Comment on the Kohimarama Comprehensive Care Retirement Village Fast Track Application 1. Contact Details Please ensure that you have authority to comment on the application on behalf of those named on this form. Organisation name (if relevant) Heritage New Zealand Pouhere Taonga *First name Susan *Last name Andrews Postal address PO Box 105 291, Auckland City 1143 *Home phone / Mobile phone 027 202 3935 *Work phone 09 307 9940 *Email (a valid email address [email protected] enables us to communicate efficiently with you) 2. *We will email you draft conditions of consent for your comment about this application I can receive emails and my email address is I cannot receive emails and my postal address is ✓ correct correct 3. Please provide your comments on the Kohimarama Comprehensive Care Retirement Village Application If you need more space, please attach additional pages. Please include your name, page numbers and Kohimarama Comprehensive Care Retirement Village Application on the additional pages. Kohimarama Comprehensive Care Retirement Village Page 3 of 7 1. Archaeology The archaeological assessment of the subject site prepared by Clough & Associates in 2015, updated in August 2019, appears not to consider the possibility that terraces (which they identify as natural) located within the south western portion of the site may be an extension of archaeological site R11/1196 (terraces with a stone artefact) and that subsurface archaeological remains relating to Maori settlement on the terraces may be present. (See New Zealand Archaeological Authority ArchSite database extract and annotated 1940 aerial below). Kohimarama Comprehensive Care Retirement Village Page 4 of 7 This possible connection was established following a survey of the site completed by Russell Foster in September 2015 for an assessment for the Glen Innes to Tamaki Drive Shared Path1, which resulted in relocation of R11/1196, previously located some 170 metres to the south of the subject property, to a location now only 70 metres south of the subject property. If present, surviving archaeological remains would only be located in the southern third of the property and relate to Maori settlement. The remaining property extent was heavily modified in the 1960s to create playing fields. While the application considers that no authorities under the Heritage New Zealand Pouhere Taonga Act 2014 are required, and confirms that none have been obtained, Heritage New Zealand does not concur based on the above. Our comment is that it would be prudent that an authority should be sought to enable works to be carried out on site, to avoid any potential construction delays should archaeological material be encountered that would require an archaeological authority to be obtained. 1- Glen Innes to Tamaki Drive Shared Path: Section 2 Geotechnical Archaeological Assessment. Prepared for Auckland Transport. Russell Foster and Associates, 2015. Kohimarama Comprehensive Care Retirement Village Page 5 of 7 2. Iwi Consultation & Cultural Heritage Values Kohimaramara is recognised as a Pourangatira place – a gathering place where people met to talk and debate politics and engage in economic trade, with tauranga waka nearby, offshore fishing grounds, and a suite of archaeological features in the wider area. Comments provided by Heritage New Zealand regarding the referral application for this project, suggested consultation with Whai Maia Limited should occur in addition to engagement with the Ngāti Whātua o Orākei Trust Board via Whai Rawa Limited in connection with the signing of a 150-year lease. Heritage New Zealand note in the application materials that this has occurred, and a letter provided constituting a statement of cultural values. Further Heritage New Zealand note the AEE refers to Ryman having contacted the 15 iwi authorities identified by the Ministry for the Environment in its Report on Section 17 Covid-19 Recovery (Fast-track Consenting) Act 2020 requirements, and that relevant iwi have been provided with the opportunity to raise cultural heritage view such that the proposed development can respond appropriately and take these views into consideration. 3. Proposed Conditions of Consent As per comment provided above, Heritage New Zealand considers an archaeological authority should be sought as a precautionary measure regarding the potential for archaeological remains associated with archaeological site R11/1196 to be present within the site. In this case ‘Accidental Discovery Protocol Condition 11.’ would need only to apply to any area of the site not otherwise included under an archaeological authority issued under the HNZPTA (2014), should there be any such areas. We are concerned that the consent applicant has not spoken to us to discuss the need for an authority or otherwise and would not wish to see the implementation of any resource consents granted via this process delayed as a result of belatedly addressing this matter. If the applicant determines not to obtain an authority in advance of commencing works, or if the authority were not to apply to the site in entirety then a condition of consent outlining an appropriate accidental discovery protocol should be included. Proposed Condition 11. as it is currently worded however is not considered appropriate as a protocol that should be employed in the case of accidental discovery. If such a condition is to be included, it should be consistent with the example Accidental Discovery Protocol as provided below, and/or the Accidental Discovery Rule of the Auckland Unitary Plan (at E11.6.1. and E12.6.1) in so far as this addresses archaeological sites. Replace Condition 11 Accidental Discovery Protocol with: This accidental discovery protocol applies to any parts of the application area not covered by an archaeological authority issued under the Heritage New Zealand Pouhere Taonga Act 2014. In the event that an unidentified archaeological site is located during works, the following applies: a) Work shall cease immediately at that place and within 20 metres around the site. b) The contractor must shut down all machinery, secure the area, and advise the Site Manager. Kohimarama Comprehensive Care Retirement Village Page 6 of 7 c) The Site Manager shall secure the site and notify the Heritage New Zealand Regional Archaeologist. Further assessment by an archaeologist may be required. d) If the site is of Maori origin, the Site Manager shall notify the Heritage New Zealand Regional Archaeologist and the appropriate iwi groups or kaitiaki representative of the discovery and ensure site access to enable appropriate cultural procedures and tikanga to be undertaken, as long as all statutory requirements under legislation are met (Heritage New Zealand Pouhere Taonga Act, Protected Objects Act). e) If human remains (kōiwi tangata) are uncovered the Site Manager shall advise the Heritage New Zealand Regional Archaeologist, NZ Police and the appropriate iwi groups or kaitiaki representative and the above process under 4 shall apply. Remains are not to be moved until such time as iwi and Heritage New Zealand have responded. f) Works affecting the archaeological site and any human remains (kōiwi tangata) shall not resume until Heritage New Zealand gives written approval for work to continue. Further assessment by an archaeologist may be required. g) Where iwi so request, any information recorded as the result of the find such as a description of location and content, is to be provided for their records. h) Heritage New Zealand will determine if an archaeological authority under the Heritage New Zealand Pouhere Taonga Act 2014 is required for works to continue. Advice Note: It is an offence under s87 of the Heritage New Zealand Pouhere Taonga Act 2014 to modify or destroy an archaeological site without an authority from Heritage New Zealand irrespective of whether the works are permitted or consent has been issued under the Resource Management Act or other legislation. Heritage New Zealand Regional Archaeologist contact details: Dr Sarah Phear: DDI (09) 307 9933 027 605 4341 [email protected] If an archaeological authority is granted, it is helpful if those working on the site have copies and understand the requirements. We recommend adding the following to Condition 5 Pre-Construction Conditions: n) copies of any archaeological authority granted for the project. Thank you for your comments Kohimarama Comprehensive Care Retirement Village Page 7 of 7 .