NOTICE OF A REQUIREMENT BY WATERCARE SERVICES LIMITED FOR A DESIGNATION UNDER SECTION 168 OF THE RESOURCE MANAGEMENT ACT 1991

TO: Council Private Bag 92300 AUCKLAND 1142

FROM: Watercare Services Limited Private Bag 92 521 Wellesley Street AUCKLAND 1141

WATERCARE SERVICES LIMITED (“Watercare”) gives notice of a requirement for a designation of land for wastewater purposes.

1. THE SITE TO WHICH THE REQUIREMENT APPLIES IS AS FOLLOWS:

The Requirement applies to land owned by , Madills Farm Reserve, , which is legally described as Lot 1 DP 204517.

The extent of the proposed designation is shown on Map 1 included as Attachment 1 of this Notice.

Watercare requires that the designation be included on the relevant planning maps and schedules in the Auckland Council District Plan (Isthmus Section) and any subsequent proposed District or Unitary Plan applying to the land subject to the designation.

2. THE NATURE OF THE PROPOSED WORK IS AS FOLLOWS:

Watercare is the bulk and retail water and wastewater service provider for Auckland. Watercare was approved as a requiring authority by notice in the Gazette No. 69 on 21 June 2012. A copy of the relevant Gazette notice is included as Attachment 2.

Watercare intends to provide additional wastewater storage at the Kohimarama pump station by constructing a new wastewater storage tank and associated pipework at Madills Farm Reserve in Kohimarama, Auckland. Construction of the proposed storage tank will significantly decrease the frequency of wastewater overflows within the Kohimarama catchment and will provide additional capacity within the wastewater network to service current and future planned growth.

The Requirement applies to land partially subject to Watercare’s existing designation reference C14-03 (wastewater purposes – pump station) in the Auckland Council District Plan (Isthmus Section). Designation C14-03 covers the existing Kohimarama pump station and associated facilities. The proposed storage tank location is not within the existing designation.

Watercare proposes to designate the land occupied by the existing Kohimarama pump station, odour bed, proposed storage tank and associated reticulation. The new designation will provide for the on-going operation and maintenance of the existing pump station and associated facilities and for the construction, operation and maintenance of the proposed storage tank and associated reticulation. Once the proposed designation is confirmed, the existing designation will no longer be required and could be removed by Watercare under section 182 of the RMA. 3. THE NATURE OF THE PROPOSED RESTRICTIONS THAT WOULD APPLY ARE AS FOLLOWS:

The requirements of Section 9(4) and 176(1) (b) of the Resource Management Act 1991 (RMA) will apply. That is, no person may, without the prior written consent of Watercare, do anything in relation to the land that is subject to the designation that would prevent or hinder the work authorised by the designation.

This Notice of Requirement also includes proposed conditions that will apply to Watercare when undertaking works authorised by the designation. The proposed conditions are included as Attachment 3.

4. THE EFFECTS THAT THE PROPOSED WORK WILL HAVE ON THE ENVIRONMENT AND THE WAYS IN WHICH ANY ADVERSE EFFECTS WILL BE MITIGATED ARE:

An assessment of the potential effects and a summary of the proposed measures to avoid, remedy or mitigate any potential adverse effects are set out in the accompanying report titled “Assessment of Effects on the Environment, Kohimarama Wastewater Storage Tank and Branch Sewer Upgrade, July 2013” (“the AEE”).

The assessment concludes that any potential adverse effects arising from the construction, operation and maintenance of the wastewater storage tank and associated network can be (through the adoption of the proposed conditions of consent) avoided, remedied or mitigated to be less than minor.

Proposed conditions to avoid, remedy or mitigate any potential adverse effects are set out in Attachment 3 of this Notice.

5. ALTERNATIVE ROUTES AND METHODS HAVE BEEN CONSIDERED TO THE FOLLOWING EXTENT:

The work to be authorised by the proposed designation is the construction of a storage tank and associated reticulation and the on-going operation and maintenance of the proposed storage tank, existing pump station and associated facilities.

An assessment of alternatives was carried out as part of Watercare’s infrastructure planning phase. The assessment considered storage tanks of differing sizes and locations. The tank size proposed is considered optimal to significantly reduce the frequency of wastewater overflows to Madills stream, and provide sufficient capacity within the wastewater network to cater for current and future growth (maximum probable development). An evaluation of the alternatives considered is provided in section 5 of the accompanying AEE.

6. THE PROPOSED WORK AND DESIGNATION ARE REASONABLY NECESSARY FOR ACHIEVING THE OBJECTIVES OF THE REQUIRING AUTHORITY BECAUSE:

Watercare’s statutory objective (obligation) under the Local Government (Auckland Council) Act 2009 is (amongst other things) to:

“Manage its operations efficiently with a view to keeping the overall costs of water supply and wastewater service to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets.”

The proposed work and designation are reasonably necessary for achieving this objective because they: a. will enable Watercare to provide wastewater services that are economically viable, environmentally sound, socially responsible and responsive to customer needs.

b. are the most effective and efficient way in which to meet the objective set out above.

c. allow additional wastewater network capacity to be provided within the network for growth and development across the Auckland Isthmus.

d. will significantly reduce wastewater overflows into Madills Stream and Kohimarama Beach, improving public health and environmental conditions.

e. will enable Watercare to comply with the statutory purpose of the Resource Management Act 1991 to promote the sustainable management of natural and physical resources.

f. allow Watercare and / or its authorised agents to undertake works in accordance with the designation.

g. will enable the construction, operation and maintenance of the proposed storage tank and on-going operation and maintenance of the Kohimarama pump station to be undertaken in a comprehensive and integrated manner.

h. allow for the protection of the site from future incompatible development which may preclude or put at risk the construction and / or operation of the works.

7. THE FOLLOWING RESOURCE CONSENTS ARE NEEDED FOR THE PROPOSED ACTIVITY AND HAVE BEEN APPLIED FOR:

Watercare has applied for the following resource consents as part of the proposed works (refer section 2 of the accompanying AEE)

 Resource consent application for earthworks under the Auckland Council Regional Plan: Sediment Control (2001); and  Resource consent application for earthworks and network utility services within the road reserve under the dripline of trees under the Auckland Council District Plan: Isthmus Section (1999).

8. THE FOLLOWING CONSULTATION HAS BEEN UNDERTAKEN WITH PARTIES THAT ARE LIKELY TO BE AFFECTED:

Watercare has consulted with: several groups and individuals considered to have a particular interest in the project and its effects on the environment:

 Auckland Council Parks

 Auckland Council Event Facilitators Central

 Local Board

 Ngti Whtua o rkei

 Round the Bays Event Organiser

 Eastern Suburbs Football Club

 Auckland University Cricket Club

Ph: 09 539 7477 Fax: 09 539 7400 Email: [email protected]

ATTACHMENTS

1: Designation Plan

2: Gazette Notice Approving Watercare as a Requiring Authority

3: Proposed Designation Conditions ATTACHMENT 1 DESIGNATION PLAN Lot 2 Lot 1 Lot 1 DP 160865 DP 160865 DP 322277 Lot 2 KEY DP 322277 PROPOSED DESIGNATION OF Lot 154 LAND FOR WASTEWATER PURPOSES DP 36462 Lot 2 Lot 1 DP 179002 DP 179002

Lot 34 DP 40821 Lot 2 Lot 1 DP 197864 DP 197864 Lot 1 DP 194933

Lot 2 Lot 1 DP 353410 DP 353410 Lot 1 DP 204517

Lot 39 Lot 75 DP 40821 DP 43408

Lot 40 DP 40821

Lot 2 Lot 49 DP 426051 DP 56230 Lot 41 DP 40821 Lot 48 DP 56230

Lot 42 DP 40821 Lot 1 Lot 47 DP 426051 DP 56230 Lot 43 DP 40821 Lot 1 Lot 44 DP 337784 Lot 46 Lot 49 DP 40821 Lot 1 Lot 2 DP 56230 DP 40821 Lot 2 DP 354040 DP 114844 Lot 1 Lot 45 DP 114844 Lot 54 DP 354040 Lot 1 DP 40821 Lot 2 DP 40821 Lot 45 Lot 1 DP 195240 Lot 56 DP 193907 DP 337784 DP 40821 DP 56230

SCALE: 1:1,000 @A4 DATE: 24 June 2013 WATERCARE SERVICES LIMITED CREATED BY: MCUEVAS MODIFIED BY: MPATEL1 o MAP NO: PR12079_08 0102030 DISCLAIMER PROPOSED DESIGNATION OF LAND FOR WASTEWATER PURPOSES Watercare accepts no responsibility for the accuracy of these PROPOSED DESIGNATION OF LAND FOR WASTEWATER PURPOSES service records. If requested by Watercare the exact position of services must be verified by carrying out a site investigation Metres prior to commencement of any works.

You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) ATTACHMENT 2 GAZETTE NOTICE APPROVING WATERCARE AS A REQUIRING AUTHORITY 1968 NEW ZEALAND GAZETTE, No. 69 21 JUNE 2012

(b) Resource Management (Approval of Watercare Environment Services Limited as Requiring Authority) Notice 1993 (New Zealand Gazette, 5 August 1993, No. 119, page 2286). Resource Management Act 1991 (c) Resource Management (Approval of Watercare Services Limited as Requiring Authority) Notice 1994 (New Zealand Gazette, 7 April 1994, No. 31, The Resource Management (Approval of page 1278). Watercare Services Limited as a Requiring (d) Resource Management (Approval of Watercare Authority) Notice 2012 Services Limited as Requiring Authority) Notice Pursuant to section 167 of the Resource Management Act (No. 2) 1994 (New Zealand Gazette, 7 April 1994, 1991, the Minister for the Environment hereby gives the No. 31, page 1278). following notice. (e) Resource Management (Approval of Watercare Services Limited as Requiring Authority) Notice N o t i c e 1996 (New Zealand Gazette, 15 February 1996, 1. Title and commencement—(1) This notice may be No. 13 page 450). cited as the Resource Management (Approval of Watercare (f) Resource Management (Approval of Watercare Services Limited as Requiring Authority) Notice 2012. Services Limited as Requiring Authority) Notice (2) This notice shall come into force on 1 July 2012. 1996 (New Zealand Gazette, 26 April 1996, No. 39 page 1120). 2. Approval as a requiring authority—Watercare Service Limited is hereby approved as a requiring authority, under (g) Resource Management (Approval of Watercare section 167 of the Resource Management Act 1991, for its Services Limited as Requiring Authority) Notice network utility operations of: 1999 (New Zealand Gazette, 22 July 1999, No. 85 page 2005). (a) undertaking the distribution of water for supply; and (h) Resource Management (Approval of Metro Water (b) undertaking a drainage and sewerage system; Limited as Requiring Authority) Notice (No. 1) 1998 including the operation, maintenance, replacement, upgrading (New Zealand Gazette, 20 August 1998, No. 120 page and improvement of infrastructure related to these operations, 2899). in the and in the Waikato Region, for the (i) Resource Management (Approval of Metro Water purposes of providing services to Auckland. Limited as Requiring Authority) Notice (No. 2) 1998 3. Interpretation—This approval includes infrastructure (New Zealand Gazette, 20 August 1998, No. 120 page relating to the abstraction, storage, supply and treatment 2899). of water and the collection, treatment and disposal of (j) Resource Management (Approval of Manukau wastewater. Water Limited as Requiring Authority) Notice 2006 (New Zealand Gazette, 22 June 2006, No.63, page 4. Revocations—This notice revokes the following: 1504). (a) Resource Management (Approval of Watercare Dated at Wellington this 11th day of June 2012. Services Limited as Requiring Authority) Order 1992 (SR 1992/351) (New Zealand Gazette, 10 December HON AMY ADAMS, Minister for the Environment. 1992, No. 201, page 4459). go3709

Health

Health Practitioners Competence Assurance Act 2003 Health Practitioners Competence Assurance (Election of Members of Medical Council of New Zealand) Regulations 2009

Reappointments/appointment to the Medical Council of New Zealand Pursuant to section 120 of the Health Practitioners Competence Assurance Act 2003, and the Health Practitioners Competence Assurance (Election of Members of Medical Council of New Zealand) Regulations 2009, the Minister of Health reappoints Dr Richard Acland Dr Jonathan Fox Dr Richard Sainsbury and appoints Dr Peter Robinson as health practitioner members (as elected by the medical profession) to the Medical Council of New Zealand for three-year terms of office commencing on 25 June 2012. Dated at Wellington this 13th day of June 2012. HON TONY RYALL, Minister of Health. go3799 ATTACHMENT 3 PROPOSED DESIGNATION CONDITIONS

General Conditions

1. Except as modified by the conditions below and subject to final design, the works shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement dated July 2013 and supporting report titled “Assessment of Effects on the Environment – Kohimarama Wastewater Storage Tank and Branch Sewer Upgrade”, dated July 2013.

Construction Noise

2. A Construction Noise & Vibration Management Plan (CNVMP) shall be prepared, implemented and maintained throughout the entire construction period of the Project. 3. The CNVMP shall, as a minimum, address the following: a) Describe the measures adopted to, as far as practicable, meet I. the noise criteria set out in Condition 5 below; and II. the vibration criteria set out in German Standard DIN 4150-3:1999 “Structural Vibration – Part 3: Effects of vibration on structures” b) Construction noise and vibration criteria; c) Hours of operation, including times and days when noisy construction and vibration work would occur; d) Communication and consultation protocols; e) A description of noise sources, including machinery and equipment to be used; f) Vibration testing of equipment to confirm safe distances to buildings prior to construction; g) Preparation of building condition surveys of critical dwellings prior to, during and after completion of construction works; h) Roles and responsibilities of personnel on site; i) Construction operator training procedures; j) Methods for monitoring and reporting on construction noise and vibration; k) Mitigation options, including development of alternative strategies where full compliance with NZS6809:1999 and DIN4150-3:1999 cannot be achieved; l) Management schedules containing site specific information; and m) Methods for receiving and responding to complaints about construction noise and vibration. 3. Construction noise shall be measured and assessed in accordance with NZS 6803:1999 "Acoustics - Construction Noise" and shall, as far as practicable, comply with the following criteria:

Project Construction Noise Criteria: Residential Receivers

Time of Week Noise Limit (dBA)

Leq Lmax

0630 – 0730 55 75

0730 – 1800 70 85 Weekdays 1800 - 2000 65 80

2000 - 0630 45 75

0630 – 0730 45 75

0730 – 1800 70 85 Saturdays 1800 - 2000 45 75

2000 - 0630 45 75

4. Construction vibration shall be measured and assessed in accordance with German Standard DIN 4150-3:1999 "Structural Vibration - Part 3: Effects of vibration on structures".

Guideline values for velocity, vi, in mm/s of Type of structure vibration in horizontal plane of highest floor, at all frequencies

Dwellings and buildings of similar design 5 and/or occupancy

Buildings sensitive to vibration e.g. Heritage 2.5 listed

Operational Noise 5. The noise arising from any operational activities undertaken on the designated land, shall generally not exceed the following noise limits when measured at or within the boundary of any site zoned Residential as follows:

Time period Noise limit

0700 – 2200 hours 50 dB LAeq

40 dB LAeq 2200 – 0700 hours 75 dB LAmax

Archaeology and Heritage

6. If any archaeological sites, including human remains are exposed during site works then the following procedures shall apply: a. Immediately after it becomes apparent that an archaeological or traditional site has been exposed, all site works in the immediate vicinity shall cease; b. The Requiring Authority shall immediately secure the area so that any artefacts or remains are untouched; and c. The Requiring Authority shall notify the New Zealand Historic Places Trust, tangata whenua and the Auckland Council (and in the case of human remains, the New Zealand Police) as soon as practicable that an archaeological site has been exposed so that appropriate action can be taken. Works shall not recommence in the immediate vicinity of the archaeological site until any approval required from the New Zealand Historic Places Trust has been obtained.

Lapsing of designation

7. The designation shall lapse on the expiry of a period of 10 years after the date it is included in the District Plan in accordance with section 184(1)(c) of the RMA, unless: a. It is given effect to before the end of that period; or b. The Council determines, on an application made within 3 months before the expiry of that period, that substantial progress or effort has been made towards giving effect to the designation and is continuing to be made, and fixes a longer period for the purposes of this subsection.