proposed designation conditions: reply version...support, and as a consequence of, the s42a...
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PROPOSED DESIGNATION CONDITIONS: REPLY VERSION
Key to Amendments to Proposed Designation Conditions
The following sets out a key to the various colours used to indicate amendments to the proposed conditions.
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’1
amendments made by evidence in chief, in response to matters raised in
submissions and by the NZ Transport Agency’s response to the
Council’s request for further information made under section 92 of the
RMA are shown in blue;
amendments made by addendum evidence, in response to submissions,
expert w itness conferencing and the NZ Transport Agency’s response to
questions set out in the Fifth Minute of the Hearing Panel are shown in
green;
amendments made in response to matters raised over the duration of
the hearing (and as indicated in the Table provided to the Hearing Panel
on 28 March 2019) are shown in red;
amendments made in response to further matters raised over the
duration of the hearing and as an outcome of further discussions w ith
parties are shown in purple.
Changes proposed by NZTA post lodgement of the NOR – blue
Changes proposed by s42A reporting team and attached as addendum
to the s42A Planning Report (01 March 2019) – green
Changes recommended by s42A reporting team in response to Panel
Questions (14 March 2019) - orange
Amendments made in response to matters raised over the duration of
the hearing, including amendments proposed by NZTA or in response to
questions from the Panel – red
Definitions and Abbreviations
The following table includes a list of abbreviations and defined terms that are specifically used in the proposed designation conditions.
ABBREVIATION/TERM/
ACRONYM
TERM/DEFINITION MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
AgResearch AgResearch Limited Nil
BS British Standard Nil
BSMP Ballantrae Research Station Management Plan Nil
1
As set out in the S42A Reporting Team ‘condition set’ provided on 7 April 2019.
2
ABBREVIATION/TERM/
ACRONYM
TERM/DEFINITION MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
CEDF Te Ahu a Turanga Cultural and Environmental Design Framework Nil
CEMP Construction Environmental Management Plan Nil
CH./Chainage A distance measured along a straight line. For this Project, chainage is measured in metres and
starts from the western extent of the Project.
Nil
CNVMP Construction Noise and Vibration Management Plan Nil
Construction means activities undertaken to construct the Project, excluding enabling works, and including:
- ground improvement works;
- temporary and permanent drainage installation;
- bulk earthworks (including cut and fill activities);
- bridge and tunnel construction;
- pavements and surfacing;
- site reinstatement;
- landscaping; and
- installation of permanent road furniture and ancillary works.
Nil
Council/s means Palmerston North City Council, Manawatū District Council or Tararua District Council. Nil
CTMP Construction Traffic Management Plan Nil
dB Decibel Nil
District Plan means Palmerston North City District Plan, Manawatū District Plan or Tararua District Plan. Nil
ECDF Te Ahu a Turanga Environmental and Cultural Design Framework Nil
ECR Environmental compensation ratio Nil
EMP Ecological Management Plan Nil
Enabling works means preliminary activities, including such things as pre-construction site investigations
(including access for such investigations); site establishment activities; site and property access
formation; ecological surveys and any necessary relocations; any necessary reconfiguration of
the Te Āpiti w ind farm and other utilities infrastructure; vegetation removal and vegetation
protection; and the establishment of erosion and sediment control measures.
Nil
First Gas First Gas Limited Nil
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ABBREVIATION/TERM/
ACRONYM
TERM/DEFINITION MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Frame site/s field research measurement sites at the
Ballantrae Station site.
- A new definition introduced to
support further amendments
to Conditions 5(e)(iv) and T3.
ha hectares Nil
Horizons Manawatū Whanganui Regional Council, also known as Horizons Regional Council Nil
Kiw iRail Kiw iRail Holdings Limited Nil
km Kilometre Nil
LAeq( 15min)
Time-average sound level over a 15 minute hour period, measured in dB Nil
LAeq( 24h)
Time-average sound level over a twenty-four hour period, measured in dB Nil
LAFmax
Maximum sound level, measured in dB Nil
LMP Landscape Management Plan Nil
m metres Nil
MDC Manawatū District Council Nil
Meridian Meridian Energy Limited Nil
MGSR Manawatū Gorge Scenic Reserve Nil
MGSR Western Car Park
Construction Plan
The car park located on the western boundary of the Manawatū Gorge Scenic Reserve Car Park
Construction Management and Reinstatement Plan
Description of the car park
adjusted to reflect fact that it
has no current proper name
and is not part of the
Manawatū Gorge Scenic
Reserve, being on land owned
by the Transport Agency and
Mr Tom Shannon.
MGSR Western Car Park
Reinstatement Plan
The car park located on the western boundary of the Manawatū Gorge Scenic Reserve Car Park
Reinstatement Plan
As above.
mm/s Millimetres per second Nil
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ABBREVIATION/TERM/
ACRONYM
TERM/DEFINITION MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
NGMP National Grid Management Plan - A new acronym included as a
consequence of the Transport
Agency’s response to
Transpower’s letter to the
Hearing Panel dated 5 April
2019.
National Trust QEII National Trust Nil
NESETA Resource Management (National
Environmental Standards for Electricity
Transmission Activities) Regulations 2009
- Deleted as no reference is
made to either National
Environmental Standard in the
Proposed Conditions.
NES Soil Resource Management (National
Environmental Standard for Assessment and
Managing Contaminations in Soil to Protect
Human Health) Regulations 2011
-
NIP Network Integration Plan Nil
NoRs Notices of Requirement for a Designation - Deleted as the term is not used
in the Proposed Conditions.
NZECP 34:2001 New Zealand Electrical Code of Practice for Electrical Safe Distances Nil
NZS New Zealand Standard Nil
NZ Transport Agency New Zealand Transport Agency Nil
PNCC Palmerston North City Council Nil
PPFs Protected premises and facilities Nil
Project Te Ahu a Turanga; Manawatū Tararua Highway Project Nil
Project Iw i Partners Rangitāne o Manawatū, Rangitāne o Tamaki Nui-ā -Rua, Ngāti Kahungunu ki Tāmaki Nui-ā -Rua,
Ngāti Raukawa
Nil
QEII Trust Queen Elizabeth the Second National Trust, also know as the QEII National Trust. Nil
Requiring Authority has the same meaning as section 166 of the RMA and, in the case of the NoR, is the NZ
Transport Agency.
Nil
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ABBREVIATION/TERM/
ACRONYM
TERM/DEFINITION MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Responsible officer - For Manawatū District Council: the Chief
Executive Officer (“CEO”) or their nominee
For Palmerston North City Council: the Chief
Executive Officer (“CEO”) or their nominee
For Tararua District Council: the Chief
Executive Officer (“CEO”) or their nominee
Or such other person that has been delegated
by one or more Territorial Authority as a
Responsible Officer for the purposes of this
Designation.
This definition is included to
support, and as a consequence
of, the S42A Officers’ Proposed
Conditions 1C and 1D. The
Transport Agency does not
propose the same Conditions
1C and 1D.
RMA Resource Management Act 1991 Nil
Management plan
confirmation
- Written confirmation from the relevant
Territorial Authority/ies that a management
plan submitted by the Requiring Authority:
a) has been prepared in accordance with the
condition requiring the management plan,
and
b) meets the requirements of any other
conditions that are applicable, and
c) is consistent w ith any previously confirmed
management plans that relate to the same
works or activities.
This definition is included to
support, and as a consequence
of, the S42A Officers’ Proposed
Conditions 1C and 1D. The
Transport Agency does not
propose the same Conditions
1C and 1D.
TDC Tararua District Council Nil
Transpower Transpower New Zealand Limited Nil
TWVMMP Tangata Whenua Values Monitoring and Management Plan Nil
WFMP Wind Farm Management Plan Nil
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Construction Conditions (common to all jurisdictions)
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
General and Administ ration
1. General
a) Except as modified by the conditions below , and
subject to detailed design and accompanying outline
plan/s, the Project must be undertaken in general
accordance with the follow ing information provided
in ‘Te Ahu a Turanga; Manawatū Tararua Highway
Project, Notices of Requirement for Designations’,
dated 31 October 2018:
i. Volume 2: Assessment of Effects on the
Environment and Supporting Material Parts A to
G;
ii. Volume 2: Part J, Appendix Two – ‘Te Ahu a
Turanga Cultural and Environmental and Cultural
Design Framework (Preliminary Urban and
Landscape Design Framework)’;
iii. Volume 2: Part J, Appendix Three – Preliminary
Design Philosophy Report;
iiiv. Volume 2: Part J, Appendix Four – Bridge and
Retaining Wall Design Philosophy Report;
iv. Volume 4, Plans and Draw ings:
A. Land Requirement Plans LR-00 to LR-11;
B. Designation Plans D-00 to D-10.
b) In addition to the matters set out in clause (a), the
Project must be undertaken in general accordance
with the ‘Te Ahu a Turanga; Manawatū Tararua
Highway Project Cultural and Environmental Design
Framework’ dated [insert date of NZTA Reply
version] and including any updates undertaken
under Condition 5(d)(iii);
General
a) Except as modified by the conditions below , and
subject to detailed design and accompanying outline
plan/s, the Project must be undertaken in general
accordance with the follow ing information provided
in ‘Te Ahu a Turanga; Manawatu Tararua Highway
Project, Notices of Requirement for Designations’,
dated 31 October 2018:
i. Volume 2: Assessment of Effects on the
Environment and Supporting Material Parts A to
G, sections 37 to 38 in Part H, Part I;
ii. Volume 2: Part J, Appendix Two – ‘Te Ahu a
Turanga Cultural and Environmental and
Cultural Design Framework (Preliminary Urban
and Landscape Design Framework)’;
iii. Volume 2: Part J, Appendix Three – Preliminary
Design Philosophy Report;
iv. Volume 2: Part J, Appendix Four – Bridge and
Retaining Wall Design Philosophy Report;
v. Volume 3, Technical Assessments;
vi. Volume 4, Plans and Draw ings:
A. Land Requirement Plans LR-00 to LR-11;
B. Designation Plans D-00 to D-10;
C. Indicative Alignment plans A-00 to A-11,
Structures Plans SP-01 to SP-04,
Longitudinal and Cross-Sections LC-01 – LC-
12, Noise Plans N-01 to N-12, Landscape
and Visual Assessments LVA-01 to LVA-10
in so far as they are relied upon in any of
The S42A Officers’ version
includes the follow ing further
matters in the ‘general
accordance’ Condition 1:
- the explanatory text and the
statutory assessment of the
Project (in Parts H and I of
Volume 2 of the NoR
documentation);
- the technical assessments of
effects of the Project in Volume
3 of the NoR documentation;
- the ‘indicative only’ alignment
plans A-00 to A-11;
- Further information provided.
Adding a stipulation that the
Project be constructed in
general accordance with those
materials could inadvertently
cause confusion, and constrain
design solutions, particularly
where those materials (plans
and technical reports):
- refer to ‘indicative’ design
information, in cases where
flexibility is sought through the
NoRs;
- provide an assessment of an
indicative design(s) in order to
establish acceptable effects
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) Where there is inconsistency between the
documents listed above and the requirements of
these conditions, these conditions prevail.
the Technical Assessments and
recommendations in Volumes 2 and 3;
vii. The further information in the letter dated 15
January 2019, which was in response to the s92
further information request;
viii. [Any further information that is provided during
the Hearing].
b) Where there is inconsistency between the documents
listed above and the requirements of these
conditions, these conditions prevail.
envelopes and management
plans and thus are not designs
to which the Agency should now
be held; and/or
- analyse potential designs that
are no longer feasible, in
accordance with the proposed
conditions. This is the case for
earlier indicative designs that
would have had additional
adverse effects on significant
indigenous vegetation at
CH4000-4400, discussed in
some of the technical
assessments in Volume 3 of the
NoR documentation.
1B - Compliance with outline plans and management
plans
The Project shall be undertaken in accordance with any:
a) approved outline plan/s; and
confirmed technically certified management plan/s,
including any plan/s that form part of an approved
outline plan, that is required by conditions [10, 12,
13A, 14, 15, 16, 16A, 21, 22, 23, 29A list of
conditions that require a management plan, including
the conditions requiring a Community Engagement
Plan].
The Transport Agency does not
include an equivalent proposed
condition, as these are legal
requirements imposed
elsewhere in the proposed
conditions or by the RMA.
1C - Technical Certification Confirmation process
a) When the Requiring Authority is required to submit
a management plan or other document for
confirmation technical certification as required by a
condition of this designation, the management plan
must be submitted to the Responsible officer of the
respective territorial authority/ies in electronic and
The S42A Officers’ version
includes a
certification/confirmation
process in proposed condition
1C and 1D. These conditions
relates to the range of
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
hard copy form at least [xx]20 working days (or
such other time specified in the relevant condition)
prior to the commencement of the works to which
the management plan relates.
b) The confirmation technical certification w ill confirm
that the management plan or plans meets the
requirements of the relevant condition. Works shall
not commence until the Requiring Authority has
received the Responsible officer’s written
confirmation certification.
c) If the Requiring Authority has not received a
response from the Responsible officer/s w ithin 15
working days of submitting the management plan,
the Requiring Authority w ill issue written notice to
the territorial authority that it has not received a
response. If a response is not received from the
[responsible officer] w ithin 105 working days after
the written notice is received by the territorial
authority, the management plan must be submitted
as part of a relevant outline plan deemed to have
confirmation certification and works can
commence.
d) If the [responsible officer/s] consider that they are
not able to confirm certify the management plan
they w ill provide the Requiring Authority w ith
reasons and recommendations for changes to the
management plan in writing. The Requiring
Authority must consider the reasons and
recommendations and either resubmit the
management plan w ith any amendments for
confirmation certification w ithin 5 working days or
submit it a relevant outline plan as part of such
other timeframe as agreed w ith the Responsible
officer.
management plans that make
up the CEMP.
The Transport Agency version,
in Condition 10, provides for a
pre-submission review of the
draft management plans to be
undertaken by Councils.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
e) The Requiring Authority shall implement and comply
w ith the [management plan] for the duration of the
Construction Works.
1D - Cert ification Confirmation of amendments to
management plan/s or other documents
a) A confirmed Where a management plan may be
amended at the request of the Requiring Authority
at any time. or other document that has been
technically certified confirmed in accordance with
Condition 1C requires amendment, t The amended
management plan or other document must be
submitted to the Responsible officer of the
respective territorial authority/ies at least 10
working days prior to the commencement of the
works to which the amendment to the management
plan relates.
b) Certification Confirmation of an amended
management plan shall be undertaken in accordance
w ith Condition 1C.
2. Post -construction review of designation width
As soon as practicable follow ing completion of
construction of the Project, the Requiring Authority
must:
a) review the w idth of the area designated for the
Project;
b) identify any areas of designated land that are no
longer necessary for the on-going operation,
maintenance of the State Highway or for on-going
measures to mitigate, or offset or compensate for
adverse effects of the Project, and including the
Ramarama Protection Area identified on Figure B in
the Statement of Evidence of Dr Adam Forbes (dated
8 March 2019); and
Post -construction review of designation width
As soon as practicable follow ing completion of
construction of the Project, the Requiring Authority
must:
a) review the w idth of the area designated for the
Project;
b) identify any areas of designated land that are no
longer necessary for the on-going operation,
maintenance of the State Highway or for on-going
measures to mitigatione, or offsetting or
compensation measures that are required to address
adverse effects of the Project, and including the
Ramarama Protection Area identified on Figure B in
the Statement of Evidence of Dr Adam Forbes (dated
8 March 2019); and
No material difference.
Clause (c) differs in expression
of section 182 of the RMA only.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) give notice to the Council/s in accordance with
section 182 of the RMA that seeking the removal of
those parts of the designation identified in (b) above
are no longer wanted.
c) give notice to the Council/s in accordance with
section 182 of the RMA requesting seeking the
removal of those parts of the designation identified
in (b) above.
3. Post -construction removal of conditions
The follow ing conditions relate to the construction of
the Project and only apply to construction activities,
such that, once construction of the Project is complete
these conditions w ill no longer apply and can be
removed as part of any subsequent District Plan review :
a) Conditions 1 to 26AB;
b) Conditions M1 and M2;
c) Conditions PN1, PN2 and PN2A; and
d) Conditions T1, T2 and to T4.
For the avoidance of doubt, none of these conditions
prevent or apply to works required for the ongoing
operation or maintenance of the State Highway within
the designation where the provisions of section 176A of
the RMA apply.
Post -construction removal of conditions
The follow ing conditions relate to the construction of
the Project and only apply to construction activities,
such that, once construction of the Project is complete
these conditions w ill no longer apply and can be
removed as part of any subsequent District Plan review :
a) Conditions 1 to 26AB;
b) Conditions M1 and M2,
c) Conditions PN1, PN2 and PN2A; and
d) Conditions T1, T2 and to T4.
For the avoidance of doubt, none of these conditions
prevent or apply to works required for the ongoing
operation or maintenance of the State Highway within
the designation where the provisions of section 176A of
the RMA apply.
Advice note: On completion of construction there may
be management plans, including those relating to
planting and habitat maintenance, that require ongoing
implementation and review . Any changes or deletions to
the conditions must account for those ongoing
obligations.
The S42A Officers’ version
includes an advice note in
relation to management plan
obligations. Both versions
address this through Condition
31.
The S42A Officers’ version
notes:
“This condition needs to be
reviewed once other conditions
are settled. As a minimum, we
consider that Condition 1 should
not be removed in its entirety."
The advice note is not proposed
as the merits of removing the
conditions can be considered at
the time of the District Plan
Review .
4. Lapse period
The designation shall lapse if not given effect to w ithin 10 years from the date on which it is included in a District
Plan under section 175 of the RMA.
Nil
Out line Plan or Out line Plans
5A. Out line plan or outline plans (enabling works)
a) An outline plan or plans must be prepared and
submitted to the relevant Council, in accordance
Out line plan or outline plans (enabling works)
a) An outline plan or plans must be prepared and
submitted to the relevant Council, in accordance with
The S42A Officers’ version
deletes the exclusion of
permitted activities from the
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
with section 176A of the RMA, for enabling works
that are not otherw ise a permitted activity pursuant
to the relevant District Plan (unless the requirement
is waived by the territorial authority);
b) In addition to the matters required by section 176A
of the RMA, an outline plan or plans must
demonstrate how the matters listed in condition 5(e)
are achieved;
c) The outline plan or plans must address matters
listed in Condition 10(c) and Condition 23(c) to the
extent that those matters are relevant to the works
described in the outline plan;
cd) The outline plan w ill not cover reinstatement of any
non-permanent works and those details w ill be
covered by the Outline Plan (permanent construction
works);
de) Tthe follow ing conditions are also relevant to the
content of an outline plan or plans for enabling
works:
i. Condition PN1: Outline plan – Parahaki
Island;
ii. Condition M1: Outline plan – Tararua High
Pressure Gas Transmission Pipeline;
iii. Condition M2: Outline plan – Palmerston
North to Gisborne Rail Corridor;
iv. Condition T1: Outline plan – Te Āpiti Wind
Farm;
v. Condition T2: Outline plan – Mangamaire –
Woodville A 110kV National Grid
transmission line;
vi. Condition T3: Outline plan – Ballantrae
Farm Research Station; and
section 176A of the RMA, for enabling works that are
not otherw ise a permitted activity pursuant to the
relevant District Plan, or if unless the requirement is
waived by the territorial authority.;
b) In addition to the matters required by section 176A
of the RMA, an outline plan or plans must:
(i) demonstrate how the matters listed in condition
5(e) are achieved; and
(ii) include the matters identified in 5(c)(i) to (iv) (as
relevant to the particular design or construction
matters being addressed).
c) The outline plan w ill not cover reinstatement of any
non-permanent works and those details w ill be
covered by the Outline Plan (permanent construction
works);
d) the follow ing conditions are also relevant to the
content of An outline plan or plans for enabling
works must comply w ith the follow ing conditions:
i. Condition PN1: Outline plan – Parahaki
Island;
ii. Condition M1: Outline plan – Tararua
High Pressure Gas Transmission
Pipeline;
iii. Condition M2: Outline plan – Palmerston
North to Gisborne Rail Corridor;
iv. Condition T1: Outline plan – Te A piti
Wind Farm;
v. Condition T2: Outline plan –
Mangamaire – Woodville A 110kV
National Grid transmission line;
vi. Condition 5D – Works w ithin the long
term grazing trial site at Ballantrae
Country Research Station Condition T3:
outline plan process in clause
(a).
The S42A Officers’ version
requires, through proposed
clause (b)(ii), that management
plans be prepared for inclusion
in the outline plan/s for
enabling works. The Transport
Agency version, in proposed
clause (c), extends particular
CEMP and TWVMMP matters to
the management of enabling
works activities. This clause is
duplicated as (e) in the S42A
Officers’ version.
The S42A Officers’ version
includes an advice note that
Condition 5 applies to enabling
works. The Transport Agency
version does not intend this to
be the case; rather, enabling
works must demonstrate how
the matters listed in condition
5(e) are achieved. It is not
appropriate for full
management plans to be
prepared for enabling work
which w ill be small scale /
minor works.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
vii. Condition T4: Outline plan – QEII National
Trust open space covenants.
Outline plan – Ballantrae Farm Research
Station; and
vii. Condition T4: Outline plan – QEII
National Trust open space covenants.
e) The outline plan or plans must address matters listed
in Condition 10(c) and Condition 23(c) to the extent
that those matters are relevant to the works
described in the outline plan;
Advice note: For the avoidance of doubt, this condition
cross-references to components of Condition 5 to
minimise repetition. The content of Condition 5 should
be applied to construction works and enabling works as
relevant, and should not be deemed to only apply to
construction works because of their location in
Condition 5.
Management Plans for enabling works
For enabling works that are part of the designation, the
management plans required by Condition 5A must be
prepared and confirmed technically certified by the
relevant Territorial Authority at least 10 working days
before the enabling works commence.
The S42A Officers’ version
requires a confirmation process
for management plans for
enabling works. The Transport
Agency version (as set out
above), provides for the
management of enabling works
directly in the outline plan/s.
This Condition is numbered 1B
in the Section 42A Officers’
version.
5. Out line plan or outline plans (permanent
construction works)
a) An outline plan or plans must be prepared and
submitted to the relevant Council in accordance with
section 176A of the RMA.
Out line plan or outline plan (permanent construction
works)
a) An outline plan or plans must be prepared and
submitted to the relevant Council in accordance with
section 176A of the RMA.
b) The outline plan or plans required by a) may be
submitted for the entire Project or one or more
sections or locations (including those listed in 5(d))
The Section 42A Officers’
version lists a range of further
matters to be included in
outline plan/s (clause (c)(xi) to
(xiv). The design matters are a
general requirement of section
176A of the RMA and the
requirements of proposed
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
b) The outline plan or plans may be submitted in part
or in stages to address particular design or
construction aspects or stages of the Project.
c) The follow ing must be included in an outline plan or
plans (as relevant to the particular design or
construction matters being addressed):
i. a Communications Plan prepared in accordance
w ith Condition 7.
ii. a Construction Environmental Management Plan
(“CEMP”) prepared in accordance with Condition
10 that includes:
A. a Construction Traffic Management Plan
(“CTMP”) prepared in accordance with
Condition 22;
B. a Construction Noise and Vibration
Management Plan (“CNVMP”) prepared in
accordance with Condition 21;
C. a Tangata Whenua Values Monitoring and
Management Plan (“TWVMMP”) prepared in
accordance with Condition 23;
D. a Ecological Management Plan (“EMP”)
prepared in accordance with Condition 17
and including:
a ‘Bat Management Plan’ (Condition 15);
a ‘Lizard Management Plan’ (Condition
14); and
an ‘Avifauna Management Plan’
(Condition 16); and
a ‘Terrestrial Invertebrates
Management Plan’ (Condition 16A).
E. a Landscape Management Plan (“LMP”)
prepared in accordance with Condition
12; and
of the works. in part or in stages to address
particular design or construction aspects or stages of
the Project.
c) The follow ing must be included in each an outline
plan or plans where they are relevant to the works or
location to which the outline plan relates: (as
relevant to the particular design or construction
matters being addressed):
i. a Communications Plan prepared in accordance
w ith Condition 7.
ii. a Construction Environmental Management Plan
(“CEMP”) prepared in accordance with Condition
10 that includes:
A. a Construction Traffic Management Plan
(“CTMP”) prepared in accordance with
Condition 22;
B. a Construction Noise and Vibration
Management Plan (“CNVMP”) prepared in
accordance with Condition 21;
C. a Tangata Whenua Values Monitoring and
Management Plan (“TVMMP”) prepared in
accordance with Condition 23;
D. a Ecological Management Plan (“EMP”) prepared
in accordance with Condition 17 and including:
I. a ‘Bat Management Plan’ (Condition 15);
II. a ‘Lizard Management Plan’ (Condition 14);
and
III. an ‘Avifauna Management Plan’
(Condition 16); and
IV. a ‘Terrestrial Invertebrates Management
Plan’ (Condition 16A);
V. an ‘Offset Planting and Management
Plan’ (Condition 13A);’ and
clause (c)(xiv) are addressed in
the Transport Agency version at
clause 5(d).
The Section 42A Officers’
version requires a wetland
survey in clause (c) and the
Transport Agency requires the
same survey in clause (e).
Both versions provide for the
updating or amendment of
documents at clause (d). The
Transport Agency version
provides specifically for the
inclusion of additional
information in respect of
cultural values in the CEDF.
Differences in clause (e) are
general a consequence of
format preferences and
differences in conditions
elsewhere.
Amended e)iv)a) to ensure that
it is understood that proposed
limitations relate to the
research part of the Ballantrae
Station Farm rather than the
entire Farm.
Added clause c)ii.G. as
proposed by the S42A officers
recognising the remediation of
some work may not be covered
by a management plan or other
condition.
14
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
F. a Western Manawatū Gorge Scenic
Reserve Car Park Construction
Management and Reinstatement Plan
(“MGSR Car Park Construction Plan”)
prepared in accordance with Condition
PN2;
G. Details of reinstatement and remediation
works, including of temporary and
enabling works where not covered by any
other management plan or condition;
iii. a Network Integration Plan (“NIP”) prepared in
accordance with Condition 26, and to the extent
the shared path required by Condition 26(c) is to
be provided w ithin the boundaries of the
designation, the location and design of the
shared path;
ivii. a Manawatū Gorge Scenic Reserve Western Car
Park Reinstatement Plan (“MGSR Car Park
Reinstatement Plan”) prepared in accordance with
Condition PN2A;
v. a Wind Farm Management Plan (“WFMP”)
prepared in accordance with Condition T1;
ivi. a Ballantrae Station Management Plan (“BSMP”)
prepared in accordance with Condition T3;
vii a Cultural and Environmental Design Framework
(“CEDF”) design review completed in accordance
with Condition 11;
viiiii. the Te Ahu a Turanga Cultural and
Environmental and Cultural Design Framework
(“ECEDF”) prepared in accordance with Condition
11; and
VI. a survey of exotic dominated wetlands
that is undertaken in accordance with
the Landcare Research Wetland
Delineation Monitoring Tool (Clarkson,
2013) or) Wetland Monitoring and
Assessment Kit (WetMAK) (Landcare
Trust, 2019).
E. a Landscape Management Plan (“LMP”) prepared
in accordance with Condition 12; and
F. a Manawatu Gorge Scenic Reserve Car Park
Construction Management and Reinstatement
Plan (“MGSR Car Park Construction Plan”)
prepared in accordance with Condition PN2; and
iii. a Network Integration Plan (“NIP”) prepared in
accordance with Condition 26;
iv. a Manawatū Gorge Scenic Reserve Car Park
Reinstatement Plan (“MGSR Car Park
Reinstatement Plan”) prepared in accordance
with Condition PN2A;
v. a Wind Farm Management Plan (“WFMP”)
prepared in accordance with Condition T1;
vi. a Ballantrae Station Management Plan
(“BSMP”) prepared in accordance with
Condition T3’;
vii. An CEDF design review completed in
accordance with Condition 11 which
demonstrates how the Project w ill give effect
to the Te Ahu a Turanga Cultural and
Environmental and Cultural Design
Framework (“ECCEDF”) prepared in
accordance with Condition 11; and
viii. a finalised accidental discovery protocol,
where required by and in accordance with
Condition 24;
15
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
iviii. a finalised accidental discovery protocol, where
required by and in accordance with Condition 24
and any Archaeological Authority.
d) The CEDF and documents and plans referred to in
clause (c) above may be amended to provide
updated information or reflect changes in design,
construction methods or the management of effects
w ithout the need for a further outline plan where:
i. the amendment proposed is provided in writing
to Council; and
ii. the amendment does not result in a materially
different is in general accordance with the
outcome to that described in the original plan; or
iii. the amendment is to supplement 2.1 ‘Tangata
Whenua Principles’, Appendix A.2 ‘Cultural
Values and Narratives’ or Appendix A.3 ‘Sites of
Significance to Tangata Whenua’ of the CEDF,
including to incorporate outcomes of cultural
management and monitoring activities
undertaken in accordance with TWVMMP required
by Condition 23 and the amendment:
A. is an outcome of consultation w ith a Project
Iw i Partner or Partners;
B. does not delete content of the CEDF; and
C. is provided to the Councils at the earliest
opportunity.
e) The outline plan or plans must demonstrate how the
follow ing is achieved:
i. the maximum length of the follow ing streams
(shown on Draw ing C-10) that is permanently
disturbed by diversion or other physical
modifications must be minimised as far as
practicable and must not exceed:
ix. a copy of any Archaeological Authority
required by Condition 24 and any associated
accidental discovery protocol obtained for
the works relevant to the outline plan;
x. Details of reinstatement and remediation of
works, including of temporary and enabling
works;
xi. A detailed design of the “shared path”
required by Condition [26D], including route
alignment, w idth, length, grade, surfacing,
barrier fencing, seating, amenity planting,
drainage and the maintenance regime;
xii. A Detailed Design Road Safety Audit that
meets the requirements of Condition 26I that
includes an audit of the design for vulnerable
road users. The audit must cover Pinfold
Road/SH2 intersection to York Street/SH3
intersection.
xiii. A detailed description of how the adopted
amendments outcomes of community
engagement arising from consultation w ith
the Community Liaison Group
implementation of the Community
Engagement Plan required by Condition [8A]
have been integrated into the design of the
Project, including but not limited to any
matters recorded in accordance with
Condition 8(f).
xiv. Any content added to the CEDF undertaken in
accordance with Condition 11.
d) The documents and plans referred to in clause (c)
above may be amended to reflect changes in design,
construction methods or the management of effects
w ithout the need for a further outline plan where:
16
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
A. QEII Trust west (stem 7A): 350m; and
B. QEII Trust east (stems 6A, 6B and 6C): 460m.
ii. physical works w ithin the Ramarama Protection
Area identified on Figure B in the Statement of
Evidence of Dr Forbes dated 8 March 2019 are
restricted to restoration planting provided for by
Condition 13(d);
iii. the maximum area of indigenous vegetation
removal or exotic-dominated seepage wetlands
removal must not exceed the follow ing w ithin
the ecosystem types identified on Designation
Plans D-01 to D10the plans attached as
Appendix A to the Statement of Evidence of Dr
Adam Forbes dated 8 March 2019, except that
the maximum area of exotic-dominated wetlands
(between CH8200-CH8800 and CH12000-12400
may be revised as a result of further survey (in
accordance with Clarkson 2013):
Ecosystem type Maximum
area (ha)
Secondary broadleaved forests with old-
growth signatures
3.07
Old-growth treelands 0.41
Kānuka forests (CH4000-4400) 1.0
Kānuka forests (elsewhere in the
designation)
3.520.59
Advanced secondary broadleaved forests
(CH5600-5800)
0.5
Advanced secondary broadleaved forests
(elsewhere in the designation)
2.430.48
Secondary broadleaved forests and
scrublands (CH6100-6400)
0.86
i. the amendment proposed is provided in writing
to Council; and
ii. the amendment does not result in a character,
intensity or scale of the activity is the same or
similar materially different outcome to that
described in the original outline plan;
iii. if the amendment is to a confirmed technically
certified management plan, the amendment has
been confirmed in accordance with Condition
1D; and
iv. the Council agrees that a further outline plan is
not required.
e) The outline plan or plans must demonstrate how the
follow ing is achieved:
i. that the maximum length of the follow ing
streams (shown on Draw ing C-10) that to be is
permanently disturbed by diversion or other
physical modifications w ill meet the
requirements of Condition [5B]; must not
exceed
A. QEII Trust west (stem 7A): 350m; and
B. QEII Trust east (stems 6A, 6B and 6C): 460m.
ii. physical works w ithin the Ramarama Protection
Area identified on Figure B in the Statement of
Evidence of Dr Forbes dated 8 March 2019 are
restricted to restoration planting provided for by
Condition 13(d);
iii. construction works w ill, including enabling
works, avoid the ecological exclusion zones
identified in accordance w ith Condition 17(J);
iv. that the maximum area of indigenous
vegetation or exotic-dominated seepage
wetlands to be removed removal to be meets
the requirements of Condition [5C]; must not
17
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Secondary broadleaved forests and
scrublands (elsewhere in the designation)
16.3215.6
Mānuka and kānuka shrublands (CH6100-
6400)
1.22
Mānuka and kānuka shrublands (elsewhere
in the designation)
2.82
Mānuka, kānuka and dDivaricating
shrublands
3.470.33
Old-growth forests (alluvial) 0.15
Old-growth forests (hill country) 1.0
Raupō dominated seepage wetlands (high
value)
0.13
Indigenous-dominated seepage wetlands
(moderate value)
0.561.12
Exotic -dominated seepage wetlands (low
value)
2.74
Advice note: 1. Ffor the area measurements listed in
respect of the old-growth forests (alluvial) and raupo-
dominated seepage wetlands (high value), the maximum
areas specified are based on an assessment that clearance
of those areas would have a less than ‘Very High adverse’
effect under EIANZ, 2018.
ivii. Within the long-term fertiliser and grazing
systems trial at Ballantrae Hill Country Research
Station site (“Ballantrae Station”) being part of the
land indicated by property reference numbers
14, 15 and 16 on Land Requirement Plan LR-11)
the potential effects on the systems trial must be
minimised, as far as practicable, and:
exceed the follow ing w ithin the ecosystems
types identified on Designation Plans D-01 to
D10:
v. separation of traffic lanes at roundabouts from
dwellings in accordance with Condition [29B];
vi. traffic lanes of the roundabouts must be more
than 100 metres from dw ellings existing on 31
October 2018;
vii. traffic lanes must be more than 200 metres
from the dwellings at 49807 State Highway 3
and 75 Hope Road, Woodville existing on 31
October 2018;
viii. in addition to the specific matters addressed in
Conditions 26, M1, M2, T1 and T2, the scope,
location and timing of works to relocate network
utilities and any measures necessary to provide
for the identification of, safety and protection of
network utilities (in consultation w ith the
network utility operator/Council);
ix. the maintenance of permanent practical
ongoing access to existing and relocated
network utilities and the Te A piti w ind farm
turbines in accordance with Condition [T1A].
(where retained), including reasonable and
emergency access during construction of the
Project.
x. Compliance w ith the follow ing conditions:
f) the follow ing conditions are also relevant to the
content of an outline plan or outline plans:
A. Condition PN1: Outline plan – Parahaki Island;
B. Condition M1: Outline plan – Tararua High
Pressure Gas Transmission Pipeline;
18
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
A. except where AgResearch provides written
consent , physical works w ithin the long term
grazing trial site at Ballantrae Hill Country
Research Station site (“Ballantrae Station”),
(being part of the land indicated by property
reference numbers 14, 15 and 16 on Land
Requirement Plan LR-11), the land occupied
for the purposes of construction must not;
A. exceed a maximum area of 4.8 hectares
on the long-term fertiliser and grazing
systems trial;
reduce the number of frame sites on the
long-term fertiliser and grazing systems
trial by more than 15; and
B. reduce that area of a farmlet that makes
up the trial ((as shown on the plan
included as Attachment A to the statement
of evidence of Dr David Horne dated 8
March 2019) by more than 26%.
B. the balance of Ballantrae Station w ill remain
for the use of AgResearch and its lessee;
C. the Requiring Authority w ill consult w ith
AgResearch in determining the location of the
construction works w ithin the long-term
fertiliser and grazing systems trial site.
v. traffic lanes of the roundabouts must be more
than 100 metres from dwellings existing on 31
October 2018;
ivi. traffic lanes must be more than 200 metres from
the dwellings at 49807 State Highway 3 and 75
Hope Road, Woodville existing on 31 October
2018;
C. Condition M2: Outline plan – Palmerston North
to Gisborne Rail Corridor;
D. Condition T1: Outline plan - Te A piti Wind Farm
E. Condition T2: Outline plan – Mangamaire –
Woodville A 110kV National Grid transmission
line;
F. Condition T3: Outline plan – Ballantrae Farm
Research Station; Condition 5D – Works w ithin
the long term grazing trial site at Ballantrae Hill
Country Research Station; and
G. Condition T4: Outline plan – QEII National Trust
open space covenants.
Maximum length of streams able to be disturbed
The maximum length of the bed and vegetated margin
of the follow ing streams (shown on Draw ing C-10) that
may be disturbed by diversion or other physical
modifications must be minimised as far as practicable
and must not exceed:
A. QEII Trust west (stem 7A): [x]m;
B. QEII Trust east (stems 6A, 6B and 6C): [x]m;
C. Stream 7 (stem B): [x]m;
D. Steam 7 (stem C): [x]m;
E. Stream 5 (stem B): [x]m;
F. Stream 5 (stem A): [x]m;
G. Stream 3 (stem A): [x]m;
H. Stream 3 (stem B): [x]m;
I. Stream 2: [x]m: and
J. Stream 1: [x]m.
This Condition is equivalent to
Condition 5(e)(i) in the
Transport Agency version and is
numbered 5B in the S42A
Officers’ version however the
S42A version does not set out
maximum stream lengths to be
disturbed.
The Section 42A Officers’
version includes a note that:
“If this condition is retained the
permitted length of stream
disturbance must be defined
based on comprehensive
assessment of the capacity of
the streams to accommodate
change.”
However, stream lengths have
been determined, and are
included in the Transport
Agency version of conditions.
19
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
vii. in addition to the requirement included in clause
5(e)(iiiv) above, the Requiring Authority must
investigate options to maximise the distance
between the traffic lanes of the western
roundabout (State Highway 3/State Highway 57)
and the dwelling at 1213 Fitzherbert East Road
(existing on 31 October 2018), subject to land
availability, geometric design standards, other
Project requirements (including proximity to
other existing dwellings) and safety audit
processes;
viii the design of the new bridge over the Manawatū
River includes a pedestrian walking facility that
connects to a future public recreation access or
path to the Manawatū Gorge Scenic Reserve (on
the northern bank of the Manawatū River) and, if
reasonably practicable, be developed as a shared
facility;
viix. in addition to the specific matters
addressed in Conditions 26, M1, M2, T1 and T2,
the scope, location and timing of works to
relocate network utilities and any measures
necessary to provide for the identification of,
safety and protection of network utilities (in
consultation w ith the network utility
operator/Council);
viiix. except where Meridian provides written
consent, the Project must not remove more than
two turbines from the Te Āpiti w ind farm;
xi. the maintenance of permanent practical on-going
access to existing and relocated network utilities
and the Te Āpiti w ind farm turbines (where
Maximum area of indigenous vegetation able to be
removed
the maximum area of indigenous vegetation removal or
exotic-dominated seepage wetlands removal must not
exceed the follow ing w ithin the ecosystem types
identified on Designation Plans D-01 to D10the plans
attached as Appendix A to the Statement of Evidence of
Dr Adam Forbes dated 8 March 2019:
a) As a first priority the Project must be designed to
avoid damaging or destroying indigenous
vegetation and habitats within the ecosystem types
identified in the table below .
b) Where the damage or destruction of indigenous
vegetation or habitats cannot be avoided, the
maximum area of indigenous vegetation or exotic-
dominated seepage wetlands removal must not
exceed the follow ing areas w ithin the ecosystems
types identified on the plans attached as Appendix
A to the Statement of Evidence of Dr Adam Forbes
dated 8 March 2019 Designation Plans D-01 to D10:
Ecosystem type Maximum area (ha)
Swamp maire 0.0
Secondary broadleaved forests with
old-growth signatures
3.07
Old-growth treelands 0.41
Kānuka forests (CH4000-4400) 1.0
Kānuka forests (elsewhere in the
designation)
3.520.59
Advanced secondary broadleaved
forests (CH5600-5800)
0.5
This Condition is equivalent to
Condition 5(e)(iii) in the
Transport Agency version and is
numbered 5C in the S42A
Officers’ version and is not
materially different in terms of
outcome.
The S42A Officers’ version
includes further clauses (a), (c)
and (d). The matters included in
clauses (c) and (d) are
addressed in the Transport
Agency version in Conditions
14, 15, 16, 16A and 17. It is
noted that no bats have yet
been detected in the Project
area.
20
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
retained), including reasonable and emergency
access during construction of the Project.
f) the follow ing conditions are also relevant to the
content of an outline plan or outline plans:
i. Condition PN1: Outline plan – Parahaki Island;
ii. Condition M1: Outline plan – Tararua High
Pressure Gas Transmission Pipeline;
iii. Condition M2: Outline plan – Palmerston North to
Gisborne Rail Corridor;
iv. Condition T1: Outline plan - Te Āpiti Wind Farm
iv. Condition T2: Outline plan – Mangamaire –
Woodville A 110kV National Grid transmission
line;
vi. Condition T3: Outline plan – Ballantrae Farm
Research Station; and
vii. Condition T4: Outline plan – QEII National Trust
open space covenants.
Advanced secondary broadleaved
forests (elsewhere in the
designation)
2.430.48
Secondary broadleaved forests and
scrublands (CH6100-6400)
0.86
Secondary broadleaved forests and
scrublands (elsewhere in the
designation)
16.3215.6
Mānuka and kānuka shrublands
(CH6100-6400)
1.22
Mānuka and kānuka shrublands
(elsewhere in the designation)
2.82
Mānuka, kānuka and dDivaricating
shrublands
3.470.33
Old-growth forests (alluvial) 0.15
Old-growth forests (hill country) 1.0
Raupō dominated seepage wetlands
(high value)
0.13
Indigenous-dominated seepage
wetlands (moderate value)
0.561.12
Exotic -dominated seepage wetlands
(low value)
2.74
c) If bat roost/s (identified in accordance with surveying
undertaken in accordance with Condition [15], lizards
(identified in accordance with Condition [14]) or
nesting birds (identified in accordance with Condition
[16]) or rare invertebrates (identified in accordance
w ith Condition [16A]) are present, the maximum area
of habitat for the ecosystem type specified in the
table above must be amended consistent with the
recommendation in the relevant species management
plan developed under the respective condition.
21
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
d) That aAny adjustments to the area of habitat able to
be affected made in accordance with (c) above cannot
increase the area above the maximum limits set out
in the above table.
Advice note: for the area measurements listed in respect
of the old-growth forests (alluvial) and raupo-dominated
seepage wetlands (high value), the maximum areas
specified are based on an assessment that clearance of
those areas would have a less than ‘Very High adverse’
effect under EIANZ, 2018.
Addit ions to the CEDF
a) The Cultural and Environmental Design Framework
may be amended by making additions to the CEDF to
provide for further cultural and environmental
outcomes and effects management that are identified
prior to detailed design being completed.
Amendments to the CEDF must:
i. Only add further content, and must not delete,
alter or otherw ise amend the provisions and
outcomes in the CEDF at [date of Panel’s
recommendation];
ii. Be undertaken in consultation w ith Project Iw i
Partners;
iii. Be undertaken in consultation w ith the CLG; and
iv. Be completed before the CEDF design review
required by Condition 11 is undertaken.
If the CEDF is amended in accordance with a) above, a
copy of the amended CEDF must be provided to the
Responsible officer of each Territorial Authority, the
Project Iw i Partners, and the CLG. The amended CEDF
must be accompanied by a report that documents how
the requirements of a)(i) to (iv) were met.
The Transport Agency version
includes Condition 5(d) that
provides for the same, or
similar, outcomes as those in
the Officers’ version proposed
Condition 11A w ith the
exception of the S42A Officers’
version also requiring
consultation w ith the CLG.
This Condition is numbered 11A
in the S42A Officers’ version.
The Transport Agency version
does not propose additions
beyond those made by its iw i
partners as the intention is that
the design is developed based
on the CEDF. The detailed
design of the project is subject
to consultation w ith the CLG
through condition 8b).
22
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Works within the long term grazing trial site at
Ballant rae Hill Country Research Station
a) Except where AgResearch provides written consent,
physical works w ithin the long term grazing trial
site at Ballantrae Hill Country Research Station site
(“Ballantrae Station”), (being part of the land
indicated by property reference numbers 14, 15
and 16 on Land Requirement Plan LR-11), must not:
A. exceed a maximum area of 4.8 hectares; and
B. reduce that area of a farmlet that makes up the
trial ((as shown on the plan included as
Attachment A to the statement of evidence of
Dr David Horne dated 8 March 2019) by more
than 26%.
This condition equivalent to
Condition 5(e)iv) and
differences are limited to
further amendments to the
Transport Agency version (in
purple) that are a result of
further information provided to
the Hearing Panel.
This Condition is numbered 5D
in the S42A Officers’ version.
The S42A Officers’ version
notes that this “Condition will
need to be reviewed once Panel
has determined the matter.”
Separation from existing dwellings
a) The Project must be designed and constructed so
that traffic lanes are:
i) in the case of roundabouts, at least 100 metres
from dwellings existing on 31 October 2018; and
ii) in all cases, at least 200 metres from the
dwellings at 49807 State Highway 3 and 75 Hope
Road, Woodville existing on 31 October 2018.
b) In addition to the requirement included in clause a)
above, the Requiring Authority must maximise the
distance between the traffic lanes of the western
roundabout (State Highway 3/State Highway 57) and
the dwelling at 1213 Fitzherbert East Road (existing
on 31 October 2018), subject to land availability,
geometric design standards, other Project
requirements (including proximity to other existing
dwellings) and safety audit processes.
No material difference. The
Transport Agency requires the
same separations in Condition
5(e)(v), (vi) and (vii).
This Condition is numbered 19A
in the S42A Officers’ version.
New Manawatu River Bridge The Transport Agency version at
clause (e)(viii) provides for a
23
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
The new Manawatu River Bridge must include a
“pedestrian view ing platform(s)” providing unobstructed
views both upstream and downstream. The view ing
platform(s) must be physically separated from the
carriageway for pedestrian safety reasons. The view ing
platform(s) must have direct access for pedestrians from
the Manawatu Gorge Scenic Reserve carpark.
pedestrian facility on the new
Manawatū River bridge. The
CEDF seeks that opportunities
for view ing platforms that
provide unobstructed views are
explored “in the vicinity” of the
bridge.
The S42A Officer’s version
requires “pedestrian view ing
platform(s)” on the new bridge.
The design of the bridge may
be able to accommodate a
view ing platform but this detail
is not known and so this
condition is not included. The
aspiration is included in the
CEDF.
This Condition is numbered 26F
in the Section 42A Officers’
version.
5E. Erosion and sediment control measures
All Erosion and sediment control measures shall
be designed, constructed and maintained in accordance
w ith Auckland Council GD05 “Erosion and Sediment
Control Guide for Land Disturbing Activities in the
Auckland Region”, June 2016 (GDO5).
The Transport Agency does not
include an equivalent proposed
condition as these matters w ill
be covered in separate and
subsequent resource consent
process dealing w ith discharges
to ground and water.
24
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Engagement and Part icipation
6. Community Liaison Person
a) A Community Liaison Person must be appointed by the Requiring Authority as the main and readily accessible
point of contact for persons affected by construction works for the duration of the construction phase of the
Project.
b) The Community Liaison Person is to be available by telephone during reasonable hours per day (for example,
6am to 10pm), seven days per week, determined in consultation w ith the Community Liaison Group.
c) If the Community Liaison Person is not available for any reason, an alternative person must be nominated.
d) In consultation w ith the Community Liaison Group, tThe Requiring Authority must take appropriate steps to
advise the Community Liaison Person’s name, telephone and email contact details, so that all members of the
community can access the contact details.
Nil
7. Communications Plan
a) Prior to the commencement of construction
activities, the Requiring Authority must prepare a
Communications Plan that sets out procedures
detailing how the public, stakeholders and residents
w ill be communicated with throughout the
construction of the Project.
b) The Communications Plan must accompany any
relevant outline plan prepared in accordance with
Condition 5.
c) As a minimum, the Communications Plan must
include:
i. Details of the Project Community Liaison Person
(Condition 6), including the ways in which their
contact details w ill be found, such as on the
Project website and at site access points.
ii. A list of stakeholders, organisations, businesses
and residents who w ill be communicated with.
iii. Methods of consultation and matters to be
discussed, including:
Communications Plan
a) Prior to the commencement of construction activities,
the Requiring Authority must prepare a
Communications Plan that sets out procedures
detailing how the public, stakeholders and residents
w ill be communicated with throughout the
construction of the Project.
b) The Communications Plan must accompany any
relevant outline plan prepared in accordance with
Condition 5.
c) As a minimum, the Communications Plan must
include:
i. Details of the Project Community Liaison Person
(Condition 6), including the ways in which their
contact details w ill be found, such as on the
Project website and at site access points.
ii. A list of stakeholders, organisations, businesses
and residents who w ill be communicated with.
iii. Methods of consultation and matters to be
discussed, including:
The S42A Officers’ version at
(c)(iii)(B), (G) and (H) requires
information from other
management plans to be
duplicated in this management
plan (which would properly be
developed as part of the
consultation process.
The Transport Agency version
instead targets engagement
through the CLG in respect of
the matters listed.
The Section 42A Officers’
version requires the
Communications Plan to include
an approach to including public
feedback on the CEDF. The
Transport Agency version ‘locks
in’ the CEDF (w ith the exception
of Project Iw i Partner input
provided for by Condition 5(d)).
Instead the CLG w ill be
25
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
A. proposed hours of construction activities
where these are outside of normal working
hours or on weekends or public holidays,
including night-time heavy vehicle
movements;
B. methods to deal w ith concerns raised about
such hours;
C. methods to provide early notification to
businesses of construction activities,
particularly any such activities that w ill or may
impact on Saddle Road (and use of Saddle
Road for traffic);
D. methods to communicate on any temporary
traffic management measures, including
disruption of, or changes to, pedestrian and
cycling routes and the reinstatement of those
routes disrupted by closure of State Highway
3 through Manawatū Gorge (such as the
Saddle Road/Pahīatua cycleway route); and
E. methods to communicate on any disruption
of, or changes to, access to the Manawatū
Gorge Scenic Reserve walkways (and/or the
Manawatū Gorge Scenic Reserve car park
during construction.
iv. Details of communication activities proposed
including:
A. publication of newsletters, or similar, and
proposed delivery areas;
B. information days, open days or other
mechanisms to facilitate community
engagement;
C. newspaper advertising;
D. notification and consultation w ith business
owners and operators and individual property
A. proposed hours of construction activities
where these are outside of normal working
hours or on weekends or public holidays;
B. proposed routes for construction vehicles,
including the total number of vehicles,
proportion of heavy vehicles and the times of
day these routes w ill be used;
C. B.methods to deal w ith concerns raised about
such hours;
D. C.methods to provide early notification to
businesses of construction activities,
particularly any such activities that w ill or
may impact on Saddle Road (and use of
Saddle Road for traffic);
E. D.methods to communicate on any
temporary traffic management measures,
including disruption of, or changes to,
pedestrian and cycling routes and the
reinstatement of those routes disrupted by
closure of State Highway 3 through
Manawatu Gorge (such as the Saddle
Road/Pahiatua cycleway route); and
F. E.methods to communicate on any disruption
of, or changes to, access to the Manawatu
Gorge Scenic Reserve walkways (and/or the
Manawatu Gorge Scenic Reserve car park
during construction;
G. detailed design of landscaping, rest areas,
view ing points, and public access / cycleway
/ walkway provision across the new
Manawatū River bridge and to recreation
areas;
consulted on the proposed
design of the Project as per
condition 8.
26
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
owners and occupiers w ith
premises/dwellings w ithin 100 metres of
active construction, and for all businesses,
schools and pre-schools in Woodville and
Ashhurst, and road user groups.
v. Details of the Project website for providing
information to the public.
H. progress of the construction works in
comparison to key project milestones and
the completion date; and
I. how feedback is to be provided into the
“CEDF” design review process.
iv. Details of communication activities proposed
including:
A. publication of newsletters, or similar, and
proposed delivery areas;
B. information days, open days or other
mechanisms to facilitate community
engagement;
C. newspaper advertising;
D. notification and consultation w ith business
owners and operators and individual property
owners and occupiers w ith
premises/dwellings w ithin 100 metres of
active construction, and for all businesses,
pre-schools and schools in Woodville and
Ashhurst, and groups representing cycling
and walking interests in the vicinity of
Woodville, Ashhurst and the Manawatū
Gorge.
v. Details of the Project website for providing
information to the public.
8. Community Liaison Group
a) The Requiring Authority must establish a
Community Liaison Group at least 30 working days
prior to the commencement of construction or at
least 30 working days prior to the completion of the
CEDF (under Condition 11), a LMP (under Condition
12), a CTMP (under Condition 22) or a MGSR
Western Car Park Construction Plan (under
Community Liaison Group
a) The Requiring Authority must establish a Community
Liaison Group no later than 30 working days prior to
beginning detailed design. at least 30 working days
prior to the commencement of construction, or at
least 30 working days prior to the completion of the
CEDF (under Condition 11), a LMP (under Condition
12), a CTMP (under Condition 22) or a MGSR Car Park
Construction Plan (under Condition PN2), a MGSR Car
Material differences are limited
to the purpose of the CLG in
clause (b), and in particular the
situations where information is
shared as opposed to where the
CLG provides input. The
Transport Agency version
distinguishes (in clause (b)(ii))
management plans and design
27
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Condition PN2) (to allow sufficient opportunity for
consultation).
b) The purpose of the Community Liaison Group is to:
i. share information on:
A. detailed design, including planned
landscaping, mitigation works (including
offset and replacement planting) and
construction environmental management
(particularly construction traffic);
B. key project milestones;
C. rest areas or view ing points that are
integrated w ith the Project;
D. opportunities (if any) to integrate the Project
design w ith public access / walkway
opportunities to areas such as the Manawatū
Gorge; and
E. opportunities (if any) for provision of
pedestrian access across the new Manawatū
River bridge to provide views to the
Manawatū Gorge;
ii. provide input to:
A. the preparation of the CEDF, the LMP, the
CTMP and the MGSR Western Car Park Plan;
and
B. the design of the matters listed in Condition
26(b);
iii report on and respond to concerns and issues
raised in relation to construction activities,
particularly in respect of the existing local roads
such as Saddle Road and Pahīatua Track; and
iiiv. provide a forum to assist the Project
teamRequiring Authority to monitor any effects
Park Reinstatement Plan (under Condition PN2A)
whichever is the earliest (to allow sufficient
opportunity for consultation).
b) The purpose of the Community Liaison Group is to:
i. share information and, except for B., provide
input on:
A. detailed design, including planned
landscaping, mitigation works and
construction environmental management
(particularly construction traffic);
B. key project milestones;
C. rest areas or view ing points that are
integrated w ith the Project;
D. opportunities (if any) to integrate the Project
design w ith public access / walkway
opportunities including to areas such as the
Manawatu Gorge; and
E. planting plans (in accordance with Condition
13A) and any amenity planting;
F. opportunities (if any) for provision of
pedestrian access across the new Manawatu
River bridge to provide views to the
Manawatu Gorge;
G. results of the monitoring undertaken to
identify any effects on the community arising
from construction activities; and
H. the design of the walking and cycling
facilities required by Conditions 26B to 26F
“shared path” required by Condition [26D],
and
I. the preparation of the CEDF, the LMP, the
CTMP and the MGSR Car Park Plan;
considerations where the
Conditions requiring specific
CLG input.
28
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
on the community arising from construction
activities.
c) The Community Liaison Group must hold meetings
at least once every three months throughout the
construction period and until six up to twelve
months after follow ing completion of construction
so that on-going monitoring information can be
shared, discussed and responded to (noting that the
Group may decide to meet less frequently or may be
discontinued earlier at the agreement of the
majority of non-Project participants, that is the
majority of members not including the Project
Liaison Person, Requiring Authority representations
and the construction contractor).
d) In addition to the Project Liaison Person and
representatives of the Requiring Authority and the
construction contractor, the Requiring Authority w ill
invite representatives of the follow ing entities (at
least) to be members of the Community Liaison
Group:
i. Ashhurst community (at least 3) and Woodville
community (at least 3), Dannevirke (1),
Palmerston North (1) – noting for accessibility it
may be appropriate for the groups to meet
separately in Woodville and Ashhurst;
ii. local schools and pre-schools, including Ashhurst
School, Te Kōhanga Reo o Atawhai and Woodville
School;
iii. respective Councils, and including Horizons; and
iv. the Department of Conservation;
v. Project Iw i Partners;
vi. Mr Tom Shannon;
vii. Manawatū River Source to Sea; and
J. Additions to the CEDF undertaken in
accordance with Condition 11A.
ii. report on and respond to concerns and issues
raised in relation to construction activities,
particularly in respect of the existing local roads
such as Saddle Road and Pahiatua Track and the
results of noise monitoring required under
Condition [29A]; and
iii. provide a forum to assist the Requiring Authority
to monitor any effects on the community arising
from construction activities.
c) The Community Liaison Group must hold meetings at
least once every three months throughout the
construction period and up to until twelve six months
after follow ing completion of construction so that on-
going monitoring information can be shared,
discussed and responded to (noting that the Group
may decide to meet less frequently or may be
discontinued earlier at the agreement of the majority
of non-Project participants, that is the majority of
members not including the Project Liaison Person,
Requiring Authority representations and the
construction contractor).
d) In addition to the Project Liaison Person and
representatives of the Requiring Authority and the
construction contractor, the Requiring Authority w ill
invite representatives of the follow ing entities (at
least) to be members of the Community Liaison
Group:
i. Ashhurst community (at least 3) and Woodville
community (at least 3), Dannevirke (1),
Palmerston North (1) – noting for accessibility
it may be appropriate for the groups to meet
separately in Woodville and Ashhurst;
29
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
viii. road user group representatives, including
accessibility, cycling and walking group
representatives.
e) The Requiring Authority must prepare an agenda
and record minutes for each meeting.
f) The Requiring Authority must maintain a record of
issues raised by the CLG and the Requiring
Authority’s response to those issues (include
reasons in circumstances where no action is taken).
fg) The Requiring Authority must meet all reasonable
costs associated with resourcing the Community
Liaison Group.
ii. local schools, including Ashhurst School, Te
Ko hanga Reo o Atawhai, and Woodville School2
,
and Learning Adventures;
iii. respective Councils, and including Horizons;
and
iv. the Department of Conservation;
v. tangata whenua; and
vi. road user groups representatives, including
accessibility, representing cycling, walking and
w ider recreation representatives; and interests3
vii. Mr Tom Shannon; and
viii. Manawatū River Source to Sea; and
ix. Road user group representatives, including
accessibility, cycling and walking group
representatives.
e) The Requiring Authority must prepare an agenda and
record minutes for each meeting.
f) The Requiring Authority must maintain a record of
issues raised by the CLG and the Requiring
Authority’s response to those issues (including
reasons in circumstances where no action is taken).
gf) The Requiring Authority must meet all reasonable
costs associated with resourcing the Community
Liaison Group.
hg) The Requiring Authority w ill ensure that the
Community Liaison Group is resourced w ith at least
one person appropriately qualified in social
assessment and community development.
8A - Community Engagement Plan Nil. This Condition is no longer
proposed by the S42A Officers.
2
NZTA, s92A response
3
S42A Planning Report – Chapter 8: social effects
30
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
a) An Engagement Plan must be prepared for the Project
and submitted to the Council w ithin 30 working days of
the Notice of Requirement being confirmed.
b) The Engagement Plan must specify:
i) the detailed design matters that the community
w ill have an opportunity to input to, including but
not limited to:
A. the development of the Manawatū Gorge
Scenic Reserve Carpark Reinstatement Plan
required by Condition PN2 and PN2A;
B. cycling provision along the route of the new
state highway, including the new bridge over
the Manawatū River;
C. cycling and walking provision along existing
roads that w ill be affected by the new road,
including Ashhurst bridge;
D. rest areas and view ing areas;
E. landscaping to address effects on landscape
values and visual amenity;
F. integration w ith w ider recreation / leisure
facilities or planned facilities;
G. construction details, particularly night-time
works and associated traffic;
H. relevant management plans, including the
Construction Traffic Management Plan; and
Noise and Vibration Management Plan required
by Condition x and y;
ii) which groups/representatives of the community
w ill be given the opportunity to input into the
detailed design;
iii) the scope of the community input;
iv) the timeframes for this input; and
31
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
(v) how the outcomes of the community engagement
w ill be evaluated and how adopted amendments
w ill be integrated into the design.
9. Complaints management
a) At all times during construction, the Requiring
Authority must maintain a permanent register of any
public or stakeholder complaints received in relation
to adverse effects of the construction of the Project.
b) The register must include:
i. the name and contact details (if supplied) of the
complainant;
ii. the nature and details of the complaint; and
iii. location, date and time of the complaint and the
alleged event giving rise to the complaint;
iv. the weather conditions at the time of the
complaint (as far as practicable), including w ind
direction;
v. other activities in the area, unrelated to the
Project, that may have contributed to the
complaint;
vi. the outcome of the Requiring Authority’s
investigation into the complaint;
vii. measures taken to respond to the complaint.
c) The Requiring Authority must respond to the
complainant as soon as reasonably practicable, as
appropriate to the urgency of the circumstances,
and w ithin 10 working days at the latest.
Complaints management
a) At all times during construction, the Requiring
Authority must maintain a permanent register of
any public or stakeholder complaints received in
relation to adverse effects of the construction of the
Project.
b) The register must include:
i. the name and contact details (if supplied) of
the complainant;
ii. the nature and details of the complaint; and
iii. location, date and time of the complaint and
the alleged event giving rise to the complaint;
iv. the weather conditions at the time of the
complaint (as far as practicable), including
w ind direction;
v. other activities in the area, unrelated to the
Project, that may have contributed to the
complaint;
vi. the outcome of the Requiring Authority’s
investigation into the complaint;
vii. measures taken to respond to the complaint;
viii. if any action was taken, a description of
measures taken to resolve the issue to which
the complaint relates.
c) The Requiring Authority must respond to the
complainant as soon as reasonably practicable, as
appropriate to the urgency of the circumstances, and
w ithin 10 working days at the latest.
No material difference. The
proposed addition of b)viii.
duplicates b)vii and if included
would infer additional action.
32
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Construction Management
10. Construction Environmental Management Plan
a) Prior to the commencement of construction, the
Requiring Authority must prepare a Construction
Environmental Management Plan (“CEMP”) that sets
out measures that must be implemented to comply
w ith the designation conditions and to appropriately
manage remedy or mitigate any adverse effects of
construction activities.
b) The CEMP must accompany any relevant outline plan
prepared in accordance with Condition 5 and also
include the follow ing suite of management plans:
i. CTMP prepared in accordance with Condition 22;
ii. CNVMP prepared in accordance with Condition
21;
iii. TWVMMP prepared in accordance with Condition
23;
iv. EMP prepared in accordance with Condition 17;
v. LMP prepared in accordance with Condition 12;
and
vi. MGSR Western Car Park Construction Plan
prepared in accordance with Condition PN2A.
c) The CEMP must include (as a minimum):
i. the roles and responsibilities of staff and
contractors;
ii. the Requiring Authority’s ‘Environmental and
Social Responsibility Policy’ environmental
policy basis and relevant regional and district
plan rules and associated performance
standards and conditions (including those
imposed by other authorisations or
Construction Environmental Management Plan
a) Prior to the commencement of construction, the
Requiring Authority must prepare a Construction
Environmental Management Plan (“CEMP”) that sets
out measures that must be implemented required
to comply w ith the designation conditions and to
appropriately manage remedy or mitigate any
adverse effects of construction activities.
b) The CEMP must accompany any relevant outline
plan prepared in accordance with Condition 5 and
Condition 5A and also include the follow ing suite of
management plans:
i. CTMP prepared in accordance with Condition
22;
ii. CNVMP prepared in accordance with Condition
21;
iii. TVMMP prepared in accordance with Condition
23;
iv. EMP prepared in accordance with Condition 17;
v. LMP prepared in accordance with Condition 12;
and
vi. MGSR Car Park Construction Plan prepared in
accordance with Condition PN2.
vii. MGSR Car Park Reinstatement Plan prepared in
accordance with Condition PN2A.
c) The CEMP must include (as a minimum):
i. the roles and responsibilities of staff and
contractors;
ii. the environmental outcomes anticipated to be
achieved by the implementation of the CEMP
including those set out in;
Material differences are:
- The S42A Officers’ version, at
clause (b), lists the MGSR Car
Park Reinstatement Plan as a
further management plan that
makes up the CEMP, whereas
the Transport Agency version
does not require the
Reinstatement Plan (Condition
PN2A) to be developed prior to
the commencement of
construction (and, as such, at
the time the CEMP must be
developed).
- The S42A Officers’ version, at
clause (c)(ii), requires the CEMP
to also include the CEDF and
RMA policy document
references, including relevant
resource consent requirements
(which are separate to the
current process).
- The S42A Officers’ version, at
clause (c)(iii), includes further
clauses ((B) and (G)) requiring
the CEMP to include details of
works in waterways – these are
matters that would more
properly sit w ithin resource
consent conditions.
- The S42A Officers’ version, at
clause (c)(iii), includes a further
requirement in proposed clause
33
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
permissions) that are achieved by the
implementation of the CEMP;
iii. a description of the Project including:
A. the construction programme and staging
approach;
B. construction methodologies;
C. a detailed site layout;
D. the design and management
specifications for all earthworks on-site,
including disposal sites and their
location; and
E. the design of temporary lighting for
construction works and construction
support areas;
F. the approach to the management of
construction waste, taking into account
the waste management hierarchy to
reduce, re-use, recycle and recover, along
w ith responsible disposal of residual
waste;
iv. a description of training requirements for all
site personnel (including employees, sub-
contractors and visitors);
v. environmental incident and emergency
management procedures;
vi. environmental complaints management
measures;
vii. compliance monitoring, environmental
reporting and environmental auditing,
including a requirement to provide the results
or outcomes of monitoring, reporting and
auditing to the Councils requirements;
A. the Requiring Authority’s ‘Environmental
and Social Responsibility Policy’ (2011),
B. by relevant RMA policy documents (by way
of cross reference to these documents),
C. the ECDF, policy basis and
D. relevant performance standards and
conditions of the designation,
E. relevant regional plan rules
F. regional council consents and
G. other permissions and authorisations
granted as part of the Project to be that are
achieved by the implementation of the
CEMP.
iii. a description of the Project including:
A. the construction programme and staging
approach;
B. construction methodologies including
piling and foundation construction in the
vicinity of potentially sensitive habitats
such as wetlands and streams;
C. a detailed site layout;
D. the design and management specifications
for all earthworks on-site, including
disposal sites and their location; and
E. the design of temporary lighting for
construction works and construction
support areas;
F. the approach to the management of
construction waste, taking into account the
waste management hierarchy to reduce, re-
use, recycle and recover, along w ith
responsible disposal of residual waste;
(H) for the CEMP to provide
details of areas of vegetation or
habitats that are to be protected
and any buffers required around
those areas, while the Transport
Agency version addresses the
same matters in Condition 17.
- The S42A Officers’ version, at
clause (d), requires (“must”) the
CEMP to be updated to
incorporate regional resource
consent requirements, whereas
the Transport Agency provides
the ability to do so (“may”). This
may create an additional
administrative burden, w ith no
clear benefit.
- The Transport Agency version
includes a requirement for the
Councils to review , in draft
form, the CEMP (and
accompanying plans).
34
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
viii. the details for emergency contact personnel
who must be contactable 24 hours, 7 days a
week;
ix. site security arrangements;
x. an accidental discovery protocol, where
required by and in accordance with Condition
24;
xi. a requirement for a copy of the CEMP to be
held at all site offices.
xii. methods for amending, augmenting and
updating the CEMP, including, but not limited
to, in response to future resource consent
conditions and as provided for by Condition
5(d).
d) The CEMP may be updated to incorporate any
requirement of regional resource consents.
e) The Requiring Authority must:
i. provide the draft CEMP, including
accompanying management plans listed in
clause (b) of this Condition to the Councils for
review and comment;
ii. allow 15 working days (or lesser by mutual
agreement) for the Councils to undertake the
review required by clause (e)(i);
iii. incorporate in the CEMP (or accompanying
management plans) a response to all review
comments or recommendations made in the
including reasons;
iv. where review comments or recommendations
have not been received w ithin 15 working days,
the Requiring Authority can proceed to submit
an outline plan (including the CEMP).
G. details of any works to be undertaken in or
near waterbodies including any proposed
diversions or reclamations;
H. details of areas of vegetation or habitats
that are to be protected and any buffers
required around those areas.
iv. a description of training requirements for all
site personnel (including employees, sub-
contractors and visitors);
v. environmental incident and emergency
management procedures;
vi. environmental complaints management
measures;
vii. compliance monitoring, environmental reporting
and environmental auditing, including a
requirement to provide the results or outcomes
of monitoring, reporting and auditing to the
Councils requirements;
viii. the details for emergency contact personnel
who must be contactable 24 hours, 7 days a
week;
ix. site security arrangements;
x. an accidental discovery protocol, where required
by and in accordance w ith Condition 24;
xi. a requirement for a copy of the CEMP to be held
at all site offices;.
xii. methods for amending, augmenting and
updating the CEMP, including, but not limited
to, in response to future resource consent
conditions and as provided for by Condition
5(d).
d) The CEMP must be updated to incorporate any
requirements of Regional Council resource consents.
35
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
10A. - Giving effect to the CEMP
Prior to commencement of construction (including
enabling works), and subsequent to any substantive
changes to the CEMP required byto maintain compliance
w ith Condition 10, including for the purposes of
meeting requirements of Regional Council resource
consents, the CEMP must be submitted to the Territorial
Local Authorities for technical certification. Certification
may be undertaken as part of the Outline Plan approval
process where the CEMP is submitted w ith an Outline
Plan in accordance with Condition 5 or [5A].
Nil. This Condition is no longer
proposed by the S42A Officers.
Landscape, Visual Amenity and Nat ural Character
11. Cult ural and Environmental and Cultural Design
Framework
Any outline or plans prepared and submitted in
accordance with section 176A of the RMA, and
consistent w ith Condition 5, must describe the
outcomes of a review of the particular design or
construction matter being addressed through the
completion of the ‘design review template’ (attached as
Appendix B to the CEDF) to demonstrate how the design
outcomes set out in the CEDF are achieved, including by
reference to supporting design documents and
management plans, including the LMP and EMP required
by Condition 12 and Condition 17 respectively.
Prior to the commencement of construction, the
Requiring Authority must review and update the
preliminary ECEDF. The updated ECEDF must:
a) be prepared by a suitably qualified and experienced
person;
b) accompany any relevant outline plan prepared in
accordance with Condition 5;
Cult ural and Environmental and Cultural Design
Framework
Prior to the commencement of construction, the The
Requiring Authority must complete an CEDF design
review which incorporates the template that is attached
as Appendix B to the preliminary CEDF review and
update the preliminary ECDF no later than 30 working
days prior to completing the final detailed design. The
completed design review updated ECDF must:
a) be prepared by a suitably qualified and experienced
person;
b) accompany any relevant outline plan prepared in
accordance with Condition 5;
c) be prepared in accordance with the NZ Transport
Agency’s:
i. ‘Urban Design Guidelines: Bridging the Gap
(2013)’;
ii. ‘Landscape Guidelines (Final Draft) September
2014’; and
iii. ‘Bridge Manual (Third Edition, 2016)’;
Both versions require a design
review to be undertaken,
recorded (using the CEDF
Appendix B template) and
provided as part of the outline
plan process.
The S42A Officers’ version
includes additional matters in
proposed clauses (c) and (e).
These are included in the CEDF
so need not be replicated in the
condition itself.
The S42A Officers’ version
requires the design review to be
completed prior to the
completion of final detailed
design.
The S42A Officers’ version
provides for the design review
to take into account the
outcomes of consultation which
repeats the requirements of
36
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) be prepared in accordance with the NZ Transport
Agency’s:
i. ‘Urban Design Guidelines: Bridging the Gap
(2013)’;
ii. ‘Landscape Guidelines (Final Draft) September
2014’; and
iii. ‘Bridge Manual (Third Edition, 2016)’;
d) take into account the outcomes of consultation with
tangata whenua, the Community Liaison Group
established under Condition 8, the Department of
Conservation, the Councils, Horizons, the QEII
National Trust, the Te Āpiti Manawatū Gorge
Governance Group and Meridian; and
e) demonstrate as a minimum, including through the
completion of the design review template (attached
as Appendix B to the preliminary ECEDF) how the
‘Emerging Design Outcomes’ in Chapter 3 of the
preliminary ECEDF are achieved. This may be by
reference to supporting design documents and
management plans, including the LMP and EMP
required by Condition 12 and Condition 17
respectively; and
f) include design outcomes that are specific to the
area around the western and eastern roundabouts
and that provide a description of landscape design
for the purpose of signalling a change in speed
environment and encouraging road users to
accelerate and brake gradually.
ca) demonstrate, as a minimum, including through the
completion of the design review template (attached as
Appendix B to the preliminary CEDF), how the ‘Corridor
Design Principles’ in Chapter 2 and the ‘Emerging
Design Outcomes’ in Chapter 3 of the CEDF are given
effect to in the Project design. This must be by
reference to supporting design documents and
management plans, including the LMP and EMP required
by Condition 12 and Condition 17 respectively.
d) take into account the outcomes of consultation w ith
tangata whenua, the Department of Conservation, the
Territorial Authorities Councils, Horizons Manawatu-
Whanganui Regional Council, the QEII National Trust, the
Te A piti Manawatu Gorge Governance Group, the
Community Liaison Group established under Condition 8
and Meridian that has occurred since preparation of the
Preliminary ECDF submitted w ith the NOR application;.;
and and
e) include design outcomes that are specific to the area
around the western and eastern roundabouts and that
provide a description of landscape design for the
purpose of signalling a change in speed environment
and encouraging road users to accelerate and brake
gradually; and
e) demonstrate how the design is consistent w ith the
conditions of this designation.
demonstrate as a minimum, including through the
completion of the design review template (attached as
Appendix B to the preliminary ECDF) how the ‘Emerging
Design Outcomes’ in Chapter 3 of the preliminary ECDF
are achieved. This may be by reference to supporting
design documents and management plans, including the
LMP and EMP required by Condition 12 and Condition 17
respectively.
other conditions (relating to the
preparation of management
plans, the outline plan process
and the CLG). The Transport
Agency’s view and experience is
that consultation on detailed
design matters / outcomes is
more meaningful and helpful
than consulting on design
frameworks.
37
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
12. Landscape Management Plan
Prior to the commencement of construction, the
Requiring Authority must prepare a Landscape
Management Plan (“LMP”) to address the potential
adverse effects of the Project on landscape, visual
amenity and natural character values. The Landscape
Management Plan forms part of the CEMP required by
Condition 10 and must:
a) be prepared by a suitably qualified and experienced
person;
b) accompany any relevant outline plan prepared in
accordance with Condition 5;
c) be consistent w ith, and implement the outcomes of,
the ECEDF, including as updated prepared in
accordance with Condition 11;
d) take into account the outcomes of consultation with
the Project Iw i Partners tangata whenua, the
Community Liaison Group established by Condition
8, the Department of Conservation, the Councils,
Horizons, the QEII National Trust, the Te Āpiti
Manawatū Gorge Governance Group and Meridian;
and
e) as a minimum:
i. describe how permanent works, such as
earthworked areas, are integrated into the
surrounding landscape and topography,
including (but not limited to) the restoration of
areas used for temporary work and construction
yards and the opportunity for the permanent
exposure of valuable geological profiles to
provide geosites;
ii. describe how vegetation that is to be retained is
identified and protected and retired from
Landscape Management Plan
Prior to the commencement of construction, the
Requiring Authority must prepare a Landscape
Management Plan (“LMP”) to address the potential
adverse effects of the Project on landscape, visual
amenity and natural character values by describing the
integration of the Project’s permanent works into the
surrounding landscape and establishing the
requirements for landscape mitigation works. The
Landscape Management Plan forms part of the CEMP
required by Condition 10 and must:
a) be prepared by a suitably qualified and experienced
person;
b) accompany any relevant outline plan prepared in
accordance with Condition 5;
c) be prepared in accordance with the NZ Transport
Agency’s:
i. ‘Urban Design Guidelines: Bridging the Gap
(2013)’;
ii. ‘Landscape Guidelines (Final Draft) September
2014’;
iii. ‘Bridge Manual (Third Edition, 2016)’;
dc) demonstrate, through the completion of the ‘design
review template’ (attached as Appendix B to the CEDF)
how the design outcomes set out in the CEDF are
achieved; be consistent w ith, and implement the
outcomes of, the ECDF, including as updated in
accordance with Condition 11;
ed) take into account the outcomes of consultation with
tangata whenua, the Department of Conservation, the
Territorial Authorities Councils, Manawatū-Whanganui
Regional Council Horizons, the QEII National Trust, the
Te A piti Manawatū Gorge Governance Group, the
The S42A Officers’ version lists
a range of Transport Agency
design guidance documents in
clause (c). The Transport
Agency version does not list
these documents, however the
CEDF describes in greater detail
how these guidance documents
direct design.
The S42A Officers’ version
requires the completion of the
‘design review template’
included in the CEDF. The same
outcome is achieved by the
Transport Agency’s Condition
11.
The Transport Agency version
includes a further property in
clause (f), as agreed w ith
Meridian.
The S42A Officers’ version
includes a future sub-clause (v)
in clause (f) that provides for
planting w ithin areas of existing
vegetation habitat types that are
expected to grow higher than
1.5m in the Te Āpiti w ind farm
site. In this regard, the S42A
Officers’ version notes “that this
condition is still being
negotiated with Meridian and
this suggested change will need
to be taken into account in
those discussions”. This
38
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
grazing, including by physical protection through
stock exclusion and fencing;
iii. with reference to the ‘Landscape Sectors and
Focus Areas’ set out in Chapter 4 of the
preliminary ECEDF, describe proposed planting
including:
A. plant species, plant/grass mixes, seed/plant
sources and sizes (at time of planting);
B. plant layout, spacing and densities;
C. planting methods, including ground
preparation, mulching and any trials;
D. plant and animal pest management
strategies;
E. a planting programme that is staged w ith
reference to the construction programme and
requires planting to be completed within the
three planting seasons of the completion of
construction in any given Landscape Sector;
and
F. measures to monitor and manage all planting
so that plants establish and those that fail to
establish are replaced over a 5 year period or
in the case of mass plantings, until 80%
canopy cover is achieved;
G. the nature and location of planting to
stream/riparian and wetland margins to
restore natural character values;
iv. describe proposed planting at 75 Hope Road,
developed in consultation w ith the owners of 75
Hope Road, to screen views of the new road;
v. subject to reasonable access and land
availability, describe the design and landscape
Community Liaison Group established by Condition 8
and Meridian; and
fe) as a minimum:
a) describe how permanent works, such as earthworked
areas, are integrated into the surrounding landscape
and topography, including (but not limited to) the
restoration of areas used for temporary work and
construction yards and the permanent exposure of
valuable geological profiles to provide geosites;
b) describe how vegetation that is to be retained is
identified and protected and retired from grazing,
including by physical protection through stock
exclusion and fencing;
c) with reference to the ‘Landscape Sectors and Focus
Areas’ set out in Chapter 4 of the preliminary CEDF,
describe proposed planting including:
A. plant species, plant/grass mixes, seed/plant
sources and sizes (at time of planting);
B. plant layout, spacing and densities;
C. planting methods, including ground
preparation, mulching and any trials;
D. plant and animal pest management
strategies;
E. a planting programme that is staged w ith
reference to the construction programme and
requires planting to be completed within the
three planting seasons of the completion of
construction in any given Landscape Sector;
and
F. measures to monitor and manage all planting
so that plants establish and those that fail to
establish are replaced over a 5 year period or
suggested change has not been
agreed w ith Meridian.
39
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
treatment, developed in consultation w ith the
owners of 1213 Fitzherbert East Road, of an
enhanced earth bund extending along boundary
of 1213 Fitzherbert East Road w ithin the limit of
the works for the purpose of noise mitigation
and screening;
vi. subject to reasonable access and land
availability, describe the design and landscape
treatment of an earth bund (developed in
consultation w ith the owner/s of 49846 State
Highway 3, Woodville) extending along the
roadside boundary of 49846 State Highway 3 for
the purpose of noise mitigation and screening;
vii. confirm that the earth bunds required by clause
(e)(v) and (vi) must be completed within a year of
construction activities commencing (provided the
land owner agrees and provides reasonable
access, and land is available);
viii. give particular consideration to:
A. the integration of works required by the LMP
w ith the replacement and offset planting
required by Condition 13, and managed by
Condition 17 (such that planting required by
Condition 13 may also be considered to
achieve the outcomes of the ECEDF and LMP;
B. minimising effects of any planting w ithin the
Te Āpiti w ind farm on the w ind environment,
where such effects impact on the power
output of a Te Āpiti w ind farm turbine or
turbine; and
C. opportunities for planting to stream/riparian
and wetland margins to restore natural
character values.
in the case of mass plantings, until 80%
canopy cover is achieved;
G. the nature and location of planting to
stream/riparian and wetland margins to
restore natural character values;
d) describe proposed planting at 75 Hope Road,
developed in consultation w ith the owners of 75
Hope Road, to screen views of the new road;
e) demonstrate: Give particular consideration to:
A. the integration of works required by the LMP
w ith the replacement and offset planting
required by Condition 13, and managed by
Condition 17 (such that planting required by
Condition 13 may also be considered to
achieve the outcomes of the CEDF and LMP;
B. minimising effects of any planting w ithin the
Te A piti w ind farm on the w ind environment,
where such effects impact on the power
output of a Te A piti w ind farm turbine or
turbine; and
C. opportunities for planting to stream/riparian
and wetland margins to restore natural
character values.
) Planting required by the LMP w ithin a portion of the
Te Āpiti w ind farm indicated by property reference
numbers 9, 10, 11, and 12 on Land Requirement Plan
LR-11 must be:
i. w ithin the designation boundary; and
ii. must not exceed a height of 1.5 metres at
maturity;
except where:
iii. the planting is for the restoration of areas subject
to QEII Trust open space covenants at 31 October
40
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
f) Planting required by the LMP w ithin a portion of the
Te Āpiti w ind farm indicated by property reference
numbers 8, 9, 10, 11, and 12 on Land Requirement
Plan LR-11 must be:
i. w ithin the designation boundary; and
ii. must not exceed a height of 1.5 metres at
maturity;
except where:
iii. the planting is for the restoration of areas
subject to QEII Trust open space covenants at 31
October 2018 and shown on Plan C-06 (where
the planting is in of a similar location scale and
as exists on 31 October 2018 and Meridian is
consulted in respect of the species proposed to
be planted); or
iv. the requirements of clauses (i) or (ii) are not met
and Meridian Energy Limited provides the
Requiring Authorty w ith its written consent to
such planting.
2018 and shown on Plan C-06 (where the planting
is in of a similar location scale and as exists on 31
October 2018 and Meridian is consulted in
respect of the species proposed to be planted); or
iv. the requirements of clauses (i) or (ii) are not met
and Meridian Energy Limited provides the
Requiring Authorty w ith its written consent to
such planting; or
v. the planting is w ithin areas of existing vegetation
habitat types that are expected to grow higher
than 1.5m.
Noise bunds
a) An earth bund must be designed and constructed
for 1213 Fitzherbert East Road for the purpose of
mitigating and screening the property from
operational road noise. The design must be
undertaken in consultation w ith the
owners/occupiers of the property.
b) An earth bund must be designed and constructed for
49846 State Highway 3, Woodville, for the purpose of
mitigating and screening the property from
operational road noise. The design must be
undertaken in consultation w ith the
owners/occupiers of the property.
c) A suitably qualified and experienced person shall
design the noise bunds provided for 1213 Fitzherbert
East Road and 49846 State Highway 3 required by a)
and b) to ensure that the best practicable option is
adopted to mitigate heavy vehicle engine braking
noise effects on these properties.
No material difference. The
Transport Agency version
provides for same outcome in
Condition 12(e)(v) and (vi).
The Transport Agency version
includes a timeframe for
implementation, while the S42A
Officers’ version requires the
design to be undertaken by a
suitably qualified and
experienced person.
This Condition is numbered
12A in the S42A Officers’
version.
Terrest rial Ecology
13. Replacement and offset planting
Replacement and offset planting must:
Replacement and offset planting
Replacement and offset planting must:
Material differences are limited
to:
41
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
a) be provided in accordance with the environmental
compensation ratios (“ECRs”) in the follow ing table,
except that where vegetation clearance is less than
the maximum area, the minimum area for
replacement planting can be revised proportionately
and in accordance with the environmental
compensation ratios (“ECR”) applied to slope-
corrected measures of affected vegetation:
Ecosystem
type
Maximum
area (ha)
ECR Replaceme
nt/ offset
planting
area (ha)
Replacement planting
Secondary
broadleaved
forests with old-
growth
signatures
3.07 5 15.35
Old-growth
treelands
0.41 5 2.05
Kānuka forests 4.521.59 5 22.67.95
Advanced
secondary
broadleaved
forests
2.930.98 45 11.724.88
Secondary
broadleaved
forests and
scrublands
16.3246 3 48.9649.38
Mānuka and
kānuka
shrublands
4.04 1.5 6.06
Mānuka, kanuka
and
4.120.33 13 4.120.99
a) be provided in accordance with the environmental
compensation ratios (“ECRs”) set out in the follow ing
table., except that wWhere vegetation or habitat
clearance is less than the maximum area (in Column A),
the minimum area of for replacement planting must be
calculated by multiplying the slope-corrected area of
affected vegetation by the ratio specified in Column B
for the relevant ecosystem type. can be revised
proportionately and in accordance with the
environmental compensation ratios (“ECR”) applied to
slope-corrected measures of affected vegetation:
A B C
Ecosystem
type
Maximum
area of
vegetation
or habitat
able to be
damaged or
destroyed
(ha)
Area of
vegetation
or habitat
to be
planted for
every 1
hectare of
vegetation
or habitat
damaged or
destroyed
(ECR) (ha)
Total area
of
vegetation
or habitat
to be
planted
assuming
maximum
area
damaged or
destroyed
(maximum
offset
planting
area) (ha)
Replacement planting
Secondary
broadleaved
forests with
old-growth
signatures
3.07 5 15.35
Old-growth
treelands
0.41 5 2.05
- the Transport Agency version
including a further property in
clause (d), as agreed w ith
Meridian;
- the S42A Officers’ version
including a requirement for the
maximum area of exotic
dominated wetland for removal
to be reviewed, whereas the
Transport Agency version
provides for this review in
proposed Condition 5(e)(iii); and
- the S42A Officers’ version
requires a consideration of
edges and gap planting in
clause (f), whereas the
Transport Agency version
addresses edge and gap
planting in Condition 17.
42
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
dDivaricating
shrublands
Offset planting
Old-growth
forests (alluvial)
0.15 12 1.8
Old-growth
forests (hill
country)
1.0 10 10
Raupō
dominated
seepage
wetlands (high
value)
0.13 4 0.52
Indigenous-
dominated
seepage
wetlands
(moderate
value)
0.561.12 23 1.123.36
Exotic -
dominated
seepage
wetlands (low
value)
2.74 1.5 4.11
b) include the planting of swamp maire at the
follow ing rates:
i. 1:100 swamp maire must be planted where:
A. more than 10% of live growth is pruned
from a swamp maire; and
B. where the extent of pruning is
determined by a suitably qualified
arborist;
ii. 1:200 where a swamp maire inadvertently dies
as a result of nearby construction activities.
Kānuka
forests
4.521.59 5 22.67.95
Advanced
secondary
broadleaved
forests
2.930.98 4 5 11.723.90
4.88
Secondary
broadleaved
forests and
scrublands
16.3246 3 48.9649.38
Mānuka and
kānuka
shrublands
4.04 1 1.5 4.04
Mānuka,
kanuka and
dDivaricating
shrublands
4.120.33 13 4.120.99
Offset planting
Old-growth
forests
(alluvial)
0.15 12 1.8
Old-growth
forests (hill
country)
1.0 10 10
Raupō
dominated
seepage
wetlands
(high value)
0.13 4 0.52
Indigenous-
dominated
seepage
wetlands
0.561.12 3 2 1.122.25
3.36
43
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) include the planting of ramarama at a rate of 1:100
where any ramarama greater than 15 centimetres
tall located outside of the Ramarama Protection
Area (shown on Figure B in the Statement of
Evidence of Dr Forbes dated 8 March 2019) is
removed as a result of construction activities.
d) not be located w ithin a portion of the Te Āpiti w ind
farm indicated by property reference numbers 8, 9,
10, 11, and 12 on Land Requirement Plan LR-11
except where:
i. Meridian Energy Limited provides the Requiring
Authority w ith its written consent to such
planting; or
ii. the planting is for the restoration of areas
subject to QEII Trust open space covenants at
31 October 2018 and shown on Plan C-06
(where the planting is in of a similar location
scale and as exists on 31 October 2018 and
Meridian is consulted in respect of the species
proposed to be planted).
(moderate
value)
Exotic -
dominated
seepage
wetlands
(low value)
2.74 1 1.5 2.74 4.11
b) include the planting of swamp maire at the follow ing
rates:
i. 1:100 swamp maire trees must be planted for
every 1 existing swamp maire tree affected must
be planted where:
A. more than 10% of live growth is pruned
from a swamp maire; and
B. where the extent of pruning is determined
by a suitably qualified arborist;
ii. 1:200 swamp maire trees must be planted for
every 1 existing swamp maire tree where a
swamp maire inadvertently dies as a result of
nearby construction activities, enabling works or
the ongoing operation of the Project.
c) include the planting of ramarama at a rate of 1:100
where any ramarama greater than 15 centimetres
tall located outside of the Ramarama Protection
Area (shown on Figure B in the Statement of
Evidence of Dr Forbes dated 8 March 2019) is
removed as a result of construction activities.
d) not be located w ithin a portion of the Te Āpiti w ind
farm indicated by property reference numbers 9,
10, 11, and 12 on Land Requirement Plan LR-11
except where:
44
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
i. Meridian Energy Limited provides the Requiring
Authority w ith its written consent to such
planting; or
ii. the planting is for the restoration of areas
subject to QEII Trust open space covenants at
31 October 2018 and shown on Plan C-06
(where the planting is of in a similar location
scale and as exists on 31 October 2018 and
Meridian is consulted in respect of the species
proposed to be planted).
e) the maximum area of exotic dominated wetland
able to be damaged or destroyed (in Column A of
the table above) must be updated to include any
additional exotic dominated wetland identified in
the wetland survey undertaken in accordance with
Condition 5(D)(V).
f) determine the quantum of edge effect and quantity
of gap plantings required to address these effects.
[Condition w ill require input from Meridian regarding
replacement and offset planting w ithin the Te Āpiti
w indfarm].
14. Lizards
Prior to the commencement of construction, the
Requiring Authority must prepare a Lizard Management
Plan to manage avoid, remedy or mitigate the potential
adverse effects of the Project on lizards. The Lizard
Management Plan must form part of the EMP required by
Condition 17 and:
a) be prepared by a suitably qualified and experienced
ecologist;
b) take into account the outcomes of any consultation
w ith the Project Iw i Partners tangata whenua and the
Department of Conservation;
Lizards
At least 30 working days Pprior to the commencement
of construction (including enabling works), the
Requiring Authority must prepare, and submit to the
relevant Territorial Authority for technical certification, a
Lizard Management Plan to manage avoid, remedy or
mitigate the potential adverse effects of the Project on
lizards. The certified Lizard Management Plan must form
part of the EMP required by Condition 17 and:
a) be prepared by a suitably qualified and experienced
ecologist;
Material differences are limited
to the S42A Officers’ version
including a requirement for the
Lizard Management Plan to be
prepared prior to enabling
works and for ‘transfer’ to be
included in clause (c).
45
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) describe the methodology for survey, salvage and
release, including the identification of potential
habitats for survey and planned and opportunistic
relocations;
d) identify release sites (which may include the
Manawatū Gorge Scenic Reserve, subject to
permission being granted by the Department of
Conservation) and confirm any works necessary to
protect such sites from predation or disturbance
(when the sites are not in the Manawatū Gorge
Scenic Reserve); and
e) be updated to achieve consistency with any
authorisation given by the Director-General of
Conservation under section 53 of the Wildlife Act
1953 where any such authorisation is required.
b) take into account the outcomes of any consultation
w ith the Project Iw i Partners tangata whenua and the
Department of Conservation;
c) describe the methodology for survey, salvage,
transfer and release, including the identification of
potential habitats for survey and planned and
opportunistic relocations;
d) identify release sites (which may include the
Manawatu Gorge Scenic Reserve, subject to
permission being granted by the Department of
Conservation) and confirm any works necessary to
protect such sites from predation or disturbance
(when the sites are not in the Manawatu Gorge Scenic
Reserve); and
e) be updated to achieve consistency with any
authorisation given by the Director- General of
Conservation under section 53 of the Wildlife Act
1953.
Any changes made to the Lizard Management Plan must
be submitted to the relevant Territorial Authority for
technical certification, at least ten working days prior to
the changes taking effect.
15. Bat s
a) Prior to the commencement of construction and
between the months of November to March, the
Requiring Authority must engage a suitably qualified
and experienced person to undertake a bioacoustic
survey. The survey methodology will be agreed w ith
the Department of Conservation.
b) Where the investigations required by clause (a)
identify the presence of bats in the designation, the
Requiring Authority must prepare a Bat Management
Plan to manage avoid, remedy or mitigate the
potential adverse effects of the Project on bats. The
Bat s
a) Prior to the commencement of construction
(including enabling works), and between the months
of November to March, tThe Requiring Authority
must engage a suitably qualified and experienced
person to undertake a bioacoustic survey prior to the
commencement of construction (including enabling
works) and between the months of November to
March. The survey w ill be undertaken in accordance
w ith a methodology will be agreed w ith the
Department of Conservation.
Material differences limited to
the S42A Officers’ version
including a requirement to
avoid bat roosts.
It is noted that the surveys
required by clause (a) have been
undertaken and the preliminary
outputs from those surveys
have not identified the presence
of bats.
46
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Bat Management Plan must form part of the EMP
required by Condition 17 and:
i. be prepared by a suitably qualified and
experienced ecologist;
ii. take into account the outcomes of any
consultation w ith the Project Iw i Partners
tangata whenua and the Department of
Conservation;
iii. include procedures for bat roost removal
(including measures to retain and monitor any
active roosting site);
iv. where necessary, set out an approach to
habitat replacement and pest control; and
v. be updated to achieve consistency with any
authorisation given by the Director-General of
Conservation under section 53 of the Wildlife
Act 1953 where any such authorisation is
required.
b) Where the investigations required by clause (a)
identify the presence of bats in the designation, the
Requiring Authority must prepare a Bat Management
Plan to manage avoid, remedy or mitigate the
potential adverse effects of the Project on bats. The
Bat Management Plan must form part of the EMP
required by Condition 17 and:
i. be prepared by a suitably qualified and
experienced ecologist;
ii. take into account the outcomes of any
consultation w ith the Project Iw i Partners tangata
whenua and the Department of Conservation;
iii. include procedures to avoid any bat roost/s
removal (including measures to retain and
monitor any active roosting site);
iv. where necessary, set out an approach to habitat
replacement and pest control; and
v. be updated to achieve consistency with any
authorisation given by the Director- General of
Conservation under section 53 of the Wildlife Act
1953.
16. Avifauna
Prior to the commencement of construction, the
Requiring Authority must prepare an Avifauna
Management Plan to manage avoid, remedy or mitigate
the potential adverse effects of the Project on avifauna.
The Avifauna Management Plan must form part of the
EMP required by Condition 17 and:
a) be prepared by a suitably qualified and experienced
ecologist;
b) take into account the outcomes of any consultation
w ith the Project Iw i Partners tangata whenua and the
Department of Conservation;
Avifauna
Prior to the commencement of construction, the
Requiring Authority must prepare an Avifauna
Management Plan to manage avoid, remedy or mitigate
the potential adverse effects of the Project on avifauna.
The Avifauna Management Plan must form part of the
EMP required by Condition 17 and:
a) be prepared by a suitably qualified and experienced
ecologist;
b) take into account the outcomes of any consultation
w ith the Project Iw i Partners tangata whenua and the
Department of Conservation;
No material differences.
47
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) in the Manawatū River riverbed:
i. describe the measures necessary (prior to the
July to March breeding season) to deter black-
fronted dotterels and banded dotterels from
nesting;
ii. set out the methodology for a pre-construction
survey to identify any nesting dotterels;
iii. if nesting dotterels are present, in accordance
with the NZ Transport Agency’s ‘Guidance in
relation to New Zealand dotterels on NZTA land’
dated November 2012require either:
A. require the establishment an exclusion area
around the nesting area w ithin which works
may not be undertaken until nesting activities
are completed; or and
B. provide for the relocation (by herding) of the
dotterels that are not actively nesting, under
the supervision of a suitably qualified and
experienced person;
d) for any vegetation clearance between the months of
September and January in potential whitehead
nesting habitats the old-growth forests (alluvial) and
old-growth forests (hill country), as shown on the
Designation Plans D-01 to D-10:
i. set out the methodology for a pre-construction
survey to identify any nesting whiteheads;
ii. if nesting whiteheads are present, require the
establishment of an exclusion area around the
tree containing the nest and immediately
adjacent trees w ithin which works may not be
undertaken until nesting activities are
completed.
e) for any clearance or mowing of rank grass between
the months of August and March:
c) in the Manawatu River riverbed:
i. describe the measures necessary (prior to the July
to March breeding season) to deter black-fronted
dotterels and banded dotterels from nesting;
ii. set out the methodology for a pre-construction
survey to identify any nesting dotterels;
iii. if nesting dotterels are present, in accordance
with the NZ Transport Agency’s ‘Guidance in
relation to New Zealand dotterels on NZTA land’
dated November 2012 require either:
A. require the establishment an exclusion area
around the nesting area w ithin which works
may not be undertaken until nesting
activities are completed; or and
B. provide for the relocation (by herding) (by
driving away) of the dotterels that are not
actively nesting, under the supervision of a
suitably qualified and experienced person;
d) for any vegetation clearance between the months of
September and January including in the old-growth
forests (alluvial) and old-growth forests (hill country),
scrub, shrublands and exotic forests, as shown on
the Designation Plans D-01 to D-10:
i. set out the methodology for a pre-
construction survey to identify any
nesting whiteheads;
ii. if nesting whiteheads are present,
require the establishment of an
exclusion area around the tree
containing the nest and immediately
177adjacent trees w ithin which works
may not be undertaken until nesting
activities are completed.
48
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
i. set out the methodology for a pre-construction
survey to identify any nesting pipit;
ii. if nesting pipit are present, require the
establishment of an exclusion area around the
nesting area w ithin which works may not be
undertaken until nesting activities are
completed.
f) prior to any works occurring in the raupō dominated
seepage wetlands, as shown on Designation Plan D-
02, set out the methodology for a pre-construction
survey for cryptic bird species. If nesting cryptic bird
species are present, require the establishment of an
exclusion area around the nesting area w ithin which
works may not be undertaken until nesting activities
are completed.
g) consider opportunities to minimise disturbance to
the freshwater ponds located between CH9200 and
CH9600 in order to maintain possible habitat for
Australian coot and New Zealand dabchick.
h) be updated to achieve consistency with any
authorisation given by the Director-General of
Conservation under section 53 of the Wildlife Act
1953 where any such authorisation is required.
d) for any clearance or mowing of rank grass between
the months of August and March:
i. set out the methodology for a pre-construction
survey to identify any nesting pipit;
ii. if nesting pipit are present, require the
establishment of an exclusion area around the
nesting area w ithin which works may not be
undertaken until nesting activities are
completed.
f) prior to any works occurring in the raupo dominated
seepage wetlands, as shown on Designation Plan D-
02, set out the methodology for a pre-construction
survey for cryptic bird species. If nesting cryptic bird
species are present, require the establishment of an
exclusion area around the nesting area w ithin which
works may not be undertaken until nesting activities
are completed.
g) consider opportunities to minimise disturbance to
the freshwater ponds located between CH9200 and
CH9600 in order to maintain possible habitat for
Australian coot and New Zealand dabchick.
h) be updated to achieve consistency with any
authorisation given by the Director- General of
Conservation under section 53 of the Wildlife Act
1953.
16A. Terrest rial Invertebrates
a) Prior to the commencement of construction, the
Requiring Authority must undertake preconstruction
surveys to determine:
i. invertebrate community composition; and
ii. the presence of ‘at risk’ or ‘threatened’ taxa (as
defined by the Department of Conservation’s
New Zealand Threat Classification System).
Terrest rial Invertebrates
a) Prior to the commencement of construction, the
Requiring Authority must undertake preconstruction
surveys to determine:
i. invertebrate community composition; and
ii. the presence of ‘at risk’ or ‘threatened’ taxa (as
defined by the Department of Conservation’s
New Zealand Threat Classification System).
Material differences limited to:
- the S42A Officers’ version
including a direction for surveys
to include successional
shrubland habitats located in
and around chainage 9000-
10000 (proposed clause (b)(iv)
in the Officers’ version). The
same outcome is achieved by
49
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
b) The methodology for the surveys required by clause
(a) must be developed in consultation w ith the
Project Iw i Partners tangata whenua and the
Department of Conservation and w ill:
i. w ill inform any mitigation monitoring and any
offsetting proposed under Condition 17(b);
ii. define the timing and locations of surveys; and
iii. set out the appropriate levels of taxonomic
resolution and/or community composition
indices to be applied.
c) Where the surveys required by clause (a) detect the
presence of ‘at-risk’ or ‘threatened’ taxa, the
Requiring Authority must prepare a Terrestrial
Invertebrate Management Plan to manage avoid,
remedy or mitigate the potential adverse effects of
the Project on terrestrial invertebrates. The
Terrestrial Invertebrate Management must form part
of the EMP required by Condition 17 and:
i. be prepared by a suitably qualified and
experienced ecologist;
ii. take into account the outcomes of any
consultation w ith the Project Iw i Partners tangata
whenua and the Department of Conservation;
iii. outline the optimal timing of vegetation
clearance based on the fauna affected;
iv. where appropriate, describe the methods of
direct invertebrate management;
v. identify areas where measures to manage
construction activities apply;
vi. set out approaches to the restoration of
invertebrate taxa/community composition in
planting and retirement areas required by
b) The methodology for the surveys required by clause
(a) must be developed in consultation w ith the
Project Iw i Partners tangata whenua and the
Department of Conservation and:
i. inform any mitigation monitoring and any
offsetting proposed under Condition 17(b);
ii. define the timing and locations of surveys;
iii. set out the appropriate levels of taxonomic
resolution and/or community composition indices
to be applied; and
iv. must include but not be limited to the
successional shrubland habitats located in and
around chainage 9000-10000.
c) Where the surveys required by clause (a) detect the
presence of ‘at-risk’ or ‘threatened’ taxa, the
Requiring Authority must prepare and submit to the
relevant Territorial Authority for technical
certification, a Terrestrial Invertebrate Management
Plan to manage avoid, remedy or mitigate the
potential adverse effects of the Project on terrestrial
invertebrates. The Terrestrial Invertebrate
Management must form part of the EMP required by
Condition 17 and:
i. be prepared by a suitably qualified and
experienced ecologist;
ii. take into account the outcomes of any
consultation w ith the Project Iw i Partners tangata
whenua and the Department of Conservation;
iii. identify the vegetation or habitats that should be
avoided in the first instance;
iv. outline the optimal timing of vegetation clearance
based on the fauna affected;
the generic processes in clauses
(a) and (b) in both versions;
- the S42A Officers’ version at
proposed clause (c) requiring
‘certification’, while the
Transport Agency version
provides for a pre-submission
review process of the EMP (and
accompanying plans) in
Condition 10; and
- the S42A Officers’ version
requiring the identification of
areas to be avoided (proposed
clause (c)(iii) in the Officers’
version), whereas this is
achieved in the Transport
Agency version by Condition
(a)(iii)(H).
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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Conditions 13 and 17, including but not limited
to:
A. wood disk steeping stones and long grass
corridors;
B. the salvage and transfer of soils, coarse
woody material or debris and leaf litter; and
C. detailed measures to create and/or restore
habitats for populations of ‘at risk’ or
‘threatened’ taxa impacted by the Pproject;
D. monitoring protocol for populations of ‘at
risk’ or ‘threatened’ taxa impacted by the
Project, where monitoring forms part of the
measures determined by Condition 17(b); and
E. biosecurity measures required in carrying out
these activities.
v. where appropriate, describe the methods of direct
invertebrate management;
vi. identify areas where measures to manage
construction activities apply;
vii. set out approaches to the restoration of
invertebrate taxa/community composition in
planting and retirement areas required by
Conditions 13 and 17, including but not limited
to:
A. wood disk steeping stones and long grass
corridors;
B. the salvage and transfer of soils, coarse woody
material or debris and leaf litter; and
C. detailed measures to create and/or restore
habitats for populations of ‘at risk’ or
‘threatened’ taxa impacted by the project;
D. monitoring protocol for populations of ‘at risk’
or ‘threatened’ taxa impacted by the Project,
where monitoring forms part of the measures
determined by Condition 17(b); and
E. biosecurity measures required in carrying out
these activities.
17. Ecological Management Plan
a) Prior to the commencement of construction, the
Requiring Authority must prepare an Ecological
Management Plan (“EMP”) to address the potential
adverse effects of the Project on ecological and
biodiversity values. The EMP forms part of the CEMP
required by Condition 10 and must:
i. be prepared by a suitably qualified and
experienced person, or persons;
ii. accompany any relevant outline plan prepared in
accordance with Condition 5;
Ecological Management Plan
a) Prior to the commencement of construction, the
Requiring Authority must prepare an Ecological
Management Plan (“EMP”) to address the potential
adverse effects of the Project on ecological and
biodiversity values. The EMP forms part of the CEMP
required by Condition 10 and must:
i. be prepared by a suitably qualified and
experienced person, or persons;
ii. accompany any relevant outline plan prepared in
accordance with Condition 5;
Material differences are limited
to:
- the S42A Officers’ version
including, at clause (a)(iii)(C), a
requirement for the preparation
of an Offset Planting and
Management Plan, which is not
included the Transport Agency
version of conditions as such a
plan replicates the requirement
of the EMP itself.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
iii. as a minimum:
A. summarise the terrestrial ecology and
biodiversity values and effects of the Project;
B. take into account the outcomes of any
consultation w ith the Project Iw i Partners
tangata whenua, the Department of
Conservation, the Te Āpiti Manawatū Gorge
Governance Group and any other party having a
direct interest in the land subject to
replacement and offset planting required by
Condition 13;
C. include the bat, lizard, and avifauna and
terrestrial invertebrate management plans
required by Conditions 14, 15, 16 and 16A;
D. detail how vegetation to be removed will
identified on site;
E. set out site staff induction procedures in
respect of ecological requirements, including
measures to prevent the introduction of pest
plants;
F. consider opportunities for:
the reuse of natural materials and felled
trees by the Project Iw i Partners tangata
whenua; and
community participation in planting;
G. provide for the salvage and transfer of soils,
coarse woody material or debris and leaf litter
for use in areas of replacement and retirement
planting;
H. confirm the location of, and extent of, areas for
replacement and offset planting required by
Condition 13, and any retirement areas
identified under clause (b) of this Condition,
iii. as a minimum:
A. summarise the terrestrial ecology and
biodiversity values and effects of the Project;
B. take into account the outcomes of any
consultation w ith the Project Iw i Partners
tangata whenua, the Department of
Conservation, the Te Āpiti Manawatū Gorge
Governance Group and any other party having
a direct interest in the land subject to
replacement and offset planting required by
Condition 13;
C. include the Offset Planting and Management,
bat, lizard and avifauna and terrestrial
invertebrate management plans required by
Conditions 13A, 14, 15, 16 and 16A;
D. detail how vegetation to be removed will
identified on site;
E. set out site staff induction procedures in
respect of ecological requirements, including
measures to prevent the introduction of pest
plants;
F. consider opportunities for:
the reuse of natural materials and felled
trees by the Project Iw i Partners tangata
whenua; and
community participation in planting;
G. provide for the salvage and transfer of soils,
coarse woody material or debris and leaf litter
for use in areas of replacement and retirement
planting;
H. a) confirm the location of, and extent of, areas
for replacement and offset planting required
by Condition 13, and any retirement areas
- the S42A Officers’ version
including, at clause (a)(iii)(H)(XI),
a requirement for the
identification of areas to be
avoided. The Transport Agency
version describes these areas
with reference to the ‘envelope’
conditions; and
- the Transport Agency version
including an additional clause
(b)(iii) in respect of the
management of compensation
and offsetting activities that
have been discussed w ith the Te
Āpiti Governance Group.
52
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
and set out the management of these areas,
including:
legal and physical protection (through stock
exclusion and fencing) in perpetuity;
a requirement for all plants to be eco-
sourced;
a requirement for all planting to be
completed within 3 planting seasons
follow ing the completion of construction;
measures to manage all planting so that
plants establish and those that fail to
establish are replaced;
a requirement for species lists for
divaricating shrubland replacement planting
to include a high representation of the plant
genera Coprosma, Melicytus, Olearia
virgata, Olearia solandri, Muehlenbeckia,
Parsonsia and Rubus, subject to plant
availability;
when w ithin the Te Āpiti w ind farm,
minimising effects of any planting on the
w ind environment, where such effects
impact on the power output of a Te Āpiti
w ind farm turbine or turbines;
canopy gap planting in any areas that are
retired in accordance with clause (b) and any
areas of edge buffer planting;
an animal pest management plan to manage
possums and rats to achieve and maintain a
≤5% residual trap catch/tracking index score
(or equivalent monitoring method);
a plant pest management plan targeting
species that threaten replacement plantings,
identified under clause (b) of this Condition,
and set out the management of these areas,
including:
I. legal and physical protection (through
stock exclusion and fencing) in
perpetuity;
II. a requirement for all plants to be eco-
sourced;
III. a requirement for all planting to be
completed within 3 planting seasons
follow ing the completion of construction;
IV. measures to manage all planting so that
plants establish and those that fail to
establish are replaced;
V. a requirement for species lists for
divaricating shrubland replacement
planting to include a high representation
of the indigenous plant genera/species
Coprosma rhamnoides, Melicytus, Olearia
virgata, Olearia solandri, Muehlenbeckia,
Parsonsia and Rubus, subject to plant
availability;
VI. when w ithin the Te A piti w ind farm,
minimising effects of any planting on the
w ind environment, where such effects
impact on the power output of a Te A piti
w ind farm turbine or turbines;
VII. canopy gap planting in retired any areas
and any areas to address edge effects that
are retired in accordance with clause (I b);
VIII. an animal pest management plan to
manage possums and rats to achieve and
maintain a < 5% residual trap
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
forest regeneration, and/or forest
succession in all planting areas and the
regeneration of any retirement areas;
a requirement that replacement planting,
plant maintenance and plant pest
management continues until 80% canopy
cover is achieved in the planting and any
retirement areas.
Identify areas that are avoided to achieve
the requirements of Conditions 5(e)(i), (ii)
and (iii) and 16A.
b) Taking into account the measures to avoid, remedy,
mitigate or offset adverse ecology effects (and
including the measures to be undertaken as
described in the EMP), the Requiring Authority must,
in consultation w ith the Department of Conservation
and the Project Iw i Partners tangata whenua:
i. determine the extent of any further offsetting or
compensation necessary to achieve a net
indigenous biological diversity gain w ith
reference to the direction given by Policy 13-4 of
the Horizons One Plan;
ii. include a process for any revision of the ECRs set
out in Condition 13;
iii. where further offsetting or compensation is
necessary, this may include (but not be limited
to):
A. the retirement of areas (where available)
w ithin the areas shown for this purpose on
Figure 6.A.9 (in Appendix 6.A to Technical
Assessment 6: Terrestrial Ecology);
B. the retirement of additional areas in an
alternative location, additional offset or
catch/tracking index score (or equivalent
monitoring method);
IX. a plant pest management plan targeting
species that threaten replacement
plantings, forest regeneration, and/or
forest succession in all planting areas and
the regeneration of any retirement areas;
X. a requirement that replacement planting,
plant maintenance and plant pest
management continues until 80% canopy
cover is achieved in the planting and any
retirement areas;
XI. identify any areas to be avoided, that are
identified in accordance w ith Conditions
14, 15, 16 and 16A, as ecological
exclusion zones.
b) Taking into account the measures to avoid, remedy,
mitigate or offset adverse ecology effects (and including
the measures to be undertaken as described in the EMP),
the Requiring Authority must, in consultation w ith the
Department of Conservation and the Project Iw i Partners
tangata whenua:
i. determine the extent of any further offsetting or
compensation necessary to achieve a net indigenous
biological diversity gain w ith reference to the
direction given by Policy 13-4 of the Horizons One
Plan;
ii. include a process for any revision of the ECRs set
out in Condition 13;
iii. where further offsetting or compensation is
necessary, this may include (but not be limited to):
A. the retirement of areas (where available) w ithin
the areas shown for this purpose on Figure 6.A.9 (in
54
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
compensation planting and/or additional pest
management measures;
C. activities described in the ‘Te Āpiti –
Manawatū Gorge Biodiversity Management
Plan’ dated 8 August 2017 including, but not
limited to, items that are consistent w ith the
section 4 of the Plan and the follow ing items
listed in section 6.1 of the Plan:
Weed and animal pest survey and
planning;
Weed control
Animal control
Monitoring and reporting
Biodiversity enhancement
Landscape level linkages
ivii. the required offsetting or compensation
activities must be managed, where appropriate,
in accordance with the management framework
set out in the Ecological Management Plan and
Condition 31.
Appendix 6.A to Technical Assessment 6: Terrestrial
Ecology);
B. the retirement of additional areas in an alternative
location, additional offset or compensation planting
and/or additional pest management measures;
C. activities described in the Te Apiti – Manawatu
Gorge Biodiversity Management Plan’ dated 8
August 2017;
Offset Planting and Management Plan
a) Prior to any works affecting areas of indigenous
vegetation that require replacement and offset
planting in accordance with Condition 13, a Offset
Planting and Management Plan shall be prepared by
a suitably qualified and experienced terrestrial
ecologist that includes:
i. identification of areas including legal
boundaries where offsets are to occur;
ii. Details of the species mix, timing, plant spacing
and layout, and size of the plants at time of
planting;
iii. Specifications for ongoing maintenance and
management of planted areas including pest
management;
iv. Details of planting times and staging where
planting needs to occur over a period of time;
v. Details of planting methods, including ground
preparation, mulching and any trials;
vi. Details of species genetic source and
propagation;
vii. Details of how the potential for bird strike from
vehicles using the road w ill be reduced through
plant species selection and proximity of
planting to the road;
The Transport Agency version at
generally provides for the same
matters in Condition 17(a)(iii)(H)
w ith the exception of specific
direction in respect of:
- the management of bird strike
from vehicles;
- species translocation; and
- the security of funds.
This Condition is numbered 13A
in the S42A Officers’ version.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
viii. Details of any translocation of other species
necessary for that ecosystem type including but
not limited to invertebrates and macrophytes;
ix. Details of legal protection to ensure long term
protection of offset areas;
x. Evidence of secured funds and other resources
to ensure that the offset areas are completed
and maintained;
xi. Fencing and other physical works necessary to
protect planted areas; and
xii. Explanation of how the proposed offsetting
meets the recommendations in the Department
of Conservation Offsetting Guidance and
Maseyk et al. (2018), having particular regard
for ecological equivalence, and the vulnerability,
rarity, and irreplaceability of the affected
habitats.
b) The Offset Planting and Management Plan must be
submitted to the relevant Territorial Authority for
technical certification at least 30 working days prior
to any disturbance to the habitats specified in
Condition 13.
18. At risk or t hreatened flora and fauna discovery
prot ocol
a) In the event of discovery or any ‘at risk’ or
‘threatened’ flora or fauna (as defined by the
Department of Conservation’s New Zealand Threat
Classification System) w ithin the designation that is
not specifically addressed by Conditions 13, 14, 15,
16, 16A or 17, the Requiring Authority must
determine a course of action:
i. based on the advice of a suitably and
experienced qualified ecologist;
At risk or t hreatened flora and fauna discovery
prot ocol
a) In the event of discovery or any ‘at risk’ or
‘threatened’ flora or fauna (as defined by the
Department of Conservation’s New Zealand Threat
Classification System) or significant area of
indigenous habitat or area of significant indigenous
habitat within the designation that is not specifically
addressed by Conditions 13, 14, 15, 16, 16A or 17,
the Requiring Authority must determine a course of
action:
Material differences are limited
to the S42A Officers’ version
including a reference to
‘significant area of indigenous
habitat or area of significant
indigenous habitat’.
This is not included the
Transport Agency version of
conditions as all ecosystems are
identified and mapped and a
process to manage effects on
56
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
ii. w ith reference to the EMP framework;
iii. taking into account the outcomes of any
consultation w ith the Project Iw i Partners
tangata whenua and/or the Department of
Conservation.
b) The Requiring Authority must provide written advice
to Councils setting out the course of action
determined in accordance with clause (a).
i. based on the advice of a suitably qualified and
experienced ecologist;
ii. with reference to the EMP framework;
iii. taking into account the outcomes of any
consultation the Project Iw i Partners tangata
whenua and/or the Department of Conservation.
b) The Requiring Authority must provide written advice
to Councils setting out the course of action
determined in accordance with clause (a).
those through conditions is
proposed.
Construction Noise and Vibration
19. Measurement and assessment – construction noise
Construction noise must, as far as practicable, comply
w ith the follow ing criteria in accordance with NZS
6803:1999:All construction work must be designed and
conducted to ensure that, as far as practicable,
construction noise does not exceed the limits in the
follow ing table. Sound levels must be measured and
assessed in accordance with NZS 6803:1999 Acoustics –
Construction noise as follows (at occupied dwellings):
Time of
Week
Time Period LAeq(15 m in) LAfm ax
Weekdays 0630-0730 55 dB 75 dB
0730-1800 70 dB 85 dB
1800-2000 65 dB 80 dB
2000-0630 45 dB 75 dB
Saturdays 0630-0730 45 dB 75 dB
0730-1800 70 dB 85 dB
1800-2000
0730
45 dB 75 dB
2000-0630 45 dB 75 dB
Measurement Limits and assessment – construction
noise
Construction noise must, as far as practicable, comply
w ith the follow ing criteria in accordance with NZS
6803:1999:
All construction works must be designed and conducted
to ensure that, as far as practicable, construction noise
does not exceed the limits in the follow ing table except
in the circumstances described in Condition [19AB].
Sound levels must be measured and assessed in
accordance with the provisions of NZS 6803:1999
Acoustics – Construction noise.
Time of
Week
Time Period LAeq LAfm ax
Weekdays 0630-0730 55 dB 75 dB
0730-1800 70 dB 85 dB
1800-2000 65 dB 80 dB
2000-0630 45 dB 75 dB
Saturdays 0630-0730 45 dB 75 dB
0730-1800 70 dB 85 dB
Material differences are limited
to the S42A Officers’ version
not including an ‘as far as
practicable’ qualifier and
instead references proposed
Condition 19B in the Officers’
version. This qualifier is
considered to be essential and
is normally included in
construction noise and vibration
management conditions.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Sundays and
Public
Holidays
0630-0730 45 dB 75 dB
0730-1800 55 dB 85 dB
1800-2000
0730
45 dB 75 dB
2000-0630 45 dB 75 dB
1800-2000 45 dB 75 dB
2000-0630 45 dB 75 dB
Sundays and
Public
Holidays
0630-0730 45 dB 75 dB
0730-1800 55 dB 85 dB
1800-2000 45 dB 75 dB
2000-0630 45 dB 75 dB
- Specified Construction noise exceedance
The construction noise limits specified in Condition 19
may be exceeded at dwellings w ithin 200m metres of
the roundabouts proposed at the Ashhurst end and the
Woodville end provided that:
a) The construction works must be undertaken in
accordance with a CNVMP that has been prepared
and certified that specifically identifies measures to
mitigate the construction noise effects on the
dwellings during the periods when the noise limits in
Condition 19 w ill be exceeded; and
b) The CNVMP must:
i. specify how the construction works w ill be
undertaken to minimise the frequency and
duration of any construction noise limits
exceedances; and
ii. what mitigation w ill be provided to address the
noise limit exceedance;
iii. include a complaints management process
designed to resolve concerns raised by affected
dwelling owners and / or occupiers about
construction noise limits exceedances; and
c) The owners and occupiers of the dwellings have been
directly consulted w ith in relation to the anticipated
construction noise exceedances and mitigation
The Transport Agency version
addresses situations where
construction noise limits are
exceeded, including associated
consultation and complaints
management, in the CNVMP
required by Condition 21.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
options, and in the development of the applicable
CNVMP.
20. Measurement and assessment – construction vibration
Construction vibration must, as far as practicable, comply with the follow ing criteria, where:
a) measurement is in accordance with ISO 4866:2010 Mechanical vibration and shock – Vibration of fixed
structures – Guidelines for the measurement of vibrations and evaluation of their effects on structures; and
b) BS 5228-2 is British Standard BS 5228-2:2009 Code of practice for noise and vibration control on construction
and open sites – Part 2: Vibration; and
c) The Category A construction vibration criteria must be complied w ith as far as practicable. If measured or
predicted vibration from construction activities exceeds the Category A criteria, a suitably qualified and
experienced person must assess and manage construction vibration during those activities. If measured or
predicted vibration from construction activities exceeds the Category B criteria those activities must only
proceed if vibration effects on affected buildings are assessed, monitored and mitigated as set out by a suitably
qualified and experienced person.
Receiver Location Details Category A PPV Category B PPV
Occupied PPFs Inside the building Night 2000h to 0630h 0.3 mm/s 1 mm/s
Day 0630h to 2000h 1 mm/s 5 mm/s
Other occupied
buildings
Inside the building Day 0630h to 2000h 2 mm/s 5 mm/s
Unoccupied buildings Building foundation Vibration transient 5 mm/s BS 5228-2 Table B.2
Vibration continuous 50% of BS 5228-2
Table B.2
Nil
21. Construction Noise and Vibration Management Plan
a) Prior to the commencement of construction
activities, the Requiring Authority must prepare a
Construction Noise and Vibration Management Plan
(“CNVMP”) to demonstrate how compliance with the
criteria in Conditions 19 and 20 w ill be achieved for
the duration of construction of the Project.
Construction Noise and Vibration Management Plan
a) Prior to the commencement of construction activities,
the Requiring Authority must prepare a Construction
Noise and Vibration Management Plan (“CNVMP”) to
demonstrate how compliance with the criteria in
Material differences are limited
to the S42A Officers’ version at
proposed clauses (e) and (f)
requires ‘certification’, while the
Transport Agency version
provides for a pre-submission
review process of the CNVMP in
Condition 10.
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NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
b) The CNVMP must be prepared by a suitably qualified
and experienced person and in general accordance
w ith the requirements of Annex E2 of NZS
6803:1999.
c) The CNVMP forms part of the CEMP required by
Condition 10 and must accompany any relevant
outline plan prepared in accordance with Condition
5.
d) The CNVMP must include, as a minimum:
i. a description of the construction work,
anticipated equipment/processes and their
scheduled durations;
ii. set out the likely construction noise emissions;
iii. the hours of operation, including times and days
when activities causing noise and/or vibration
would occur;
iiiv. the construction noise and vibration criteria for
the Project;
iv. identification of affected houses and other
sensitive locations where noise and vibration
criteria apply;
vi. methods and frequency for monitoring and
reporting on construction noise and vibration;
vii. procedures for maintaining contact w ith
stakeholders, notifying or proposed construction
activities and handling noise and vibration
complaints (consistent w ith the Communications
Plan and complaints register);
viii. a description of alternative mitigation strategies
where compliance w ith the criteria in Condition
19 and 20 may not be achieved;
ix. procedures, developed in consultation w ith
Transpower New Zealand Limited, to manage
Conditions 19 and 20 w ill be achieved for the
duration of construction of the Project.
b) The CNVMP must be prepared by a suitably qualified
and experienced person and in general accordance
w ith the requirements of Annex E2 of NZS
6803:1999.
c) The CNVMP forms part of the CEMP required by
Condition 10 and must accompany any relevant
outline plan prepared in accordance with Condition 5
or 5A.
d) The CNVMP must include, as a minimum:
i. a description of the likely construction noise and
vibration emissions;
ii. a description of the construction work, anticipated
equipment/processes and their scheduled
durations;
ii.iii. the hours of operation, including times and
days when activities causing noise and/or
vibration would occur;
iii.iv. the construction noise and vibration criteria for
the Project;
iv.v. identification of affected houses and other
sensitive locations where noise and vibration
criteria apply;
v.vi. methods and frequency for monitoring and
reporting on construction noise and vibration;
vi.vii. procedures for maintaining contact w ith
stakeholders, notifying or proposed construction
activities and handling noise and vibration
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remedy or mitigate any potential adverse effects
in any instances where the construction vibration
criteria set out in Condition 20 might not be
complied w ith in respect of the Mangamaire –
Woodville A 110kV National Grid transmission
line support structures;
x. procedures, developed in consultation w ith
Meridian Energy Limited, to manage remedy or
mitigate any potential adverse effects in any
instances where the construction vibration
criteria set out in Condition 20 might not be
complied w ith in respect of Te Āpiti w ind farm
turbines;
viixi. construction equipment operator training
procedures and expected construction site
behaviours; and
viiiixii. contact numbers for key construction staff, staff
responsible for noise assessment and council
officers.
complaints (consistent w ith the Communications
Plan and complaints register);
viii a description of alternative mitigation strategies
where compliance w ith the criteria in Condition 19
and 20 may not be achieved;
iix. procedures, developed in consultation w ith
Transpower New Zealand Limited, to manage
remedy or mitigate any potential adverse effects
in any instances where the construction vibration
criteria set out in Condition 20 might not be
complied w ith in respect of the Mangamaire –
Woodville A 110kV National Grid transmission line
support structures;
iiix. procedures, developed in consultation w ith
Meridian Energy Limited, to manage remedy or
mitigate any potential adverse effects in any
instances where the construction vibration criteria
set out in Condition 20 might not be complied
w ith in respect of Te Āpiti w ind farm turbines;
viixi. construction equipment operator training
procedures and expected construction site
behaviours; and
viiiixii. contact numbers for key construction
staff, staff responsible for noise assessment and
council officers.
e) The Construction Noise Vibration Management Plan
must be submitted to the relevant Territorial
Authorities for certification at least 10 working days
prior to construction commencing. Certification may
be undertaken as part of the outline plan approval
process in accordance with condition 5 or 5A.
f) All construction work on the Project (including
enabling works) must be undertaken in accordance
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with the Construction Noise Vibration Management
Plan certified in accordance with e).
Construction Traffic
22. Construction Traffic Management Plan
Prior to the commencement of construction, the
Requiring Authority must prepare a Construction Traffic
Management Plan (“CTMP”) to minimise adverse effects
on property access, traffic safety and efficiency as a
result of construction activities. The CTMP forms part of
the CEMP required by Condition 10 and must, as a
minimum:
a) be prepared by a suitably qualified and experienced
person;
b) accompany any relevant outline plan prepared in
accordance with Condition 5;
c) take into account the outcomes of any consultation
w ith the Community Liaison Group established by
Condition 8 and Councils;
d) set out the numbers, frequencies, routes and timing
of construction traffic movements;
e) identify site access routes and access points for
heavy vehicles and describe measures to:
i. monitor and manage, as necessary, the
movements of heavy vehicles on Saddle Road
during peak times;
ii. manage minimise, as far as practicable, any
adverse effects of the movements of heavy
vehicles accessing the site from Hope Road,
including by:
A. restricting vehicle movements to between the
hours of 0730 and 1800; and
B. consulting w ith the owners/occupiers of 29
Hope Road and 75 Hope Road to identify any
Construction Traffic Management Plan
Prior to the commencement of construction, the
Requiring Authority must prepare a Construction Traffic
Management Plan (“CTMP”) to minimise adverse effects
on property access, traffic safety and efficiency as a
result of construction activities. The CTMP forms part of
the CEMP required by Condition 10 and must, as a
minimum:
a) be prepared by a suitably qualified and experienced
person;
b) accompany any relevant outline plan prepared in
accordance with Condition 5 or 5A;
c) take into account the outcomes of any consultation
w ith the Community Liaison Group established by
Condition 8, the Councils and directly affected
parties in relation to clauses g and h (for the
purposes of this condition, directly affected parties
include, but are not limited to, affected houses and
other sensitive locations identified in Condition 21d)
v);
d) set out the numbers, frequencies, routes and timing
of construction traffic movements;
e) identify site access routes and access points for
heavy vehicles and describe measures to:
i. monitor and manage, as necessary, the
movements of heavy vehicles on Saddle Road
during peak times; and
ii. provide for access to the site to be gained (where
possible) from both sides of the Ruahine Ranges;
The S42A version, in clause (c),
requires consultation w ith
directly affected parties in
Ashhurst and Woodville in
respect of night-time heavy
vehicle movements. The
Transport Agency version
provides for this consultation in
Condition 7(c)(iii)(A).
The Transport Agency version
requires the minimising of
heavy vehicle movements at
Hope Road, while the S42A
Officers’ version requires the
avoidance of Hope Road, Oxford
Road and Pinfold Road.
The S42A Officers’ version
include further requirements for
safety matters in proposed
clauses (e)(iv) and (v).
The Section 42A Officers’
version proposes further
clauses in (k) in respect of
providing for pedestrians and
cyclists.
The Transport Agency version
clarifies that clauses (g) and (h)
relate to construction related
heavy vehicles.
The Section 42A Officers’
version includes an advice note.
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further practicable measures to manage
adverse effects on these properties; and
iii. provide for access to the site to be gained (where
possible) from both sides of the Ruahine Ranges;
f) describe methods to manage local and network w ide
effects of the construction of individual elements of
the Project including, as a minimum, the
roundabout connections at Ashhurst and Woodville
including temporary traffic management measures;
g) describe methods to limit the movement of
construction related heavy vehicles through
Ashhurst at night and peak times, including limiting
night-time movements to oversized loads and
essential movements (such as concrete trucks for
continuous pours);
h) describe methods to limit the movement of
construction related heavy vehicles through
Woodville at night, including limiting night-time
movements to oversized loads and essential
movements (such as concrete trucks for continuous
pours);
i) require all heavy construction vehicles to have
effective noise suppression devices for engine
brakes;
hij) give consideration to opportunities to reduce adverse
effects though:
iAi. use of Kiw iRail’s infrastructure to delivery
construction materials the Manawatū River
bridge site;
iiBii. accelerated construction of the Manawatū
River bridge and Hope Road bridge so that
iii. avoid heavy construction traffic using Hope Road,
Oxford Road and Pinfold Road in accordance with
Condition 22A;
iv. provide safe site access onto Saddle Road at Cook
Road and Morgan Road, including safe passing
opportunities on Saddle Road;
v. safely provide for construction traffic and general
traffic at the intersection between SH3 and
Cambridge Avenue.
f) describe methods to manage local and network w ide
effects of the construction of individual elements of
the Project including, as a minimum, the roundabout
connections at Ashhurst and Woodville including
temporary traffic management measures;
g) describe methods to limit the movement of heavy
vehicles through Ashhurst at night and peak times,
including limiting night-time movements to oversized
loads and essential movements (such as concrete
trucks for continuous pours);
h) describe methods to limit the movement of heavy
vehicles through Woodville at night, including
limiting night-time movements to oversized loads
and essential movements (such as concrete trucks for
continuous pours);
i) require all heavy construction vehicles to have
effective noise suppression devices for engine
brakes;
jh) give consideration to opportunities to reduce adverse
effects though:
A. use of Kiw iRail’s infrastructure to delivery
construction materials the Manawatu River bridge
site;
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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these bridges may be used to access the
site;
ijk) set out how the current provision for pedestrian
and cycling activities is maintained;
jkl) detail measures to provide on-going vehicle access
to private and adjacent properties, including the
Te Āpiti w ind farm and the MGSR, and limit the
adverse effects of construction and severance,
including by forming any new permanent accesses
at the earliest opportunity; and
klm) confirm the management approach to loads on
heavy vehicles, including covering loads of fine
material and the timely removal of any material
deposited or spilled on public roads.
B. accelerated construction of the Manawatu River
bridge and Hope Road bridge so that these
bridges may be used to access the site;
ki) set out how the current provision for pedestrians and
cyclists cycling activities is w ill be safely provided for,
including: maintained;
A) provision of cycling and pedestrian passage onto
and across the Ashhurst Bridge, which may be by
way of speed restrictions for motor vehicles,
traffic flow management measures or the addition
of separated cycling and pedestrian facilities; and
B) cycling and pedestrian passage around the
roundabout construction sites at each end of the
Project.
lj) detail measures to provide on-going vehicle access
to private properties, including the Te Āpiti w ind
farm, and limit the adverse effects of construction
and severance, including by forming any new
permanent accesses at the earliest opportunity; and
mk) confirm the management approach to loads on
heavy vehicles, including covering loads of fine
material and the timely removal of any material
deposited or spilled on public roads.
Advice note: Condition h) is in place to ensure that the
potential conflict between site traffic and road traffic
using the passing bays in the vicinity of Morgan and
Cook Roads is resolved prior to construction
commencing. This may neccessitate changes to the
existing passing lanes and potentially compensation for
the loss of passing opportunities elsewhere.
Routing of heavy construction traffic
a) The follow ing roads must not be used as a route for
access for bulk haulage or heavy construction vehicles
w ith three or more axles:
The Transport Agency version at
clause (e)(ii) requires the
minimising of heavy vehicle
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
i) Hope Road;
ii) Oxford Road;
iii) Pinfold Road.
Advice note: Heavy construction traffic should avoid
Hope Road, Oxford Road and Pinfold Road to avoid
noise, safety and effects on amenity of adjoining
residential properties.
movements accessing the site
from Hope Road.
The S42A Officer’s version
repeats the avoidance
requirement included in
proposed Condition 22(e)(iii) of
the Officers’ version.
This Condition is numbered 22A
in the S42A Officers’ version.
Access to the Department of Conservation estate for
maint enance and operational purposes
Access to land owned or administered by the
Department of Conservation for maintenance and
operational purposes must be maintained at all times
during construction and operation of the Project.
No material difference. The
Transport Agency version, at
clause (l) includes a requirement
for the maintenance of access.
This Condition is numbered 22C
in the S42A Officers’ version.
22B. - Construction site access
All construction site accesses must be designed and
maintained in accordance with the ‘Accessway Standards
and Guidelines’ attached as Appendix 5B to the New
Zealand Transport Agency Planning and Policy Manual.
The Transport Agency does not
include an equivalent proposed
condition and consideration of
these issues would fall to be
considered by the Road
Controlling Authority (COPTTM)
and the CTMP.
22D - Light ing of construction site access points
Lighting must be provided at the point of site access to
public roads that are to be used for construction works
during the hours of darkness (between dusk and dawn).
The Transport Agency does not
include an equivalent proposed
condition. Consideration of
these issues would fall to be
considered by the Road
Controlling Authority (COPTTM)
and the CTMP
Tangat a Whenua Values
23. Tangat a whenua values monitoring and management Tangat a whenua values monitoring and management No material difference in
outcome. The Transport Agency
version requires the matters in
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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a) Prior to the commencement of construction, the
Requiring Authority must prepare a Tangata Whenua
Values Monitoring and Management Plan (or Plans).
The Plan (or Plans) must be prepared by a person (or
persons) endorsed by the Project Iw i Partners
tangata whenua.
b) The purpose of the Tangata Whenua Values
Monitoring Plan (or Plans) is to recognise and
provide for the tangata whenua values of the area
and to develop mechanisms and processes to seek
to avoid or minimise potential impacts on those
values through the implementation of agreed
monitoring and mitigation measures.
c) The Tangata Whenua Values Monitoring Plan (or
Plans) must include (but not be limited to):
i. setting out pre-construction activities, including
site dedication;
ii. establishing cultural protocols and procedures
for cultural inductions;
iii. describing specific monitoring activities to be
undertaken;
iv. confirming the roles and responsibilities of
personnel in respect of clauses (i) to (iiiv);
v. approaches to realising opportunities to reuse
natural materials/trees, participation in planting,
fish surveys and/or transfer, species monitoring
and translocation;
vi. setting out the detailed accidental discovery
protocol procedures development under
Condition 24; and
vii. consideration of potential effects on taonga
species, or other species of significance to
tangata whenua, including, but not limited to:
a) Prior to the preparation and submissions of any
outline plan for construction works or enabling
works commencement of construction, the
Requiring Authority must prepare a Tangata Whenua
Values Monitoring and Management Plan (or Plans).
The Plan (or Plans) must be prepared by a person (or
persons) endorsed by the Project Iw i Partners
tangata whenua.
b) The purpose of the Tangata Whenua Values
Monitoring Plan (or Plans) is to recognise and
provide for the tangata whenua values of the area
and to develop mechanisms and processes to seek
to avoid or minimise potential impacts on those
values through the implementation of agreed
monitoring and mitigation measures.
c) The Tangata Whenua Values Monitoring Plan (or
Plans) must include (but not be limited to):
i. setting out pre-construction activities, including
site dedication;
ii. establishing cultural protocols and procedures
for cultural inductions;
iii. describing specific monitoring activities to be
undertaken;
iv. confirming the roles and responsibilities of
personnel in respect of clauses (i) to (iiiv);
v. approaches to realising opportunities to reuse
natural materials/trees, participation in planting,
fish surveys and/or transfer, species monitoring
and translocation;
vi. setting out the detailed accidental discovery
protocol procedures development under
Condition 24; and
clause (c) to be included in
outline plan/s for enabling
works, whereas the S42A
Officers’ version requires the
TWVMMP to be prepared prior
to enabling works outline plan/s
being submitted.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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A. koura;
B. tuna;
C. kererū;
D. parapara (P. brunoniana);
E. tī kōuka;
F. toitoi;
G. karaka;
H. mataī;
I. puku tawai;
J. northern rātā ; and
viii. any other matters or measure to avoid or
mitigate potential impacts on tangata whenua
values, customs and practices.
vii. consideration of potential effects on taonga
species, or other species of significance to
tangata whenua, including, but not limited to:
A. koura;
B. tuna;
C. kererū;
D. parapara (P. brunoniana);
E. tī kōuka;
F. toitoi;
G. karaka;
H. mataī;
I. puku tawai;
J. northern rātā ; and
viii. any other matters or measure to avoid or
mitigate potential impacts on tangata whenua
values, customs and practices.
Archaeology and Historic Heritage
24. Accidental discovery protocol
a) Prior to the commencement of construction
activities, the Requiring Authority must finalise an
accidental discovery protocol to be implemented
in the event of accidental discovery of cultural or
archaeological artefacts during construction of the
Project.
b) The accidental discovery protocol must be
prepared in consultation w ith the tangata whenua
and must include, but not be limited to:
i. details of contractor training regarding the
possible presence of cultural or
archaeological sites or material;
Accidental discovery protocol and archaeological
aut hority
a) b) Prior to the commencement of construction
activities, the Requiring Authority must:
i. obtain any necessary archaeological authorities
required in accordance with s44(a) and granted under
section 48 of the Heritage New Zealand Pouhere Taonga
Act 2014); and
ii. prepare, where one is not already in place as part of
an archaeological authority in accordance with (i),
finalise an accidental discovery protocol to be
implemented, in the event of accidental discovery of
cultural or archaeological artefacts during construction
of the Project.
No material difference. The
Transport Agency version
reflects wording agreed w ith
Heritage New Zealand Pouhere
Taonga.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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ii. general procedures follow ing the accidental
discovery of possible archaeological sites,
kōiw i tangata, w āhi tapu or w āhi taonga,
including the requirement to immediately
cease construction activities in the vicinity
of the discovery and the requirement to
notify parties;
iii. specific procedures in the event that kōiw i
tangata are discovered;
iv. procedures for the custody of taonga
(excluding kōiw i tangata) or material found
at an archaeological site;
v. activities that must be undertaken before
construction activities in the vicinity of the
discovery can recommence, including
appropriate tikanga, recording, recovery of
artefact and consultation.
c) The accidental discovery protocol referred to in
clauses (a) and (b) above does not apply, and need
not be implemented in the event that:
i. an Authority is sought under section 44(a),
and granted under section 48, of the
Heritage New Zealand Pouhere Taonga Act
2014; and
ii. that Authority provides for an accidental
discovery protocol that includes the matters
listed in clauses (a) and (b).
a) Where an area of the designation is not subject to
an archaeological authority (sought under section
44(a), and granted under section 48, of the
Heritage New Zealand Pouhere Taonga Act 2014),
an accidental discovery protocol applies to works
in that area.
c) Any The accidental discovery protocol required
under a) must be prepared in consultation w ith the
tangata whenua and must include, but not be
limited to:
i. details of contractor training regarding the
possible presence of cultural or
archaeological sites or material;
ii. general procedures follow ing the accidental
discovery of possible archaeological sites,
kōiw i tangata, w āhi tapu or w āhi taonga,
including the requirement to immediately
cease construction activities in the vicinity of
the discovery and the requirement to notify
parties;
iii. specific procedures in the event that kōiw i
tangata are discovered;
iv. procedures for the custody of taonga
(excluding ko iw i tangata) or material found
at an archaeological site;
v. activities that must be undertaken before
construction activities in the vicinity of the
discovery can recommence, including
appropriate tikanga, recording, recovery of
artefact and consultation.
d) In the event of kōiw i tangata being discovered,
work must cease immediately in the vicinity of
the remains and the tangata whenua, Heritage
New Zealand Pouhere Taonga, New Zealand Police
and the relevant Territoria l Local Authority must
be contacted.
c) The accidental discovery protocol referred to in
clauses (a) and (b) above does not apply, and need not
be implemented in the event that:
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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b) The accidental discovery protocol must be
prepared prior to the commencement of
construction (including enabling works) and in
consultation w ith tangata whenua and Heritage
New Zealand Pouhere Taonga and must include,
but not be limited to:
i. details of contractor training regarding the
possible presence of cultural or
archaeological sites or material;
ii. general procedures follow ing the accidental
discovery of possible archaeological sites,
kōiw i tangata, w āhi tapu or w āhi taonga,
including the requirement to immediately
cease construction activities in the vicinity of
the discovery and the requirement to notify
parties including, but not limited to,
Heritage New Zealand Pouhere Taonga;
iii. specific procedures in the event that kōiw i
tangata are discovered;
iv. procedures for the custody of taonga
(excluding kōiw i tangata) or material found
at an archaeological site; and
v. activities that must be undertaken before
construction activities in the vicinity of the
discovery can recommence, including
appropriate tikanga, recording, recovery of
artefacts and consultation.
i. an Authority is sought under section 44(a), and
granted under section 48, of the Heritage New
Zealand Pouhere Taonga Act 2014; and
ii. that Authority provides for an accidental
discovery protocol that includes the matters
listed in clauses (a) and (b).
Advice Note: There is reasonable cause to suspect the
presence of unrecorded sites w ithin the Project
designation. Evidence of archaeological sites may
include burnt and fire cracked stones, charcoal, rubbish
heaps including shell, bone and/or glass and crockery,
ditches, banks, pits, old building foundations, dams,
artefacts of Maori and European origin or human burials.
If any activity associated with this Project, such as
earthworks, may modify or destroy any archaeological
site(s) (known or unknown}, an authority (consent} from
Heritage New Zealand Pouhere Taonga must be obtained
for the work to proceed lawfully. Under the Heritage
New Zealand Pouhere Taonga Act 2014, it is illegal to
modify or destroy an archaeological site w ithout
obtaining an archaeological authority from Heritage New
Zealand Pouhere Taonga. Heritage New Zealand Pouhere
Taonga and the relevant Territorial Local Authority
should be contacted prior to work commencing on the
subject property. The relevant Regional Archaeologist
can be contacted at [email protected].
Net work Utilities
25. Electrical safe distances clearances
a) Construction activities and structures must be
designed and undertaken to comply w ith the New
Zealand Electrical Code of Practice for Electrical Safe
Distances (NZECP 34:2001).
Electrical safe distances clearances
a) Construction activities and structures must be
designed and undertaken to comply w ith the New
Zealand Electrical Code of Practice for Electrical Safe
Distances (NZECP 34:2001).
No material difference. The
S42A Officers’ version includes
a consequential reference to
proposed Condition 13A
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b) The planting required by, and managed by,
Conditions 12, 13 and 17 must be selected, located
and managed to ensure that it w ill not result in that
vegetation breaching the Electricity (Hazards from
Trees) Regulations 2003, including at full maturity.
b) The planting required by, and managed by,
Conditions 12, 13, 13A and 17 must be selected,
located and managed to ensure that it w ill not result
in that vegetation breaching the Electricity (Hazards
from Trees) Regulations 2003, including at full
maturity.
included in the Officers’
version.
26. Net work Integration Plan
a) Prior to the commencement of construction, the
Requiring Authority must prepare a Network
Integration Plan (“NIP”). The NIP must: to
i. demonstrate how the Project integrates w ith the
existing local road network (including pedestrian
and cycling facilities) and w ith future, planned,
improvements to the network;
ii. confirm that the Project design does not
preclude the future development of the balance
of the Lindauer Arts Trail (Woodville to Manawatū
Gorge walkway) (to the extent possible, given
that there is no precise plan of the Trail); and
iii. The NIP must be prepared in consultation w ith
the relevant road controlling authority and, as a
minimum, include details of proposed works at
the interface between the State highway and the
local road network, including road surfacing,
road markings and signs; and
iv take into account the outcomes of any
consultation w ith the Community Liaison Group
established by Condition 8.
b) Prior to the opening of the new road:
i. the intersections of State Highway 3 with York
Street and Cambridge Avenue must be improved
to redirect traffic onto the new road;
Net work Integration Plan
a) Prior to the commencement of construction, the
Requiring Authority must prepare a Network
Integration Plan (“NIP”) to demonstrate how the
Project integrates w ith the existing local road
network (at least including the existing sections of
SH3 and SH2 from 1270 Napier Road to the Project
route in Ashhurst and from the Project route to
Pinfold Road in Woodville and including pedestrian
and cycling facilities w ithin that network) and w ith
future, planned, improvements to the network. The
NIP must be prepared in consultation w ith the
relevant road controlling authority and, as a
minimum, include details of proposed w orks at the
interface between the State highway and the local
road network, including road surfacing, road
markings and signs.
b) The NIP must take into account the outcomes of any
consultation w ith the Community Liaison Group
established by Condition 8.
c) The NIP must confirm that the Project design does
not preclude the future development of the balance
of the Lindauer Arts Trail (Woodville to Manawatū
Gorge walkway).
d) Without limitation, the NIP must demonstrate how the
follow ing requirements w ill be met:
bi) Prior to the opening of the new road, the
intersections of State Highway 3 w ith York Street
Material differences are that the
Transport Agency version
provides for the route of the
shared path to be determined
(rather than necessarily being
directly alongside the new
road); the Transport Agency
version requires the shared path
to be provided as soon as
reasonably practicable after the
opening of the new road; the
S42A Officers’ version includes
a bracketed clause that directs
the physical extent of the NIP,
and proposed Condition (d)(iii)
includes a consequential
reference to further proposed
conditions included in the
Officers’ version.
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ii. the existing walkway from Hampson Street,
Woodville must be extended to west of the
eastern roundabout;
iii. pedestrian and cycling facilities must be
provided between the Manawatū Gorge Scenic
Reserve Western car park and the State Highway
3 Ashhurst Bridge; and
iv. the Ashhurst Bridge must be upgraded to
provide improved walking and cycling access,
subject to any necessary resource consents for
the upgrade works being granted.
c) As soon as reasonably practicable, a pedestrian and
cycling facility must be provided between Ashhurst and
Woodville in the form of a separated shared path.
and Cambridge Avenue must be improved to
redirect traffic onto the new road.
ii) Provision of the “shared path” required by
Condition 26D, in accordance with the detailed
design required by Condition 5.
iii) The works required by Conditions 26A, 26B,
26C, 26D, 26E, 26F, 26G, 26H.
e) The Project must be undertaken in accordance with
the NIP.
Prior to the opening of the new road, the Ashhurst
Bridge on State Highway 3 must be improved to provide
a separated pedestrian and cyclist facility.
No material difference.
This Condition is numbered 26B
in the Section 42A Officers’
version and is equivalent to the
Transport Agency version clause
(b)(iv).
Prior to the opening of the new road, a safe, separated,
sealed contraflow shared path must be constructed
along the northern side of SH3 from the intersection of
Cambridge Avenue to the Manawatu Gorge Scenic
Reserve Car Park.
The Transport Agency version at
clause (c) requires a shared path
between Ashhurst and
Woodville to be provided as
soon as practicable after the
opening of the new road;
whereas the S42A Officers’
version would require it to
provided prior to the opening of
the new road. The Transport
Agency does not specify design
standards, w ith those details to
be determined during detailed
design.
This Condition is numbered 26C
in the S42A Officers’ version.
Provision of a shared pat h along the Project route The Transport Agency version at
clause (b)(iii) requires a shared
71
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
No later than the opening of the new road, a sealed
contraflow cycleway and walkway (“shared path”) must
be in place along the entire length of the new road
including across any bridges. The shared path must:
a) be separated from the carriageway of the new road
by, at minimum, a w ire barrier.
b) be designed and constructed in accordance with
Austroads Guide to Road Design Part 6A Appendix A
Figure A1: Bicycle Path Operation Scenario C;
c) have a minimum sealed w idth of at least 3.0 metres
for the entire length of the road;
d) in addition to c) provide a minimum w idth of 0.2m
clearance from any barrier.
path over the length of the
Project.
Material differences limited to
the expression of design
requirements and constraints.
This Condition is numbered
26D in the S42A Officers’
version.
On opening of the new road, and thereafter, safe and
continuous provision must be made for vulnerable road
users travelling along SH3 in Woodville between SH2
(McLean Street) and Woodlands Road including around
or through the proposed Woodlands Road roundabout.
The Transport Agency version at
clause (b)(ii) requires for the
extension of the existing path
at Hampson Street through the
eastern roundabout and does
not preclude the future, yet to
be designed connection
(Lindauer Arts Trail) (clause
(a)(ii)).
The S42A Officer’s version
refers to provision being made
for vulnerable users from
McLean Street, beyond the
Project extents.
This Condition is numbered 26F
in the Section 42A Officers’
version.
26A. Nat ional Code of Practice for Network Utility Operators’ Access to Transport Corridors
All works must be undertaken in accordance with the National Code of Practice for Utility Operators’ Access to
Transport Corridors (September 2016), or any approved update to the Code.
Nil
72
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
This Condition is numbered 25A
in the Section 42A Officers’
version.
26B. Road Safety
The Requiring Authority must provide to the Councils,
w ithin two weeks of their completion, the outcomes of
the detailed design and post-construction road safety
audit processes, which are to be carried out for the
Requiring Authority by a suitably qualified, experienced
and independent road safety audit team. The Requiring
Authority must request that the independent road safety
auditor team expressly consider, amongst other
matters, the safety of the Project in respect of vulnerable
road users.
Road Safety
a) Road safety audits must be carried out for the
Requiring Authority at the detailed design stage and pre-
opening/post-construction stages by a suitably
qualified, experienced and independent road safety
auditor.
b) The Requiring Authority must request that the
independent road safety auditor expressly consider,
amongst other matters, the safety of the Project in
respect of vulnerable road users.
c) The extent of the audit must cover Pinfold Road/SH2
intersection to York Street/SH3 intersection.
d) The Requiring Authority must provide to the Councils,
w ithin two weeks of their completion, the outcomes of
the detailed design and pre-opening/post-construction
stages road safety audit processes.
This Condition is numbered 26I
in the S42A Officers’ version.
26C. Recreational path connections
The Requiring Authority must establish a fund of $1
million to, in consultation w ith the Project Iw i Partners,
Te Āpiti Manawatū Gorge Governance Group, the
Councils, and landowners, undertake the investigation
and, subject to land availability and obtaining any
necessary statutory approvals, construction of
recreational paths that potentially connect to the shared
path required by Condition 26(c). The fund w ill be
available for the duration of the construction period
only.
- The Transport Agency version
introduces a new Condition in
respect of recreational path
connections.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
- Prior to opening of the new road, provision must be
made for safe access for:
i) vehicles at the intersection of SH3 and the Ashhurst
Domain; and
ii) to and from properties along the southern side of SH3
between 1270 and 1328 Napier Road (SH3) where there
is a reduced or no existing flush median.
The Transport Agency does not
include an equivalent proposed
condition.
This Condition is numbered 26A
in the S42A Officers’ version.
26G - Pedestrian crossings in Woodville
On or before opening of the new road, at least one
pedestrian crossing facility must be provided w ithin
each block between Normandy Street and Ross Street in
Woodville. These facilities must provide for pedestrians
to cross Vogel Street in two stages.
For the purposes of this condition a pedestrian crossing
facility is [definition needed].
The Transport Agency does not
include an equivalent proposed
condition.
26H - No later than the opening of the new road, safety and
efficiency improvements must be made to the
intersection of SH2 and SH3 in Woodville to achieve a
Level of Service of D [New Zealand Transport Agency
Planning Policy Manual August 2007 reference to
relevant NZTA standard] or better.
Advice note: The required level of service may require a
range of measures to assist w ith diverting traffic away
from the SH2/SH3 intersection and managing the safety
of those routes, as well as upgrades to the existing
intersection.
The Transport Agency does not
include an equivalent proposed
condition.
74
Construction Conditions (Palmerston North City only)
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Parahaki Island
PN1. Out line plan – Parahaki Island
Where an outline plan, or plans, describes works related
to the bridging of the Manawatū River, including any
piers, abutments and the northern and southern
approaches (and associated construction access), the
Requiring Authority must:
a) consult w ith the Te Ᾱpiti Ahu Whenua Trust for the
purpose of recognising the values of Parahaki Island
and providing for those values including by:
i. minimising, as far as practicable, any impact of
the construction activities or Manawatū River
bridge piers on Parahaki Island;
ii. identifying opportunities to recognise the
historical and cultural significance of Parahaki
Island in the design of Manawatū River bridge and
approaches to the bridge;
iii. identifying opportunities for landscape or
ecological mitigation planting required by
Conditions 12, 13 and 17link to other conditions]
on Parahaki Island.
b) as a minimum, include the follow ing in the outline
plan:
i. details of the consultation undertaken w ith the Te
Āpiti Ahu Whenua Trust, including comments
made in relation to the matters listed in (a) and
any measures taken by the Requiring Authority to
respond to these comments.
Out line plan – Parahaki Island
Where an outline plan, or plans, describes works related
to the bridging of the Manawatū River, including any
piers, abutments and the northern and southern
approaches (and associated construction access), the
Requiring Authority must:
a) consult w ith the Te Ᾱpiti Ahu Whenua Trust for the
purpose of recognising the values of Parahaki
Island and providing for those values including by:
i. minimising, as far as practicable, any impact of
the construction activities or Manawatū River
bridge piers on Parahaki Island;
ii. identifying opportunities to recognise the
historical and cultural significance of Parahaki
Island in the design of Manawatū River bridge
and approaches to the bridge;
iii. identifying opportunities for landscape or
ecological mitigation planting [link to other
conditions] on Parahaki Island.
b) as a minimum, include the follow ing in the outline
plan:
i. details of the consultation undertaken w ith the
Te Āpiti Ahu Whenua Trust, including comments
made in relation to the matters listed in (a) and
any measures taken by the Requiring Authority
to respond to these comments.
No material difference. The
Transport Agency version
updates the reference to other
conditions in clause (a)(iii).
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Recreation and Open Space
PN2. Car park located at the western boundary of the
Manawatū Gorge Scenic Reserve car park
(construction)
a) Prior to any construction works that affect access to
or use of the car park at the western boundary of the
Manawatū Gorge Scenic Reserve car park (western
Car Park), and/or access to the Manawatū Gorge
walking tracks, a ‘Manawatū Gorge Scenic Reserve
Western Car Park Construction Management and
Reinstatement Plan’ (“MGSR Western Car Park
Construction Plan”) must be prepared.
b) The MGSR Western Car Park Construction Plan must
be prepared in consultation w ith the Department of
Conservation, Palmerston North City Council, the Te
Āpiti Manawatū Gorge Governance Group, the Project
Iw i Partners tangata whenua and the Community
Liaison Group established by Condition 8 community
representatives and consistent w ith the design
principles and design outcomes in reference to the
ECEDF.
c) The MGSR Western Car Park Construction Plan must
include, as a minimum:
i. details of how public access will be maintained
over duration of construction activities and ,
including reinstatement works, including limiting
closures to weekdays during the school terms
and to no more than two consecutive working
weeks at a time , including the provision of
sufficient car parks to cater for visitor numbers at
31 October 2018;
ii. the provision of at least the same number of car
parks as the number that exists at 31 October
2018;
Car park located at the western boundary of the
Manawatū Gorge Scenic Reserve car park
a) Prior to any construction works that affect access to
or use of the Manawatū Gorge Scenic Reserve car
park, and/or access to the Manawatū Gorge walking
tracks, a ‘Manawatū Gorge Scenic Reserve Car Park
Management and Reinstatement Plan’ (“MGSR Car
Park Plan”) must be prepared.
b) The MGSR Car Park Plan must be prepared in
consultation w ith the Department of Conservation,
Palmerston North City Council, Te Āpiti Manawatū
Gorge Governance Group, tangata whenua and the
Community Liaison Group established by Condition
8 community representatives and must be
consistent w ith reference to the design principles
and design outcomes in the CEDF.
c) The MGSR Car Park Plan must, include, as a
minimum:
i. Include details of how public access will be
maintained over duration of construction
activities, including reinstatement works. If a
temporary closure to the Manawatu Scenic
Reserve car park is required this must occur
during weekdays. The Department of
Conservation and the respective Territorial Local
Authority must be made aware of the details of
the temporary closure at least 10 working days
prior to the closure occurring. Such closures
must be determined in consultation w ith
authorised by the Department of Conservation
and the relevant Territorial Local Authority.
The Transport Agency version
provides for temporary
measures for access to the
MGSR. Reinstatement is
addressed in Condition PN2A.
The S42A Officers’ version
addresses construction and
reinstatement matters in this
Condition.
In respect of temporary or
construction matters, there is
no material difference in
outcomes achieved by
Condition PN2. Reinstatement
matters included in the S42A
Officers’ version in clause (c)
are addressed in respect of
Condition PN2A below .
Description of the car park
adjusted to reflect fact that it
has no current proper name and
is not part of the Manawatū
Gorge Scenic Reserve being on
land owned by the Transport
Agency and Mr Tom Shannon.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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iii. the provision of at least the same number of
toilet and bike parking facilities that exists at 31
October 2018;
ivii. a Crime Protection Through Environmental
Design (CPTED) Safety Site Assessment;
iv. details of the consultation undertaken under
clause (b) above, including the comments made
and any measures taken by the Requiring
Authority to respond to these matters;
iiv. details of reinstatement of land used for
construction including:
A. removal of structures, plant and materials
associated with construction (unless otherw ise
agreed w ith the landowner);
B. replacement or reinstatement of formal
parking areas, boundary fences, landscaping
and information / signage;
C. reinstatement of grassed areas to a similar
condition as existed prior to construction; and
D. replacement of trees and other planting
removed as part of construction activities.;
and
E.
vi. In undertaking plans for reinstatement works in
clause (v) above, provide details of any way
finding and interpretation signs w ithin and
adjacent to the Manawatū Gorge Scenic Reserve
Western Car Park (including signs to existing the
walking tracks and to any potential opportunities
identified for pedestrian access or viewpoints for
pedestrians view ing opportunities on the new
Manawatū River bridge) and any upcoming
closure information.;
ii. include a Crime Protection Through
Environmental Design (CPTED) Safety Site
Assessment and any measures taken by the
Requiring Authority in response to this
Assessment;
iii. include details of the consultation undertaken
under clause (b) above, including the comments
made and any measures taken by the Requiring
Authority to respond to these matters;
iv. Include details of reinstatement of land used for
construction including:
A. removal of structures, plant and materials
associated with construction (unless
otherw ise agreed w ith the landowner);
B. replacement or reinstatement of formal
parking areas of at least the same size,
number of carparks, condition, and access
provision as existed prior to the works
beginning. The replacement or reinstatement
works must include all weather surfacing,
boundary fencesing, landscaping, cultural
interpretation elements and information /
signage
C. reinstatement of grassed areas to a similar
condition as existed prior to construction;
D. replacement of trees and other planting
removed as part of construction activities;
and
E. Details of security measures including
lighting and electronic monitoring of the area
beneath the new Manawatu River Bridge and
opportunities for public art.
v. In undertaking plans for reinstatement works in
clause (v) above, provide details of any way
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
vii. details of the design of:
A. the pedestrian and cycling facilities between
the Manawatū Gorge Scenic Reserve car park
and the State Highway 3 Ashhurst Bridge
required by Condition 26(b); and
B. the pedestrian walking facility on the new
bridge over the Manawatū River required by
Condition 5(e)(viii).
finding and interpretation signs w ithin and
adjacent to the Manawatū Gorge Scenic Reserve
car park (including signs to existing the walking
tracks and to any potential opportunities
identified for pedestrian access or viewpoints for
pedestrians view ing opportunities on the new
Manawatū River bridge).
vi. Include details of how the carpark facilities w ill
integrate w ith:
A. the pedestrian and cycling facilities between
the Manawatū Gorge Scenic Reserve car park
and the State Highway 3 Ashhurst Bridge
required by Condition 26C; and
B. the pedestrian view ing platform facility on
the new bridge over the Manawatū River
required by Condition 26E.
vii. During any temporary closure periods of the
Manawatu Scenic Reserve Car park, include a
temporary carpark and safe walking access to
the Manawatu Gorge Walking Track to provide
convenient, safe and continuous public access
during the construction phase. The temporary
facilities must be large enough to accommodate
the current and expected number of visitors to
the Gorge Track during the construction period.
The temporary carpark must include appropriate
all-weather surfacing, fencing, signage and
safety and security measures. Details of the
temporary facilities must be provided to the
Department of Conservation and the respective
Territorial Local Authority for consideration and
feedback for approval at least 20 working days
prior to the works beginning.
viii. be consistent w ith the EMP.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
d) All works in and around the Manawatu Gorge Scenic
Reserve car park must be undertaken in accordance
w ith the MGSR Car Park Plan.
PN2A. Car park located at the western boundary of the
Manawatū Gorge Scenic Reserve car park
(reinst atement)
a) Within one year of commencing the construction of
works in the proximity of the car park located on the
western boundary of the Manawatū Gorge Scenic
Reserve car park, a ‘Western Manawatū Gorge Scenic
Reserve Car Park Reinstatement Plan’ (“MGSR Car
Park Reinstatement Plan”) must be prepared.
b) The MGSR Western Car Park Reinstatement Plan must
be prepared in consultation w ith the Department of
Conservation, Palmerston North City Council, the Te
Āpiti Manawatū Gorge Governance Group, the Project
Iw i Partners and the Community Liaison Group
established by Condition 8 and be consistent w ith
the design principles and design outcomes in the
CEDF and planting described in the LMP required by
Condition 12.
c) The MGSR Western Car Park Reinstatement Plan
must, as a minimum:
i. provide for at least the same number of car parks
as the number that exists at 31 October 2018;
ii. provide for at least the same number of toilet and
bike parking facilities that exists at 31 October
2018;
iii. provide for at least the same public access to the
Manawatu River that exists at 31 October 2018;
vi. include Crime Protection Through Environmental
Design (CPTED) Safety Site Assessment;
Reinstatement of the Manawatu Gorge Scenic
Reserve Car Park
Reinstatement of the Manawatu Gorge Scenic Reserve
car park must be in accordance with the approved plans
required under Condition [PN2] and must be completed
no later than opening of the New Road to the
satisfaction of the Department of Conservation and the
respective Territorial Local Authority.
Manawatū Gorge Scenic Reserve car park
(reinst atement)
a) Within one year of commencing the construction of
works in the proximity of the Manawatū Gorge
Scenic Reserve car park, a ‘Manawatū Gorge Scenic
Reserve Car Park Reinstatement Plan’ (“MGSR Car
Park Reinstatement Plan”) must be prepared.
b) The MGSR Car Park Reinstatement Plan must be
prepared in consultation w ith the Department of
Conservation, Palmerston North City Council, the Te
Āpiti Manawatū Gorge Governance Group, the
Project Iw i Partners tangata whenua and the
Community Liaison Group established by Condition
8 and be consistent w ith the design principles and
design outcomes in the CEDF.
c) The MGSR Car Park Reinstatement Plan must, as a
minimum:
i. provide for at least the same number of car
parks as the number that exists at 31 October
2018;
The Transport Agency version
includes reference to the LMP
and includes reinstatement
matters included in earlier
versions of Condition PN2.
Reference to the facilities on the
Manawatū River bridge differ in
expression in the final clause
(B).
Description of the car park
adjusted to reflect fact that it
has no current proper name and
is not part of the Manawatū
Gorge Scenic Reserve, being on
land owned by the Transport
Agency and Mr Tom Shannon.
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
v. incorporate any decisions regarding the future
status of the closed section of State Highway 3
immediately adjacent to the car park existing at
31 October 2018;
vi. take into account the final masterplan prepared
by the Te Āpiti Manawatū Gorge Governance
Group;
vii. describe the reinstatement of land used for
construction including:
A. removal of structures, plant and materials
associated with construction (unless otherw ise
agreed w ith the landowner);
B. replacement or reinstatement of formal
parking areas, boundary fences, landscaping
and information/signs;
C. reinstatement of grassed areas to a similar
condition as existed prior to construction; and
D. replacement of trees and other planting
removed as part of construction activities;
viii. include details of the consultation undertaken
under clause (b) above, including the comments
made and any measures taken by the Requiring
Authority to respond to these matters;
viiix. include details of the design of:
A. the pedestrian and cycling facilities between
the Manawatū Gorge Scenic Reserve Western
car park and the State Highway 3 Ashhurst
Bridge required by Condition 26(b); and
B. the shared pedestrian walking facility on the
new bridge over the Manawatū River required
by Condition 5(e)(viii).
ii. provide for at least the same number of toilet
and bike parking facilities that exists at 31
October 2018;
iii. provide for at least the same public access to
the Manawatu River that exists at 31 October
2018;
vi. include Crime Protection Through Environmental
Design (CPTED) Safety Site Assessment;
v. incorporate any decisions regarding the future
status of the closed section of State Highway 3
immediately adjacent to the car park existing at
31 October 2018;
vi. take into account the final masterplan prepared
by the Te Āpiti Manawatū Gorge Governance
Group;
vii. details of the consultation undertaken under
clause (b) above, including the comments made
and any measures taken by the Requiring
Authority to respond to these matters;
viii. include details of the design of:
A. the pedestrian and cycling facilities
between the Manawatū Gorge Scenic
Reserve car park and the State Highway 3
Ashhurst Bridge required by Condition
26C); and
B. the pedestrian view ing facility on the new
bridge over the Manawatū River required by
Condition 26E.
PN4 - Public access to the Manawatū Gorge Scenic Reserve The Transport Agency version
provides for the matters in
80
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
At all times during the construction period public
access must be provided to:
a) public access must be provided to all Manawatu
Gorge walking tracks; and
b) Aa temporary carpark and safe walking access to
the Manawatu Gorge Walking Track to provide
convenient, safe and continuous public access
during the construction phase. The temporary
facilities must be large enough to accommodate at
least 50 cars the current and expected number of
visitors to the Gorge Track during the construction
period. The temporary carpark must include
appropriate all-weather surfacing, fencing, signage
and safety and security measures. Details of the
temporary facilities must be provided to the
Department of Conservation and the respective
Territorial Local Authority for consideration and
feedback for approval at least 20 working days
prior to the works beginning.
clauses (a) and (b) in Condition
PN2 such that there is no
material difference in outcome.
Construction Conditions (Manawatū District only)
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Net work Utilities
M1. Out line plan – Tararua High Pressure Gas Transmission Pipeline
Where an outline plan, or plans, describes works that traverse the Tararua High Pressure Gas Transmission
Pipeline, the Requiring Authority must:
a) Consult w ith First Gas in order to develop any necessary measure to ensure that no construction activities, and
particularly site access, cause material damage to the pipeline.
b) Include details of the consultation undertaken and any measures to protect the pipeline in the outline plan.
Nil
81
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
M2. Out line plan – Palmerston North to Gisborne Rail Corridor
Where an outline plan, or plans, describes works w ithin or adjacent to the Palmerston North to Gisborne rail
corridor, the Requiring Authority must:
a) Consult w ith Kiw iRail for the purpose of appropriately managing avoiding, remedying or mitigating any
potential adverse effects of the Project (including as a result of access across the corridor) on the continued
operation, maintenance and upgrading of the rail line.
b) Include details of the consultation undertaken and any measures to manage avoid, remedy or mitigate any
potential adverse effects in the outline plan.
c) Set out how any measures to manage avoid, remedy or mitigate any potential adverse effects identified in
accordance with clause (b) may be reviewed and updated, as necessary.
Advice Note: W ritten consent from KiwiRail under section 177(1)(a) of the RMA is required independent of this
condition.
Nil
Construction Conditions (Tararua District only)
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Net work Utilities and Infrast ructure
T1. Out line plan – Te Āpit i Wind Farm
Where an outline plan or plans describes works w ithin the Te Āpiti w ind farm site, the Requiring Authority must:
a) consult w ith Meridian Energy Limited (“Meridian”) for the purpose of designing and constructing the Project to
minimise, as far as practicable, impacts on the w ind farm; and
b) as a minimum, include the follow ing in the outline plan:
i. details of the consultation undertaken under clause (a);
ii. details of on-going access arrangements during construction, including the management of construction
traffic w ithin the w ind farm;
iii. where construction activities (other than for the relocation of services and access) are w ithin 60 metres of
any turbine that is to be retained, advice from a suitably qualified and experienced person in relation to any
potential impact on the safe and efficient operation of that turbine;
Nil. Condition replaced by a new
Condition T1 set out below .
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
iv. confirmation of compliance w ith NZECP 34:2001;
v. details of site management and security; and
vi. arrangements for site inductions and contractor training, including Meridian’s involvement in that training
vii. details of the consultation undertaken w ith Meridian and any measures taken by the Requiring Authority to
respond to these comments.
T1. Te Āpit i Wind Farm
Prior to any construction works, or enabling works,
being undertaken w ithin the portion of the Te Āpiti w ind
farm site indicated by property reference numbers 8, 9,
10, 11, and 12 on Land Requirement Plan LR-11, the
Requiring Authority must prepare a Wind Farm
Management Plan (“WFMP”). The purpose of the WFMP is
set out measures to avoid, where practicable, any to
manage avoid, remedy or mitigate the potential adverse
effects of the Project on w ind farm operations provided
for by the w ind farm resource consent (granted on 3
September 2003) and, where avoidance is not possible,
set out measures to remedy or mitigate such effects.
The WFMP must, as a minimum;
a) be prepared in consultation w ith Meridian;
b) include details of the consultation undertaken,
including measures taken by the Requiring Authority
to respond to Meridian’s comments and feedback;
c) describe the details of the on-going access
arrangements, including for over-dimensional loads,
and as required by Condition 5(e)(x) to
accommodate Meridian’s operation, maintenance
and upgrade requirements;
d) describe the details of management of construction
traffic w ithin the w ind farm;
e) describe measures to protect the the protection of
underground infrastructure, as required by
Condition 5(e)(ix);
Te Āpit i Wind Farm
Prior to any construction works, or enabling works,
being undertaken w ithin the portion of the Te Āpiti w ind
farm site indicated by property reference numbers 9,
10, 11, and 12 on Land Requirement Plan LR-11, the
Requiring Authority must prepare a Wind Farm
Management Plan (“WFMP”) to manage avoid, remedy or
mitigate the potential effects of the Project on w ind
farm operations provided for by the w ind farm resource
consent (granted on 3 September 2003). The WFMP
must, as a minimum;
a) be prepared in consultation w ith Meridian;
b) include details of the consultation undertaken,
including measures taken by the Requiring
Authority to respond to Meridian’s comments and
feedback;
c) describe the details of the on-going access
arrangements, including for over-dimensional
loads, and as required by Condition 5(e)(x) to
accommodate Meridian’s operation, maintenance
and upgrade requirements;
d) describe the details of management of construction
traffic w ithin the w ind farm;
e) describe measures to protect the the protection of
underground infrastructure, as required by
Condition 5(e)(ix);
f) include technical, engineering and geotechnical
advice from a suitably qualified and experienced
Differences are limited to
further amendments to the
Transport Agency version (in
purple) that are a result of
further consultation w ith
Meridian.
83
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
f) include technical, engineering and geotechnical
advice from a suitably qualified and experienced
person, or person in relation to the impact of the
Project construction activities on the safe and
efficient operation of that a turbine where:
i. construction activities (other than for the
relocation of underground infrastructure and
w ind farm accesses) are w ithin 160 metres of a
turbine location shown on the plan marked
“Draw ing No. 1 (Rev 3) General Site Plan With
Topo Information” (referenced in the any
practical turbine location permitted by the w ind
farm resource consent (granted on 3 September
2003) except that in the case of turbines A11,
A12 and A13 (now known as TAP01, TAP02, and
TAP03 this distance is limited to 60m when
closer to Ashhurst; and
ii. that turbine is not removed as part of the Project,
g) confirm compliance w ith NZECP 34:2001;
h) set out details of site management and security;
i) describe arrangements for site inductions and
contractor training, including Meridian’s
involvement in that training; and
j) confirm measures to manage the effects of dust that
may damage the turbines, substation or overhead
electricity transmission lines.
person, or person in relation to the impact of the
Project construction activities on the safe and
efficient operation of that a turbine where:
i. construction activities (other than for the
relocation of underground infrastructure and
w ind farm accesses) are w ithin 160 metres of a
turbine location shown on the plan marked
“Draw ing No. 1 (Rev 3) General Site Plan With
Topo Information” (referenced in the any
practical turbine location permitted by the w ind
farm resource consent (granted on 3 September
2003) except that in the case of turbines A11,
A12 and A13 (now known as TAP01, TAP02, and
TAP03 this distance is limited to 60m when
closer to Ashhurst; and
ii. that turbine is not removed as part of the
Project,
g) confirm compliance w ith NZECP 34:2001;
h) set out details of site management and security;
i) describe arrangements for site inductions and
contractor training, including Meridian’s
involvement in that training; and
j) confirm measures to manage the effects of dust
that may damage the turbines, substation or
overhead electricity transmission lines.
T1A - Te Āpit i Wind Farm access
Permanent and ongoing access to allow for the
maintenance, operation, upgrading or replacement of
existing and relocated network utilities and the Te A piti
w ind farm turbines (where retained), including
emergency access, must be provided prior to and during
the construction period of the Project, and during
ongoing operation of the Project.
The S42A Officers’ version
notes:
“ … this condition may no
longer be required depending
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
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on on-going discussions between
NZTA and Meridian.”
The Transport Agency version
provides for the same outcome
in Conditions T1(c) and 5(e)(x).
T1B - Any works required to alter the Te Āpiti w indfarm
infrastructure, including moving turbines and relocating
transmission infrastructure, must be completed prior to
construction beginning.
Nil. This Condition is no longer
proposed by the S42A Officers.
T2. Out line plan – Mangamaire – Woodville A 110kV
Nat ional Grid transmission line
Where an outline plan, or plans, describes works in the
vicinity of the Mangamaire – Woodville A 110kV
transmission line, the Requiring Authority must:
a) consult w ith Transpower New Zealand Limited in
order to:
i. demonstrate how construction works and
associated activities are designed and
undertaken to comply w ith NZECP 34:2001;
ii. develop measures to control induced and
transferred voltages and earth potential rise
where conductive material is w ithin 8 metres of
the transmission line support structures;
iii. identify areas where additional management
measures are necessary such as fencing or
hurdles;
iv. confirm timing for any outage that may be
necessary;
v. confirm measures to manage the effects of dust
that may damage the National Grid transmission
lines; and
vi. confirm details of contractor training, and
Transpower’s involvement in that training, for
Out line plan – Mangamaire – Woodville A 110kV
Nat ional Grid transmission line
Where an outline plan, or plans, describes works in the
vicinity of the Mangamaire – Woodville A 110kV
transmission line, the Requiring Authority must:
a) consult w ith Transpower New Zealand Limited in
order to:
i. demonstrate how construction works and
associated activities are designed and
undertaken to comply w ith NZECP 34:2001;
ii. develop measures to control induced and
transferred voltages and earth potential rise
where conductive material is w ithin 8 metres of
the transmission line support structures;
iii. identify areas where additional management
measures are necessary such as fencing or
hurdles;
iv. confirm timing for any outage that may be
necessary;
v. confirm measures to manage the effects of dust
that may damage the National Grid transmission
lines; and
vi. confirm details of contractor training, and
Transpower’s involvement in that training, for
A replacement Condition T2 is
included in the Transport
Agency’s version in response to
Transpower’s letter to the
Hearing Panel dated 5 April
2019.
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those working w ithin 8 metres of the
transmission line support structures or w ithin the
maximum extent of conductor sw ing (at
maximum operating temperature).
b) Details of the consultation undertaken and measures
to achieve the matters listed in (a) must be included
in the outline plan.
those working w ithin 8 metres of the
transmission line support structures or w ithin the
maximum extent of conductor sw ing (at
maximum operating temperature).
b) Details of the consultation undertaken and measures
to achieve the matters listed in (a) must be included
in the outline plan.
T2 Mangamaire – Woodville A 110kV National Grid
t ransmission line
Prior to any construction works, or enabling works,
being undertaken in the vicinity of the Mangamaire –
Woodville A 110kV transmission line, the Requiring
Authority prepare a National Grid Management Plan
(“NGMP”) to avoid, remedy or mitigate the potential
effects of the Project on the operation and maintenance
of the transmission line. The NGMP must, as a
minimum:
a) be prepared in consultation w ith Transpower;
b) include details of the consultation undertaken,
including measures taken by the Requiring Authority
to respond to Transpower’s comments and
feedback;
c) demonstrate how construction works and associated
activities are designed and undertaken to comply
w ith NZECP 34:2001;
d) establish a specific height for clearance over a State
highway, if necessary;
e) describe the details of the on-going access
arrangements as required by Condition 5(e)(x);
f) develop measures to control induced and
transferred voltages and earth potential rise where
conductive material is w ithin 8 metres of the
transmission line support structures;
- As above
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g) confirm procedures set out for the management of
construction vibration included in the CNVMP
require by Condition 21(ix);
h) identify areas where additional management
measures are necessary such as fencing or hurdles;
i) confirm timing for any outage that may be
necessary;
j) confirm measures to manage the effects of dust that
may damage the National Grid transmission lines;
and
k) confirm details of contractor training, and
Transpower’s involvement in that training, for those
working w ithin 8 metres of the transmission line
support structures or w ithin the maximum extent of
conductor sw ing (at maximum operating
temperature).
Ballant rae Hill Country Research Station
T3. Out line plan – Ballant rae Farm Research Station
Where an outline plan, or plans, describes works w ithin the Ballantrae Hill Country Research Station, the Requiring
Authority must:
a) consult w ith AgResearch Limited for the purpose of designing and constructing the Project to minimise
impacts, as far as practicable, on the farm operations and fertiliser trial sites at Ballantrae Farm Research
Station; and
b) as a minimum, the outline plan must:
i. set out details of the consultation undertaken under clause (a);
ii. demonstrate how the extent of construction works on the site (including fill areas and stormwater treatment
facilities) is limited, including by reference to the total areas of each of the four farmlets that comprise the
trial site as well as the slope, aspect and soil type balances of each farmlet; and
iii. describe details of on-going farm and trial site access and stock movement arrangements during and
follow ing construction.
Nil. Condition replaced by a new
Condition T3 set out below .
T3. Ballant rae Hill Country Research Station Ballant rae Hill Country Research Station Differences are limited to
further amendments to the
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Prior to any construction works being undertaken w ithin
the Ballantrae Station site, the Requiring Authority must
prepare a Ballantrae Research Station Management Plan
(“BSMP”) to manage avoid, remedy or mitigate the
potential adverse effects of the Project on farm
operations and the long-term fertiliser and grazing
systems trial. The BSMP must, as a minimum:
a) be prepared in consultation w ith AgResearch;
b) describe the measures to be implemented to
maintain site access and the ability to move stock
w ithin and between farmlets during, and follow ing,
the completion of construction;
c) set out approaches to manage machinery noise to
minimise disruption to grazing stock;
d) describe site security and safety measures minimise
the risk of stock rustling and to manage risks to
farm staff as a result of construction activities in the
locality;
e) where practicable, provide for the reinstatement of
frame sites w ithin the construction footprint in a
suitable alternative location; and
fe) establish a monitoring and research programme by:
i. describing pre-construction monitoring, on a
farmlet basis, of soil and pastoral properties that
confirms the existing trial site environment, is
comparable to earlier research, and is capable of
being published in a peer reviewed journal;
ii. detailing the approach to construction and post-
construction monitoring of the effects of the
Project that must be undertaken for a minimum
period of 3 years follow ing the completion of
construction;
iii. describing an approach to pre-construction and
post-construction monitoring of the potential
Prior to any construction works being undertaken w ithin
the Ballantrae Station site, the Requiring Authority must
prepare a Ballantrae Station Management Plan (“BSMP”)
to manage avoid, remedy or mitigate the potential
adverse effects of the Project on farm operations and
the long-term grazing trial. The BSMP must, as a
minimum:
a) be prepared in consultation w ith AgResearch;
b) describe the measures to be implemented to
maintain site access and the ability to move stock
w ithin and between farmlets during, and follow ing,
the completion of construction;
c) set out approaches to manage machinery noise to
minimise disruption to grazing stock;
d) describe site security and safety measures minimise
the risk of stock rustling and to manage risks to
farm staff as a result of construction activities in
the locality; and
e) establish a monitoring and research programme by:
i. describing pre-construction monitoring, on a
farmlet basis, of soil and pastoral properties
that confirms the existing trial site environment,
is comparable to earlier research, and is capable
of being published in a peer reviewed journal;
ii. detailing the approach to construction and post-
construction monitoring of the effects of the
Project that must be undertaken for a minimum
period of 3 years follow ing the completion of
construction;
iii. confirming the administration arrangements for
future research activities that support and
maintain the on-going research outcomes of the
long-term grazing trial, or other research
outcomes associated with the trial site, w ith
Transport Agency version (in
purple) that are a result of
further information provided to
the Hearing Panel by Dr Mackay
and further consideration of
measures to address potential
effects on the fertiliser and
grazing system trial.
Amended condition to ensure
that it is understood to relate to
the research part of the
Ballantrae Station Farm rather
than the entire Farm.
The S42A Officers’ version
notes:
“This condition will need to be
revisited depending on the
Panel’s determination of the
Ballantrae matter.”
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effects of vehicle emissions and vehicle
movements respectively on the long-term
fertiliser and grazing systems trial and
associated animal behaviour;
ivii. confirming the administration arrangements for
future research activities that support and
maintain the on-going research outcomes of the
long-term fertiliser and grazing systems trial, or
other research outcomes associated with the trial
site, w ith such research activities continuing for a
minimum of 5 years follow ing the completion of
construction (unless AgResearch decides to
discontinue such research activities at an earlier
date) where the future research may include but
not be limited to:
A. the opportunity and risk associated w ith the
greater use of forages (beyond grasses) in hill
land;
B. the use of lime to address the issue of slow
acidification;
C. the effects of a shift to a greater use of
nitrogen fertiliser and a reduction in the use
of phosphorus fertiliser.
gf) The BSMP may be updated to incorporate
requirements of regional resource consents and the
associated management of discharges to air, land
and water.
such research activities continuing for a
minimum of 5 years follow ing the completion of
construction unless AgResearch decides to
discontinue such research activities at an earlier
date.
f) The BSMP may be updated to incorporate
requirements of regional resource consents and the
associated management of discharges to air, land
and water.
QEII Nat ional Trust Open Space Covenants
T4. Out line plan – QEII Nat ional Trust open space
covenants
Where an outline plan, or plans, describes works w ithin
the areas subject to QEII Trust open space covenants
(shown on Plan C-06), the Requiring Authority must:
Out line plan – QEII Nat ional Trust open space
covenants
Where an outline plan, or plans, describes works w ithin
the areas subject to QEII Trust open space covenants
(shown on Plan C-06), the Requiring Authority must:
No material difference.
Differences are confined to the
way in which Condition 17 is
referenced in clause (b)(iii).
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a) consult w ith the National Trust for the purpose of
designing and constructing the Project to avoid
impacts where possible and, where avoidance is not
possible, minimise impacts, as far as practicable, on
the natural environment QEII Trust open space
values of the area subject to the covenant; and
b) as a minimum, the outline plan must:
i. set out details of the consultation undertaken
under clause (a) and any measures taken by the
Requiring Authority to respond to matters raised;
ii. demonstrate how the extent of construction
works on the site is limited (including by
Condition 5(e)) in order to avoid, or minimise as
far as practicable, impacts on the QEII Trust open
space values; and
iii. describe any restoration that may be proposed
(including as part of the LMP required by
Condition 12 or EMP required by Condition 17).
a) consult w ith the National Trust for the purpose of
designing and constructing the Project to avoid
impacts where possible and, where avoidance is not
possible, minimise impacts, as far as practicable, on
the QEII Trust open space natural environment values
of the area subject to the covenant; and
b) as a minimum, the outline plan must:
i. set out details of the consultation undertaken
under clause (a) and any measures taken by the
Requiring Authority to respond to matters raised;
ii. demonstrate how the extent of construction
works on the site is limited (including by
Condition 5(e)) in order to avoid, or minimise as
far as practicable, impacts on the QEII Trust open
space values; and
iii. describe any restoration that may be proposed
(including as part of the LMP required by
Condition 12 and Condition 17 a) iii) H.).
Operational Conditions (common to all jurisdictions)
REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
Noise and property
27. Road surfacing
Prior to the opening of the new road, a low noise road surface must be laid on: [show on plan]
a) State Highway 3 Napier Road between Cambridge Avenue and the Manawatū River; and
b) Vogel Street in Woodville.
Nil
28. Traffic separat ion
a) traffic lanes of the roundabouts must be more than 100 metres from dwellings existing on 31 October 2018;
Nil
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b) traffic lanes must be more than 200 metres from the dwellings at 49807 State Highway 3 and 75 Hope Road,
Woodville existing on 31 October 2018.
- Separation of roundabouts from dwellings
Traffic lanes of the roundabouts must be more than:
i) 100 metres from dwellings existing on 31 October
2018; and
ii) 200 metres from the dwellings at 49807 State
Highway 3 and 75 Hope Road, Woodville existing on
31 October 2018.
The proposed Condition
appears to duplicate Condition
28. Both versions provide for
the same outcome in Condition
28.
This Condition is numbered
29BC in the S42A Officers’
version.
29. 49807 State Highway 3 and 75 Hope Road, Woodville
In order to control sound levels at the dwellings at 49807 State Highway 3 and 75 Hope Road, Woodville existing
on 31 October 2018, either:
a) a low noise road surface must be laid on the main alignment from the eastern roundabout extending at least
2.01.5 kilometres to the west of the roundabout; or
b) TL5 concrete barriers must be provided.
Nil
29A. Lot 2 DP 351133
Within 12 months of the opening of the new road, the
Requiring Authority must consult w ith the owners of Lot
2 DP 351133 to develop and implement a plan for
planting along the southern boundary of the this
property to screen views of the road.
Lot 2 DP 351133 landscaping
a) Within 12 months of the opening of the new road,
the Requiring Authority must:
A) consult w ith the owners of Lot 2 DP 351133 to
develop a plan for planting along the southern
boundary of the property Lot 2 DP 351133 to
screen views of the road;
B) take into account the outcomes of any
consultation in finalising the plan; and
C) Undertake planting in accordance with the final
plan.
No material difference.
This Condition is numbered 29C
in the S42A Officers’ version.
- Operat ional traffic noise
a) The new road must be operated to ensure that
Ooperational traffic noise must meet is managed in
accordance with NZS 6806:2010 Acoustics – Road-
traffic noise – New and altered roads except where
The Transport Agency version
provides for the matters in
clauses (a), (c) and (d) in
Condition 29B. The roundabout
environment design
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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE
NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
these conditions conflict w ith those
recommendations.
b) The road environment at roundabouts must be
designed to result in vehicles braking and
accelerating gradually rather than abruptly. The
landscape design process must integrate and
maximise noise mitigation.
c) Where engine braking noise causes sleep
disturbance, consideration must be given to acoustic
treatment and ventilation of bedrooms at 49807
State Highway 3 and 75 Hope Road. NZTA must offer
to noise insulate and ventilate the bedrooms of
49807 State Highway 3, 75 Hope Road, 1213
Fitzherbert East Road and 49846 State Highway 3 as
follows:
i. Glazing in bedroom w indows must be at least
6.38mm laminated glass. Where w indows are
double glazed then this applies to one side of the
double glazing.
ii. Ventilation must be provided to meet clause G4 of
the New Zealand Building Code if w indows remain
closed. At the same time as meeting this
minimum provision, the sound level of the system
shall not exceed 30dB LAeq(30s) when measured
1.0 metre away from any grille or diffuser. The
occupant must be able to control the ventilation
rate in increments up to a high airflow setting that
provides at least 6 air changes per hour.
iii. The offer must remain open for acceptance for
not less than one year after the road opens.
d) Traffic noise levels must be measured prior to and
subsequent to the construction of the new road
(w ithout construction noise) to verify noise modelling
requirements in clause (b) are
provided for by the CEDF.
The Transport Agency version
does not require technical
certification of modelling or
mitigation (clause (e)), but
requires the details of
modelling and mitigation to be
provided to Councils (Condition
29B(c)).
This Condition is numbered 29A
in the S42A Officers’ version.
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NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
at 49807 Napier Road (SH3), 49846 Napier Road
(SH3), 75 Hope Road and 1213 Fitzherbert East Road.
e) The noise modelling and any mitigation proposed as
a consequence must be submitted to the relevant
Territorial Authorities for technical certification in
accordance with Condition [1C].
29AB. Post -construction review
a) Within 12 months of the opening of the new road,
the Requiring Authority must undertake a post-
construction review in accordance with the NZ
Transport Agency’s ‘Specification for Noise
Mitigation’ (NZTA P40:2014) that includes:
i. noise modelling;
ii. site inspection of road surfaces or concrete
barriers provided by Conditions 27 and 29; and
iii. noise measurements at the PPFs located at
49807 State Highway 3, 49846 State Highway
3, 75 Hope Road, Woodville and 1213
Fitzherbert East Road, Ashhurst to verify the
acoustics model, subject to access being
provided.
b) If the post-construction review concludes that the
sound levels exceed the NZS 6806:2010 ‘Acoustics
– Road-traffic noise – New and altered road’
Category A criteria for new roads (at 49807 State
Highway 3 and 75 Hope Road) and altered roads (at
49846 State Highway 3 and 1213 Fitzherbert East
Road, Ashhurst), the Requiring Authority must, in
consultation w ith the respective property owners,
provide further noise mitigation to reduce noise
levels to meet the Category A criteria (subject to
reasonable access to allow any mitigation to be
implemented).
Post -construction review
a) Within 12 months of the opening of the new road,
the Requiring Authority must undertake a post-
construction review in accordance with the NZ
Transport Agency’s ‘Specification for Noise
Mitigation’ (NZTA P40:2014) that includes:
i. noise modelling;
ii. site inspection of road surfaces or concrete
barriers provided by Conditions 27 and 29; and
iii. noise measurements at the PPFs located at
49807 State Highway 3, 49846 State Highway
3, 75 Hope Road, Woodville and 1213
Fitzherbert East Road, Ashhurst to verify the
acoustics model, subject to access being
provided.
b) If the post-construction review concludes that the
sound levels exceed the NZS 6806:2010 ‘Acoustics
– Road-traffic noise – New and altered road’
Category A criteria for new roads (at 49807 State
Highway 3 and 75 Hope Road) and altered roads (at
49846 State Highway 3 and 1213 Fitzherbert East
Road, Ashhurst), the Requiring Authority must, in
consultation w ith the respective property owners,
provide further noise mitigation to reduce noise
levels to meet the Category A criteria (subject to
reasonable access to allow any mitigation to be
implemented).
Difference is limited to new
clause (c) in the Transport
Agency version that requires the
details of modelling and any
mitigation to be provided to the
Councils.
This Condition is numbered
29BA in the S42A Officers’
version.
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NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’
c) The noise modelling and the details of any
mitigation provided under clause (c) must be
provided to the Councils.
Light ing
30. Operat ional lighting
Lighting must be designed, maintained and operated to comply with AS/NZS 1158 Lighting for Roads and Public
Spaces.
Nil
Landscape, Natural Character and Ecology
31. Landscape, replacement and offset planting
maint enance
Nothw ithstanding Condition 3, any planting and
ecological effects management measures required by,
and managed by, Conditions 12, 13 and 17 must be
maintained and managed in accordance with the
measures set out in the LMP and EMP.
Landscape, replacement and offset planting
maint enance
Nothw ithstanding Condition 3, aAny planting and
ecological effects management measures required by,
and managed by, the conditions of this designation,
including Conditions 12, 13, 13A, 14, 15, 16, 16A and
17, 17A must be maintained and managed in
accordance with the measures set out in the LMP and
EMP.
The S42A version proposes that
the list of conditions is inclusive
and also specifically lists the
‘sub-plans’ that make up the
EMP required by Condition 17.
Net work Utilities and Infrast ructure
32. Writ ten consent under section 176 of the RMA - Te
Āpit i Wind Farm
The Requiring Authority must not require Meridian to
seek written consent under section 176 of the RMA for
work that can occur in accordance w ith the resource
consent for the Te Āpiti w ind farm (dated 3 September
2003) where that work does not encroach on, or impact
on, the construction or operational of the State
highway. To the extent that written approval is
required, this cCondition shall constitute written
approval.
Writ ten consent under section 176 of the RMA - Te
Āpit i Wind Farm
The Requiring Authority must not require Meridian to
seek written consent under section 176 of the RMA for
work that can occur in accordance w ith the resource
consent for the Te Āpiti w ind farm (dated 3 September
2003) where that work does not encroach on, or impact
on, the construction or operational of the State
highway. To the extent that written approval is
required, this condition shall constitute written
approval.
No material difference. The
Transport Agency version
corrects typographical errors.