From:
Kate Rogers <[email address]> on behalf of Kate Rogers
Sent on:
Tuesday, October 5, 2021 11:51:46 PM
Subject:
PNRP - Notice of application for direction and orders in relation to the
identification of river mouths [DLA-CLIENT.FID643952]
Attachments: 20211001 - Affidavit of Iain Dawe(7348109.1).pdf (2.65 MB), 20211006 -
Memorandum of Counsel supporting application for declaration and order
under section 293 of the RM(7087055(7342242.1) (002).pdf (186.09 KB),
20211006 - Application for declaration and order under section 293 of the
RMA(7087056(7342231.1).pdf (150.32 KB), 20211006 - Notice of
application for declaration(7273099(7342258.1).pdf (147.7 KB)
Good afternoon,
Earlier today, the Council applied to the Environment Court for a declaration and consequential orders
in relation to the way river mouths are identified in the Proposed Natural Resources Plan (
PNRP).
The Council is seeking a declaration 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.’ This is then supported by an application for an order that the following text be inserted in
the PNRP:
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.
The declaration and orders are sought because (through an error) the definition of river mouth in the
Regional Coastal Plan (
RCP) was not carried through to the PNRP. Due to this, the PNRP does not
identify river mouths (except for in some limited circumstances (Maps 42 to 48)). The declaration and
orders sought will update the PNRP to reflect the RCP.
The Council seeks this declaration and orders to provide certainty to PNRP users. As the PNRP is
currently silent, the Council is concerned that this may create a lack of clarity for those carrying out or
regulating activities on the coast and costs will be incurred trying to determine the correct
location. The order sought will ensure that all parties will be able to confirm where the river mouths
are in the Wellington Region (and therefore, the coastal marine area) through reference to the
PNRP. The Council does not consider that the amendment to the PNRP will result in any material
change from the current situation – the location of a river mouth will stay the same, the only change
will be that there will be clear definition of where the river mouth is in the PNRP. The application
documents provide a more detailed explanation.
You have been served with this application either because you were an appellant or 274 party on the
PNRP appeals, or are a territorial authority in the Wellington Region. The Council applied for and
received directions from the Court that this group was the appropriate group to serve this application
on.
The Council is happy to discuss this application with you.
Regards, Kate
Kate Rogers
Senior Associate
T:
+64 4 918 3050
M:
+64 27 310 1587
[email address]
www.dlapiper.com
