Before the Environment Court
At Wellington
I Mua I te Kōti Taiao
Te Whanganui-a-Tara Rohe
ENV-2019-346-103
Under
Clause 14 of Schedule 1, Section 310, and Section 293 of
the Resource Management Act 1991
In the matter of
appeals on the Proposed Natural Resources Plan
And
In the matter of
an application for a declaration and consequential orders
Between
Various
Appellants
ENV-2019-000103, 105-133
And
Wellington Regional Council
Respondent
Application for directions for service for the application by the Wellington
Regional Council for a declaration under section 310 and an order under
section 293 in relation to the definition of river 'mouth'
Date: 17
September 2021
7273089.4
Level 4, 20 Customhouse Quay, Wellington 6011
PO Box 2791, Wellington 6140
DX SP20002, Wellington
Tel +64 4 472 6289
Fax +64 4 472 7429
20210917 - 1 - Application for directions as to service(7273089.4)(7295482.1).docx
To:
The Registrar
Environment Court
WELLINGTON
MAY IT PLEASE THE COURT
1
Wellington Regional Council (
Council) intends to apply for a
declaration in relation to the location of river mouths in the Wellington
Region, and a consequential application for orders under section 293 of
the Resource Management Act 1991 (
RMA).
2
The declaration sought is to remedy an error in the Proposed Natural
Resources Plan (
PNRP), in that it does not identify river mouths (except
for those rivers on Maps 42 to 48, which relate to main rivers). Many
smaller river mouths and stream boundaries have not been mapped and
accordingly, the landward extent of the coastal marine area is not
delineated. The declaration sought reflects the approach taken in the
operative Regional Coastal Plan.
3
The declaration sought is that:
When determining the location of a river mouth in the
Wellington Region, not shown on Maps 42 to 48, the
mouth is deemed to be a straight line representing the
continuation of the line of Mean High-Water Springs on
each side of the river at the river outlet.
4
Based on the definition, the location of a river 'mouth' can be as agreed
between the Minister of Conservation, the Council, and the appropriate
territorial authority
prior to notification of the PNRP, or via declaration
by the Environment Court under section 310 before the PNRP becomes
operative. As the PNRP has been notified, and advanced to the point
that the majority of appeals on the PNRP have been resolved, with the
error only subsequently being discovered, the first option is no longer
available. Hence this application.
5
In order to give effect to the declaration, the Council also applies for
orders under section 293 of the RMA to insert the following text into the
PNRP:
1
Maps 42 to 48 show where the Coastal Marine Area and
river mouth boundaries are located. For the remaining
rivers in the Wellington Region not shown on Maps 42 to
48, the mouth is deemed to be a straight line representing
the continuation of the line of Mean High Water Springs
on each side of the river at the river outlet.
The Coastal Marine Area means the foreshore, seabed,
and coastal water, and the air space above the water—
(a) of which the seaward boundary is the outer
limits of the territorial sea:
(b) of which the landward boundary is the line
of mean high water springs, except that where
that line crosses a river, the landward
boundary at that point shall be whichever is
the lesser of—
(i) 1 kilometre upstream from the
mouth of the river; or
(ii) the point upstream that is
calculated by multiplying the
width of the river mouth by 5.
6
The Council is seeking directions from the Court in relation to service of
the application under section 312 of the RMA and service of the section
293 application.
7
Section 312(1) of the RMA requires the application is served on every
person directly affected by the application within 5 days of the
declaration application being made.
8
The Council proposes to notify the following people directly:
8.1
The Minister of Conservation
8.2
All Territorial Authorities in the Wellington Region, being
Hutt City Council, Porirua City Council, Upper Hutt City
Council, Wellington City Council, Carterton District Council,
Kapiti Coast District Council, Masterton District Council,
South Wairarapa District Council, and part of Tararua District
Council.
8.3
All appellants and section 274 parties on the PNRP.
9
It is submitted that this group will capture the authorities who may be
impacted by the change of geographical jurisdiction, and this provides
2
notification to those parties who are involved in the appeal proceedings
which provide a basis for this application.
10
Council seeks directions that the above notice is sufficient to meet the
requirements of section 312 and section 293.
11
This position is supported by:
11.1
The affidavit of Dr Dawe, on behalf of the Council (unsworn
at this stage).
11.2
Memorandum of Counsel on the application for directions.
12
In addition, draft copies of the following are provided to the Court for
further information on the proposed applications:
12.1
Draft application for declaration under section 310 and an
order under section 293 in relation to the definition of river
'mouth'
12.2
Draft notice of application for declaration under section 310
and an order under section 293 in relation to the definition of
river 'mouth'
12.3
Draft memorandum of Counsel supporting application for
declaration and order in relation to the definition of river
'mouth'.
Date:
17 September 2021
. . . . . . . . . . . . . . . . . . . . . . . . . .
Kerry M Anderson/Kate H Rogers
Counsel for Wellington Regional
Council
3
This document is filed by Kerry Murray Anderson of DLA Piper New Zealand, solicitor
for Wellington Regional Council.
The address for service on Wellington Regional Council is at:
DLA Piper New Zealand
4th Floor
Deloitte House
20 Customhouse Quay
Wellington 6011
Documents for service on Wellington Regional Council may be:
•
left at the above address for service, or
•
posted to the solicitor at PO Box 2791, Wellington 6140, or
•
transmitted to the solicitor by fax on +64 4 472 7429.
Please direct enquiries to:
Kate Rogers
Tel +64 4 918 3050
Fax +64 4 472 7429
Em
ail [email address]
4
