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Waiheke Local
Board
28 February
2019
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Land
owner approval for the temporary occupation of Tawaipareira Reserve and the associated
construction of a stormwater channel and accompanying works
File No.: CP2019/01993
Te take mō te
pūrongo
Purpose of the report
1. To
obtain land owner approval for the temporary
occupation of Tawaipareira Reserve and the construction of a stormwater channel
within the same reserve.
Whakarāpopototanga matua
Executive summary
2. To
help reduce flooding of Tahi and Ostend Roads and the adjacent properties, it
is proposed to construct a stormwater channel and storage capacity along the
eastern boundary of Tawaipareira Reserve. It is projected that the entire works
will take up to 12 months to complete.
3. The
request for landowner approval for flood mitigation works at Tawaipareira
Reserve has some urgency due to the earthworks timing requirements. If this
earthworks season is missed, then the project will be delayed approximately 5
months.
4. To conduct this work, Healthy Waters will need to temporarily occupy
a portion of Tawaipareira Reserve that is held by the Crown by the Department
of Conservation as unclassified recreation reserve. The Crown have
appointed the council to control and manage this parcel of land on its behalf.
5. The
Waiheke Local Board delegated its powers and functions under the Reserve Act
1977 over the Tawaipareira reserve to a co-management committee; the Rangihoua
and Tawaipareira Management Committee. This committee has not yet been
constituted due to a Ngāti Pāoa mandate issue currently being
resolved by the Māori Land Court. Given the unique circumstances, to
progress the Healthy Waters application the local board could resolve to
withdraw its delegation to the Rangihoua and Tawaipareira Management Committee
for this particular decision.
6. Ngāti
Pāoa Iwi Trust and Ngāti Pāoa Trust Board have been consulted on
the application and its effects, and the proposal to withdraw the delegation to
the Rangihoua and Tawaipareira Management Committee for this decision. Both
entities have expressed support and/or not objected to the decisions for this
Healthy Waters project to progress.
7. Staff
recommend that the local board withdraws the 23 November 2017 delegation and
approves the land owner approval application for the works and associated
occupation.
8. If
approved, the works are expected to start in May 2019. These works are also
subject to resource consent approval. The local board and Ngāti
Pāoa will receive regular updates on the project.
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Ngā tūtohunga
Recommendations
That the Waiheke Local Board:
a) withdraw
the 23 November 2017 delegation (resolution number WHK/2017/1) to the
Rangihoua and Tawaipareira Management Committee in respect of the decision on
the application for Healthy Waters to temporarily occupy Tawaipareira Reserve
for 12 months during the construction of the stormwater channel and
accompanying works; and
b) approve
the land owner application for Healthy Waters to temporarily occupy
Tawaipareira Reserve for 12 months and for the construction of the proposed
stormwater channel and accompanying works.
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Horopaki
Context
9. The
ANZAC catchment is a 110-hectare
upstream catchment which drains to a wetland in the northern extent of
Tawaipareira Reserve, as shown in figure one below.
Figure 1: ANZAC catchment and existing stormwater infrastructure
10. The Tahi Road and Ostend Road areas are subject to flooding and have
historically been victim to flooding damage in heavy rain events.
11. 
The discharge to the estuary was
originally open channel flow, but is now an ageing 825 mm diameter pipe which
is no longer fit for purpose. The flood hazard for the Tawaipareira Reserve and
adjacent commercial land is caused by the inadequate capacity of this pipe. The
two worst instances of recent flooding are the events of January 2011 and March
2017, with photos of the 2017 event shown in figure two below.
Figure 2: Tahi Road Flooding – March 2017
12. Modelling results show that in flood events about 20 properties are
impacted; including the Auckland Council transfer station site, and that
overland flow (flooding) will occur across an extended section of Ostend Road.
13. In a 1 in 100-year event and with a mean high water spring tide,
several floors will be flooded as shown in figure three below. This is expected
to worsen with climate change and sea level rise which is not part of this
model.
Figure 3: Flood Modelling – Tawaipareira Reserve
14. To help reduce flooding of Tahi and Ostend Roads and the adjacent
properties, it is proposed to construct a stormwater channel and storage
capacity along the eastern boundary of Tawaipareira Reserve. As part of these
works, it is proposed to use fill from the newly excavated channel to remediate
existing depressions in the reserve and make it safer for park users. The
existing cap on the landfill will be temporarily removed during the filling
works and reinstated to current closed landfill standards, in accordance with
best practice. The outcome will be an aesthetic and environmental improvement
of the reserve.
15. If approved, the works are expected to start in May 2019. These
works are also subject to resource consent approval. It is projected that the
entire works will take up to 12 months to complete.
16. The
work area and impacted parts of the reserve are shown in Attachment A of this
report. This map shows the work area and notes that most of the park will
remain open for the duration of the works. On occasion there may be periods of
equipment movement across the reserve when access is restricted, but this will
not be often, and the contractor will discuss it with land owners prior to this
taking place.
17. The request from Healthy Waters is time sensitive due to their flood
mitigation works requiring to be begun before winter and the closure of the
earthworks season.
Land status
18. The portion
of land Healthy Waters wish to occupy is Part Lot 125 DP 14355, contained in
Record of Title NA1345/26 (Cancelled). The land is held by the Crown through
the Department of Conservation as unclassified recreation reserve. The council
has been appointed to control and manage this parcel on behalf of the Crown.
19. Part Lot 125
forms part of the former Waiheke Domain, and so until it has been classified in
terms of Section 16 (1) of the Reserves Act, any permit, easement, licence or
lease to be granted over any portion of Part Lot 125, will need to be in the form
of a concession issued in terms of Part IIIB of the Conservation Act 1987.
Permission granted to authorise Healthy Waters to occupy the Crown land will
need to be in the form of a concession.
Decision Making
20. On Thursday, 23 November 2017, the Waiheke Local
Board established the Rangihoua and Tawaipareira Management Committee
consisting of three members of the Waiheke Local Board and three members
elected by Ngāti Pāoa (Resolution number WHK/2017/1) to operate under
approved terms of reference. The terms of reference included delegating the
authority to this subcommittee to exercise Council’s Reserves Act 1977
powers and functions in respect of the Tawaipareira reserve.
21. The
Rangihoua and Tawaipareira Management Committee has not yet been properly
constituted due to a Ngāti Pāoa mandate issue currently being
resolved by the Māori Land Court.
22. Given
this situation, if the Waiheke Local Board wishes to progress the application
for the Healthy Waters flood mitigation works it is able to resolve to withdraw
its delegation for this particular decision and grant the land owner approval
recommended in this report
23. Ngāti Pāoa Iwi Trust and Ngāti
Pāoa Trust Board have been consulted on the proposed withdrawal of the
delegation for this decision and do not object to it.
Tātaritanga me ngā
tohutohu
Analysis and advice
24. Following
the significant flooding event on 8 March 2017, a Tahi Road Stormwater Project
Steering Group was formed consisting of three local board members, three local
business representatives and two senior managers from Auckland
Council The purpose of the Steering Group was:
“To reach consensus on the causes
of flooding in the Tahi Road area and agree on the options to mitigate the
flooding risks.”
25. In
the second Steering Group meeting held on 2 August 2017, options were presented
to provide flow conveyance through the transfer station to reduce the flood
levels for the modelled 10% and 1% AEP (annual exceedance probability) rainfall
events. The preferred option selected by the steering group was an open channel
through the transfer station, along with a box culvert crossing under Ostend
Road and discharging through a coastal outfall.
26. The
Healthy Waters project manager was allocated at this stage and undertook a series
of high-level reviews to confirm the feasibility of the proposed design and
identify potential design efficiencies. This resulted in identification of the
following risks and opportunities:
· The disposal of
excavated material and a new outfall structure discharging to the Coastal
Management Area
· Consenting framework
for the preferred option would be complex because of noncomplying activities
associated with the placement of fill in the closed landfill
· Sizing of the
channel needs to be optimized to accommodate opportunities to intercept
overland flows from higher up the catchment
· Opportunities to
improve the function of the existing wetland to increase the operational
effectiveness of the existing asset and outfall.
27. At
a subsequent steering group meeting held on 1 November 2017, Healthy Waters
discussed these risks and opportunities with the preferred option. The steering
group agreed that it was critical to develop an “optimised
solution” and to therefore delay preliminary design. The steering group
requested another meeting in 27 February 2018, for Healthy Waters to present
their “optimised solution”.
28. A
detailed options analysis was undertaken to evaluate three options against the
status quo. A summary of this analysis is presented below:
Table 1: Tahi
Road Flood Mitigation Project Options Analysis
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Criteria
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Do nothing
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Reinstatement
of the high-level overland flow path
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Retained
channel and box culvert
(Recommended Option)
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Wider banked
channel with a bridge at Ostend Road
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Scale,
scope and location
In relation to
the proposal, what levels of coverage are possible?
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A low capacity,
high level overland flow path and an aging 825mm stormwater pipe beneath the
Waste Transfer Station that connects the Tawaipareira creek to an outfall in
the CMA.
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A shallow
overland flow channel along the eastern and southern boundaries of the
Transfer Station. Flows are uncontrolled beyond that point and discharge to
ground or overflow across Ostend Road and into the CMA. This option has been
considered at the request of stakeholders.
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A deeper channel
with retaining walls. The channel discharges to the CMA via twin box culverts
under Ostend Road and an outlet structure in the CMA.
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A significantly
wider channel than Options 2 and 3 and requires Ostend Road to be bridged
over the channel to discharge to the CMA.
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Service
solution
How can services
be provided?
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35 % to 40 % of
land area affected by significant flooding in the area surrounding
Tawaipareira Reserve land. Flood risk to properties is unchanged, with
flooding continuing to occur during relatively frequent storms. It does not
reduce overland flows across Ostend Rd. It has no impact on the operation of
the transfer station.
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30 % to 35 % of
land area affected by significant flooding in the area surrounding
Tawaipareira Reserve land. The land requirements for the channel would likely
require the Transfer Station layout to be reconfigured, including relocating
the existing site access and weigh station. Overland flows across Ostend Rd
unchanged.
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20 % to 25 % of
land area affected by significant flooding in the area surrounding
Tawaipareira Reserve land. Reduced land requirements within the Transfer
Station and minimises land requirements along the western boundary of
adjacent properties on Tahi Road.
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20 % to 25 % of land
area affected by significant flooding in the area surrounding
Tawaipareira Reserve land.
Healthy Waters has
advised that the land requirements for this option would make ongoing
operation of the Transfer Station unviable, requiring redevelopment of the
Transfer Station on a nearby property.
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Delivery
Approach
How could the
services be delivered?
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N/A
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Traditional
construction contract
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Traditional
construction contract
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Traditional
construction contract
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Implementation
When can the
services be delivered?
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N/A
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Project duration
-
approximately 13
months
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Project duration
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approximately 17
months
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Project duration
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approximately 27
months
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Funding
How
will it be funded?
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No funding
required.
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Council capital
funding.
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Council capital
funding.
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Council capital
funding.
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Construction
Cost (incl disposal of soil)
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$0
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$1.5 m
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$3.8 m
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$6.2 m
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29. Staff
recommend that the option which delivers a deeper channel with retaining walls
discharging to the coastal marine area via twin box culverts under Ostend Road
and an outlet structure in the costal marine area. It offers the most reduction
in flooding risk reducing 20 % to 25 % of land area affected by significant
flooding in the area surrounding Tawaipareira Reserve land. It also
reduces land requirements within the transfer station and minimises land
requirements along the western boundary of adjacent properties on Tahi Road.
This option is the one which is being progressed and for which landowner
approval in this report is sought.
30. The
overall design will also include an improvement to the cap of the closed
landfill. Recontouring at surface level and planting will improve the reserve
once complete.
Other advice
31. There
is another land owner approval application on a different parcel of land within
the same reserve for the operation of a “bike box”. Healthy Waters
have advised that the occupation of the reserve will not impact this proposal
(if it is approved) and that if access is required through the front of the
reserve then they will seek land owner approval for this when needed.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
32. Various
teams within council have been consulted on the proposal including the Parks
and Places Specialist team, Operational Management and Maintenance and the
Closed Landfill team. None have raised any issues and are comfortable with the
work.
33. The
views of council-controlled organisations were not
required for the preparation of this report’s advice. With the exception
of Panuku Development, the proposed project has no identified impacts on other
parts of the council group.
34. For
the properties along Tahi Road there is limited requirement to use or enter the
properties but in the interests of getting agreement with the owners, Panuku
has been tasked with developing agreements with each owner, which at this date
is well advanced.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
Local Impacts
35. The
Tawaipareira Reserve land will be impacted by vegetation clearance immediately
north of the transfer station boundary and the use of the reserve as a fill
area for material cut to form the proposed channel. The area is a closed
landfill site with excavated material expected to be contaminated fill. This
has been a consideration within the resource consent process and it has been
agreed that the landfill in this area will be capped as part of the project to
meet current standards.
36. Included in the landowner agreements is the lease for Waste
Management Limited who is the tenant of the Auckland Council owned land at
108-110 Ostend Rd. A several meter-wide strip of land within the Waste Transfer
Station along the eastern boundary is required for the channel to be cut for
this project. This will result in a significant change to the land area and
have some impact on operations Waste Management Ltd have a lease for. Council
is working with Waste Management on mitigating this impact and are
working to find alternative land for parking and other operations for Waste
Management while this work is undertaken.
37. All affected
private property owners have been consulted with and served notice under the
Local Government Act of these proposed works. Private property owners have
indicated that they will give their consent for the works on the condition that
the design is modified to extend the proposed retaining wall to offer flood
protection to a private property on Tahi Road. The owners have offered to pay
for additional design, consenting, and construction work while Healthy Waters
has advised that the project works will proceed as consented with additional
works carried out by means of variations.
Local Board Views
38. In addition
to involvement in the project steering group, as detailed above, the local
board have workshopped this project and has received several briefings on this
topic.
39. The proposal
supports outcome 6 of the Waiheke Local Board Plan 2017 regarding transport and
infrastructure which lists the objective ‘stormwater is well
managed’ and further lists the following key initiatives of:
· Develop
watershed / catchment management plans in consultation with residents /
businesses and promoting implementation of their recommendations, prioritising
areas of repeated flood events
· Monitor
the drainage network and advocate to the council’s Governing Body for the
development of drainage infrastructure where necessary.
40. The
Tahi Road stormwater project aims to reduce flooding risk in an area subject to
repeated flooding events, without significantly impacting on the environment.
41. The local
board have been generally in agreement with the need to undertake flood
mitigation works.
Tauākī whakaaweawe
Māori
Māori impact statement
42. Tawaipareira
reserve is of high cultural significance for Ngāti Pāoa. The
co-management arrangement detailed above reflects this.
43. Both the Ngāti Pāoa Iwi Trust and the Ngāti Pāoa
Trust Board were formally engaged during this process.
The Ngāti Pāoa Iwi
trust has provided the following response: ’The formal position of the
Ngāti Pāoa Iwi Trust as the mandated PSGE for Ngāti Pāoa is
`neutral` with the proposed storm water channel and retaining along the eastern
boundary of the Tawaipareira Reserve, so long as it complies with the proposed
conditions and in addition ongoing continued engagement with the Ngāti
Pāoa Iwi Trust throughout the lifespan of the proposed works including any
post-remedial work required.”
In addition, the Ngāti Pāoa Trust
Board have advised that they ‘do not foresee any reason
why this important Flood Mitigation Works on Waiheke island at Tawaipareira
Reserve should not be approved/allowed to progress.’
44. In March 2018 Healthy Waters sent letters to iwi including Ngāi
Tai Ki Tamaki, Ngāti Maru, Ngāti Pāoa
and Patukirikiri seeking feedback on the project. Site visits were held in
April 2018 and October 2018 with two iwi representatives present at the latter
site meeting. Both were satisfied with the planned development and expressed no
concerns.
45. Ngāti Pāoa Iwi Trust and the Ngāti Pāoa Trust
Board have been consulted on the proposal for the Waiheke Local Board to
withdraw its delegation to the Rangihoua and Tawaipareira Management Committee
for this particular decision. Both entities were supportive and approved of
this as a practical solution to progress the Healthy Waters works.
Ngā ritenga
ā-pūtea
Financial implications
46. The forecast
budget for the upcoming physical works is close to $5.5 million and is planned
for and agreed within Council’s Healthy Waters Capital Works Budget for
2018/19 and 2019/20. The forecast includes physical works and professional
services for construction supervision and management. The forecast is based on
an Engineer’s Estimate at the end of the design phase.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
47. There are key
three risks for this project which are:
· failure
to get landowner approval for the project;
· failure
to resolve private landowner and business approval to manage the impacts; and
· consenting
and construction delays.
48. If the
Waiheke Local Board does not approve the landowner approval sought in this
report the project will not be able to commence before the closure of the 2019
earthworks season. This would delay the project, increase costs and most
importantly mean that the flooding risk to both private and business properties
will remain. This has been mitigated through workshops and discussions with the
local board to understand and incorporate any feedback.
49. The risk in
regards private landowners is being managed by the property team from
Engineering & Technical Services and Panuku who have been working with
affected landowners to document agreements and appropriate conditions.
Furthermore, the Local Government Act process is nearly complete and will
legally allow for public works on private land subject to any conditions
imposed.
50. Consultation
around the transfer station land is on-going between Healthy Waters, Waste
Solutions, Waste Management, and AIMS.
51. The resource
consent application was submitted in June 2018 and the decision is still
pending to resolve numerous Section 92 planning and technical matters. Planning
advice suggests that the end of the consenting process is near following the
receipt of draft consent conditions on 22 February 2019, which is currently
under review. To expedite progress on the project, the physical works contract
was procured without a granted resource consent. The preferred contractor has
been identified and the contract can be formally awarded on receipt of the
consent decision.
52. Risk specific
to construction shall be managed through the physical works NSZ3910. The
contractor will be required to adhere to approved health and safety,
environmental and quality management plans in accordance with best practice and
council protocols. The design consultant’s services are being secured in
order to maintain daily supervision of construction to ensure compliance.
Ngā koringa ā-muri
Next steps
53. If land owner
approval is granted, then Land Advisory Services will provide Healthy Waters
with a licence to occupy the reserve so that work can progress as soon as
possible.
54. Healthy
Waters will work with the preferred tenderer for the physical works contract
and will be able to award the contract when resource consent is granted.
55. Healthy
Waters is continuing to consult with landowners to secure final agreement to
carry out the works. It is expected that these consents will be in place when
the contractor is ready to mobilise.
56. Construction
is expected to take 12 months. The contractor shall work with Healthy Waters
and its stakeholders to stage the works to meet the needs of affected parties
with respect to the programme.
57. Assess the
requirement for permanent concession for any structures on the land, such as an
easement.
58. The local
board and Ngāti Pāoa will regularly be kept up to date on progress on
this flood mitigation project as it progresses.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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Attachment A - works and occupation area of
Tawaipareira Reserve
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15
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Ngā kaihaina
Signatories
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Author
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Devin Grant-Miles - Land Use Advisor
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Authorisers
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Rod Sheridan - General Manager Community Facilities
Helgard Wagener - Relshp Mgr - Great Barrier and
Waiheke
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