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Decisions of Hearings Commissioners Appointed by the Bay of Plenty

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Decisions of Hearings Commissioners Appointed by the Bay of Plenty IN THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of applications by Norske Skog Tasman Ltd, Carter Holt Harvey Pulp & Paper Ltd, and Water and Waste Services, for resource consents in relation to the Tasman Mill(s) at Kawerau. Decisions of Hearings Commissioners appointed by the Bay of Plenty Regional Council and Whakatane District Council pursuant to section 34A of the Resource Management Act 1991 Commissioners: David Hill (Chairman) Alan Bickers Councillor Robin Ford Councillor Russell Orr COMMISSIONERS : David Hill (Chairman) Alan Bickers Councillor Robin Ford BOPRC Councillor Russell Orr WDC BOPRC OFFICERS: Aileen Lawrie Rob Donald Yves Denicourt Miriam Robertson Stephen Park Shane Iremonger Dr Bruce Graham Gavin Kemble Jon Williamson WDC OFFICERS: Ann Nicholas Claire Battersby COMMITTEE Martin Cole SECRETARY APPLICANT : Norske Skog Tasman Ltd, Carter Holt Harvey Pulp & Paper Ltd, and Water and Waste Services APPEARANCES: For the Applicant: Paul Majurey Brice Landman Peter Chrisp Mayor Malcolm Campbell John Mahanga Jim Newfield Henare Kapa Tony Johnson Neale Hudson Dr Christopher Hickey Dr Richard Allibone Dr Ian Boothroyd Tracey Freeman Alan Pattle Daryl Irvine Nevil Hegley Frank Boffa Dr Philip Mitchell SUBMITTERS: Harry Lagocki Barry Marshall Alan Fleming NZ Forest and Bird Society Gordon Jackman Green Party of Aotearoa NZ Chris Staite Department of Conservation Dave Cronshaw SCA Hygiene Australasia Catherine Delahunty MP Green Party of Aotearoa NZ Page 2 of 40 Gina Rintoul Tabled Beverley Hughes Te Runanga o Ngati Awa Colleen Skerrett-White Anthony Olsen Ngati Tuwharetoa (BoP) Jonathon Te Rire Tiipene Marr Nga Uri o Ngati Rangitihi Lindsay Marr David Potter (Sec) Te Rangatiratanga o Ngati Rangitihi Inc C Maanu Paul Te Rangatiratanga o Ngati Rangitihi Inc Ian Burt Christine Borlase Short Term Landfill submission Group Tairua Whakaruru Tomairangi Fox Kawerau A8D Block Malibu Hamilton Te Ngaru Roa aa Maui Barry Hall Hogg Rd Residents Bruce Laing SH30 / Mangaone Rd / Hogg Rd Residents Group Reuben Hansen SH30 / Mangaone Rd / Hogg Rd Residents Group Introduction [1] Bay of Plenty Regional Council (“ BOPRC ”) and Whakatane District Council (“ WDC ”) jointly appointed David Hill (Chair) and Alan Bickers to hear and decide the applications alongside Councillor Robin Ford for the BOPRC applications (only) and Councillor Russell Orr for the WDC application (only). [2] To avoid unnecessary artificiality (in that the landfill component of the application requires both regional and territorial authority resource consents which relate directly to the other consents sought) we have issued a common decision text (i.e. this Decision) with separately identified decisions respectively for the BOPRC and WDC applications (refer Schedules 1 and 2). [3] For the record we also note that although this decision is released after the Resource Management (Simplifying and Streamlining) Amendment Act 2009 commenced, as per section 160(3) of that Act, this application has been determined as if the amendments made by that Act had not been made. [4] The joint hearing of the applications was held in Whakatane at the offices of BOPRC on 10 days between the 3 rd and 14 th August 2009. Site visits by the commissioners were undertaken by land on the 2 nd August 2009 and by helicopter on the 11 th August 2009. [5] On the 14 th August the hearing was adjourned to the 25 th August 2009 for the purpose of recalling an applicant witness, Mr Johnson, and receiving statements on matters raised by commissioners, councils’ responses, and the applicant’s reply. The hearing was then further adjourned to the 3 rd September 2009 for the purpose of the commissioners’ deliberating as to whether any further evidence was required. [6] Commissioners met in Tauranga on the 3rd September 2009 and determined to close the hearing. Page 3 of 40 [7] Commissioners make the following decisions. Decision 1 [8] Acting under delegated authority pursuant to section 34A and section 37(1)(b) of the Resource Management Act 1991, the late submission of Te Runanga o Ngati Awa is accepted because the extension of the submission period does not adversely affect any person, nor cause any unreasonable delay, and the applicant agreed. Decision 2 [9] Acting under delegated authority pursuant to section 34A and sections 104, 104B, 104D, 105(1), 107(2) and 108 of the Resource Management Act 1991, the applications made to the Bay of Plenty Regional Council for water and discharge permits are granted , subject to conditions. Decision 3 [10] Acting under delegated authority pursuant to section 34A and sections 104, 104B and 108 of the Resource Management Act 1991, the application made to the Whakatane District Council for land use consent is granted , subject to conditions. The Application [11] In 2000 the previous owner of the Tasman Pulp & Paper Mill, Fletcher Challenge Ltd, sold the mill to the Norwegian company, Norske Skogindustrier, who subsequently on-sold the Kraft pulp mill to Carter Holt Harvey in 2001 while retaining ownership of the newsprint mill. [12] Norske Skog Tasman Ltd (“ NST ”) and Carter Holt Harvey Pulp & Paper Ltd (“ CHH ”) formed Water and Waste Services to jointly manage water supply, wastewater treatment and solid waste disposal on the site. [13] The applications are made in the names of NST, CHH, and Water and Waste Services (an unincorporated joint venture of the two principal applicants). [14] The applications were jointly lodged with both councils on the 27 th April 2009 and publicly notified on the 30 th April 2009. Submissions closed on the 29 th May 2009 – at which time 36 submissions had been received. [15] A late submission, being the Cultural Impact Report from Te Runanga o Ngati Awa, was received on the 7 th July 2009. Neither the applicant, council, nor any other party objected at the Hearing to our accepting that late submission and, as noted in paragraph [8] above, we determined to accept it accordingly. [16] Section 42A RMA hearing reports (“ the Hearing Reports ”) were separately produced by BOPRC and by WDC. [17] The activities for which consents are sought are well described in the AEE, Hearing Reports and in evidence and, for convenience, are not detailed further in this decision. [18] Five BOPRC reports were produced, one each for the following consent applications: (a) Water take (consent number 65720); (b) Wastewater discharge (consent number 65722); (c) Stormwater discharge (consent number 65722); (d) Discharge to air (consent numbers 65721 and 65725); and Page 4 of 40 (e) Discharge to land (consent number 65724). [19] The WDC Hearing Report was produced for the purpose of the North Valley Landfill operation application (consent number 24.2.09.39). [20] The applicant(s) for the respective consents are as follows: (a) Norske Skog Tasman Ltd & Carter Holt Harvey Pulp and Paper Ltd operating as Water and Waste Services, for consent numbers 65720, 65721 and 65722; and (b) Carter Holt Harvey Pulp and Paper Ltd for consent numbers 65724, 65725 and 24.2.09.39. [21] In terms of our decision we have referred to them collectively as “ the applicant ” as a convenience, and not sought to distinguish the parties. We have so distinguished them in the consents granted. [22] The consent duration sought is 35 years for all regional council consents – unlimited for the territorial land use consent – with a 10 year lapse period for the landfill construction and operation consents (consent numbers 65724 and 24.2.09.39). [23] The actual consents sought for the identified activities are as follows: (a) Consent Number 65720 – To take and use up to 170,000 m 3 water per day from the Tarawera River at a maximum rate of taking of 2,600 l/s (30-day moving average not to exceed 155,000m 3), discharge screening system wastewater and operate water intake structures. This discretionary activity consent is required under the following provisions of the RMA, the Regional Water and Land Plan (“ the RWLP ”); and the Regional Plan for the Tarawera River Catchment (“ the RPTRC ”): (i) Under section 13(1)(a) of the RMA, Rule 12.2.5(c) and 12.2.5(d) of the RPTRC, and Rule 71 of the RWLP to place, use, maintain and remove structures in, on, under or over the bed of the Tarawera River; and (ii) Under section 13(1)(b) of the RMA, Rule 12.2.5(e) of the RPTRC, and Rule 71 of the RWLP to disturb the bed of the Tarawera River to maintain and remove intake structures; and (iii) Under section 14(1)(a) of the RMA, Rule 14.4.5(e), 14.4.5(f), and 14.4.5(g) of the RPTRC, and Rule 43 of the RWLP to take and use water from the Tarawera River; and (iv) Under section 15(1)(a) of the RMA, Rule 15.8.4(g), 15.8.4(m), and 15.8.4(n) of the RPTRC, and Rule 37 of the RWLP to discharge water containing sediment, weed and debris to the Tarawera River. The land to which this consent applies is legally described as: • Lot 2 DPS 87801, Lots 1 & 2 DPS 90818, Lot 1 DPS 87786, Lot 1 DPS 84774, Lots 1 & 2 DPS 4706, Lots 3 & 4 DPS 12743, Pt Allot 332 Matata Parish, Allot 838 Matata Parish, Lot 2 DPS 16131, Lots 2, 4 & 5 DPS 27505 and Lots 1 & 2 DPS 85394 (Kawerau District). Page 5 of 40 (b) Consent Number 65721 - To discharge contaminants to air arising from the Tasman Mill wastewater treatment system and solid waste disposal areas. This discretionary activity consent is required under s.15(1)(c) RMA and Rule 19 (z) of the RAP to discharge contaminants to air from any activity that cannot comply with the conditions set out in Permitted Activity Rules 1-17 and which is not a controlled activity or a prohibited activity.
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