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Download Document RESOURCE CONSENTSUPPORTAGREEl\lIENT EXECUTIONAND D ATE Executed as an agreement. Date: 5 June 2019 SIGNED by America's Cup Event Limited by: Director Director V\J/t f; '-1;'\.-f Mfi1,\/_$ Print Name Print Name SIGNEDby Panuku Development Auckland Limited by: Director Print Name Print Name 4 4441220_3 CONDITION STAGE WHO GENERAL Definition of terms 3 The consent holder shall appoint a suitably experienced person with appropriate seniority for a period of 10-years from All Panuku commencement of the consent to: (a) Take responsibility for the implementation of the consent conditions; (b) Maintain oversight of the overall programme; (c) Ensure liaison and consultation between stakeholders to the conditions of consent including but not limited to Auckland Council, Council-Controlled Organisations, the Community Liaison Group, the Forum (Condition 5), and the Auckland Civil Defence and Emergency Management Group; (d) Manage the lodgement or submission of documents or reports to the Team Leader Compliance Monitoring – Central where required by the conditions; (d) Carry out appropriate reporting to assist the Council with compliance monitoring; and (e) Take such actions as necessary to resolve any matters arising from the implementation of the conditions. Mana Whenua Engagement 5 Prior to the Commencement of Consent, the consent holder shall invite the mana whenua listed below in c) to establish a Forum to: Pre- Consent a) Assist the consent holder in the preparation of an America’s Cup Kaitiaki Engagement Plan (ACKEP) (Conditions 5A-5F) construction holder consistent with relevant customary practices and in accordance with the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), especially the principles of consultation, active participation and partnership; and b) Fulfil the obligations set out in the America’s Cup Kaitiaki Engagement Plan on behalf of mana whenua. c) 1. Ngāi Tai ki Tāmaki 2. Ngāti Maru 3. Ngāti Tamaoho 4. Ngāti Te Ata Waiohua 5. Ngaati Whanaunga 6. Ngāti Tamaterā 7. Ngāti Whātua Ōrākei Error! Unknown document property name. Error! Unknown document property name. Error! Unknown document property name. 1 CONDITION STAGE WHO 8. Te Ākitai Waiohua 9. Te Patukirikiri 10. Te Kawerau ā Maki 11. Ngāti Pāoa 12. Ngāti Whātua o Kaipara 13. Te Rūnanga o Ngāti Whātua 14. Ngāti Wai 15. Ngāti Manuhiri 16. Ngāti Rehua Ngāti Wai ki Aotea 17. Te Uri o Hau 18. Te Ahiwaru Waiohua 19. Waikato-Tainui The consent holder shall facilitate and fund the additional resourcing of the Forum to meet all its fair and reasonable costs associated with any work streams required for the Forum to fulfil its role in respect of this condition. Advice Note 1: It is acknowledged that Te Tiriti o Waitangi/The Treaty of Waitangi underpins the relationship between Mana Whenua and the Crown. Inherent in this are (amongst other things) the principles of partnership, reciprocity, active protection and equity. Importantly, the principle of partnership is endorsed by the concept of good faith. Those principles are acknowledged in the Local Government Act 2002. Advice Note 2: The Consent Holder acknowledges that the Waitematā is of extremely high spiritual, ancestral, cultural, customary and historical importance to Mana Whenua Advice Note 3: The Consent Holder records its commitment to implementing this condition in good faith, and to using the services of an independent mediator, as necessary. 5A The consent holder shall prepare an America’s Cup Kaitiaki Engagement Plan (ACKEP) for the Project with the assistance of All Consent the Forum. Within ten (10) working days of the Commencement of Consent or prior, the consent holder shall provide a copy of the holder and ACKEP to the Team Leader Compliance Monitoring – Central. ACE Error! Unknown document property name. Error! Unknown document property name. Error! Unknown document property name. 2 CONDITION STAGE WHO 5B The purpose of the ACKEP is to assist mana whenua to express tikanga, fulfil their role as kaitiaki, and establish the engagement All Consent process before, during and after the completion of construction activities for implementation throughout the project. It shall be holder and formulated through: ACE a) Providing the framework for a collaborative approach between the consent holder and mana whenua to address the matters which impact cultural values / interest, before, during and after the completion of the construction activities; and b) Identifying how the consent holder and the Forum will ensure that effective relationships are provided for throughout the Event. 5C The objectives of the ACKEP are to: All Consent a) Acknowledge the cultural and spiritual importance of the Waitemata and its surrounds to mana whenua; holder and ACE b) Acknowledge mana whenua as kaitiaki; c) Recognise the importance of engagement and identification of key mana whenua values, areas of interest and matters concern in relation to the Project; d) Provide mana whenua with an opportunity to be actively involved with the formulation and implementation of the ACKEP; and e) Facilitate engagement between the consent holder and mana whenua in relation to the activities authorised by this consent, and to assist mana whenua to fulfil their role as kaitiaki. 5D As a minimum, the ACKEP shall include details of the following matters: All Consent holder and How mana whenua who have historic associations with the Project area and its surrounding waters have been involved in the ACE formulation of the ACKEP and are to be involved in its implementation; The process for involvement of mana whenua in the preparation and implementation of the engineering design, construction management, and operational plans as they relate to: (i) Managing water quality during the construction and operation of the Infrastructure; (ii) Managing underwater noise during construction so as to protect marine animals; (iii) Protecting the waters of the area from biosecurity risks; Error! Unknown document property name. Error! Unknown document property name. Error! Unknown document property name. 3 CONDITION STAGE WHO (iv) Providing cultural markers within the Infrastructure to recognise the historic associations of mana whenua with the area and the significance of the land and seascapes of Waitematā to mana whenua; and (v) Enabling use of the Infrastructure for cultural activities. In giving effect to Condition 5D.b), involvement by mana whenua in preparation and implementation of the following management plans: Management Plan for Dredging and for Placement of Mudcrete in the CMA (MPDPM); Erosion and Sediment Control Plan (ESCP); Remediation Action Plan (RAP); Groundwater Monitoring and Contingency Plan (GWMCP); Construction Noise and Vibration Management Plan (CNVMP); Biosecurity Management Plan (BMP); Inner Viaduct Harbour Environmental Management Plan (IVHEMP); Industrial and Trade Activities Hazardous Substances and Environmental Management Plans (ITA HSEMPs); Industrial and Trade Activities Emergency Spill Response Plans (ITA ESRPs); and Event Management Plan (EMP). Accidental discovery protocols; Procedures for the cultural induction of construction workers and Event staff; Timing, frequency, location and methods of cultural monitoring procedures and protocols during construction activities to demonstrate achievement of the objective(s) for the ACKEP; Ongoing mana whenua engagement procedures following the completion of construction; and The process by which amendments can be made to the ACKEP. Error! Unknown document property name. Error! Unknown document property name. Error! Unknown document property name. 4 CONDITION STAGE WHO 5E The Consent Holder shall operate in accordance with the ACKEP. All Consent holder and ACE 5F The role of the Forum in terms of this consent shall continue for the duration of the 10-year period of the consent, and until the All Consent requirements of Conditions of 6 to 7C have been complied with. holder Removal of Structures/Reinstatement 6 The buildings for syndicate bases B-G shall be removed no later than six (6) months after any loss of the America’s Cup during the Post-event Consent period ten (10) years following the commencement of consent (Base Removal Works). The purposes of the base removal works holder and are to ensure that base buildings are removed when not required after an America’s Cup Event, that demolition works are managed ACE appropriately and the surface of Hobson Wharf is left in a suitable condition for future use. For the avoidance of doubt, this condition does not prevent a replacement base being constructed under this consent and in accordance with all conditions in the event that the Cup is won again overseas and hosted back in Auckland during the ten year period, and in any event all bases B-G are to be removed by the end of the ten year period. 6A The consent holder shall give at least one (1) month’s written notice to the Team Leader Compliance Monitoring - Central prior to the Post-event Consent commencement of any Base Removal Works, and such notice shall be accompanied by the following details: holder and a) The proposed demolition / removal methodology, including sequence and timing; ACE b) Duration of works and hours of operation; c) Measures to manage environmental effects, including (but not limited to) dust, construction noise, and construction traffic effects; d) For the removal of Bases C-G, drawings detailing the site surface and boundary treatment: and e) For the removal of Base B, drawings detailing the design of the public space and Base B building and yard area of Hobson Wharf, the extent of which is illustrated on Figure 4 of the America’s Cup Wynyard Hobson Building, Yard and Public Open Space Design Requirements in Annexure C, which shall include the following: (i) Make-good and treatment of the wharf surface with a consistent concrete surface similar to that of the Halsey Wharf Extension, suitable for activities permitted by the Auckland Unitary Plan; (ii) Any retention of existing or any proposed services; and Error! Unknown document property name. Error! Unknown document property name. Error! Unknown document property name. 5 CONDITION STAGE WHO f) Any public realm element, for example furniture, lighting and handrails.
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