other natural hazards on the site or in the vicinity of the site, particularly lakes, rivers, wetlands and the coastline;

Assessment – The proposed works are designed to protect urban Kaitaia to a design standard equivalent to a 1:100 year ARI event with an allowance for climate change and freeboard and also to improve the safety of the riverbanks against slope failure.

The placement of excess cut material on the various disposal areas (see plans attached in Appendix 5) will result in a slight reduction in flood storage. However, this will be directly offset by the additional flood storage within the Awanui River and Whangatane Spillway themselves.

In order to avoid erosion/sediment run-off to the greatest extent practicable, the works will be carried out in accordance with an approved ESCP (see section 4.9). A condition of consent is expected which will require this to be prepared and approved by NRC prior to the commencement of works.

(b) any effects on the life supporting capacity of the soil;

Assessment - The proposed works will not have significant adverse effects on the life supporting capacity of the soil in either the proposed works areas or the disposal areas. As stated earlier, topsoil will be stripped from the works areas and stockpiled. Once the excess cut material has been placed, the topsoil will be reinstated and regrassed.

(c) any adverse effects on stormwater flow within the site, and stormwater flow to or from other properties in the vicinity of the site including public roads;

The proposed works will have no adverse effects on stormwater flow. The proposed works areas will be contoured so that stormwater from the completed and regrassed works areas will flow towards the Awanui River and Whangatane Spillway.

(d) any reduction in water quality;

Assessment – The proposed works will be carried out in accordance with an approved ESCP. In the short term, adherence to the ESCP will avoid adverse effects on water quality. In the long term, the proposed benches, spillways, stopbanks and disposal areas will be regrassed (and in the case of the bench armoured to minimise erosion and sediment run-off).

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With respect to the proposed temporary river crossings, these will consist of two appropriately sized steel pipes and rock/concrete. Once completed, the rock in the stream will be left to form drop structures (similar to what has been constructed as part of the works approved by FNDC in 2019 under 2190226-RMALUC and by NRC in 2018 under APP.040493.01.01 – see decisions attached in Appendix 20).

(e) any loss of visual amenity or loss of natural character of the coastal environment;

Assessment – Only a small portion of the works will take place in the coastal environment (as it is mapped in the RPS). The works (shown in Figure 9 below) incorporates the construction of a stopbank (red) and associated benching (blue):

Approximate extent of RPS Coastal Environment

Figure 9: Proximity of works to RPS Coastal Environment.

While these works will take place in the coastal environment, the proposed works areas will be immediately regrassed following completion of the works. This will ensure that the natural character of the surrounding environment will be preserved.

(f) effects on Outstanding Landscape Features and Outstanding Natural Features (refer to Appendices 1A and 1B in Part 4, and Resource Maps);

Assessment - Not applicable.

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(g) the extent to which the activity may adversely affect areas of significant indigenous vegetation or significant habitats of indigenous fauna;

Assessment – Not applicable.

(h) the extent to which the activity may adversely affect heritage resources, especially archaeological sites;

Assessment - There are no significant areas that meet the criteria in Appendix 13B or any outstanding or significant natural features in the vicinity of the proposed works areas.

Geometria have been engaged to undertake an archaeological assessment of the proposed works areas and to prepare a report outlining their findings. At the time of lodgement, this report is yet to have been received, however, it is expected to be completed within the next two weeks. This report will be forwarded through to the respective Councils as soon as it is received.

Notwithstanding the above, the applicant will adhere to the HNZ accidental discovery protocol in the unlikely event that currently unrecorded sites are discovered during the proposed works (attached in Appendix 23).

(i) the extent to which the activity may adversely affect the cultural and spiritual values of Maori, especially Sites of Cultural Significance to Maori and waahi tapu (as listed in Appendix 1F in Part 4, and shown on the Resource Maps);

Assessment – As depicted in section 3 of this report, the proposed works are located in the vicinity of (but not within) mapped sites of significance to Maori.

Consultation has been undertaken with the local hapu groups (Te Rarawa, Ngati Kahu and Ngai Takatau). Members of these hapu groups have been sitting on the NRC liaison committee and have provided ongoing feedback during the preliminary design phase of this project. Evidence of consultation with these groups is attached in Appendix 21.

(j) any cumulative adverse effects on the environment arising from the activity;

Assessment – The proposed works, in conjunction with other flood improvement works (completed and planned) will have positive cumulative effects on the environment. There will be no adverse cumulative effects.

(k) the effectiveness of any proposals to avoid, remedy or mitigate any adverse effects arising from the activity;

Assessment - The proposed works will have significant positive effects on the wider Kaitaia/Awanui area. The works will result in the flooding protection within the area being reduced to a 1:100 year ARI event for the Kaitaia urban area, and a 1:30 year ARI event for surrounding rural areas.

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Notwithstanding the significant positive effects proposed as part of this application, it is acknowledged that the proposal will result in the flooding risk on some properties being increased. The unavoidable effects of this increase in flooding risk will be minor, primarily due to the fact that these subject properties are already subject to flood hazards.

A full assessment of the effects of the proposal is provided in Section 8 of this report.

(l) the ability to monitor the activity and to take remedial action if necessary;

Assessment – The effects of the proposed works can be easily monitored, and remedial action taken if required.

5.4 Assessment criteria for noise [Rules 7.6.5.3.8, 8.6.5.3.5, 7.8.5.3.4, 9.6.5.2.7 and 9.7.5.2.3]

The relevant assessment criteria for the various noise rules in the Residential, Rural Production, Industrial, Recreational Activities and Conservation zones are the same and are listed and addressed as follows:

(a) the character, level and duration of noise from any activity as received at the boundary, or notional boundary of another site;

(b) the hours of operation in relation to the surrounding environment;

Assessment – As stated in section 4.11 of this report, MDA have been engaged to prepare a CNVMP. A copy of this document is attached in Appendix 19. Assuming compliance with the measures set out in this CNVMP, any adverse effects associated with the noise and vibration generated during construction works will be avoided and/or mitigated.

5.5 Objectives and policies assessment

Section 12.4 of the District Plan contains provisions in respect to natural hazards. The expected environmental outcomes are listed in 12.4.2 of the plan. Key outcomes relevant to the proposed works are as follows:

12.4.2.1 Reduced risk to life, property and the environment from natural hazards.

12.4.2.4 A reduction in the damage caused to the environment by inappropriate protection works.

The objectives in relation to natural hazards are set out in 12.4.3. Key objectives relevant to the proposed works are as follows:

12.4.3.1 To reduce the threat of natural hazards to life, property and the environment, thereby to promote the well-being of the community.

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12.4.3.3 To ensure that natural hazard protection works do not have adverse effects on the environment.

12.4.3.4 To ensure that the role in hazard mitigation played by natural features is recognised and protected.

12.4.3.6 To take into account reasonably foreseeable changes in the nature and location of natural hazards.

The policies in relation to natural hazards are set out in 12.4.4. Key policies relevant to the proposed works are as follows:

12.4.4.3 That protection works for existing development be allowed only where they are the best practicable option compatible with sustainable management of the environment.

12.4.4.4 That the sea level rise, as predicted by the Intergovernmental Panel of Climate Change or Royal Society of NZ, be taken into account when assessing development in areas potentially affected.

The methods of implementation in relation to natural hazards are set out in 12.4.5 of the plan. The key relevant method is 12.4.5.6 being:

12.4.5.6 The Council will review the effectiveness of flood control schemes from time to time and will take action where necessary to maintain the effectiveness of the schemes (refer to Management Plans for the Kaitaia, Kaikino, Waiharara and Motutangi Drainage Districts).

Assessment – The identified provisions provide a mandate for the FNDC to address the flood hazard to life, property and the environment. There are particular provisions that relate to flood protection works, with the emphasis being on the best practical option and avoiding adverse effects on the environment.

The nature of flood protection works is such that there are often both positive and adverse effects on the environment. While the proposed positive effects on the wider flood catchment will be significant, in some locations, water levels will rise. The intention is to minimise the impact of these unavoidable occurrences, to ensure that adverse effects are kept at an acceptable level.

The proposed works are therefore consistent with the relevant provisions of the FNDP relating to natural hazards.

Given the proximity of the proposed works to Residential, Rural Production, Industrial, Recreational Activities and Conservation Zone land, the objectives and policies of Sections 7, 8 and 9 of the FNDP are relevant being:

Objective 7.3.3 To avoid, remedy or mitigate the adverse effects of activities on the amenity values of existing urban environments (our emphasis).

Policy 7.4.1 That amenity values of existing and newly developed areas be maintained or enhanced.

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Policy 7.4.2 That the permissible level of effects created or received in residential areas (our emphasis) reflects those appropriate for residential activities.

Objective 8.6.3.1 To promote the sustainable management of natural and physical resources in the Rural Production Zone.

Objective 8.6.3.3 To promote the maintenance and enhancement of the amenity values of the Rural Production Zone to a level that is consistent with the productive intent of the zone.

Policy 8.6.4.3 That land management practices that avoid, remedy or mitigate adverse effects on natural and physical resources be encouraged.

Policy 8.6.4.8 That activities whose adverse effects, including reverse sensitivity effects, cannot be avoided remedied or mitigated are given separation from other activities

Policy 9.6.3.2 To ensure that the effects of the use and development of recreational areas are compatible with the surrounding environment.

Policy 9.6.4.1 That existing recreational areas are retained for recreational purposes unless it is demonstrated that comparable recreational opportunities can be provided otherwise, or that the land can serve the community better if put to an alternative use.

Objective 9.7.3.2 To ensure the use, development and protection of land zoned conservation is consistent with the conservation values of the site, and avoids adverse effects on the surrounding environment.

Policy 9.7.4.2 That existing conservation areas are used and developed in a way which will avoid adverse effects on the conservation values of the site and which will avoid adverse effects on the surrounding area.

Assessment – In respect to potential temporary adverse effects on amenity values (primarily related to construction noise), these will be minimised by adherence to the proposed CNVMP.

Other potential adverse effects such as those related to construction traffic will be minimised due to the proposed disposal areas being located in close proximity the proposed works areas (see the Preliminary Scheme Design and Fill Sites Plans attached in Appendix 5). Therefore, there is no need for construction vehicles to use public roads following establishment.

The proposed works are partly located on public land (recreation reserves, esplanade reserves and other land owned by the FNDC). However, the majority of these areas of land currently containing stopbanks and other flood mitigation structures. Furthermore, given the gravity of the existing flood hazard in Kaitaia, the continued use of the land for flood protection works better serves the community than any other conservation or recreational use.

Overall, the proposed works will achieve the objectives and policies relating to natural hazards, whilst avoiding, remedying, and mitigating adverse effects on the environment during the construction phase of the process. The

Page 42 Northland Regional Council - 15186 proposed works are also consistent with the relevant objectives and policies relating to effects on sensitive receivers in the surrounding environment. To this end, the proposed works are in accordance with the intended environmental outcomes sought in the objectives and policies of the FNDP.

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REGIONAL PLAN ASSESSMENT

6.1 Activity status

The various consents sought under the RWSP and the PRP are identified in section 6.2 below. The consents have discretionary activity status overall.

6.2 Resource consents required

Northland Regional Council

Operative Regional Water and Soil Plan (RWSP)

x Rule 33.2.1 ‘Earthworks not located in the Riparian Management Zone – Controlled activity.

Earthworks outside of the Riparian Management Zone will exceed 5,000m³.

x Rule 34.3.1 ‘Earthworks within the Riparian Management Zone’ – Discretionary activity.

Earthworks within the Riparian Management Zone will exceed a volume of 50m³ over an area greater than 200m².

x Rule 22.3.1 ‘Diversion and discharge of stormwater from a land disturbance activity’ – Discretionary activity.

Stormwater discharged from the land disturbance activities will be diverted and discharged to water.

x Rule 27.3.1 ‘New stopbanks or modification to existing stopbanks’ – Discretionary activity.

The application proposes to establish new stop banks and to modify existing stopbanks along the Awanui River and Whangatane Spillway.

x Rule 29.4.1 ‘River bank protection works that do not comply with Rule 29.1(8)’ – Discretionary activity.

River bank protection works exceeding 50m in length and extending beyond the original bank position.

x Rule 29.4.1 ‘Culvert crossings that do not meet the requirement of Rule 29.01.03’ – Discretionary activity.

Temporary culvert crossing in the Awanui River to provide access to the earthworks disposal site.

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Proposed Regional Plan (PRP)

x Rule C.2.1.11 ‘Activities in the beds of lakes and rivers’ – Discretionary activity.

Temporary culvert crossing in the Awanui River to provide access to the earthworks disposal site.

x C.2.1.12 ‘New flood defence’ – Discretionary activity.

Toe stabilisation works along the edge of the Awanui River.

x Rule C.3.1.8 ‘Obstructions that divert water onto other property’ – Discretionary activity.

The application proposes the placement of obstructions (floodwalls and stopbanks) in flood hazard areas that will, or is likely to, divert water onto other property.

x Rule C.4.1.7 ‘Other land drainage and flood control activities’ – Discretionary activity.

The application proposes land drainage and flood control work.

x Rule C.8.3.2 ‘Earthworks’ – Controlled activity.

Resource consent under this rule will be required where:

- Earthworks within 10m of the bed of the Awanui River will exceed a volume of 50m³ over an area greater than 200m². - Earthworks within a high-risk flood hazard area will exceed 50m³ over any 12 month period. - Earthworks outside of flood hazard areas will cover an area exceeding 5,000m². x Rule C.8.3.3 ‘Earthworks’ – discretionary activity.

Resource consent under this rule will be required where earthworks within a flood hazard area will exceed 1,000m².

6.3 Legal effect of rules and plan weighting

The NRC are currently progressing a new regional plan (the PRP) through the relevant statutory process set out in the First Schedule of the RMA. NRC released their decisions on the plan changes on the 4th of May 2019, and the appeal process ended on 17th of June 2019.

At the close of the appeal period, the NRC had received multiple appeals. The wide-ranging nature of some of these appeals has (to date) prevented the NRC from declaring any part of plan operative. While this is the case, the appeals do not generally relate to the activities proposed by this application,

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and accordingly, a relatively even weight should be applied to both the operative and proposed regional plans.

Notwithstanding the appropriate weighting to be applied to each plan, this is somewhat academic in any event due to the activity status being the same under both plans, and there being very similar supporting objectives and policies.

6.4 RWSP General Assessment Criteria (diverting water and temporary culvert crossing)

Section 36.2.1 contains twelve general assessment criteria for taking, using, damming and diverting water. Most are irrelevant to the proposed works, but for completeness, they are assessed as follows:

(a) The adequacy of the Assessment of Environmental Effects, in terms of the Fourth Schedule of the Act.

An assessment of environmental effects is provided in Section 8 of this report. The assessment has been prepared in accordance with the Fourth Schedule of the RMA.

(b) The adequacy of information substantiating the applicant’s need for water.

N/A - the application does not involve the taking of water.

(c) The extent to which the taking of water from the proposed source will impact on the resource, and on other users, including any cumulative effects of the takes on the resource.

N/A - the application does not involve the taking of water.

(d) The adequacy of the assessment of any alternative water sources considered, or other water management strategies and the reasons for selecting the proposed water source.

N/A - the application does not involve the taking of water.

(e) The adequacy of any water conservation and mitigation measures for the proposed system.

N/A - the application does not involve the taking of water.

(f) The number, location and type of point source discharges which could contribute nutrients and organic material to the river, and the effect of the water take on the ability of the water body to assimilate those contaminants.

The only discharges proposed by this application relate to stormwater disposal from land disturbance activities. Compliance with a bespoke ESCP prepared prior to the commencement of works will ensure that the adverse effects of this discharge will be avoided.

(g) The extent to which the natural character of the environment is maintained.

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The majority of the proposed works will take place in modified environments that exhibit very low natural character. The works areas are is predominantly located on Industrial and Residential Zoned land that has already been developed, or on Rural and Conservation Zoned land that is already being used for flood control purposes (i.e. stopbanks and benching etc).

(h) The extent to which amenity, cultural, recreational and social values and economic well-being are adversely affected.

The nature of flood protection works is such that there are often both positive and adverse effects on the environment. While the proposed positive effects on the wider flood catchment will be significant, in some locations, the risk of flooding will rise. The intention is to minimise the impact of these unavoidable occurrences, to ensure that adverse effects on amenity, social and economic values are less than minor.

Any areas of land that are subject to excavations and/or fill will be immediately regrassed following completion of these works. The adverse effects on amenity values and character will therefore be mitigated.

Cultural values have been addressed through consultation with local hapu groups (see consultation attached in Appendix 21).

(i) The adequacy of any proposed monitoring programme to monitor the effects of the taking, use, damming or diverting of water.

Monitoring will be undertaken by NRC to ensure that the outcomes sort by the proposal are being achieved. This monitoring will also ensure that conditions of consent are being complied with on an ongoing basis. Proposed conditions of consent are contained in Section 12 of this report.

6.5 RWSP Assessment Criteria (earthworks)

Section 36.4 contains seven assessment criteria for applications involving land disturbance activities (earthworks). Each of these criteria are assessed as follows:

(a) The scale, method and timing of the land disturbance activity and the nature of the surrounding catchment.

The proposed earthworks will be carried out in accordance with the CNVMP attached in Appendix 19. A core purpose of the CNVMP is to avoid adverse effects on residential amenity. The effects of the proposed earthworks are minimised due to the close proximity of the fill disposal areas to the works

areas.

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(b) The proximity of the land disturbance activity to any water body, the nature and sensitivity of the water body and any associated values and the likely effects on that water body.

The proposed earthworks will be carried out in the vicinity of the Awanui River and the Whangatane Spillway. The works will be carried out in accordance with an approved ESCP to minimise adverse effects on water quality during the construction phase of the project.

(c) The proximity of the land disturbance activity to any areas of significant indigenous vegetation and significant habitats of indigenous fauna that meet the criteria in Appendix 13B, any outstanding or significant natural feature identified in a regional or district plan, any known archaeological site or historic feature, waahi tapu or urupa; and any effects on them.

There are no significant areas that meet the criteria in Appendix 13B or any outstanding or significant natural features in the vicinity of the proposed works areas.

Geometria have been engaged to undertake an archaeological assessment of the proposed works areas and to prepare a report outlining their findings. At the time of lodgement, this report is yet to have been received, however, it is expected to be completed within the next two weeks. This report will be forwarded through to the respective Councils as soon as it is received.

Notwithstanding the above, the applicant will adhere to the HNZ accidental discovery protocol in the unlikely event that currently unrecorded sites are discovered during the proposed works.

(d) The expected efficiency of sediment control measures and any other mitigation measures.

The works will be carried out in accordance with an approved ESCP to minimise adverse effects on water quality during the construction phase of the project.

(e) The removal and/or any retention of vegetation and the expected efficiency of any revegetation and/or rehabilitation programme.

No significant vegetation is required to be removed to facilitate the proposed works. All earthworks areas will be regrassed following completion of the earthworks. Rock armouring is also proposed in certain locations prior to regrassing to avoid future erosion during storm events.

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(f) The adequacy of any proposed monitoring programme to assess the effects of the activity on the environment.

(g) The practicality of alternative methods to undertake the activity and their likelihood of having reduced environmental effects.

See section 4.2 of this report.

6.6 RWSP Assessment Criteria (stopbanks)

Section 36.3.6 contains two assessment criteria for applications involving stopbanks. Each of these criteria are assessed as follows:

(a) Whether it has been adequately demonstrated that the proposed stopbank is the only effective alternative.

The scheme proposes to improve the stream capacity undertaking various works, including raising and relocating existing stopbanks currently in place at the site. The proposed works, including the proposed stopbanks, have been assessed by T&T in their report attached in Appendix 5. This report adequately demonstrates that the proposed stopbanks are the most effective measure to mitigating the potential flood hazard.

(b) The adequacy of the assessment of effects on other properties.

A thorough assessment of effects has been undertaken in section 8 of this report. There will be some localised effects associated with the proposed displacement of floodwaters, but overall, the effects will be positive.

6.7 RWSP objectives and policies assessment (cultural)

Section 6 of the RWSP contains one objective and four policies that seek to recognise and provide for Maori and their culture and traditions. Policy 12.6.12 (relating to land disturbance activities) also requires regard to be had to cultural and spiritual values.

Geometria have been engaged to undertake an archaeological assessment of the proposed works areas and to prepare a report outlining their findings.

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At the time of lodgement, this report is yet to have been received, however, it is expected to be completed within the next two weeks. This report will be forwarded through to the processing planner as soon as it is received.

Notwithstanding the above, the applicant will adhere to the HNZ accidental discovery protocol in the event that currently unrecorded sites are discovered during the proposed works.

Overall, the proposal is consistent with the objectives and policies in Chapter 6, and Policy 12.6.12.

6.8 RWSP objectives and policies assessment (earthworks)

Section 12 contains four objectives and 12 policies relating to land disturbance activities (i.e. earthworks). These provisions seek the following (relevant) environmental outcomes:

x Avoiding, remedying and mitigating adverse effects on water bodies (12.6.2)

x Reducing sediment discharges to water bodies (12.6.3)

x Maintaining fish passage (12.6.4)

x Having regard to cultural and spiritual values (12.6.12)

The proposed earthworks will be carried out in accordance with an approved ESCP which will be approved by Council prior to the works commencing. The focus of the plan will be to avoid sediment run-off to the adjacent water bodies.

Subject to adherence to the ESCP shown on the plan, the proposed works will achieve the outcomes sought in the relevant objectives and policies related to land disturbance activities.

6.9 RWSP objectives and policies assessment (flood control works and temporary river crossings)

Section 11 contains six objectives and seventeen policies relating to the use of river and lake beds (relevant to the proposed temporary river crossings) and development on floodplains (relevant to the proposed works and disposal areas).

The proposal is consistent with Objective 11.4.2 which is to manage floodplains to protect individuals, communities and their properties.

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The proposal achieves the outcomes sought under Policy 11.5.1 by:

x Minimising temporary adverse effects on amenity values during construction through adherence to a CNVMP.

x Adhering to an ESCP to avoid adverse effects on water quality (also consistent with Policy 11.5.9).

x Avoiding adverse effects on human life, health and safety, private and community property resulting from potential slip failure.

x Recognising and providing for Maori.

As addressed in Section 8 of this report, while there will be significant positive effects resulting from this proposal, potential adverse effects are identified on those parties who will experience increased flooding. Notwithstanding this, every property/building that will be subject to increased flooding are currently already experiencing flooding in the 1:100 year ARI event.

Specifically, the potential increase in flooding risk to buildings is set out in the table attached in Appendix 11. As shown in this table, the proposed works will result in increased flooding at these building locations by between 200mm and 390mm. The increase in flooding on these properties will not result in significant effects on the subject landowners relative to the flooding already experienced under the status quo.

As stated in section 4.6, the temporary river crossings will be designed to achieve adequate continuation flow, consistent with the outcome sought under Policy 11.5.13.

Overall, the proposed flood protection works and the associated temporary river crossings achieve the outcomes sought under the objectives and policies in Section 11 of the FNDC.

6.10 PRP objectives and policies assessment (tangata whenua)

The relevant policies for Tangata Whenua are set out in D.1 of the PRP. The policies require an assessment of environmental effects related to Tangata Whenua (D.1.1, D.1.2, D.1.3), and places of significance to Tangata Whenua (D.1.4, D.1.5).

In this case, consultation has been undertaken with the local hapu groups (Te Rarawa, Ngati Kahu and Ngai Takatau). Members of these hapu groups have been sitting on the NRC liaison committee and have provided ongoing

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feedback during the preliminary design phase of this project. Evidence of consultation with these groups is attached in Appendix 21.

Overall, the proposal achieves the outcomes sought in the various policies under D.1 of the PRP.

6.11 PRP objectives and policies assessment (land and water)

There are 32 policies relating to land and water, most of which are not relevant to the proposed works. Those that are relevant relate to the following matters:

x Maintaining overall water quality (D.4.5) x Managing the effects of land disturbance activities (D.4.31)

Both policies are relevant to the proposed earthworks activities. The outcomes of each policy will be achieved through adherence to the approved ESCP during construction.

Overall, the proposal achieves the outcomes sought in the various policies under D.4 of the PRP.

6.12 PRP objectives and policies assessment (natural hazards)

There are five policies in D.6 of the PRP relating to natural hazards. Of primary relevance is D.6.4 which is to “recognise the significant benefits that flood defences play in reducing flood hazard risks to people, property and the environment”.

The proposal works respond directly to and are entirely consistent with, this policy. The proposed works will increase the capacity of both Awanui River and the Whangatane Spillway, hereby resulting in a reduction of the overall likelihood and frequency of flooding hazards in the wider Kaitaia/Awanui area. Significant positive effects will therefore be experienced throughout the wider area.

6.13 PRP objectives and policies assessment (regionally significant infrastructure)

Page 52 Northland Regional Council - 15186 prepared under the RPS, it includes four policies relating to regionally significant infrastructure of relevance to this application: x Benefits of regionally significant infrastructure (D.2.5). x Minor adverse effects arising from the establishment and operation of regionally significant infrastructure (D.2.6). x Maintenance, repair and upgrading of regionally significant infrastructure (D.2.7). x Appropriateness of regionally significant infrastructure proposals (D.2.8).

The above provisions seek to direct Councils to recognise the benefits of regionally significant infrastructure particularly where it is demonstrated that the adverse effects will not be significant. The proposal is entirely in accordance with the overall intent of these provisions.

Overall, the proposal achieves the outcomes sought in the various policies described above.

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OTHER STATUTORY DOCUMENTS

7.1 Assessment context

Two recent Court decisions3 dictate that it is no longer appropriate to consider higher-order planning documents, when these higher-order planning documents have been “given effect to” by lower-order planning documents. In this case, the RWSP was not prepared under the operative RPS and the PRP is not yet operative. Accordingly, an assessment of the proposal against the RPS is appropriate.

7.2 Regional Policy Statement for Northland

The RPS was made operative in May 2016. It has overarching relevance to the consideration of resource consent applications made under the RWSP and PRP, particularly given that the RWSP was prepared prior to the operative RPS, and the PRP is not yet operative.

The RPS contains several policies that are directly relevant to the proposal. Of most relevance in this case are the objectives and policies relating to regionally significant infrastructure:

x Objective 3.7 ‘Regionally significant infrastructure’

Recognise and promote the benefits of regionally significant infrastructure, (a physical resource), which through its use of natural and physical resources can significantly enhance Northland’s economic, cultural, environmental and social wellbeing.

x Policy 5.3.1 ‘Identifying regionally significant infrastructure’

The regional and district councils shall recognise the activities identified in Appendix 3 of this document as being regionally significant infrastructure.

Section 3a of Appendix 3 of the RPS includes ‘flood management/protection schemes managed by regional and/or district councils’ as an activity that falls within the category of ‘regionally significant infrastructure’. With this in mind, the proposal is deemed to entirely accord with Objective 3.7 and Policy 5.3.1 of the RPS. The proposal will facilitate a significant enhancement of Northland’s economic, cultural, environmental and social wellbeing.

In addition to the above, the following objectives and policies are considered relevant:

x Water Quality (Objective 3.2 and Policy 4.2.1)

3 Environmental Defence Society Inc v The New Zealand King Salmon Co Ltd [2014] NZSC 38 R J Davidson Family Trust v Marlborough District Council [2017] NZHC 52

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Regarding the policies relating to water quality, the proposal achieves the intended environmental outcomes by:

x Adhering to an approved ESCP during construction.

x Regrassing earthworks areas upon completion.

x Minimising natural hazard risk (Objective 3.13) and Natural Hazards (Policy 7.2.3)

The proposed works respond directly to these provisions. The purpose of the proposed works is to increase the protection of the wider Kaitaia/Awanui area from significant flooding events.

Overall, the intention of the RPS is reflected in the lower order PRP document. As the proposal is deemed to be in accordance with the PRP, the proposal can also be considered to be inherently consistent with the RPS. As directed by the RPS, the benefits of the proposed regionally significant infrastructure should be considered when making an overall decision on the application.

7.3 New Zealand Coastal Policy Statement

The New Zealand Coastal Policy Statement (NZCPS) is a national policy statement prepared under the RMA. The purpose of the NZCPS is to state policies in order to achieve the purpose of the Act in relation to the coastal environment of New Zealand.

In this case, while a portion of the works will take place in the Coastal Environment (as it is mapped under the RPS), the proposed works areas will be immediately regrassed following completion of the works. This will ensure that the natural character of the surrounding environment will be preserved. The proposal is therefore in accordance with the outcomes envisaged under the NZCPS.

7.4 Part 2 RMA

An assessment of Part 2 matters is not required unless there are issues of invalidity, incomplete coverage, or uncertainty in the planning provisions4. In this case, there is no invalidity, incomplete coverage, or uncertainty amongst the various documents. In that regard, no assessment of the application is required under Part 2. However, for completeness, the proposal accords with the purpose of the RMA for the following reasons:

4 R J Davidson Family Trust the Marlborough District Council [2018] NZCA 316

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1. The proposed works will provide for the social, economic and cultural wellbeing and health and safety of the Kaitaia/Awanui community through the avoidance of significant flood hazards.

2. The short-term effects of the proposed works will be avoided, remedied and mitigated through adherence to an approved CMP, ESCP and CNVMP.

3. Significant adverse effects will be avoided. While there will be localised adverse effects, these effects are assessed to be minor.

Section 6 of the Act sets out the matters of national importance for which the consent authority shall recognise and provide for, and Section 7 contains other matters that the consent authority shall have particular regard to. Sections 6(d), (e) and (f) all have some relevance to the proposal, as do Sections 7(a), (aa), (b), (c), (d), (f) and (i).

When considered on balance, the proposal is consistent with the purpose of the Act. The project objectives are derived from parts of Sections 5, 6 and 7 and will result in positive effects for the wider Kaitaia area.

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ASSESSMENT OF ENVIRONMENTAL EFFECTS

8.1 Existing environment

The existing environment consists of the following features:

x Various rural production activities to the south-east and north of Kaitaia.

x Nearby residential units and activities throughout Kaitaia, particularly those located on:

- Rongopai Place, - Panakareao Street, - Mathews Avenue, - Melba Street, - Allen Bell Drive, - Kitchener Street - Parkdale Crescent - Matilda Place - Davis Street - Terry Crescent

x Nearby industrial land uses including the retired Fletcher’s concrete yard on the corner of Empire Street and Dunn Street and Tai Tokerau Honey Ltd at the close of Milky Way.

x Recreation and esplanade reserves. The majority of FNDC owned parks and esplanade reserves subject to these reserves are currently used for flood protection (in the form of stopbanks and/or benching etc). Other nearby recreational activities of note include the A&P Showgrounds on State Highway 1 on the southern fringe of Kaitaia, a gymnastics club at 8 Church Street and the Kaitaia Bowling Club at 8A Matthews Avenue.

x Places of assembly including the Kaitaia Primary School at 5 Church Street.

x The existing flood protection works along Awanui River (including the recent upgrades to the Whangatane Spillway and the Bells Hill benching works).

x An existing risk of severe flooding of the Kaitaia urban area (which is currently only protected to the 1:30 year ARI event).

x An absence of native vegetation or any other features of ecological significance.

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8.2 Natural hazard avoidance

The primary purpose of the proposed works is to:

x Provide adequate flood protection along the Awanui River from State Highway 1 overflow to the junction with Whangatane spillway channel and along the Whangatane spillway channel to its junction with the coast. x Reduce flow across the SH1 into the Tarawhataroa Stream during the 20 year and 100 year design flood events. x Increase flood flow into the Whangatane spillway channel during large flood events (20 year or larger) by improving hydraulic efficiency of the channel.

The nature of flood protection works is such that there are often both positive and adverse effects on the environment.

With respect to positive effects, the proposed works will result in a reduction of flood levels on over 1000 properties throughout the wider Kataia/Awanui area. The majority of these properties are located within the Kaitaia urban area and contain various residential/commercial land uses.

NIWA have undertaken a Riskscape Assessment which outlines the positive effects of the proposal. The results of this assessment are outlined in the letter which is attached in Appendix 18. To summarise, the proposed works will see the total buildings exposed to the 1:100 year ARI event in the area reduced from 1066 to 486 (reduction of 580). The overall potential cost of building loss from a 1:100 year ARI event will reduce from approximately $25,884,727 to $9,594,642 (reduction of $16,290,085).

While the proposed positive effects on the wider flood catchment will be significant, in some locations, water levels will rise. The change in potential flood water levels is demonstrated on the Depth Difference Plans5 attached in Appendix 9. Various feasibility/design assessments have been undertaken to minimise the impact of these unavoidable occurrences and to ensure that adverse effects are kept at an acceptable level. Notwithstanding this, the anticipated localised effects associated with the changes in flood levels are described as follows:

Potential effects on building owners

Seven existing buildings have been identified as being potentially subject to an increased risk of flooding. These buildings are identified as ID1-ID7 on the

5 It is noted that these maps have an accuracy of +/- 200mm.

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Increased Flooding Extent and Impacted Building Plans attached in Appendix 10 and are described as follows:

Object Address Site Building Flooding risk ID and legal owner Description Increase (during a description 1:100 year ARI event) (mm) 1 8 Mission Multiple N/A Place owners (Section 1 (Maori SO 53065) Freehold Building no longer Land) exists. 2 69 North B 390mm Road (Pt Hodgson OLC 214) Garage. 3 69 North B 250mm Road (Pt Hodgson Residential OLC 214) Building. 4 70 North B and P N/A Road (Lot 1 Waitai Residential DP 45150) Building. 5 85 North AD and 200mm Road (Lot 2 MW DP 140707) Simpkin Commercial Trustee building (Furniture Limited Plus). 6 259 Bell Elbury 250mm Road (Lot 1 Holdings Building no longer DP 125985) Ltd exists. 7 248 State Juken 270mm Highway 1 New (Pt OLC Zealand 214) Ltd Milking Shed.

Table 2: Identified affected buildings.

There is potential for adverse effects to be experienced by the owners of the buildings identified as ID2-ID5 and ID76. This is due to a predicted minor increase in flooding risk at these buildings of between 200mm and 390mm. Considering the increase in risk of flooding detailed in Table 2 above, it can be expected that the following effects will be experienced:

x A minor increase in the depth of the flooding experienced at these buildings (as demonstrated above). x An increase in the frequency of flooding events that result in inundation of these buildings.

It must be noted that the above buildings are all already subject to flooding risk during a 1:100 year ARI event. The proposed works will slightly increase this risk. However, the increase in flooding on these properties will not result

6 The buildings identified as ID1 and ID6 no longer exist.

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in significant effects on the subject landowners relative to the flooding already experienced under the status quo.

Potential effects on vacant land

Given the nature of this proposal, flood waters will need to be redirected away from the Kaitaia/Awanui urban areas to unoccupied pieces of land currently used for agricultural purposes. By nature, this will inevitably result in potential adverse effects on these properties. Modelling has been utilised to determine those parties affected by the proposed increase in flood levels (see Increased Flooding Extent and Impacted Properties Plans attached in Appendix 12). Overall, 208 properties have been identified as being potentially subject to an increase in flooding risk. Of these properties, 94 are registered as crown land or local purpose reserves. remaining 114 properties are privately owned. A full list of the properties potentially affected by the increase in flooding levels is attached in Appendix 13.

Overall, while there are identified minor effects on these parties, the increase in flooding on these properties will not result in significant effects on the subject landowners relative to the flooding already experienced under the status quo.

8.3 Visual amenity, landscape and character effects

Considering the extent of works proposed by this application, the following visual amenity, landscape and character effects assessment sets out the potential effects of the proposed works shown on each page of the Preliminary Design Scheme plans attached in Appendix 3. The effects of the various sections of works are assessed as follows:

Page 1 – State Highway 1 (south of Kaitaia – north-west of Larmer Road)

These works include the excavation of spillways over two agricultural landholdings legally described as Section 34 Blk V Takahue SD and Lot 1 DP 371901 and the associated disposal/spreading of excavated material on site. The intention of these works are to mitigate the current flooding issue where flood waters exit the Awanui River and pass over the State Highway 1 corridor before entering the Tarawhaturoa River to the south (which eventually overflows, flooding numerous properties in the Kaitaia urban area).

The proposed works will result in existing paddocks being excavated to an a maximum depth of approximately 2m. This excavated material will then be spread evenly over adjacent flood prone land. While, farmed land will temporarily be unavailable for productive purposes, any such effect be

Page 60 Northland Regional Council - 15186 temporary only and will be mitigated through revegetation measures implemented immediately following completion of the works. Notwithstanding above conclusion, the proposed works will not be able to be undertaken without the agreement from the landowner. Consultation with this party is currently ongoing. Once a compensation agreement is reached, an easement will be registered over this land to protect the works from future modification.

It is noted that the driveway providing access to the existing dwelling on Section 34 Blk V Takahue SD traverses the land that is subject to the proposed spillway excavations. As stated in Section 4.7, the construction of this spillway will result in the need to remove the existing driveway serving the existing dwelling on Section 34 Blk V Takahue SD. While this is the case, a new driveway will be constructed over an existing farm track leading from Church Road to the north. If necessary, easements will be created to formalise this arrangement.

Page 2 – State Highway 1 (south of Kaitaia – north-east of Puriri Place), Rongopai Place

The works on Page 2 of the design scheme propose the excavation of a spillway over an agricultural landholding legally described as Lot 7 DP 36828 and the construction of a stopbank crossing Lot 7 DP 36828, Lot 2 DP 202239 and Lot 2 DP 502363. Farmed land will temporarily be unavailable for productive purposes. While this is the case, any such effect will be temporary only and will be mitigated through revegetation measures implemented immediately following completion of the works. The proposed works will not be able to be undertaken without the agreement from the landowner. Consultation with this party is currently ongoing. Once a compensation agreement is reached, an easement will be registered over this land to protect the works from future modification.

A spillway is also proposed to be constructed over an FNDC site legally described as Pt Lot 27 DP 405. The site is a recreational reserve, and accordingly, will only experience minimal effects associated with the proposed works. It is noted that this site currently contains significant flood mitigation measures which include a large stopbank and flood drainage drains as indicated in Figure 10 below:

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Existing Stopbank Flood drainage point (scruffy dome)

Figure 10: Existing flood controls at Pt Lot 27 DP 405.

Assuming that the site is revegetated immediately following the completion of works, any adverse effects will be avoided.

A floodwall is proposed to be constructed along the southern edge of several residential properties located to the south and west of Rongopai Place. The purpose of this floodwall is to specifically protect these properties from flooding and to avoid ongoing erosion issues in this location. This floodwall will be constructed within the esplanade reserve legally described as Lot 54 FP 45867, and accordingly, no effects on these adjacent residential properties are anticipated.

Page 3 – Panakareao Street, Mission Place, Church Road, State Highway 1 (southern end of Mathews Avenue)

It is proposed to undertake benching along the southern edge of the allotments legally described as Section 1 DP 53065 and Pt Lots 16 and 17 DP 27211. Benching is also proposed to be undertaken on the recreation reserve legally described as Pt Lot 332 DP 12724. Assuming that these sites are revegetated immediately following completion of the works, any adverse visual and amenity effects associated with this benching will be avoided.

A stopbank is proposed to be constructed at the eastern end of Section 1 DP 53065, directly adjacent to the boundary of a residential property legally

Page 62 Northland Regional Council - 15186 described as Lot 2 DP 135617. In addition to this stopbank, a floodwall is also to be constructed along the southern and eastern boundaries of this allotment. There are not anticipated to be any adverse effects associated with these works. This is because the proposed stopbank will have a height of only 0.7m and the floodwall will simply replace an existing wall. Consequentially, the visual amenity effects on this party will be less than minor overall.

The stopbanks proposed on the northern side of the Awanui River (on either side of the Church Street Bridge) will be established adjacent to both the Kaitaia Primary School and the Kaitaia Gymnastics Club. Given the non- sensitive nature of these adjacent activities, no adverse visual, landscape or character effects are anticipated. It is noted that the works being undertaken adjacent to the Kaitaia Primary School will take place within the confines of Designation ME72 (see section 4.13 of this report). The approval of the requiring authority has been obtained and is attached in Appendix 22.

On the southern side of the Awanui River (opposite side of the river to the works described in the above paragraph), it is proposed to undertake toe stabilisation works from the northern edge of the Church Street bridge to the Kaitaia Bowling Club, a flood wall to the rear of the Bowling club, and more toe stabilisation works further north. Figure 11 below depicts the currenly eroded state of the existing bank adjacent to the Kaitaia Bowling Club:

Kaitaia Bowling Club

Figure 11: Photo of Kaitaia Bowling Club and stream bank.

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There are not expected to be any visual, landscape or character effects on these adjacent properties, as the majority of these works will occur below the floor level of the adjacent residential units. The proposed floodwall will result in significant positive effects on the Kaitaia Bowling Club as the works will assist with protecting the structural integrity of the building.

Page 4 – Melba Street, Dunn Street, Empire Street

These works include increasing the height of the existing stopbank along the eastern edge of the former Fletcher’s concrete site. A floodwall will also be constructed adjacent to several residential properties at the north-eastern end of Melba Street.

The existing stopbank at the site was recently constructed under the approved FNDC and NRC resource consents referenced 2190226-RMALUC and APP.040493.01.01 respectively (attached in Appendix 20). The recently completed works are shown in Figure 12 below:

Existing Stopbank

Figure 12: Photo of existing flood controls at retired Fletchers Concrete yard).

The visual effects of these proposed works will generally be low, primarily due to the existing modified nature of the site, and the fact that the neighbouring property is currently vacant (formally occupied by the Fletcher’s Concrete yard and zoned industrial). The south-eastern end of the stopbank will

Page 64 Northland Regional Council - 15186 terminate at the end of Melba Street before a floodwall is constructed for a short distance to 20 Melba Street.

The northern extent of the stopbank will terminate at the eastern boundary of 35A Empire Street. The dwelling at 35A Empire Street is not designed with the living areas facing the stopbank. Furthermore, established vegetation in the south-eastern corner of 35A partially screens the proposed stopbank location. Therefore, the effects of the stopbank across the end of Empire Street are confined to a view of the stopbank when driving towards the end of the street.

Page 5 – Kitchener Street, Matilda Place, Parkdale Crescent, Allen Bell Drive

Stopbanks and floodwalls are proposed to be constructed along the river boundaries of numerous residential properties along Kitchener Street, Matilda Place, Parkdale Crescent and Allen Bell Drive. Portions of the floodwall along the southern edge of the Awanui River close to the Allen Bell Drive bridge are required to be positioned on privately owned land (Pt Lots 2, 4-5 DP 40908 and Lots 1 and 2 DP 176707). It is not anticipated that these works will result in adverse effects on these property owners as the subject works will not be able to be undertaken without the agreement of these landowners. Consultation with these parties is currently ongoing. However, once compensation agreements are reached, easements will be registered over the subject sites legalising the ability for NRC to undertake the proposed flood protection works.

Further to the above, it is noted that stopbanks on the edge of the Awanui River are an established feature and part of the character of the Kaitaia urban area (including in this residential area).

Page 6 – Davis Street, Terry Crescent, Donald Lane/Road

Stopbanks and floodwalls are proposed to be constructed along the river boundaries of numerous residential properties along Davis Street and Terry Crescent. A floodwall is also proposed to be constructed along the river edge of the Tai Tokerau Honey Ltd factory at the end of Milky Way. Similar to the above, stopbanks and floodwalls on the edge of the Awanui River are an established feature and part of the character of the Kaitaia urban area (including in this residential area). Overall, any adverse effects resulting from these works will be less than minor.

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Page 7-19 – Donald Lane/Road to 194 Kumi Road

These works include the construction of a series of benches, stopbanks and spillways on the edge of the Whangatane Spillway over numerous agricultural titles between and Donald Lane/Road to 194 Kumi Road and the associated disposal/spreading of excavated material within adjacent flood planes.

The proposed works will result in existing paddocks being excavated and the excavated material will then be spread evenly over adjacent land. Farmed land will be temporarily unavailable for productive purposes. While this is the case, the effects will be temporary only and will be mitigated through revegetation measures implemented immediately following completion of the works. Notwithstanding the above conclusion, the proposed works will not be able to be undertaken without the agreement from the subject landowner. Consultation with these parties is currently ongoing. However, once compensation agreements are reached, easements will be registered over the subject sites legalising the ability for NRC to undertake the proposed flood protection works.

8.4 Ecological effects

There are no significant ecological features of any note (including native vegetation) in the proposed works areas. With the exception of the proposed temporary river crossings (see section 4.6) and the Matthews Avenue toe stabilisation works, no other works are proposed in the bed of the river.

Key mitigation measures relating to ecology are:

x Adherence to the approved ESCP to avoid adverse effects on stream ecology during construction. x Specific design of the temporary river crossings to ensure that upstream fish passage is not impeded (i.e. suitably sized and number of culverts installed at bed level), and adequate continuation flows.

Adherence to the aforementioned mitigation measures will ensure that the ecological effects associated with the proposed works will be less than minor.

8.5 Effects on water quality and sediment control

The proposal involves 577,864m³ of earthworks (cut and fill) in close proximity to the Awanui River and the Whangatane Spillway, and the construction of temporary river crossings within the river bed. These activities are related to the construction phase of the project and have the potential to adversely

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affect the water quality of the Awanui River if undertaken in an uncontrolled manner.

As confirmed in section 4.9 of this report, an ESCP is proposed to be completed and approved by Council prior to the commencement of any works. The plan will include a range of best practice sediment control techniques designed to limit erosion and collect any waterborne soil.

The temporary river crossings will consist of two appropriately sized steel pipes and rock/concrete. Once completed, the rock in the stream will be left to form a drop structure (similar to what has been constructed as part of the works approved by FNDC in 2019 under 2190226-RMALUC and by NRC in 2018 under APP.040493.01.01 – see decisions attached in Appendix 20).

Given that all excess earthworks material will need to be trucked across the river to the disposal site on the opposite side, there is a high potential for sediment to enter the river from overloaded truck trays and tyres, and from the approaches to the crossing. The construction of metalled access routes will reduce this problem.

Provided that the earthworks are carried out in accordance with the approved ESCP, the effects on water quality and sediment control can be effectively controlled to an acceptable level.

8.6 Dust generation

A condition of consent is expected that will ensure that dust generated during the construction phase of the project will be controlled appropriately to avoid causing any nuisance effects on neighbours. Measures will include:

x Monitoring wind conditions when the potential for dust nuisance is high and adapting work practices to suit. x Watering. x Managing the extent of areas being worked (minimising the potential of working areas to wind exposure). x Reinstatement of worked areas upon works completion.

Assuming compliance with this condition of consent, all potential dust nuisance effects will be avoided.

8.7 Archaeological, heritage and cultural effects

There are no significant areas that meet the criteria in Appendix 13B or any outstanding or significant natural features in the vicinity of the proposed works areas.

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Geometria have been engaged to undertake an archaeological assessment of the proposed works areas and to prepare a report outlining their findings. At the time of lodgement, this report is yet to have been received, however, it is expected to be completed within the next two weeks. This report will be forwarded through to the processing planner as soon as it is received.

Notwithstanding the above, the applicant will adhere to the HNZ accidental discovery protocol in the event that currently unrecorded sites are discovered during the proposed works (attached in Appendix 23).

8.8 Noise effects during construction

The construction of the proposed flood protection works will involve the use of heavy machinery. According to the MDA report attached in Appendix 19, the level of noise and vibration generated is likely to exceed the construction noise and vibration standards of the FNDP. MDA have therefore prepared a CNVMP which will ensure that the adverse effects associated with these infringements will be less than minor overall. The main principles of the plan are listed in section 4.11 of this report.

It is also noted that the noise effects associated with the construction works are of a temporary nature.

Subject to adherence to the controls stipulated in the SNVMP, the effects of the noise and vibration during the construction of the flood protection works are expected to be managed to acceptable levels.

8.9 Public spaces and safety

Public Safety

As much of the works will take place within close proximity to several residential, commercial and public areas, public safety is an important consideration.

The public will not be permitted onto the construction site, and gates and signs will be provided for this purpose.

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The details surrounding the avoidance and mitigation of construction related effects will be provided in the construction management plan (CMP) required as a condition of consent.

Public open space

The proposed works are partly located on public land (esplanade reserves and other land owned by the FNDC). However, this land currently contains a stopbank and has very little conservation and recreational value. Furthermore, the continued use of the land for flood protection works better serves the community relative to any other conservation or recreational use.

8.10 Overall effects

While there will be some localised effects on property/building owners that are subject to increases in flooding risk, overall the effects on the wider Kaitaia/Awanui area will be positive.

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RECORD OF CONSULTATION

9.1 Consultation

Extensive ongoing consultation has been undertaken throughout the preliminary design of the Awanui Flood Scheme upgrades. This consultation has included the establishment of a dedicated webpage on NRCs website providing information on the project:

https://www.nrc.govt.nz/environment/flood-protection-and-natural- hazards/flood-management-schemes/awanui-river-flood-management- scheme/

The project has also been the subject of various news articles published by media outlets such as Stuff and the NZ Herald. These articles detail the progress that has been made so far (including the 2016 Whangatane Spillway upgrade and the 2019 Bells Hill Benching works) while also outlining NRCs intention regarding the future upgrades to the remainder of the scheme (which is what is proposed by this application). See below:

https://www.stuff.co.nz/environment/114046079/kaitaia-flood-scheme- designed-to-save-lives-and-millions-in-damage-completes-more-projects

https://www.nzherald.co.nz/the- country/news/article.cfm?c_id=16&objectid=12247399

In addition to the above, an Awanui Liaison Committee has been formed to undertake ongoing consultation with landowners/occupiers, iwi groups and other groups potentially affected by the subject works. The Terms of Reference for this liaison committee is attached in Appendix 25.

In addition to the above, specific consultation that has been undertaken includes:

x Landowners (works areas)

As addressed in section 4.8 of this report, easements are proposed to be established over private land that is subject to the proposed works in accordance with the Easement plan attached in Appendix 7. Consultation regarding the establishment of these easements is being undertaken in accordance with the Landowner Engagement – Easement Process Chart (attached in Appendix 14). This consultation process is ongoing, and these easements are currently in various stages of completion. The Land Owner

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Engagement Report – July 2020 attached in Appendix 15 provides an update on the progress of this engagement process. x Ministry of Education

As stated in section 4.13 of this report, the works being undertaken adjacent to the Kaitaia Primary School will take place within the confines of Designation ME72 (see section 4.13 of this report). While their approval is yet to be received, the MOE representatives have advised that this will be released shortly. This will be forwarded through to NRC/FNDC as soon as it is received. The correspondence with this party is attached in Appendix 22. x Iwi

Consultation has been undertaken with the local hapu groups (Te Rarawa, Ngati Kahu and Ngai Takatau). Members of these hapu groups have been sitting on the NRC liaison committee and have provided ongoing feedback during the preliminary design phase of this project (since 2008). Evidence of with these groups is attached in Appendix 21.

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OTHER STATUTORY APPROVALS

10.1 NES – Soil Contamination

All applications that involve subdivision, an activity that changes the use of a piece of land, or earthworks are subject to the provisions of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health Regulations 2011 (NES). The regulation sets out the requirements for considering the potential for soil contamination, based on the HAIL (Hazardous Activities and Industries List) and the risk that this may pose to human health resulting from the proposed land use.

The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 has been considered in the context of this proposal. In this case, the majority of the proposed works will take place within rural, residential or open space land which has not been subject to any potential HAIL activities.

Some works, however, are proposed to be undertaken within the former Fletchers Concrete yard at the corner of Empire and Dunn Street (see page 4 of the Preliminary Scheme Design Plans attached in Appendix 3. While this is the case, the proposed works will generally involve the placement of fill that is extracted from other non-contaminated (mostly rural) sites. Therefore, no excavation of potentially contaminated soils will take place within the site, and accordingly, the NES does not apply.

Notwithstanding the above conclusion, it is also noted that former Fletchers Concrete site was recently subject to the works approved under resource consents 2190226-RMALUC and APP.040493.01.01 (see decisions attached in Appendix 20). During the processing of this consent, Cook Costello Consulting Engineers (CC) were engaged to undertake and prepare a Detailed Site Investigation (DSI) of the site to determine if it had been subject to any HAIL activities and assess the risk to human health resulting from the proposed works. The CC report (attached in Appendix 24) concluded that the site was subject to heightened levels of lead, and as such, a CMP was prepared that specifically addressed the disturbance and management of contaminated material. Given that these works have already been completed, the proposal will not increase any risk of exposure to these soils.

Further to the above, some minor earthworks will also take place within the Tai Tokerau Honey yard at the end of Milky Way. While this site may have been used for HAIL activities in the past, the proposed works (construction of

Page 72 Northland Regional Council - 15186 a floodwall) will likely trigger the need for minor earthworks. These works are will comply with the permitted activity criteria set out in Section 8(3) of the NES regulations.

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NOTIFICATION

11.1 Public notification

The adverse environmental effects of the proposal have been considered in Section 8 of this report and are no more than minor. Aside from the minor localised effects, the effects of the proposed works are largely positive.

The applications to both the FNDC and NRC can be processed without public notification.

11.2 Limited notification

Some localised effects have been identified on the following parties:

x Properties that are subject to an increased risk of flooding; and

x Properties that contain buildings that are subject to an increased risk of flooding.

Therefore, it is expected that the application will be subject to limited notification to these parties only. The potentially affected building and property owners are listed in the tables attached in Appendices 11 and 13 respectively.

The temporary effects associated with the proposed earthworks and construction noise are assessed to be less than minor (subject to adherence to a CMP, a CNVMP and an ESCP).

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PROPOSED CONDITIONS OF CONSENT

Far North District Council

1. The Consent Holder shall ensure that the works are undertaken generally in accordance with the plans prepared by Northland Regional Council [insert reference] and documents prepared by Reyburn and Bryant [insert reference], Tonkin and Taylor [insert reference], Geometria [insert reference], Marshall Day Acoustics [insert reference] and Cook Costello [insert reference].

2. That the proposed works and disposal areas are stabilised and re-vegetated to minimise the potential for erosion from exposed surfaces.

3. That the hours of operation are restricted to 7.30am to 6pm, Monday to Saturday.

4. The Consent Holder shall prior to the commencement of any earthworks, prepare and submit an Erosion and Sediment Control Plan which sets out the practices and procedures to be adopted in order that compliance with the conditions of this consent are achieved. The Erosion and Sediment Control Plan shall be submitted to the Council’s Monitoring Manager for approval. No works shall be undertaken until this approval has been given in writing.

5. The Consent Holder shall prior to the commencement of any site work, prepare and submit a Construction Management Plan (CMP) which sets out the methodologies, practices and procedures to be adopted in order to manage the operational aspects of the proposed work. The CMP shall be submitted to the Council’s Monitoring Manager for approval. No works shall be undertaken until this approval has been given in writing.

As a minimum the CMP shall include the following:

(a) A dust management plan; (b) Construction methodology and timetable; (c) Environmental emergency response procedures; (d) Processes to be followed in wet weather; (e) A maintenance programme for haul and access roads; (f) Security systems proposed for any refuelling and maintenance depots; (g) Procedures for addressing ay potential impacts on archaeological sites; (h) A programme for the education and control (with respect to the environment) of employees and subcontractors to ensure that all personnel are briefed on environmental issues prior to commencing work The CMP shall set out mitigation and contingency measures for (but not limited to) the following:

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(a) Erosion control and construction material loss; (b) Spills (including oils, hydraulic fluids, concrete washings); (c) Occurrences of non-compliance; (d) Failure of protection works or earthworks; (e) Water collection management

The CMP is to be updated throughout the course of the project to reflect changes to components of the project and the ESCP. The CMP shall be reviewed and revised as necessary prior to construction and at the commencement and completion of each stage and/or earthworks season.

The Consent Holder shall undertake the activities authorised by this consent in accordance with the approved CMP.

6. Compliance with the Marshall Day Acoustics CNVMP shall be achieved on an ongoing basis to the satisfaction of Council’s Monitoring Department Team Leader.

Advice Notes

1. The proposal is required to comply with the Building Act requirements and it is possible that building consents will be required for the construction of the proposed retaining walls.

Northland Regional Council

General

1 The Consent Holder shall ensure that the works are undertaken generally in accordance with the plans prepared by Northland Regional Council [insert reference] and documents prepared by Reyburn and Bryant [insert reference], Tonkin and Taylor [insert reference], Geometria [insert reference], Marshall Day Acoustics [insert reference] and Cook Costello [insert reference].

2 The Consent Holder shall ensure that a copy of this consent is provided to the person(s) who is to carry out the work, prior to construction commencing. A copy of the consent shall be held on-site and be available for inspection during construction.

3 The Consent Holder shall notify the Council’s Monitoring Manager in writing of the date that earthworks are intended to commence, at least two weeks beforehand. The Consent Holder shall arrange for a site meeting between the Consent Holder’s principal earthmoving contractor and the Council’s assigned monitoring officer, which shall be held on-site prior to any earthworks

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commencing. No works shall commence until the Council’s assigned monitoring officer has completed the site meeting.

4 The Consent Holder shall prior to the commencement of any earthworks, prepare and submit an Erosion and Sediment Control Plan (ESCP) which sets out the practices and procedures to be adopted in order that compliance with the conditions of this consent are achieved. The ESCP shall be submitted to the Council’s Monitoring Manager for approval. No works shall be undertaken until this approval has been given in writing.

As a minimum the ESCP shall include the following:

(a) The expected duration (timing and staging) of the major cut and fill operations, drainage works, disposal sites for unsuitable materials/overburden, and clean water diversions.

(b) Diagrams and/or plans, of a scale suitable for on-site reference, showing the locations of the major cut and fill operations, disposal sites for unsuitable materials, erosion and silt control structures/measures, and water quality sampling sites.

(d) Supporting calculations and catchment boundaries for the erosion and sediment controls.

(e) The commencement and completion dates for the implementation of the proposed erosion and sediment controls.

(f) Methods to be used to ensure stability of batter faces.

(g) Deleted

(h) Details of surface revegetation of disturbed sites and other surface covering measures to minimise erosion and sediment runoff following construction.

(i) Measures to minimise sediment being deposited on public roads, beyond the works area.

(j) Measures to minimise the discharge of sediment from the river crossing and its approaches.

(k) Measures to control the effects of dust during construction to ensure dust discharge from the earthworks activity does not create a nuisance on neighbouring properties.

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(l) Monitoring procedures to ensure adverse effects on water quality in the Awanui River are minimised.

(m) A monitoring programme which identifies discharge points, sampling sites, sampling methodology, and analyses that show how the Monitoring Programme will be complied with.

(n) Measures to prevent spillage of fuel, oil and similar contaminants.

(o) Contingency containment and cleanup provisions in the event of accidental spillage of hazardous substances.

(p) Means of ensuring contractor compliance with the ESCP.

(q) The name and contact telephone number of the person responsible for monitoring and maintaining all erosion and sediment control measures.

(r) Contingency provisions for the potential effects of large/high intensity rainfall and flooding events.

The Consent Holder shall undertake the activities authorised by this consent in accordance with the approved ESCP.

Advice Note: Notification of the commencement of works may be made by email to [email protected]

Advice Note: The Council’s Monitoring Manager’s approval of the ESCP is in the nature of certifying that adoption of the ESCP is likely to result in compliance with the conditions of this consent. The Consent Holder is encouraged to discuss its proposed ESCP with Council staff prior to finalising this plan.

5 The Consent Holder may review and amend the ESCP in consultation with the Council’s Monitoring Manager at any time during the period of the consent. The Consent Holder shall undertake the activities authorised by this consent in accordance with the approved ESCP or the approved amendment.

6 Erosion and sediment controls shall be installed prior to the commencement of any earthworks (other than those required for the erosion and sediment controls) within the works area. The installation of all erosion and sediment controls shall be supervised by an appropriately qualified and experienced person(s).

7 The Consent Holder shall submit a certificate to the Council, signed by an appropriately qualified and experienced person, stating that the erosion and sediment controls have been constructed in accordance with the approved ESCP.

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Information supplied shall include:

(a) Contributing catchment area. (b) Retention volume of structures. (c) Shape of structures. (d) Position of inlets/outlets. (e) Stabilisation of the structures. (f) Size of diversions and method of stabilisation.

Advice Note: An appropriately qualified and experienced person is one who has attended an ‘Erosion and Sediment Control – Plan Preparers’ course conducted by Auckland Council, or similar, and has at least two years experience in the field of erosion and sediment control works.

8 No earthworks shall be carried out between 1 May and 30 September in any year unless the prior written agreement of the Council’s Monitoring Manager has been obtained.

Advice Note: Any request for an earthworks extension should be made at least two weeks prior to 1 May and should be accompanied by details of the proposed additional sediment controls, the reason for the requested extension, and the potential effects on soil conservation and downstream water quality. Any extension will be treated on a case by case basis.

9 The Consent Holder shall prior to the commencement of the approved works provide a final design and Construction Management Plan for the temporary river crossings. The management plan shall include methodologies and practices to be adopted to minimise adverse effects on the Awanui River environment. The management plan shall be submitted to the Council’s Monitoring Manager for approval. No works shall be undertaken until this approval has been given in writing.

As a minimum the CMP shall include the following:

(a) The type of structure and materials, details of approaches to the crossing;

(b) Methods of construction, including any river diversions;

(c) Measures to be employed to minimise the effects of this structure during flood events, including the possible removal of the structure prior to anticipated flood events;

(d) Measures to prevent erosion and scouring around and immediately downstream of the structure;

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(e) Measures to prevent or minimise the discharge of sediment from the structure on daily basis and prior to anticipated river flow events that overtop the structure;

(f) Measures to maintain fish passage on a daily basis.

10 The Consent Holder shall remove all unwanted materials and refuse from the consent area upon the completion of the works authorised by this consent, to the satisfaction of the Council’s Monitoring Officer.

11 The Consent Holder shall minimise contamination of surface water by ensuring that slash, soil, debris and detritus associated with the exercise of these consents (other than for works being undertaken in the bed of the water body), is not placed in a position where it may be washed into the downstream water body.

12 All earthworks operations shall be carried out in a manner that minimises the potential for slope instability and soil erosion. Effective mitigation measures shall be installed as required to mitigate and/or remedy any slope failures.

13 Drains and cut-offs shall be constructed to divert stormwater and minimise erosion of land/fill slopes and shall be capable of conveying stormwater during not less than the estimated 1 in 20 year rainfall event. All channels on grades greater than 5% shall be protected to avoid creating erosion features.

14 All offsite stormwater shall, as far as is practicable, be directed away from earthworks areas and no drainage pathways shall be constructed or permitted to flow over fill areas in a manner that creates erosion of the fill material.

Advice Note: The Council recognises that the works are being undertaken within a flood prone area, therefore diversion of all floodwaters may not be possible.

15 The Consent Holder’s operations shall not give rise to any discharge of contaminants (e.g. dust), at or beyond the property boundary, which is noxious, dangerous, offensive or objectionable to such an extent that it has, or is likely to have, an adverse effect on the environment. Dust control measures shall be available on-site to ensure compliance with this condition.

16 Refuelling and servicing of machinery shall not be carried out in such a way that soil or water at the site is contaminated. Where an accidental spillage to land occurs all contaminated soil shall be collected and removed to a disposal site that is authorised to accept such material. Where an accidental spillage to water occurs, the Consent Holder shall:

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(a) Immediately take such action, or execute such work as may be necessary, to stop and/or contain such escape; and

(b) Immediately notify the Council by telephone of an escape of contaminant; and

(c) Take all reasonable steps to remedy or mitigate any adverse effects on the environment resulting from the escape; and

(d) Report to the Council’s Monitoring Manager in writing within one week on the cause of the escape of the contaminant and the steps taken or being taken to effectively control or prevent such escape.

In regard to telephone notification during the Council’s opening hours, the Council’s assigned monitoring officer for these consents shall be contacted. If that person cannot be spoken to directly, or it is outside of the Council’s opening hours, then the Environmental Hotline shall be contacted.

17 The Consent Holder shall ensure that the contractor(s) exercising these consents have a spill kit on-site and a written Accidental Oil Spill Clean-up Procedure which shall be followed in the event of an accidental oil spill. The Consent Holder shall ensure that a copy of the Accidental Oil Spill Clean-up Procedure is provided to the person who is to carry out the work, prior to exercising the consents.

18 All bare areas of land shall be covered with aggregate, or top soiled and established with a suitable grass/legume mixture to achieve an 80% groundcover by 31 May immediately following the works, or within three months of the completion of earthworks in each construction season, whichever is the sooner. Temporary mulching or other suitable ground cover material shall be applied to achieve total ground cover of any areas unable to achieve the above requirements.

Advice Note: The purpose of this condition is to minimise erosion and sedimentation during the winter months. Without suitable groundcover being established during the autumn period there is a much higher potential for soils to be eroded especially during prolonged wet periods and an inability to obtain satisfactory compaction.

19 Borrow areas shall be managed to minimise erosion or movement of sediment into watercourses and no earthworks shall be carried out under weather conditions which would lead to scouring of slopes and soil erosion.

20 The Consent Holder shall avoid the tracking of sediment, spoil and/or debris onto public road surfaces beyond the extent of the works area.

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21 The exercise of these consents shall not result in any of the following effects, either by themselves or in combination with other contaminants, on the water quality of the Awanui River, as measured approximately 50m metres downstream of where the discharge enters the Awanui River, compared to a site immediately upstream of all land disturbance activities associated with the exercise of these consents during the same sampling event:

(a) The production of any conspicuous oil or grease films, scums or foams, floatable or suspended materials, or emissions of objectionable odour.

(b) An increase in suspended solids concentration greater than 100 grams per cubic metre.

(d) A reduction in visual clarity of more than 40%, as measured using black disc method or a council approved alternative method.

(e) A reduction in natural hue by more than 10 Munsell units.

23 The Consent Holder shall ensure that the structure does not impede fish passage during any flow conditions, unless approval is provided in writing by the Council’s Monitoring Manager for short term day time obstructions to fish passage.

Advice Note: Short term impediments to fish passage for construction activities or temporary flow bypass may be acceptable if it can be demonstrated that these activities would be desirable to minimise downstream sediment discharges, and is undertaken in a manner that avoids more than minor interruptions to fish movement.

24 The Consent Holder shall maintain all facilities covered by this consent in good order and repair.

25 The Consent Holder shall advise hapu representatives of the commencement of works.

26 In the event of archaeological sites or koiwi being uncovered, activities in the vicinity of the discovery shall cease. The Consent Holder shall then consult with local iwi and the New Zealand Historic Places Trust and shall not recommence works in the area of the discovery until the relevant Historic Places Trust approvals to damage, destroy or modify such sites have been obtained.

27 The Council may, in accordance with Section 128 of the Resource Management Act 1991, serve notice on the Consent Holder of its intention to review the

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conditions annually during the month of May for any one or more of the following purposes:

(a) To deal with any adverse effects on the environment that may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or

(b) To require the adoption of the best practicable option to remove or reduce any adverse effect on the environment.

The Consent Holder shall meet all reasonable costs of any such review.

Advice Note: The Council may, in accordance with Section 128 of the Resource Management Act 1991, serve notice on the Consent Holder of its intention to review the conditions any time for the following purposes:

(i) To provide for compliance with rules relating to minimum standards of water quality in any regional plan that has been made operative since the commencement of the consent; or

(ii) To provide for compliance with any relevant national environmental standards that have been made; or

Where there are inaccuracies in the information made available with the application that materially influenced the decision on the application and where the effects of the exercise of consent are such that it is necessary to apply more appropriate conditions.

28 For the purposes of the lapsing provisions of section 125 of the Act, this consent shall not lapse until its expiry date.

EXPIRY DATE: AUGUST 2030 (10 YEARS)

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CONCLUSION

The proposal is to undertake various works associated with the upgrading of the Awanui Flood Scheme. The general objective for the upgrade is to: x To protect urban Kaitaia to a design standard equivalent to a 1:100 ARI event with an allowance for climate change and freeboard; and x To improve the safety of the riverbanks against slope failure.

The adverse effects of the proposed works have been considered in Section 8 of this report. While the effects are largely positive (due to the reduction in flood risk to urban Kaitaia/Awanui), there are identified to be some localised minor effects on affected building and property owners. The adverse effects of the proposed construction works will be mitigated by adherence to a CMP (to control effects on surrounding properties and to manage the effects on human health due to potential contaminants in soil), a CNVMP (designed to minimise effects on residential amenity resulting from construction noise) and an ESCP (to avoid adverse effects on the adjoining Awanui River).

Overall, having regard to all of the relevant matters in s104(1) and s104B of the RMA, the proposal can be approved subject to appropriate conditions of consent.

Page 84

APPENDIX 1

FOURTH SCHEDULE CHECKLIST

SCHEDULE 4 RMA CHECKLIST

Clause Description Report reference

1. Information must be specified in sufficient detail

1. Any information required by this schedule, 9 including an assessment under clause 2(1)(f) or (g), must be specified in sufficient detail to satisfy the purpose for which it is required.

2. Information required in all applications

1(a) Description of activity Section 4

1(b) Description of the site at which the activity is to Sections 2 and 3 occur

1(c) Owners names and addresses Various – Appendix 16

1(d) Description of other activities that are part of the Section 4 proposal

1(e) Description of other resource consents required Sections 5 and 6 for the proposal

1(f) Assessment of the activity against the matters set Section 7.4 out in Part 2 of the RMA

1(g) Assessment of the activity against any relevant Sections 5, 6, 7 and 10 provisions of a document referred to in section 104(1)(b) RMA

2(2)(a) Assessment of the activity against any relevant Sections 5, 6, 7 and 10 objectives, policies, or rules in a document referred to in section 104(1)(b) RMA

2(2)(b) Assessment of the activity against any relevant Sections 5, 6, 7 and 10 requirements, conditions, or permissions in any rules in a document referred to in section 104(1)(b) RMA

2(2)(c) Assessment of the activity against any other Sections 5, 6, 7 and 10 relevant requirements in a document referred to in section 104(1)(b) RMA

2(3)(a) Assessment of the activity's effects on the Section 8 environment that includes the information required by clause 6

3. Additional information required in some applications

3(a) If any permitted activity is part of the proposal to N/A which the application relates, a description of the permitted activity that demonstrates that it

complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1)):

3(b) If the application is affected by section N/A 124 or 165ZH(1)(c) (which relate to existing resource consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 104(2A)):

3(c) If the activity is to occur in an area within the N/A scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 104(2B)).

4. Additional information required in application for subdivision consent

4(a) The position of all new boundaries: N/A

4(b) The areas of all new allotments, unless the N/A subdivision involves a cross lease, company lease, or unit plan:

4(c) The locations and areas of new reserves to be N/A created, including any esplanade reserves and esplanade strips:

4(d) The locations and areas of any existing esplanade N/A reserves, esplanade strips, and access strips:

4(e) The locations and areas of any part of the bed of a N/A river or lake to be vested in a territorial authority under section 237A:

4(f) The locations and areas of any land within the N/A coastal marine area (which is to become part of the common marine and coastal area under section 237A):

4(g) The locations and areas of land to be set aside as N/A new roads.

5. Additional information required for reclamation application

5(a) The location of the area: N/A

5(b) If practicable, the position of all new boundaries: N/A

5(c) Any part of the area to be set aside as an N/A esplanade reserve or esplanade strip.

6. Information required in assessment of environmental effects

Note: Under (6)(2) of Schedule 4 a requirement to include information in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

6(1)(a) If it is likely that the activity will result in any Section 4.2 – a significant adverse effect on the environment, a consideration of description of any possible alternative locations or alternatives is not methods for undertaking the activity necessary as effects not likely to be significant

6(1)(b) Assessment of the actual or potential effect on the Section 8 environment of the activity

6(1)(c) If the activity includes the use of hazardous Section 10.1 substances and installations, an assessment of any risks to the environment that are likely to arise from such use

6(1)(d)(i) A description of the nature of the discharge and Section 8 the sensitivity of the receiving environment to adverse effects

6(1)(d)(ii) A description of any possible alternative methods Section 4 of discharge, including discharge into any other receiving environment

6(1)(e) A description of the mitigation measures Section 8 (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect

6(1)(f) Identification of the persons affected by the Sections 8 and 11 activity, any consultation undertaken, and any response to the views of any person consulted

6(1)(g) A description of how and by whom the effects will Section 8 be monitored if the activity is approved

6(1)(h) If the activity will, or is likely to, have adverse Section 8 effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group)

6(2) A requirement to include information in the Noted assessment of environmental effects is subject to the provisions of any policy statement or plan.

7. Matters that must be addressed by assessment of environmental effects

Note: Under 7(2) of Schedule 4 the requirement to address a matter in the assessment of environmental effects is subject to the provisions of any policy

statement or plan.

7(1)(a) Assessment of any effect on those in the Section 8 neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects

7(1)(b) Assessment of any physical effect on the locality, Section 8 including any landscape and visual effects

7(1)(c) Assessment of any effect on ecosystems, including Section 8 effects on plants or animals and any physical disturbance of habitats in the vicinity

7(1)(d) Assessment of any effect on natural and physical Section 8 resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations

7(1)(e) Assessment of any discharge of contaminants into Section 8 the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants

7(1)(f) Assessment of any risk to the neighbourhood, the Section 8 wider community, or the environment through natural hazards or the use of hazardous substances or hazardous installations

APPENDIX 2

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APPENDIX 3

PRELIMINARY SCHEME DESIGN PLANS [NRC]