ATTACHMENT 28. New Zealand Coastal Policy Statement Assessment. Attachment 28: New Zealand Coastal Policy Statement Assessment FFIRF Application

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1 ATTACHMENT 28 New Zealand Coastal Policy Statement Assessment

2 Overall, the proposal is considered consistent with the objectives and policies of the NZCPS. The proposal meets the requirements of the NZCPS by providing marine infrastructure that supports the social, economic and cultural wellbeing of the community and is able to manage any adverse effects of on the coastal environment adequately. The following activities which either form part of the proposal or will potentially affect parts of the coastal environment are considered in the assessment of the NZCPS: CMA investigations Occupation Marine and port activities Wharf extensions, new structures and buildings, berthage facilities (piles, pontoons) Piled breakwaters Dredging and potential contamination Dredge Disposal Wave attenuation devices Infrastructure and services Hydrodynamics harbour flushing and wave modelling Water quality and ecology Sedimentation Sea level rise The construction of the FFIRF with dredging activities will have an impact on coastal processes and the coastal environment. However, the effects of these activities are considered to be acceptable within the occupation permit areas of this modified coastal environment. The proposed structures have a functional need to be located in the CMA and will also provide for public access to and along the water s edge. The NZCPS allows for activities within the coastal environment that enable better outcomes for the social, economic and cultural wellbeing of the community. The NZCPS also provides for activities that are unable to be located anywhere other than within the coastal environment. The effects of the proposed works will alter the character of the coastal environment in a manner provided for by the relevant planning documents, in particular the proposed works will not protrude beyond the existing occupation permit boundaries or the boundaries of the waterfront precincts/port management areas.

3 There is a high level of consistency with the objectives and policies of the NZCPS and the proposed development for the reasons set out below and as summarised in the AEE.

4 Objectives Objective Objective 1 To safeguard the integrity, form, functioning and resilience of the coastal environment and sustain its ecosystems, including marine and intertidal areas, estuaries, dunes and land, by: maintaining or enhancing natural biological and physical processes in the coastal environment and recognising their dynamic, complex and interdependent nature; protecting representative or significant natural ecosystems and sites of biological importance and maintaining the diversity of New Zealand s indigenous coastal flora and fauna; and maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. Assessment In order to analyse the proposal against this objective, the applicant has commissioned a technical report from Beca which assesses coastal processes and dredging effects from the proposed development. In addition to this, the applicant has commissioned an Environmental Report from Golder Associates. The Golder report specifically considers ecological effects from the proposed development. The reports confirm that the Wynyard area is subject to inter-tidal flows which flush the marina and aid in maintaining ecosystems and water quality. The tidal flows also prevent high levels of sedimentation from occurring. Beca have undertaken a harbour hydrology analysis and have advised that any alterations to tidal flushing spreads and sedimentation potential will still maintain an acceptable harbour flushing time. This timeframe is an internationally accepted flushing time for a harbour locality of this nature. As a result the proposed waterspace structures will not significantly impact the harbour hydrology of the Harbour water space. The water space flushing time is considered to remain within the good category for harbour flushing times and is therefore considered acceptable. The technical reports advise that the ecology of the area comprises the following: organisms of the seabed; biota inhabiting seabed sediment; fauna inhabiting varied manmade structures; seabirds;

5 marine mammals. Examples of the above include barnacles, oysters, green algae, periwinkles, seasquirts, chitons, black sea slugs, sponges, paddleweed and mussels. On the western side of Wynyard Precinct and within Westhaven Marina there are also white fronted terns, red billed gulls, dolphin sightings, a leopard seal sighting, New Zealand fur seals and a killer whale siting. The proposed development will not create lasting adverse effects on this marine life and any temporary effects are also concluded as being minor. The area has been modified over a number of years since first being established and cannot be considered natural with respect to maintaining natural features or characteristics of the coastal environment. The locality is not a pristine natural coastal environment such as parts of the Hauraki Gulf islands and other parts of the Waitemata Harbour coast. Regardless, it is appropriate to analyse the effects of the proposed development on the integrity, form, functioning and resilience of the coastal environment and its ecosystems. The technical reports confirm that the proposed development, particularly in regard to the impacts on the seabed and water quality of the locality, can accommodate the proposed development without significantly altering the ecology, habitats or water quality of this locality. The natural condition of this part of the coastal environment includes the effects created by human intervention. As a result, the effects on ecology, habitats and water quality need to be considered against this context and are considered to be appropriate as they are consistent with the modified receiving environment in which they will be located.

6 Overall, the technical reports conclude that the application will result in acceptable effects when considered against the background of the existing environment. Objective 2 To preserve the natural character of the coastal environment and protect natural features and landscape values through: recognising the characteristics and qualities that contribute to natural character, natural features and landscape values and their location and distribution; identifying those areas where various forms of subdivision, use, and development would be inappropriate and protecting them from such activities; and encouraging restoration of the coastal environment. The expansion of the existing wharfs and the proposed activities/structures/buildings are consistent with the uses that are already provided for within the locality and which are anticipated by the relevant planning documents (AUP Waterfront Precincts/ARP:C Port Management Areas). The key objective of the project is to provide for the Ferry & Fishing Industry which are valuable activities to the Region. Objective 2 relates to the preservation of natural character of the coastal environment and the protection of natural features and landscape values. In relation to this application, it is important to note that there are no areas of outstanding or high natural character that will be affected by the proposed development. The existing natural character, natural features and landscape values of this area are described in detail in the existing environment section of the AEE and the character and amenity effects section of the AEE. The analysis in these sections confirms that the character of the coastal environment is highly modified. This is supported through the analysis undertaken in the Landscape and Visual Effects Report. Regardless of the human intervention into this part of the coastal environment, the proposal seeks to create traditional wharf type structures with exterior piles and depth to the wharf in order to create a shadow over the waterspace as opposed to a structure which has flat concrete edges as these are more reminiscent of higher levels of significant human intervention. The proposed development is considered to accord with this objective. Objective 3 The coastal environment is a natural resource of high value to tangata whenua, the protection of which is identified in the Treaty of Waitangi. Consultation with iwi is being

7 To take account of the principles of the Treaty of Waitangi, recognise the role of tangata whenua as kaitiaki and provide for tangata whenua involvement in management of the coastal environment by: recognising the ongoing and enduring relationship of tangata whenua over their lands, rohe and resources; promoting meaningful relationships and interactions between tangata whenua and persons exercising functions and powers under the Act; incorporating mātauranga Māori into sustainable management practices; and recognising and protecting characteristics of the coastal environment that are of special value to tangata whenua. undertaken by Panuku through its mana whenua consultation forum. This consultation is ongoing and iwi values and any areas of concern are being taken into consideration. Panuku has also undertaken consultation requirements required under the MACA Act and has written to all iwi that have applied for customary title of the coastal marine area of the Waitemata Harbour. Panuku have undertaken meaningful relationships and interactions between tangata whenua, however this will inevitably not satisfy all iwi with an interest in Tamaki Makaurau. The Auckland Unitary Plan specifically does not identify any sites or areas of significance to iwi within the proposed development area around Wynyard Basin. Objective 4 To maintain and enhance the public open space qualities and recreation opportunities of the coastal environment by: recognising that the coastal marine area is an extensive area of public space for the public to use and enjoy; maintaining and enhancing public walking access to and along the coastal marine area without charge, and where there are exceptional reasons that mean this is not practicable providing alternative linking access close to the coastal marine area; and recognising the potential for coastal processes, including those likely to be affected by climate change, to restrict access to the coastal environment and the need to ensure that public access is maintained even when the coastal marine area advances inland. The provisions for public access within the FFIRF area will need to be managed to ensure public safety and the efficient operation of the facilities located here. In this instance the presence of hazardous industries as well as the management of heavy truck movements may limit public access opportunities. This will need to be addressed through the implementation of appropriate site management techniques, which may include the restriction of public access to the wharves for public safety and operational reasons. A management plan is recommended as a condition of consent to detail the effective co-location of the ferry and fishing industry activities including appropriate public access. Objective 5 To ensure that coastal hazard risks taking account of climate change, are managed by: locating new development away from areas prone to such risks; considering responses, including managed retreat, for existing development in this situation; and ; In terms of sea level rise and coastal inundation, Beca have specifically addressed this matter within their technical reports. The proposed wharf additions will be located at the same level as the existing wharf structures, but have been designed to address

8 protecting or restoring natural defences to coastal hazards. future coastal hazards. This will mean that the wharf levels will require future monitoring to ensure coastal hazard risks are appropriately managed. However, given that the proposed buildings will be used for marine industry purposes and not for accommodation (residential or commercial) purposes, this is considered acceptable. The Beca report also confirms that the sea levels over the next 100 years are monitored and that the wharf additions are constructed in a manner where their floor levels can be increased over the next years (the projected life of the wharf structures) in order to ensure current sea level and storm surge requirements are taken into account. Objective 6 To enable people and communities to provide for their social, economic, and cultural wellbeing and their health and safety, through subdivision, use, and development, recognising that: the protection of the values of the coastal environment does not preclude use and development in appropriate places and forms, and within appropriate limits; some uses and developments which depend upon the use of natural and physical resources in the coastal environment are important to the social, economic and cultural wellbeing of people and communities; functionally some uses and developments can only be located on the coast or in the coastal marine area; the coastal environment contains renewable energy resources of significant value; the protection of habitats of living marine resources contributes to the social, economic and cultural wellbeing of people and communities; the potential to protect, use, and develop natural and physical resources in the coastal marine area should not be compromised by activities on land; the proportion of the coastal marine area under any formal protection is small and therefore management under the Act is an important means by which the natural resources of the coastal marine area can be protected; and The aim of the proposal is to provide suitable facilities for the FFIRF. The potential social effects of the FFIRF relate to the impacts and benefits of the new facility on people who work in, and use the area or the facilities, in terms of both the land and waterspace. North of Jellicoe Street and Silo Park, Wynyard Point is predominantly an industrial, bulk liquid, marine and port activity related area. Sealink Vehicle Ferry Service The FFIRF provides new land and water based facilities for the Sealink ferry service. This includes new wharves and pontoons, a passenger facility and associated areas for vehicle queuing, access and manoeuvring. It will ensure that people are able to continue to access ferry services to the wider gulf islands from Wynyard Quarter with little impact

9 historic heritage in the coastal environment is extensive but not fully known, and vulnerable to loss or damage from inappropriate subdivision, use, and development. of the timing and frequency of the ferry services 1. Maintaining this service to the Gulf Islands also maintains the social amenity to visitors and occupants of the Islands and enables goods and services to reach those communities. Fishing Industry The Fishing Industry in New Zealand is identified as having a substantive contribution to the Gross Domestic Product (GDP) and providing employment and supporting employment in related industries 2 such as processing and boat maintenance and repair. Continuing to locate the Fishing Industry within the Wynyard Precinct where Sanford s seafood processing industry is located and in proximity to other marine services is identified as being of benefit for those working in the industry. Further the retention of the Fishing Industry within the Precinct supports the working water front objectives identified in the policy direction and adds interest for visitors to the wider area. Health and Safety The new facility has been located and designed to ensure that it does not result in unacceptable risks from the bulk liquid and hazardous facilities located in this area. In terms of the site, mitigation measures such as building location and evacuation measures will ensure that occupants and visitors to the FFIRF are appropriately protected from risk exposure. There are no items of historic heritage in the coastal environment that would be effected by the proposed development given the previous dredging and construction works that have been undertaken in this area and the fact that there are no identified scheduled or 1 It is understood that the Sealink Facility in Eastern Auckland (Half Moon Bay) is not accessible during certain tidal conditions. 2 The economic contribution of commercial fishing to the New Zealand economy, BERL Reference No: #5643 August 2017

10 historic items, it is not considered that historic heritage will be adversely affected or vulnerable to loss. Policies Policy Policy 1 Extent and characteristics of the coastal environment (1) Recognise that the extent and characteristics of the coastal environment vary from region to region and locality to locality; and the issues that arise may have different effects in different localities. (2) Recognise that the coastal environment includes: (a) the coastal marine area; (b) islands within the coastal marine area; (c) areas where coastal processes, influences or qualities are significant, including coastal lakes, lagoons, tidal estuaries, saltmarshes, coastal wetlands, and the margins of these; (d) areas at risk from coastal hazards; (e) coastal vegetation and the habitat of indigenous coastal species including migratory birds; (f) elements and features that contribute to the natural character, landscape, visual qualities or amenity values; (g) items of cultural and historic heritage in the coastal marine area or on the coast; (h) inter-related coastal marine and terrestrial systems, including the intertidal zone; and (i) physical resources and built facilities including infrastructure, that have modified the coastal environment Assessment The proposal requires the use of natural resources (coastal environment) to provide for the FFIRF activities that will benefit the wider community. The proposed modification of the coastal environment will occur in an already heavily modified area which is considered able to accommodate the proposed wharf extensions and buildings. The activities proposed, being marine and port activities associated with boat repairs and maintenance and storage is consistent with the relevant planning provisions that apply and will result in minor to moderate visual amenity effects on the locality. The proposal will however result in visually coherent additions into this part of the CMA as the development is similar to coastal edge development further south. In terms of coastal processes, tidal areas and inner harbour marinas, the proposed wharf additions and wave attenuation structures will affect the time within which parts of the harbour will flush, the Beca report confirms that the harbour flushing will still retain a fair outcome in terms of the sliding scale of good, fair and poor. As noted above, the proposal will also maintain the ecology of the area to a level that currently exists. It is noted that the new structures proposed within the CMA will provide in the future new habitats for ecological organisms to develop and establish.

11 In terms of water quality, the Coastal Environmental Effects Report confirms that the water quality within the area is similar to the Chelsea Sugar Refinery which is considered to be excellent based on the Water Quality Index developed by the Canadian Council of Ministers for the Environment. The proposed development is not considered to create noticeable adverse effects in water quality. Policy 2 The Treaty of Waitangi, tangata whenua and Māori heritage In taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), and kaitiakitanga, in relation to the coastal environment: Refer objective 3 for summary. In addition, there are is no iwi management plan relating to this specific development area. Further, there will be no impact on fisheries resources as a result of the application. (e) take into account any relevant iwi resource management plan and any other relevant planning document recognised by the appropriate iwi authority or hapū and lodged with the council, to the extent that its content has a bearing on resource management issues in the region or district; and (i) where appropriate incorporate references to, or material from, iwi resource management plans in regional policy statements and in plans; and (ii) consider providing practical assistance to iwi or hapū who have indicated a wish to develop iwi resource management plans; (iii) having regard to regulations, rules or bylaws relating to ensuring sustainability of fisheries resources such as taiāpure, mahinga mātaitai or other non-commercial Māori customary fishing; and (g) in consultation and collaboration with tangata whenua, working as far as practicable in accordance with tikanga Māori, and recognising that tangata whenua have the right to choose not to identify places or values of historic, cultural or spiritual significance or special value: (i) recognise the importance of Māori cultural and heritage values through such methods as historic heritage, landscape and cultural impact assessments; and (ii) provide for the identification, assessment, protection and management of areas or sites of significance or special value to Māori, including by historic analysis and archaeological survey and the development of

12 methods such as alert layers and predictive methodologies for identifying areas of high potential for undiscovered Māori heritage, for example coastal pā or fishing villages. Policy 3 Policy 3 Precautionary approach (1) Adopt a precautionary approach towards proposed activities whose effects on the coastal environment are uncertain, unknown, or little understood, but potentially significantly adverse. (2) In particular, adopt a precautionary approach to use and management of coastal resources potentially vulnerable to effects from climate change, so that: (a) avoidable social and economic loss and harm to communities does not occur; (b) natural adjustments for coastal processes, natural defences, ecosystems, habitat and species are allowed to occur; and (c) the natural character, public access, amenity and other values of the coastal environment meet the needs of future generations The proposal adopts a precautionary approach through the harbour modelling, geotechnical assessment and engineering assessments of the effects of the proposed expansion into the coastal environment. These reports provide more knowledge as to the behaviour of the harbour specifically regarding climate change, sea level rise and coastal inundation in order to ensure that adjustments to the proposal are made to accommodate for such events. The technical reports that have been undertaken have provided a certainty and knowledge that is needed in order to understand adverse effects on the coastal environment. Policy 4 Provide for the integrated management of natural and physical resources in the coastal environment, and activities that affect the coastal environment. This requires: (c) particular consideration of situations where: (i) subdivision, use, or development and its effects above or below the line of mean high water springs will require, or is likely to result in, associated use or development that crosses the line of mean high water springs; or (ii) public use and enjoyment of public space in the coastal environment is affected, or is likely to be affected; or (iii) development or land management practices may be affected by physical changes to the coastal environment or potential inundation from coastal hazards, including as a result of climate change; or The proposal will result in development that adjoins existing land but also traverses the coastal marine area. In this particular area the proposal will be designed in a comprehensive and integrated manner and will involve earthworks, contamination management seawall strengthening and groundwater diversion in addition to a wharf structure being constructed from the land to the new wharves and then connected to the wharf. Development in this area will cross the line of mean high water springs and will require specific construction techniques and methodologies. These are set out in the Coastal Processes Report and the Base Infrastructure Report, both prepared by Beca. Development within this area will also need to be designed in an integrated manner

13 (iv) land use activities affect, or are likely to affect, water quality in the coastal environment and marine ecosystems through increasing sedimentation; or (v) significant adverse cumulative effects are occurring, or can be anticipated. alongside the bulk liquids industry in order to ensure environmental risk measures are appropriately provided for. The proposal will also result in wharf extensions over water space that is currently utilised by both recreational and commercial vessel owners. However, the wharf additions will not result in outcomes that will adversely affect public use and enjoyment of the coastal environment as vessels will still be able to pass in and around the water space and will have the added element of interest associated with the America s Cup bases. In terms of discharges into the coastal marine area, water quality and/or sedimentation, these have been analysed in the technical reports provided with the application. The proposed wharf additions will feature stormwater filter cartridges which will filter contaminants from stormwater prior to entering the coastal marine area. The stormwater cartridges are subject to regular maintenance and monitoring requirements and are regularly cleaned in order to ensure their ongoing effective operation. The technical reports have also assessed the effects on ecosystems through potential increased sedimentation and have concluded that sedimentation levels will not create or result in adverse effects that require significant intervention other than regular dredging in order to maintain draft depths. It is not considered that the proposal will result in significant adverse cumulative effects occurring. Policy 5 Land or waters managed or held under other Acts (1) Consider effects on land or waters in the coastal environment held or managed under: (a) the Conservation Act 1987 and any Act listed in the 1st Schedule to that Act; or Not applicable to this application.

14 (b) other Acts for conservation or protection purposes; and, having regard to the purposes for which the land or waters are held or managed: (c) avoid adverse effects of activities that are significant in relation to those purposes; and (d) otherwise avoid, remedy or mitigate adverse effects of activities in relation to those purposes. (2) Have regard to publicly notified proposals for statutory protection of land or waters in the coastal environment and the adverse effects of activities on the purposes of that proposed statutory protection Policy 6 Activities in the coastal environment (1) In relation to the coastal environment: (a) recognise that the provision of infrastructure, the supply and transport of energy including the generation and transmission of electricity, and the extraction of minerals are activities important to the social, economic and cultural well-being of people and communities; (b) consider the rate at which built development and the associated public infrastructure should be enabled to provide for the reasonably foreseeable needs of population growth without compromising the other values of the coastal environment; (c) encourage the consolidation of existing coastal settlements and urban areas where this will contribute to the avoidance or mitigation of sprawling or sporadic patterns of settlement and urban growth; (d) recognise tangata whenua needs for papakāinga, marae and associated developments and make appropriate provision for them; e) consider where and how built development on land should be controlled so that it does not compromise activities of national or regional importance that have a functional need to locate and operate in the coastal marine area; (f) consider where development that maintains the character of the existing built environment should be encouraged, and where development resulting in a change in character would be acceptable; (g) take into account the potential of renewable resources in the coastal environment, such as energy from wind, waves, currents and tides, to meet the reasonably foreseeable needs of future generations; The proposal will not result in infrastructure, the transmission of electricity or the extraction of minerals. It is proposed to create localised infrastructure such as stormwater, wastewater, water supply, telecommunications and electricity to the wharf extensions and to their syndicate bases and public amenity features such as lighting on the wharfs. This infrastructure will be located primarily beneath the wharfs and will not result in significant structural elements that require public benefit effects in order to justify their location within the coastal marine area. As detailed throughout this report, the proposed development will result in new wharves, new structures, berthage and activities within a part of the coastal environment which is highly modified and which is not located in an area of outstanding or high natural character, landscape or features. The site and the surrounding locality are used for industrial activities which dominate the character of this coastal environment. Further there are no viewshafts impacted by the proposal although it is noted that a coastal viewshaft extends over the FFIRF, however, no structures will obstruct views to the water. Additionally, there are no sightlines or regionally significant viewshafts that are impacted by the proposal. Outlook over the seascape (both nearby and distant) from public and private viewpoints will be not be affected by the proposed development, as any change in view will be over wharf structures which are anticipated

15 (h) consider how adverse visual impacts of development can be avoided in areas sensitive to such effects, such as headlands and prominent ridgelines, and as far as practicable and reasonable apply controls or conditions to avoid those effects; (i) set back development from the coastal marine area and other water bodies, where practicable and reasonable, to protect the natural character, open space, public access and amenity values of the coastal environment; and (j) where appropriate, buffer areas and sites of significant indigenous biological diversity, or historic heritage value. (2) Additionally, in relation to the coastal marine area: (a) recognise potential contributions to the social, economic and cultural wellbeing of people and communities from use and development of the coastal marine area, including the potential for renewable marine energy to contribute to meeting the energy needs of future generations: (b) recognise the need to maintain and enhance the public open space and recreation qualities and values of the coastal marine area; (c) recognise that there are activities that have a functional need to be located in the coastal marine area, and provide for those activities in appropriate places; (d) recognise that activities that do not have a functional need for location in the coastal marine area generally should not be located there; and (e) promote the efficient use of occupied space, including by: (i) requiring that structures be made available for public or multiple use wherever reasonable and practicable; (ii) requiring the removal of any abandoned or redundant structure that has no heritage, amenity or reuse value; and (iii) considering whether consent conditions should be applied to ensure that space occupied for an activity is used for that purpose effectively and without unreasonable delay in this part of Wynyard Precinct. The wharves and associated structures are a common feature of a working waterfront. The works will occur in parts of the city centre waterfront that are within existing waterfront precinct boundaries or port management areas and protrude less into the harbour than existing reclamations or wharves on either side. Further, the proposed extensions sit comfortably within the wider City Centre waterfront morphometry. The proposal has been developed so that intrusion into the coastal management area by the additional wharf features and breakwaters, and buildings above the wharves, is reduced as far as is practicable. The proposed facility has a functional need to be within the coastal environment. While the proposal will require the amendment to some vessel passages, any adverse effects are considered to be manageable and mitigated by use of standard navigation techniques. Overall it is considered that the proposed works will be acceptable within the surrounding and existing landscape/coastal environment as the works will not protrude noticeably into the wider Waitematā Harbour or the navigation channel and will be constrained within the northern extent of the existing reclamation and within the existing Waterfront Precinct and port management area boundaries. Further, the proposed activities have a functional need to be located in the coastal marine area and it is considered that these activities and structures are proposed in appropriate places along the city centre waterfront.

16 Policy 7 Strategic planning (1) In preparing regional policy statements, and plans: (a) consider where, how and when to provide for future residential, rural residential, settlement, urban development and other activities in the coastal environment at a regional and district level, and: (b) identify areas of the coastal environment where particular activities and forms of subdivision, use and development: (i) are inappropriate; and (ii) may be inappropriate without the consideration of effects through a resource consent application, notice of requirement for designation or Schedule 1 of the Act process; and provide protection from inappropriate subdivision, use, and development in these areas through objectives, policies and rules. (2) Identify in regional policy statements, and plans, coastal processes, resources or values that are under threat or at significant risk from adverse cumulative effects. Include provisions in plans to manage these effects. Where practicable, in plans, set thresholds (including zones, standards or targets), or specify acceptable limits to change, to assist in determining when activities causing adverse cumulative effects are to be avoided. The proposal does not involve strategic planning, although it is noted that the Auckland Unitary Plan and the Auckland Regional Plan Coastal provide for use and development of this water space within the relevant precinct and port management area provisions. The proposal is considered to be provided for within the policy and rule framework set out in those documents. Policy 8 Recognise the significant existing and potential contribution of aquaculture to the social, economic and cultural wellbeing of people and communities by: a. including in regional policy statements and regional coastal plans provision for aquaculture activities in appropriate places in the coastal environment, recognising that relevant considerations may include: i. the need for high water quality for aquaculture activities; and ii. the need for land-based facilities associated with marine farming; b. taking account of the social and economic benefits of aquaculture, including any available assessments of national and regional economic benefits; and c. ensuring that development in the coastal environment does not make water quality unfit for aquaculture activities in areas approved for that purpose. No aquaculture is existing or proposed within the water space subject to this application.

17 Policy 9 Recognise that a sustainable national transport system requires an efficient national network of safe ports, servicing national and international shipping, with efficient connections with other transport modes, including by: a. ensuring that development in the coastal environment does not adversely affect the efficient and safe operation of these ports, or their connections with other transport modes; and b. considering where, how and when to provide in regional policy statements and in plans for the efficient and safe operation of these ports, the development of their capacity for shipping, and their connections with other transport modes. This proposal does not relate to the development of an existing or new port. Policy 10 Reclamation and de-reclamation (1) Avoid reclamation of land in the coastal marine area, unless: (a) land outside the coastal marine area is not available for the proposed activity; (b) the activity which requires reclamation can only occur in or adjacent to the coastal marine area; (c) there are no practicable alternative methods of providing the activity; and (d) the reclamation will provide significant regional or national benefit. (2) Where a reclamation is considered to be a suitable use of the coastal marine area, in considering its form and design have particular regard to: (a) the potential effects on the site of climate change, including sea level rise, over no less than 100 years; (b) the shape of the reclamation, and, where appropriate, whether the materials used are visually and aesthetically compatible with the adjoining coast; (c) the use of materials in the reclamation, including avoiding the use of contaminated materials that could significantly adversely affect water quality, aquatic ecosystems and indigenous biodiversity in the coastal marine area; (d) providing public access, including providing access to and along the coastal marine area at high tide where practicable, unless a restriction on public access is appropriate as provided for in policy 19; (e) the ability to remedy or mitigate adverse effects on the coastal environment; No reclamation or de-reclamation is proposed as part of this application.

18 (f) whether the proposed activity will affect cultural landscapes and sites of significance to tangata whenua; and (g) the ability to avoid consequential erosion and accretion, and other natural hazards. (3) In considering proposed reclamations, have particular regard to the extent to which the reclamation and intended purpose would provide for the efficient operation of infrastructure, including ports, airports, coastal roads, pipelines, electricity transmission, railways and ferry terminals, and of marinas and electricity generation. (4) De-reclamation of redundant reclaimed land is encouraged where it would: (a) restore the natural character and resources of the coastal marine area; and (b) provide for more public open space.

19 Policy 11 Indigenous biological diversity (biodiversity) To protect indigenous biological diversity in the coastal environment: (a) avoid adverse effects of activities on: (i) indigenous taxa that are listed as threatened or at risk in the New Zealand Threat Classification System lists; (ii) taxa that are listed by the International Union for Conservation of Nature and Natural Resources as threatened; (iii) indigenous ecosystems and vegetation types that are threatened in the coastal environment, or are naturally rare; (iv) habitats of indigenous species where the species are at the limit of their natural range, or are naturally rare; (v) areas containing nationally significant examples of indigenous community types; and (vi) areas set aside for full or partial protection of indigenous biological diversity under other legislation; and (b) avoid significant adverse effects and avoid, remedy or mitigate other adverse effects of activities on: (i) areas of predominantly indigenous vegetation in the coastal environment; (ii) habitats in the coastal environment that are important during the vulnerable life stages of indigenous species; (iii) indigenous ecosystems and habitats that are only found in the coastal environment and are particularly vulnerable to modification, including estuaries, lagoons, coastal wetlands, dunelands, intertidal zones, rocky reef systems, eelgrass and saltmarsh; (iv) habitats of indigenous species in the coastal environment that are important for recreational, commercial, traditional or cultural purposes; (v) habitats, including areas and routes, important to migratory species; and (vi) ecological corridors, and areas important for linking or maintaining biological values identified under this policy The application area does not include indigenous taxa that are listed as threatened or at risk in the New Zealand Threat Classification System. Further, there are no areas of predominant indigenous vegetation in the coastal environment or habitats that are important during vulnerable life stages of indigenous species. As noted above, the ecology of the area comprises mainly organisms in the sea bed, biota inhabiting seabed sediment, fauna inhabitant varied manmade structures, seabirds and marine mammals. The proposed works which involve dredging, wharf construction and coastal structures are common within this part of the city centre waterfront and have not resulted in significant adverse effects on the ecology of the area. As a result there are no anticipated changes resulting from the proposal to any indigenous biodiversity and natural character of the coastal environment. Restoration of the natural character of the site is not a practicable option as the Wynyard Basin has been modified a number of times over many years and is now representative of a highly modified coastal environment. Therefore consideration of preservation and restoration needs to be considered in the context of a highly modified land form. Having noted that, it is considered that the proposed development is acceptable within the context of this part of the city centre waterfront environment.

20 Policy Provide in regional policy statements and in plans, as far as practicable, for the control of activities in or near the coastal marine area that could have adverse effects on the coastal environment by causing harmful aquatic organisms 7 to be released or otherwise spread, and include conditions in resource consents, where relevant, to assist with managing the risk of such effects occurring. 2. Recognise that activities relevant to (1) include: a. the introduction of structures likely to be contaminated with harmful aquatic organisms; b. the discharge or disposal of organic material from dredging, or from vessels and structures, whether during maintenance, cleaning or otherwise; and whether in the coastal marine area or on land; c. the provision and ongoing maintenance of moorings, marina berths, jetties and wharves; and d. the establishment and relocation of equipment and stock required for or associated with aquaculture. There are no harmful aquatic organisms identified within this area. The proposed development will not result in the introduction of structures likely to be contaminated with harmful aquatic organisms and discharges of stormwater will also not result in such organisms being introduced to this area. The proposal will result in industry standard accepted practices for discharges from vessels, maintenance and cleaning of vessels, and the maintenance of moorings and berths such that harmful aquatic organisms will not be introduced into this part of the CMA. Policy 13 Preservation of natural character (1) To preserve the natural character of the coastal environment and to protect it from inappropriate subdivision, use, and development: (a) avoid adverse effects of activities on natural character in areas of the coastal environment with outstanding natural character; and (b) avoid significant adverse effects and avoid, remedy or mitigate other adverse effects of activities on natural character in all other areas of the coastal environment; including by: (c) assessing the natural character of the coastal environment of the region or district, by mapping or otherwise identifying at least areas of high natural character; and (d) ensuring that regional policy statements, and plans, identify areas where preserving natural character requires objectives, policies and rules, and include those provisions. (2) Recognise that natural character is not the same as natural features and landscapes or amenity values and may include matters such as: The proposal has been subject to a detailed Landscape and Visual Effects Assessment prepared by Boffa Miskell. Whilst it is recognised that the proposed works will be undertaken in a highly modified part of the coastal environment, the Landscape and Visual Effects Assessment concludes that any adverse effects will be low to nil. The proposal has been developed so that intrusion into the coastal management area by the additional wharf features and breakwaters, and buildings above the wharves, is reduced as far as is practicable. The proposed facility has a functional need to be within the coastal environment. While the proposal will require the amendment to some vessel passages, any adverse effects are considered to be manageable and mitigated by use of standard navigation techniques. Overall it is considered that the proposed works will be acceptable within the surrounding and existing landscape/coastal environment as the works will not

21 (a) natural elements, processes and patterns; (b) biophysical, ecological, geological and geomorphological aspects; (c) natural landforms such as headlands, peninsulas, cliffs, dunes, wetlands, reefs, freshwater springs and surf breaks; (d) the natural movement of water and sediment; (e) the natural darkness of the night sky; (f) places or areas that are wild or scenic; (g) a range of natural character from pristine to modified; and (h) experiential attributes, including the sounds and smell of the sea; and their context or setting protrude noticeably into the wider Waitematā Harbour or the navigation channel and will be constrained within the northern extent of the existing reclamation and within the existing Waterfront Precinct and port management area boundaries. The design, form and character of the wharf extensions will be consistent with existing wharfs on the western edge of Wynyard Precinct. Overall, whilst there will be some change to the character of the local and wider environment, it is concluded that the purpose of this policy which relates to the preservation of natural character, will not be eroded or compromised to an extent which compromises the overall outcomes envisaged by Policy 13. In terms of subsection 2 of Policy 13, this recognises that there are other elements to the coastal environment such as natural features and landscapes and amenity values which are not the same as natural character and these are assessed in other sections of this assessment of the Coastal Policy Statement. Policy 14 Restoration of natural character Promote restoration or rehabilitation of the natural character of the coastal environment, including by: (a) identifying areas and opportunities for restoration or rehabilitation; (b) providing policies, rules and other methods directed at restoration or rehabilitation in regional policy statements, and plans; (c) where practicable, imposing or reviewing restoration or rehabilitation conditions on resource consents and designations, including for the continuation of activities; and recognising that where degraded areas of the coastal environment require restoration or rehabilitation, possible approaches include: (i) restoring indigenous habitats and ecosystems, using local genetic stock where practicable; or This policy relates to the restoration of natural character and seeks to promote restoration or rehabilitation of the natural character of the coastal environment. Following the dredging of parts of the harbour to create the required boat draft depths, the proposed development will result in new coastal structures such as piles and wharfs as well as breakwaters and wave panels which will act as new habitats for ecosystems and crustaceans as well as oyster and mussel habitats. It is also proposed that any discharges into the coastal marine area from the new wharf structures will pass through filtration devices before being discharged. This will remove contaminants from stormwater and result in neutral change to this part of the coastal marine area.

22 (ii) encouraging natural regeneration of indigenous species, recognising the need for effective weed and animal pest management; or (iii) creating or enhancing habitat for indigenous species; or (iv) rehabilitating dunes and other natural coastal features or processes, including saline wetlands and intertidal saltmarsh; or (v) restoring and protecting riparian and intertidal margins; or (vi) reducing or eliminating discharges of contaminants; or (vii) removing redundant structures and materials that have been assessed to have minimal heritage or amenity values and when the removal is authorised by required permits, including an archaeological authority under the Historic Places Act 1993; or (viii) restoring cultural landscape features; or (ix) redesign of structures that interfere with ecosystem processes; or (x) decommissioning or restoring historic landfill and other contaminated sites which are, or have the potential to, leach material into the coastal marine area. There are no significant indigenous habitats or ecosystems that will be affected by the proposal or indigenous species or the need for effective weed management or animal pest management that will require mitigation as part of this application. There are no natural coastal features or processes that will be affected to an extent that requires significant mitigation. However, it is noted that monitoring will be undertaken in terms of water quality, in order to ensure that the water quality of the inner and outer harbour areas remain the same or are improved as a result of this proposal. Policy 15 Natural features and natural landscapes To protect the natural features and natural landscapes (including seascapes) of the coastal environment from inappropriate subdivision, use, and development: (a) avoid adverse effects of activities on outstanding natural features and outstanding natural landscapes in the coastal environment; and (b) avoid significant adverse effects and avoid, remedy, or mitigate other adverse effects of activities on other natural features and natural landscapes in the coastal environment; including by: (c) identifying and assessing the natural features and natural landscapes of the coastal environment of the region or district, at minimum by land typing, soil characterisation and landscape characterisation and having regard to: (i) natural science factors, including geological, topographical, ecological and dynamic components; (ii) the presence of water including in seas, lakes, rivers and streams; In terms of the effect on natural features and natural landscapes (including seascapes) in the coastal environment, it should be noted that the proposed development will not be located in any areas of high or outstanding natural features or landscapes. The Unitary Plan and the Operative Coastal Plan do not identify such features within the vicinity of the proposed development works. As noted earlier, the works will occur in parts of the city centre waterfront that are within existing precinct boundaries or port management areas and protrude less into the harbour than existing reclamations or wharfs on either side. Having said that, the proposal has been developed so that intrusion into the coastal management area by additional wharf features and breakwaters, and development