BEFORE THE ENVIRONMENT COURT AT

ENV No.

IN THE MATTER of the Resource Management Act 1991 (RMA)

AND

IN THE MATTER of an appeal under section 174 of the RMA

BETWEEN AUCKLAND TRANSPORT

Appellant

AND AUCKLAND INTERNATIONAL AIRPORT LIMITED

Requiring Authority AND

Territorial Authority

NOTICE OF APPEAL BY AUCKLAND TRANSPORT

TO: The Registrar Environment Court Auckland

Introduction

1. Auckland Transport (AT) appeals against parts of the decision by Auckland International Airport Limited (AIAL) on a notice of requirement to alter existing designations 1100 and 1102 which apply to the Airport Precinct and authorise the construction and operation of a second runway. AIAL's decision on the notice of requirement enables the construction and operation of a longer, realigned second runway than provided for in the existing designations.

2. AT made a submission on the notice of requirement and received notice of the decision on 14 February 2019.

3. The decision was made by AIAL.

Page 1 4. AT is the Road Controlling Authority for the Auckland region under the Local Government (Auckland Council) Act 2009.

5. AT is not a trade competitor for the purposes of section 308D of the RMA.

6. The site or place to which the requirement applies is Auckland International Airport at George Bolt Memorial Drive, Mangere.

The decision being appealed

7. AT appeals against AIAL's decision to accept in part Auckland Council's Independent Commissioners' recommendation in relation to the alteration of existing Designation 1100 be confirmed exceptfor identified conditionsthat AIAL either accepted in part or rejected on the notice of requirement.

8. In particular, AT's appeal is against AIAL's failure in its decision to ensure the following:

8. 1 That the reconfigured transport network within the Airport Precinct enabled by the notice of requirement:

(a) hlas sufficient capacity to accommodate increased traffic likely to arise because of the construction and operation of a longer realigned second runway;

(b) Integrates with, and connects to the transport network adjacent to the Airport Precinct for all transport modes both during and post construction of the second runway;

(c) Deals appropriately with critical transportation infrastructure requirements (including public transport, walking, cycling, road capacity and integration) intended to improve access to and from the Airport;

(d) Enables, and does not hinder mass rapid transit (MRT) to the Airport.

Page 2 8.2 That the effects of construction of the second runway on existing roads are appropriately mitigated.

9. AT does not consider that the matters outlined in paragraph 8 above are adequatelyaddressed in the decision, including by the recommended conditions that have been accepted, accepted in part or rejected by AIAL in its decision. In particular (but not limited to):

9. 1 The hlearings Commissioners recommended an amendment to condition 14 to prevent new transport infrastructure (including MRT) locating within the Coastal Protection Yard and therefore compromising MRT to the Airport. The Decision records AIAL's intention to locate such infrastructure within the Coastal Protection Yard. That intention, along with the proposal, risks compromising MRT to the Airport;

9.2 Condition 29A in the Decision requires a realigned George Bolt Memorial Drive to be "sufficient to accommodate" a MRT corridor from the north. As worded, condition 29A compromises the provision of MRT to the Airport;

9. 3 The Hearings Commissioners recommended a new condition 29B to achieve the purpose of maintaining road, pedestrian, cycle, and MRT accessto and from the Airport during construction works. In the decision, AIAL modified Condition 29B in part, leaving a gap in the management of transport effects during construction works for the second runway

The reasons for the appeal

10. The reasons for this appeal are as follows:

10.1 The existing transport network in and around the Airport Precinct is already operating with significant congestion and therefore does not have any spare capacity to accommodate additional traffic volumes. The proposal will increase transport demand and cause adverse impacts on the transport network in and around the Airport Precinct. AIAL's decision failsto appropriatelyaddress this increaseddemand whichwill require a significant mode shift.

10. 2 The failure ofAIAL to include conditions that ensure:

Page 3 (a) The Transport connections between the Airport Precinct and the adjacent transport network (to the north and east) are integrated and that the same level of capacity and connectivity (as a minimum) as the existing transport network is maintained;

(b) An integrated transport network is enabled within the Airport Precinct, to be connected to the external network at the Precinct boundary;

(c) That MRT options will be enabled and not hindered by the reconfigured network within the Airport Precinct;

(d) That potential damage to existing roads during construction of the second runway is mitigated.

10.3 AT sought conditions at the hearing to address the issues outlined above. AT's conditions are attached to this notice (Attachment A). AT considers that conditions the same or similar to those it proposed at the hearing are needed to appropriately mitigate potential adverse effects from the proposal. Without such conditions, AT considers that AIAL's decision:

(a) Fails to ensure that any potential adverse effects of the proposal enabled by the notice of requirement will be appropriately avoided, remedied or mitigated;

(b) Is inconsistent with the purpose and principles and relevant provisions of the RMA; and

(c) Does not represent good resource management practice.

The relief sought

11. AT seeks the following relief (or relief to like effect):

11.1 Thatthe NOR is modified and new conditions imposed that are the same or similar to those in Attachment A to this notice;

Page 4 11.2 Any other amendments (including additions and deletions) to the conditions necessary to address AT's concerns as set out in AT's submission and this appeal.

The documents attached to this notice

12. AT attaches the following documents to this notice:

(a) AT's proposed transport conditions (Attachment A);

(b) A copy of AT's submission on the notice of requirement (Attachment B);

(c) A copy of the decision (Attachment C); and

(d) A list of names and addresses of persons to be served with a copy of this notice (Attachment D).

DATED at Auckland on this 7th day of March 201 9

M McCullough Counsel for Auckland Transport

Address for service of Auckland Transport:

Private Bag 92250

Auckland 1142 Attention: Margaret McCullough

Telephone: 0921517142 Facsimile: 09 355 3550 Email: Mar aret. mccullou h at. ovt. nz

Advice to recipients of copy of notice How to become party to proceedings You may be a party to the appeal if-

(a) within 15 working days after the period for lodging a notice of appeal ends, you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and Auckland Transport; and

Page 5 (b) within 20 working days afterthe period for lodging a notice of appeal ends, you serve copies of your notice on all other parties.

Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 11A of the Resource Management Act 1991.

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing requirements (see Form 38).

How to obtain copies of documents relating to appeal The copy of this notice served on you does not attach a copy of the relevant decision. This document may be obtained, on request, from the requiring authority

Advice If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch.

Page 6 II II

Key AIAL proposed conditions as attached to legal submissions

Trans ort A enc /Auckland Trans ort amendments

Construction Traffic

28. Prior to commencing the construction of the Northern Runway, AIAL shall prepare and submit a Construction TrafficManagement Plan (CTMP) for approval by Auckland Council. The CTMP is to be implemented as approved and shall ensure heavyconstruction vehicles operating in connection with the construction of the Northern Runway are prohibited from using Westney Road and passing through OruarangiVillage. The CTMP shall consider the safet and efficienc of alt travel modes. The CTMP shall include evidence of consultation AIAL shall consult with Auckland Transport and the Transport Agency in relation to the CTMP and include evidence of that consultation in the CTMP

Dama e to existin roads durin construction

28A. Prior to the commencement of construction of the Northern Runwa AIAL shall rovide Auckland Council for a roval a document settin out a rocess in consultation with Auckland Trans ort and the NZ Trans ort A enc for identif in monitorin and rectif in dama e caused b heav construction vehicles at construction access oints and on Ihumatao Road. Auckland International Air ort Limited sha!l identif monitor and rectif dama e in accordance with the & roved rocess throu hout construction.

Trans ort

Trans ort Plan

28B. At least six months before the commencement of construction of the Northern Runwa AIAL shall submit a Trans ort Plan to Auckland Councii for written a roval. AIAL shall im lement the a roved Trans ort Plan ac all times. The Trans ort Plan shall be su orted b a trans ort assessment re ared b a suitabl ualified erson which demonstrates that the ur ose in Condition 28C and the ob'ectives in Condition 28D are met.

28C. The ur ose of the Trans art Plan is to ensure that the trans ort network in and around the Auckland Air ort Precinct is a ro riatel inte rated mana ed and rovided for.

26D. The Transort Plan and su ortin trans art assessment shall include the desi n of the new and reconfi ured trans art network within the Auckland Air ort Precinct which demonstrates corn liance with the followin obectives:

The trans ort connections between the Air ort Precinct and the acacent trans ort network to the north and east are inte rated and rovide for at least the same level of ca acit and functionalit as atJul 2018-and

Retains at least the same level of connectivit betweeii Puhinui Road SH20B and Geor e Bolt Memorial Drive SH20A &s at Jul 2018 such that the connection does not divert traffic awa from the Auckland Air ort Precinct onto SH20- and

c. [^ass ra id transit corridors are rovided and rotected in accordance with Condition 28F- and

d. AIAL desi ns and constructs an inte rated walkin and c din network within the Auckland Air ort Precinct. Such network shall be connected to the existin and ro osed external walkin and c din network at the boundar of the Precinct.

28E. AIAL shall consult with the New Zealand Trans ort A enc and Auckland Trans ort durin the re aration of the Trans crt Plan. AIAL shall rovide all feedback received durin consultation with the New Zealand Trans ort Aenc and Auckland Trans ort and a re ort which addresses each of the matters raised in that feedback to Auckland Council when the Trans ort Plan is submitted for a roval. The re crt shall include an ex lanation of where and wh an feedback from the New Zealana Trans ort A enc and Auckland Trans ort has not been incor orated into the Trans ort Plan.

Mass ra id transit corridors

28F. AIAL shall rovide and rotect mass ra id transit corridors meanin dedicated land corridors within which mass ra id transit will be located within the Auckland Air crt Precinct. The corridors shall connect as a minimum:

a. A oint in the vicinit of SH20A on the northern boundar of the Auckland Air crt Precinct to connect to the future Cit Centre to Man ere mass ra id transit route . and

b. A oint in the vicinit of Puhinui Road / SH20B on the eastern boundar of the Auckland Air crt Precinct to connect to the future Botan to Air ort mass ra id transit route

with all terminals and the Auckland Air ort business recinct,

't~he mass ra id transit corridors shall be set back a minimum of 20 metres from Mean Hi h Water S rin s and shall be no less than 30m wide to enable a sufficient envelo e for the construction and o eration of mass ra id transit. Note: 'Mass ra id transit'means ublicirans ortca ableofmovin a lar e number of eo Ie for exam Ie li hi rail and/or dedicated bus routes. Common characteristics ofra id transit include fre uent services fast loadin and unloadin ca abilit and iar el dedicated or exclusive ri ht- of-wa routes.

29. AIAL shall design, construct and have operational an alternate road access to the Precinct from the North prior to the realignment or severance of George Bolt Memorial Drive as a result of the construction of the Northern Runway. AIAL must ensure that the alternate access retains two general traffic lanes in both directions (as a minimum) and is sufficient to accommodate mess ra id transit from the North and an integrated walking and cycling network. The interface between tho alternative access and public road must-beAIALshall designed and constructed the alternate Northern access in collaboration with the New Zealand Transport Agency and Auckland Transport. _Auck(and Transport A» AwlffwKSCoun^l QiganisaOon

20 Viaduct HarbourAvenue, Auckland CentraI, Auckland 1010 Private Bag92250, Auckland 1142, NewZealand Ph 09 355 3553 Fax 09 355 3550

15 March 2018

Attention: John Duguid Plans and Places Auckland Council, Private Bag 92300 Auckland 1142

Email: Unita lan aucklandcouncil. ovt. nz

Re: Auckland Unitary Plan (Operative in Part): Notice of Requirement Alteration 7: Proposed Northern Runway for Auckland International Airport

Please find attached Auckland Transport's submission on Notice of Requirement Alteration 7 (NoR7) to the AucklandUnitary Plan (Operative in Part) byAuckland InternationalAirport Limited (the requiring authority).

Ifyou have any queries in relation to this submission, please contact Evan Keating, Principal Transport Planner, on 09 447 5081.

Yours sincerely

nt ia Gillespie Ch Strategy Officer, Strategy Division

Enc:Auckland Transport's submission on NoR7 - Auckland InternationalAirport Ltd

ec: Auckland International Airport Limited PO BOX73020 Auckland 2150 Via email: secondrunwa aucklandair ort. co. nz SUBMISSION ON PROPOSED NOTICE OF REQUIREMENT ALTERATION 7 - AUCKLAND INTERNATIONALAIRPORT

To: Auckland Council Plans and Places Private Bag 92300 Auckland 1142

Attention: John Duguid

From: Auckland Transport Strategy Division Private Bag92250 Auckland 1142

1, This is AucklandTransport's (AT's) submissionon Notice of Requirement Alteration 7 (NoR7) by Auckland International Airport Limited (AIAL, the requiring authority) to the Auckland Unitary Plan Operative in Part (AUPOP). NoR7 seeks to alter the length and location of a proposed second runway and to update relevant specifications relating to obstacle limitation, runway protection and ground light restrictions.

2. Auckland Transport's submission is: AT supports NoR7 provided that the NoR is modified and conditions imposed to ensure that any adverse effects on the local road network are avoided, remedied or mitigated.

3. The reason for Auckland Transport's submission is: AT isa Council-Controlled Organisation(CCO) of Auckland Councilwith the legislated purpose to contribute to an "effective, efficient and safe Auckland land transport system in the public interest"1- In fulfilling this role, AT is responsible for the planning and funding of public transport; operating the local reading network; and developing and enhancing the local road, public transport, walking and cycling network.

AT is currently engaged with the requiring authority and the New Zealand Transport Agency in a strategic partnership which is investigating, among other things, transport system improvements to accessAuckland Airport as part of a 'one network' approach. This includes developing several businesscases around transport interventions and systems improvements to enable improved accessto and from Auckland Airport.

The respective organisations' Chief Executives lead the partnership, which recognises the highly inter-dependant nature of the transport network and Auckland Airport. The parties have made a commitment to work together to enable a co-ordinated approach to infrastructure.

' Local Government (Auckland Council) Act 2009, section 39. AT is making this submission to ensure that any adverse effects from the proposal on the transport system are avoided, remedied or mitigated. To that end, the requiring authority should provide sufficient information in order for AT to appropriately understand and assess the changesto the designation and the consequential effects on the transport system. This includes ensuring that the NoR accommodates and enables future transport system improvements to accessthe airport such as Mass RapidTransit (MRT).

Provision of this information will inform the need for conditions or other changes to the NoR whichAT will be in a position to adviseon once the information is received.

4. Detailed transport queries and comments

Overall Proposal Notices of Requirement should include information to understand and assessthe transport effects of the proposal. This is normally in the form of an Integrated Transport Assessment (ITA). Such assessments identify how the proposal will appropriately manage any adverse effects on the transport system, including identifying what infrastructure and services are necessaryto service the implementation of the proposal.

AT acknowledges the correspondence between the requiring authority and Auckland Council in relation to transport matters and the scope of existing designations and regional consents, which permit a range of works and activities (including a northern runway) at Auckland Airport. The information provided to date, however, is not sufficient to provide an understandingof the transport effects. Until suchinformation is provided it is not possiblefor the transport effects of the proposal to be understood nor assessed.

Construction Traffic An Outline Plan of Works is required (Designation 1100 Condition 3) to precede construction of the proposed northern runway. It is anticipated that Auckland Council would consider construction traffic management (and its effects on the transport network) as part of this process.

In order to ensure construction traffic effects are appropriately managed, a requirement to provide a Construction Traffic Management Plan (CTMP) is recommended for inclusion as a condition of anyapproval granted. The CTMP should be in accordancewith the latestversion of AT's 'Code of Practicefor Temporary Traffic Management'.

A particular concern n for AT is the use of local roads to carry fill to build the runway. This volume of heavy vehicle traffic hasthe potential to significantly damage local roads. The CTMP should also address the issue of damage and extra wear and tear to local roads due to the increased heavyvehicle traffic such a proposal maygenerate. Conditionsto addressthis have been included on other NoR's and AT can provide an example condition. Integration with wider projects As noted above, the transport agencies and AIAL are working in partnership to identify the wider transport needs for the airport and surrounding area. One of the outcomes of this is increased publictransport provision to the airport such as MRT.The requiringauthority should demonstrate how this proposal integrates with other related projects (including re-aligning roads or those covered in the joint business cases) and alter the NoR if required based on the further information requested in this submission.

5. Auckland Transport seeks the following relief:

Additional information is provided on the following: a. Sufficient information to understand and assess the potential transport effects of the proposal; in particular: . An Integrated Transport Assessment or equivalent to address point (a) above; and . An analysis on how the proposal affects and/or enables the deliverability of transport projects being planned by AT in the area, including MRT.

b. A comparative analysis of travel pattern change (including traffic volumes) for the proposed northern runway (both in its own right as currently designated and in conjunction with the proposed northern runway in NoR7). This should form part of the ITA in point (a) above.

That anyAlteration to Designationgranted includes the following:

a. Conditionsto avoid, remedy or mitigate the adverse construction transport effects of the proposal, including damageto roadsfrom heavyvehicle construction traffic;

b. Conditionsto avoid, remedy or mitigate the adverse transport effects of the proposal required to addressthe additional information requested by this submission; and

c. Conditionsrequiring a detailedanalysis of the proposed internal (withinAIAL Precinct) transport network includingconnectivity to the widerstrategic transport networkand how the functionality of the wider strategic transport network including how MRT to the airport terminal will be achieved.

AT continuesto be availableand willingto workthrough the matters raised in this submission with the requiring authority and will be prepared to provide more detail on the nature and wording of these proposed condition later in the process.

The submitter does wish to appearand be heard in support of its submission.

The submitter would consider presenting a joint case if others make a similar submission. Signedfo nd on be alfofA ckland Transport Cynthi ' espie Chief Strategy Officer, Strategy Division

15 March 2018

Address for service of submitter: Evan Keating, Principal Transport Planner AucklandTransport Private Bag 92250 Auckland 1142

Email: evan. keating@at. govt. nz Telephone: (09)4475081 (( ??

COPY OF DECISION

This document may be obtained on request from the requiring authority

Submitter/Organisation Postal Address Email Address Name Auckland Council c/- John John. duguid@aucklandc Du uid ouncil. ovt. nz Auckland International allison.arthur- Airport Limited [email protected] c/- Russell McVeagh om Att: Allison Arthur-Youn Pramen Singh pramensingh@taxcservic e. corn Scrumptious Fruit Trust c/- PO Box 87 217, Meadowbank, Auckland 1742 t. churton@xtra. co. nz T Churton M I Secrest ambragio@hotmail. com Richard Brown karakamews@xtra. co. nz Stephen Gyde stephengyde@hotmail. co m Inger Spooner inger. spooner@gmail. com Carolyn Fay Martin 18 Massey Avenue, Greenlane, Auckland 1061 [email protected] Claire Campbell 3/43 Forbes Street, , Auckland 1061 clairecampbellproduction @gmail. com Kevin Kevany 47 Panapa Drive, St Johns Park, Auckland 1072 kevwrite@xtra. co. nz Janet Mathewson 9 Pukaki Road, Mangere, Auckland 2022 mathewson_22@hotmail. corn Sarah Louise Scobie 44 Selwyn Road, Epsom, Auckland 1023 [email protected]. nz Russell Alan James Grey Attn: Aaron Grey, 596 Redoubt Road, Flat Bush, aaronjgrey@gmail. com and Del\wyn Ann Grey Auckland 2019 Nadezhda Vasilievna Attn: Andrei Aleksandrovich Kozlov, 5 Kippure andreikoz@yahoo. co. nz Kozlova Close, Dannemora, Auckland 2013 Karan Kumar 36 Pukaki Road, Mangere, Auckland 2022 karan. gshar@gmail. com Auckland The Plane Trust PO Box 106-215, Auckland 1 143 webb@quaychambers. co. Inco orated c/- Alan Webb nz Julian Goodchild jpgoodchild@xtra. co. nz c/- Level 12, 2 Commerce Street, Auckland 1010 rmurdoch@greenwoodroc Greenwood Roche, Att: he. com Francelle Lupis francelle@greenwoodroch e. corn Te Akitai WaiohuaWaka PO Box 59185, , Auckland 2151 [email protected] Taua Trust Chloe Trenouth, Hill Young Cooper, Level 1, 27 Attn: Nigel Denny Chancery Street, PO Box 106828 Auckland 1143

Board of Airline Vulcan Building Chambers, PO Box 3320, gkchappell@xtra. co. nz Representatives New Shortland St, Auckland 1140 justin@bamz. org. nz Zealand Inc ("BARNZ") Justin Tighe-Umbers, Executive Director, BARNZ, c/- Gill Chappell, Barrister PO Box 2779, Auckland 1140

Michael Turner Airways NZ Fred Ladd Way, Auckland Airport, mike. tumer@airways. co.n Auckland 2022 Te Kawerau Iwi Triabal Level 1, Stanbeth House, 28 Customs St East, rob@publiclaw9. com Authority Inc. c/- Robert Britomart, Auckland 1010 Enri ht, Barrister Jet Park Property Limited 20th Floor Lumley Centre, 88 Shortland Street, bianca. tree@minterellison c/- MinterEllisonRuddWatts Auckland 1010 . co. nz Attn: Bianca Tree and stephanie. degroot@minte Stephanie degroot rellison. co. nz Heritage New Zealand Level 2, 2 Durham Street East, Auckland 1143 rvertongen@heritage. org. Pouhere Taonga c/- nz Rebecca Verton en Makaurau Marae Maori Level 1, Stanbeth House, 28 Customs St East, rob@publiclaw9. com Trust c/- Rob Enright, Britomart, Auckland 1010 Barrister Tom Bennion 181 Cuba Street, Arc Valley, Wellington 6011 tom@bennion. co. nz Chris Watson Liam dark 501 Ti Rakau Drive, Botany, Auckland 2013 liam@topland. co. nz Cozy Tsui Michael Young 4 Stevenson Way, Howick, Auckland 2014 [email protected] Auckland Regional Public Private Bag 92605, Symonds Street, Auckland nsilver@adhb. govt. nz Health Service Attn: 1150 (Neil Silver) Andrew Philli s Housing New Zealand PO Box 1509, Auckland 1140 ckirman@ellisgould. co. nz Corporation c/- Ellis Gould ADevine@ellisgould. co. nz Lawyers, Attn: Dr Claire Kirman, Alex Devine Minister of Education c/- PO Box 1509, Auckland 1140 ckirman@ellisgould. co. nz Ellis Gould Lawyers, Attn: [email protected]. nz Dr Claire Kirman, Alex Devine Helen Futter hrlfutter@gmail. com NewZealand Transport Private Bag 106602 , Auckland sarah. ho@nzta. govt. nz Agency Attn: Mark Sly 1143 Auckland Transport Attn: Evan Keating, Principal Transport Planner, Evan. Keating@at. govt. nz Auckland Transport, Private Bag 92250, Auckland 1142 Keith Andrew Scott 33 Valley Road, Mt Eden, Auckland 1024 airport@scotties. co. nz Trevor Allan Weaver 7 Rocklands Avenue, Mt Eden, Auckland 1024 [email protected] Charlotte Mary Fisher 17 Livingstone Street, Westmere, Auckland 1022 seefish@slingshot. co. nz