Board of Inquiry New Zealand King Salmon Proposal in The
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BOARD OF INQUIRY NEW ZEALAND KING SALMON PROPOSAL IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of a Board of Inquiry appointed under section 149J of the Act to consider plan change requests and resource consent applications made by The New Zealand King Salmon Company Limited __________________________________________________________ STATEMENT OF EVIDENCE OF LINDSAY DAYSH IN RELATION TO RESOURCE MANAGEMENT PLANNING FOR KIWIRAIL LIMITED (UPDATED) __________________________________________________________ __________________________________________________________ Barristers & Solicitors J G A Winchester / H P Harwood Telephone: +64-4-499 4599 Facsimile: +64-64-4-472 6986 Email: [email protected] DX SX11174 P O Box 2402 Wellington Page 1 22570049_1.docx CONTENTS Executive summary......................................................................................................... [3] Introduction...................................................................................................................... [12] Scope of Evidence .......................................................................................................... [19] Background ..................................................................................................................... [27] Resource Management History ...................................................................................... [30] Strategic Documents....................................................................................................... [40] Marlborough Sounds Resource Management Plan........................................................ [47] Relationship With Other Statutes.................................................................................... [68] Interisland Ferry Services as a Matter of National Significance ..................................... [70] New Zealand Transport Strategy .................................................................................... [72] Section 142(3) of the RMA.............................................................................................. [79] New Zealand King Salmon Proposal .............................................................................. [84] Interislander's Submission .............................................................................................. [84] Other Submissions.......................................................................................................... [86] Navigational Issues ......................................................................................................... [87] Reverse Sensitivity.......................................................................................................... [92] Conclusions..................................................................................................................... [95] ATTACHMENTS: 1. Marlborough Sounds Resource Management Plan Map 107 – National Transportation Route. 2. Certificate of Compliance Pursuant to s139 of the Resource Management Act 1991 concerning the lengthened MV Aratere; and Resource Consent for the use of the MV Kaitiaki. Page 2 22570049_1.docx EXECUTIVE SUMMARY 3. Crossing the Cook Strait by ferries and other ships has been a feature of the Marlborough Sounds for a considerable period of time. Interislander's three roll on roll off ferries carry a large percentage of the road and rail freight that moves between the North and South Islands, as well as significant numbers of passengers between Wellington and Picton. 4. I understand though that there is little flexibility in terms of the logistics for loading, unloading and sailing times for each ferry movement. Any delays would cause significant effects. As such the Interislander relies on a policy framework and rules which enable it to continue its current level of services. 5. The importance of interisland ferries is recognised both in strategic documents and in decisions of the Environment Court. Ferries are also recognised in the Marlborough Sounds Resource Management Plan (MSRMP) as being very important to Marlborough and New Zealand’s economic wellbeing. 6. Ferries in the Marlborough Sounds have been the subject of debate and some litigation since the mid 1990’s. The majority of this litigation was around ferry wash and the wider implications ferry wash has on the environment in Queen Charlotte Sound and Tory Channel. This debate has been resolved by the Environment Court endorsing a variation to the MSRMP that allows the continued use of larger vessels within certain speed constraints in the National Transportation Route. This variation is part of the planning framework. 7. I have assessed the operation of interisland ferries as being of national significance. I consider this assessment to be uncontroversial because interisland ferries are the primary link for rail freight, road freight and ferry passengers between the North and the South Island. Additionally, ferries make a significant contribution to Marlborough's economy. 8. Part of New Zealand King Salmon's (NZ King Salmon) proposal is relatively close to the National Transportation Route (NTR) at the western entrance to Tory Channel from Queen Charlotte Sound and in Tory Page 3 22570049_1.docx Channel itself. Navigation evidence received from a Master on the Interislander is that the ferries could continue to operate safely without additional restrictions or additional safety concerns, if these salmon farms are granted consent. 9. The Interislander made a neutral submission but was supportive of proposals for economic development in the Marlborough Sounds. As a result of submissions that raised navigational safety matters, I agree that Interislander is correct to be concerned about reverse sensitivity effects, if any additional restrictions were to be imposed that may affect its operations. 10. In relation to the purpose of the Resource Management Act 1991 (RMA) in Part 2 of that Act I consider that interisland ferry operations are a physical resource which should be sustained for the wider social and economic wellbeing of New Zealand. This needs to be reconciled against the requirement to avoid, remedy or mitigate adverse effects, but the effects on the environment of ferry operations have recently been considered by the Environment Court. 11. While there are a number of other issues to be considered by the Board where the whole of Part 2 will be considered, navigation matters form a discrete part of that consideration. It will, in my view, be important that the submissions relating to any navigation safety issues on the NTR as a result of the proposal are resolved without compromising existing ferry operations. INTRODUCTION Qualifications and Experience 12. My name is Lindsay John Daysh. I hold a Bachelor of Regional Planning from Massey University and a graduate qualification in Transport Systems Engineering from the University of South Australia. I am a member of the New Zealand Planning Institute and the Resource Management Law Association. 13. I have some 25 years experience in town planning and resource management in New Zealand and in Britain. This includes extensive Page 4 22570049_1.docx experience in central government agencies, local authorities and since 2004 as a consultant carrying out a broad range of planning matters including strategic planning, policy development, project development and development control. I am also an independent commissioner and was a member of the Rugby World Cup Authority in 2010-11. 14. My current position is Principal Consultant for Incite Limited, a resource management and environmental consultancy based in Wellington. 15. Prior to my move to Incite in November 2010 I was New Zealand Planning Manager with GHD Limited, where I held national responsibility for all planning matters. Preceding this I was Regional Planning Manager at Transit New Zealand for Wellington/Nelson/Marlborough/Tasman, had two periods of employment at Wellington City Council, worked for the London Borough of Hillingdon and the former Ministry of Works and Development. 16. I am very familiar with Marlborough having been involved in a number of planning and transport planning tasks in the region since 1999. Most of my recent work in the region has been focused upon the Wairau Plains, where I was the team leader and Principal Planner for the Blenheim and Wairau Plains Transport Study in 2009. However I have also maintained a broad interest in many issues affecting the region and the Marlborough Sounds, particularly in transport matters. At a strategic level I have also contributed to previous Marlborough Regional Land Transport Strategies under the Land Transport Management Act 2003. 17. The majority of my recent work has been in relation to strategic transport planning at regional level in a number of locations nationally as well as RMA processes for development of transportation projects including a number of roads of national significance projects. Examples of some of my recent work are listed below. (a) I was the primary author of the Plan Change concerning Transmission Gully that was considered by a Board of Inquiry; (b) I am the planning manager for stage 2 of the Christchurch Southern Motorway; and (c) I am a planning adviser for the NZTA’s Wellington Northern Roads of national significance projects. Page 5 22570049_1.docx Code of Conduct 18. I confirm that I have read the Code of Conduct for expert witnesses contained in the Environment Court of New Zealand Practice