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Te take mō te pūrongo
Purpose
of the report
1. To
advise the Aotea Great Barrier Local Board of the Environmental Protection
Authority decision on the Coastal Resources Limited dumping consent
application and recommend the possible next steps.
Whakarāpopototanga matua
Executive
summary
Background
2. On
5 June 2018, Coastal Resources Limited (CRL) lodged an application with the
Environmental Protection Authority (EPA) for a 35-year marine dumping consent
to annually dump up to 250,000m3 of mechanically dredged material
from source sites within Auckland and Waikato, at an existing dump site
(known as the Northern Disposal Area) in the ocean, 25km east of Aotea Great
Barrier Island.
3. Concerns
about the potential impact of the dumping consent by CRL on the environment
and the strong feelings of opposition from the community persuaded the local
board to lodge a submission objecting to the application (attachment A). This
submission was lodged on 10 September 2018 and the local board chair spoke to
the submission at a hearing held on 12 December 2018.
Decision
4. On
14 February 2019, the local board received notification that the CRL consent
had been granted, subject to a suit of conditions.
5. While
it was recognised that several submitters opposed the grant of consent, the
Decision-Making Committee (DMC) found that that any adverse effects
(including cumulative effects) will be negligible beyond the boundary of the
Northern Disposal Area and that the suite of conditions imposed will ensure
that any adverse effects are appropriately avoided, remedied and mitigated.
Further details can be located in the decision report (attachment B).
Appeals
6. Under s 12(3) of the Local Government (Auckland Council) Act 2009,
local boards do not have separate legal standing from Auckland Council and
cannot commence or be a party to legal proceedings. Accordingly, a local
board could not bring proceedings in its own right but would have to do so as
Auckland Council.
7. Appeals
against the decision could be lodged within 15 working days of the appellant
receiving notification of the decision. The appeal period ended on 7 March
2019.
8. The
local board received legal advice that there is not a reasonable chance for
the local board to successfully appeal the decision to the High Court on
behalf of Auckland Council on questions of law. The appeal cannot be
‘on the merits’ and it is not appropriate to introduce new
evidence on appeal in questions of law that was not presented by the local
board to the Decision-Making Committee.
9. Other
submitters to the Decision-Making Committee may have
grounds of appeal that are not available to the local board. Joining other
submitters in any appeal process that is not based on grounds that are
available to Auckland Council exposes the council to the possibility of an
adverse cost order being awarded by the High Court against the council.
10. We
have been advised of two appeals to the decision:
· Kelly Moana Klink, Ngati Rehua Ngatiwai ki Aotea, lodged an appeal
in the High Court against the consent granted to CRL. Please note the press
release as attachment C for further details.
· Society for the
Protection of Aotea Community & Ecology Inc (SPACE) have also lodged an
appeal on behalf of 13 of the original submitters who are members of that
incorporated society.
11. While
the local board has not pursued an appeal in its own right against the
decision, the board maintains its strong opposition to the marine dumping
consent that has been granted. The board has expressed a desire to
provide support to the appellants.
12. Advice
obtained from staff confirms that the local board may contribute funds from
its iwi responsiveness fund to the interim Ngati Rehua Ngatiwai ki Aotea
Trust to support their appeal to the High Court.
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