Non-notified resource consent application
report and decision
Summary of decision
File Reference:
WGN190085
Date Granted:
25 October 2028
Applicant:
Wellington City Council
Decision made under:
104B and 108 of the Resource Management Act 1991 (the
Act)
Consent Granted:
Operative Regional Plans 35830: Discretionary Activity
To occupy and use the coastal marine area for the purpose
of undertaking up to 12 fireworks displays per calendar
year within the Wellington Harbour, including any
associated emission of noise and disturbance or deposition
to the coastal marine area.
Proposed Natural Resources Plan
35830: Restricted Discretionary Activity
To occupy and use the coastal marine area for the purpose
of undertaking up to 12 fireworks displays per calendar
year within the Wellington Harbour, including any
associated emission of noise and disturbance or deposition
to the coastal marine area.
Activity:
Fireworks displays from floating platforms moored within
the Wellington Harbour.
Location:
CMA Wellington Harbour
Map Reference:
At or about map reference
NZTM 1749840.5428009 and
NZTM: 1749399.5427971
Legal Description:
Coastal Marine Area (CMA)
Duration of Consent:
10 years to expire on 25 October 2028
Consent conditions:
Attachment 1
Processing timeframes:
Application lodged:
20/09/18
Application officially received:
22/09/18
Applicant to be notified of decision by: 25/10/18
Applicant notified of decision on: 25/10/18
Time taken to process application:
24 working days (including a 4 day s37(4)(a) extension)
Decision:
Decision
Nick Pearson
Resource Advisor,
recommended by:
Environmental Regulation
Decision peer reviewed Doug Fletcher
Resource Advisor,
by:
Environmental Regulation
Decision approved by:
Jo Frances
Team Leader, Environmental
Regulation
Reasons for decision report
1.
Background and proposal
Wellington City Council (the applicant) applied to the Greater Wellington
Regional Council (GW) for a coastal permit to exclusively occupy the coastal
marine area (CMA) for various firework events in the Wellington Harbour (the
Harbour).
The proposal is to:
Undertake firework displays from floating firing platforms (barges, fishing
boats etc) moored in the Inner Harbour; and
To occupy up to 28ha of the CMA as an exclusion zone for no more than
2.5 hours during each show; and
To temporarily moor a barge within the Lambton harbour.
Scheduled displays are for Matariki (June/July), Diwali (October), New
Years Eve and Chinese New Years (February). The applicant has also
applied for provisions to add more shows to mark major sports events and
significant festivals.
No more than 12 shows per year will be undertaken (including provisions
for 7 separate Matariki shows across one week).
On the morning of the each event, temporary mooring blocks/anchors are to be
located on the seabed by a specialist marine services company. The barge is
then towed into the pre-designated firing location, and secured to the temporary
mooring blocks/anchors. At least an hour out from firing, the appropriate
exclusion zones are brought into effect and enforced by the Maritime Police
unit with the assistance of GW Harbour Rangers and Coastguard. Assuming
the exclusion zone is intact and the wind is at or below the regulation limit, the
display will then be fired at the chosen time.
If the wind is in excess of the regulatory limit (currently set at 30km/h, but
subject to change) the display will be delayed until such time as it drops. If the
show cannot take place on the prescribed day (due to wind), it will generally be
delayed until the same time the next day. If then, the conditions are still not
favourable, the show may be delayed until the following weekend or cancelled.
Following the show, the barge is returned to CentrePort and the temporary
moorings are removed.
Smaller shows maybe loaded and prepared at locations other than CentrePort
e.g. Seaview Marina or Evans Bay Marina.
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Figure 1: Location of proposed barge and exclusion zones
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2.
Reasons for resource consent
2.1
Operative Regional Plans
RMA
Plan
Rule
Status
Comments
section
12
Regional
Rule 78
Permitted
The proposed activity cannot meet the
Coastal
conditions of Rule 78, as the proposal
Plan
Rule 85
Discretionary will require exclusive occupation of the
Activity
CMA which is not expressly allowed by
a coastal permit, and is likely to
generate a noise exceeding the levels
defined in section 14.1, the proposal
must be considered under Rule 85.
The proposal is there for considered a
Discretionary Activity.
2.2
Proposed Natural Resources Plan
The Proposed Natural Resources Plan (PNRP) was publicly notified by the
Council on 31 July 2015. All rules in the PNRP have immediate legal effect
under section 86B(3) of the Act. As the application was lodged after
31 July 2015, the PNRP is relevant to determining the resource consents
required, activity status, the notification decisions and the substantive
assessment of the proposal under section 104 of the Act.
RMA
Rule
Status
Comments
section
12
R185
Permitted
The proposal does not meet the conditions of Rule
R185, as the area of exclusive occupation is more
R186
Restricted
than 1ha. It therefore reverts to Rule R186 which is
Discretionary considered to be a
Restricted Discretionary
activity
.
Note: the activity can comply with s5.7.2 – Coastal
Management General Conditions, including condition
(p) noise in the CMA. As standard (x) within
condition (p) excludes commercial fireworks displays
from having to comply with the stated noise
standards.
The proposal activity is located within a site identified in the following
Schedules of the PNRP:
Schedule B; Ngā Taonga Nui a Kiwa
Schedule F2c; Habitats for indigenous birds in the coastal marine area.
The proposal has been assessed against the aforementioned schedules in
section 6.2 of this report.
2.3
Overall activity status
The activity must be assessed as a discretionary activity under the operative
Regional Coastal Plan and a restricted discretionary activity under the Proposed
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Natural Resources Plan. Overall, the activity will be assessed as discretionary
as the most stringent rule must apply.
3.
Consultation
Iwi authority
Comments
Port Nicholson Block
The applicant contacted Port Nicholson Block Settlement Trust
Settlement Trust
directly about the application, Tracey Betham responded on
behalf of Port Nicholson Block Settlement Trust stating that
they had no issue for the fireworks consent.
Ngati Toa Rangatira
The applicant contacted Ngati Toa directly with regards to the
application, Turi Hippolite responded stating that they had no
concerns.
Applicant group(s)
Comments
under the Marine and
In accordance with section 62 of the MACA the applicant has
Coastal Area (Takutai
confirmed that they have notified and sought the views of the
Moana) Act 2011
relevant applicant group(s).
(MACA)
Other parties or persons Comments
DOC
DOC was consulted as an interested party to the application. A
copy of the application was sent but no response was received,
so I therefore consider DOC to have no concerns with the
proposal.
Grant Nalder,
Mr Nalder was consulted with regards to the application and
Harbourmaster, GWRC
had no concerns.
4.
Notification decision
A decision was made to process the application on a non-notified basis on
2 October 2018. Further information on the notification decision is provided in
document # WGN190085-274679358-28.
5.
Environmental effects
The applicant provided an Assessment of Environmental Effects (AEE) with
the application.
This section provides an assessment of the effects of the proposed activity on
the environment. Information has been drawn from the application provided by
the applicant and other information sourced during the processing of the
application.
5.1
Existing environment
The Harbour is located on the southern coast of the Greater Wellington region
and stretches from Eastbourne to the Wellington CBD. The Inner Harbour
includes Lambton Harbour, Oriental Bay and Evans Bay. Due to its sheltered
nature, this part of the Harbour is popular with rowers, dragon boats, and other
personal water craft users.
The application area is surrounded by the residential areas of Oriental Parade,
Roseneath, Mt. Victoria and Kilbirnie. Oriental Parade and Evans Bay Parade
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WGN190085-274679358-29
run adjacent to the shore of Oriental Bay and Evans Bay. As such, much of the
foreshore of this arm of the Harbour has already been artificially modified with
a road and sea walls.
Given their highly urbanised environment and proximity to the airport, these
areas will generally have a high level of daytime background noise.
5.2
Effects on water quality
The fireworks events will discharge some contaminants into the air above the
water of the Harbour. In the combustion of fireworks, the main component is
gunpowder. This combustion results in the release of solid products such as
potassium carbonate, potassium sulphate and potassium sulphide, together with
unreacted sulphur.
The reaction products from the actual effects mixtures are generally solids and
consist of metal oxides and chlorides. However, the effect of the deposition of
fireworks related chemicals on the receiving water is negligible due the
quantities of fireworks material involved and the height above ground of the
display.
Depending on wind conditions, there may also be small amounts of paper and
aluminium foil used to weatherproof fireworks deposited into the harbour
following firing. Less than 500 grams of material will be discharged into the
harbour after each show. Depending on wind conditions at the time and over
the ensuing hours after firing, the applicant has stated that a post event sweep
of potentially affected beaches (e.g. Oriental Bay) will be undertaken to collect
small amounts of paper and aluminium foil that might wash up. A condition of
consent will be written to this effect.
Due to the small quantity of material deposited, and the proposed mitigation
(beach cleanup), I am satisfied that the environmental effects of the proposal
can be appropriately managed through the recommended consent conditions in
Attachment 1.
5.3
Effects of Noise
For the duration of the fireworks noise will be emitted from the activity.
However, this will be of short duration (15 minutes), and will be of low relative
frequency (up to 12 times per year). As such, I consider the noise emission
from this event to have an effect on the environment which is no more than
minor.
5.4
Effects on recreational users
Recreational users will be restricted from using an area of the CMA
approximately 1 hour before and after the shows. The applicant has stated that
the shows will be widely publicised (via print, radio advertising, media
releases, various websites and social media) well ahead of the show day so the
general public are made aware of the noise implications and the brief
restrictions to recreational activity on the harbour.
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I have consulted the GWRC Harbours Department with regards to the
applicants proposal, they did not have any concerns with the proposal effecting
recreational (or commercial) activities.
As the activity will occur after dark, and due to the short timeframe in which
users will be excluded from the CMA, I consider the effects on recreational
users to be less than minor.
5.5
Summary of effects
Given the assessment above, it is considered that the proposed activity will not
result in any more than minor effects when undertaken in accordance with the
recommended consent conditions.
6.
Statutory assessment
6.1
Part 2
Part 2 of the Act outlines the purposes and principles of the Act. Section 5
defines its purpose as the promotion of the sustainable management of natural
and physical resources. Sections 6, 7 and 8 of Part 2 define the matters a
consent authority shall consider when achieving this purpose.
I am satisfied that the granting of the application is consistent with the purpose
and principles in Part 2 of the Act.
6.2
Matters to be considered – Section 104-108AA
Section 104-108AA of the Act provides a statutory framework in which to
consider resource consent applications. All relevant matters to be considered
for this application are summarised in the table below:
RMA
Matter to consider
Comment
section
104(1)(a)
Actual or potential effects
See Section 5 of this report.
on environment
104(1)(ab)
Measures to offset or
The applicant has not proposed any measures
compensate for adverse
to offset or compensate for adverse effects on
effects on the environment the environment.
104(1)(b)(iv) New Zealand Coastal
I consider that, with the application of the
Policy Statement
recommended conditions of consent, the
proposed activity is consistent with the NZCPS
2010.
104(1)(b)(v)
Regional Policy Statement I consider that, with the application of the
recommended conditions of consent, the
proposed activity is consistent with the RPS.
Objective/Policy
Comment
Objective 6
This proposal is not likely to cause any more
than minor effects on water quality due to the
intermittent nature of events and through the
application of consent conditions.
Objective 8
Public access within the coastal marine area
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WGN190085-274679358-29
RMA
Matter to consider
Comment
section
will be limited during event times, this will only
occur after dark, and on an intermittent basis.
Policy 5
This proposal is not likely to cause any more
than minor effects on water quality due to the
intermittent nature of events and through the
application of consent conditions.
Policy 53
Public access to and along the coastal marine
area, lakes and rivers has been taken into
consideration when making my
recommendations.
104(1)(b)(vi)
Operative Regional
I consider that, with the application of the
Coastal Plan
recommended conditions of consent, the
proposed activity is consistent with the
Regional Coastal Plan.
Objective/Policy
Comment
Objective 4.1.16
Iwi have been consulted with regards to the
Tangata whenua are
application, I therefore consider the proposal
consulted on resource
to be consistent with this objective
consent applications which
may affect their interests
and values.
Objective 4.1.23
I consider that, with the application of the
Conditions placed on
recommended conditions of consent, the
resource consents are
proposed activity is consistent with this
used as a means of
objective.
avoiding, mitigating or
remedying adverse effects.
Policy 4.2.17
I consider that due to the public safety risk
To recognise that there are involved with displaying fireworks, an
circumstances when public exclusion zone limiting public access within
access along the coastal
the vicinity of the firing barge is consistent with
marine area is not
this policy
appropriate and other
circumstances where it is
not practicable because of
the nature of the coastline.
Objective 10.1.1, 10.1.2,
The level of discharge associated with this
10.1.3 and 10.1.5
proposal is considered minor, and the
volunteered mitigations by the applicant are
considered to mitigate the effects of the
discharge to protect water quality. I therefore
consider the proposal to be consistent with this
policy.
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RMA
Matter to consider
Comment
section
Objective 13.1.1
I consider that, with the application of the
People and communities
recommended conditions of consent, the
are allowed to carry out
proposed activity is consistent with this
activities on the foreshore
objective.
and on the surface of water
in the coastal marine area
where such activities have
no more than minor
adverse effects.
Objective 13.1.4
I consider firework displays to be a special
Provision is made for
activity within the costal marine area and
appropriate special
therefore consider the proposal to be
activities in the coastal
consistent with this objective
marine area.
Policy 13.2.1 and 13.2.2
I consider that, with the application of the
recommended conditions of consent, the
proposed activity is consistent with these
policies.
Proposed Natural Resources Plan
Objectives
I consider that, with the application of the
Objective O2
recommended conditions of consent, the
Objective O4
proposed activity is consistent with the
Proposed Natural Resources Plan.
Objective O5
Proposed Natural
I consider that, with the application of the
Resources Plan
recommended conditions of consent, the
proposed activity is consistent with the
Proposed Natural Resources Plan.
Objectives
Comment
Objective O2
The proposal is consistent with this objective
The importance and
where applicable.
contribution of land and
water to the social,
economic and cultural well-
being of the community are
recognised.
Objective O4
The proposal has taken these aspects into
The intrinsic values of
account and minimised its impacts to the
aquatic fresh water and
smallest practicable amount.
marine ecosystems and
the life supporting capacity
of water are recognised.
Objective O5
Fresh water bodies and the
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RMA
Matter to consider
Comment
section
coastal marine area, as a
minimum, are managed to
safeguard aquatic
ecosystem health and
mahinga kai, and provide
for contact recreation and
Māori customary use.
Objective O23
The quality of water in the
region’s rivers, lakes,
natural wetlands,
groundwater and the
coastal marine area is
maintained or improved.
Objective O35
Ecosystems and habitats
with significant indigenous
biodiversity values are
protected and restored.
Objective O39
Ambient air quality is
maintained or improved to
the acceptable category or
better in Schedule L1
(ambient air).
Objective O40
Human health, property,
and the environment are
protected from the adverse
effects of point source
discharges of air
pollutants.
Objective O58
Due to the short and intermittent nature of
Noise, including
events, I consider the proposal to have no
underwater noise, from
more than minor effects on health and well-
activities in the coastal
being of marine fauna, and the health and
marine area is managed to amenity value of users of the coastal marine
maintain the health and
area.
well-being of marine fauna,
and the health and amenity
value of users of the
coastal marine area.
Objective O59
Allthough the proposed activity exclusively
The efficient and safe
occupies the CMA for a short period of time
passage of vessels and
during each event, I consider this to have no
aircraft that support the
effect on the movement of people, goods and
movement of people,
services. I therefore consider this objective to
goods and services is
be met.
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RMA
Matter to consider
Comment
section
provided for in the coastal
marine area.
Policies
Comment
Policy P4: Minimising
Through the application of the conditions of
adverse effects
consent, this policy has been taken into
account.
Policy P7: Uses of land
The cultural, social and economic benefits of
and water
using land and water for transport along, and
access to, water bodies has been recognised
Policy P18: Mana whenua
The relevant iwi have been consulted and any
relationships with Ngā
views expressed have been taken into account
Taonga Nui a Kiwa
when making my recommendations.
Policy P31: Aquatic
Through the application of the conditions of
ecosystem health and
consent, all aspects of this policy have been
mahinga kai
taken into account.
Policy P32: Adverse
This proposal avoids significant adverse
effects on aquatic
effects on mahinga kai. The proposal therefore
ecosystem health and
meets this policy.
mahinga kai
Policy P40: Ecosystems
The proposal has been considered with
and habitats with
respect to this policy and is not expected to
significant indigenous
have any noticeable effects on indigenous bird
biodiversity values
habitat.
Policy P52 and P55:
The proposal has been considered with
Managing ambient air
respect to these policies and is expected to
quality and amenity
have no more than minor, temporary, effects
on air quality and amenity.
Policy P67: Minimising
Through the application of the conditions of
effects of discharges
consent, all aspects of this policy have been
taken into account.
Policy P150: Noise and
The proposal has been considered with
lighting
respect to this policy. Although the proposal
will result in significant noise, it will meet
conditions as set out in section 5.7.2 of the
Plan as the proposal is for various commercial
firework displays, and is therefore exempt to
noise restrictions.
104(1)(c)
Any other matter
There are no other matters relevant to this
application.
104(2A)
Value of investment for
I have considered the value of existing
existing consents
investment associated with this application.
104D
(a) The adverse effects of
The activity is considered to have no more
the activity on the
than minor adverse effects and is not contrary
environment will be minor.
to the objectives and policies of operative
Regional Coastal Plan and the Proposed
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RMA
Matter to consider
Comment
section
Natural Resources Plan
108 – 108AA Conditions on resource
All conditions of consent are compliant with
consents
108-108AA. All conditions are documented in
Attachment 1 to this report.
7.
Main findings
In conclusion:
1. The proposed activity is consistent with the Purposes and Principles of the
Resource Management Act 1991.
2. The proposed activity is consistent with the relevant objectives and
policies of the Regional Policy Statement and the Operative Regional
Coastal Plan and the Proposed Natural Resources Plan.
3. The actual or potential adverse effects of the proposed activity on the
environment will be or are likely to be no more than minor.
4. Conditions of the consent will ensure that the effects of the activity on the
environment will be appropriately avoided, remedied or mitigated.
5. The proposal incorporates appropriate mitigation measures, to ensure the
adverse effects are or are likely to be no more than minor.
8.
Duration of consent
The applicant has not requested a specific duration of consent. I consider 10
years to be an appropriate duration for this consent.
9.
Monitoring
The following compliance monitoring programme will be undertaken during
the consent term:
No scheduled inspections
Reporting requirements under conditions 2 and 3 and 6.
Charges relating to this monitoring programme are outlined in the cover letter
enclosed with this report.
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Attachment 1: Consent conditions
General condition
1.
The activity shall be in accordance with the consent application and its
associated plans and documents lodged with the Wellington Regional Council
on 20 September 2018 and the further information lodged on:
2 October 2018 (via email, relating to wind speed)
Where there may be contradiction or inconsistencies between the applications
and further information provided by the applicant, the most recent information
applies. In addition, where there may be inconsistencies between information
provided by the applicant and conditions of the consent, the conditions apply.
Note: Any change from the location, design concepts and parameters,
implementation and/or operation may require a new resource consent or a
change of consent conditions pursuant to section 127 of the Resource
Management Act 1991.
2.
The consent holder shall submit annually, prior to 1 November, a schedule of
all events in the following year to the Manager, Environmental Regulation,
Wellington Regional Council annually.
Note: the required schedule can be emailed to [email address].
Please include the consent number WGN190085.
3.
The consent holder shall provide the Harbour Master, Wellington Regional
Council a minimum of 24 hours written notice prior to each event authorised
by this permit.
4.
The consent holder shall provide a copy of this consent and any documents and
plans referred to in this consent to each operator or contractor undertaking
works authorised by this consent, prior to the works commencing.
Note: It is recommended that the contractors be verbally briefed on the
requirements of the conditions of this consent prior to works commencing.
5.
The consent holder shall ensure that a copy of this consent and all documents
and plans referred to in this consent, are kept on site at all times and presented
to any Wellington Regional Council officer on request.
Complaints
6.
The consent holder shall keep a record of any complaints that are received.
The complaints record shall contain the following where practicable:
The name and address of the complainant, if supplied
Identification of the nature of the complaint
Date and time of the complaint and alleged event
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Weather conditions at the time of the alleged event, and
Any mitigation measures adopted
In the case of receiving any complaints, the consent holder shall notify the
Wellington Regional Council immediately.
The consent holder shall also notify the Manager, Environmental Regulation,
Wellington Regional Council, in writing of any complaints relating to the
exercise of this permit within 24 hours of being received by the consent holder
or the next working day.
Note: complaints can be emailed to [email address]. Please include
the consent number WGN190085.
Operational conditions
7.
The consent holder shall take all practicable measures to ensure that the safety
of the public is not compromised during the exercise of the permit.
8.
All activities affecting the coastal marine area, including tidy up on completion
of activity, shall be to the satisfaction of the Manager, Environmental
Regulation, Wellington Regional Council.
Review condition
9.
Wellington Regional Council may review any or all conditions of this consent
by giving notice of its intention to do so pursuant to section 128 of the
Resource Management Act 1991, within one month of each anniversary of the
commencement of this consent, for any of the following reasons:
a)
To review the adequacy of any plan and/or monitoring requirements,
and if necessary, amend these requirements outlined in this consent
b)
To deal with any adverse effects on the environment that may arise
from the exercise of this consent; and which are appropriate to deal
with at a later stage
c)
To require the implementation of Best Practicable Options, in respect
to new methodologies for the undertaking of the works to avoid,
remedy or mitigate any significant adverse effect on the environment
arising from the works
d)
To enable consistency with any relevant Regional Plans or any
National Environmental Standards or Regulations
The review of conditions shall allow for the deletion or amendment of
conditions of this consent; and the addition of such new conditions as are
shown to be necessary to avoid, remedy or mitigate any significant adverse
effects on the environment.
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Note: For the purposes of this condition the “exercise of the consent” is
deemed to be once the works authorised by this consent have commenced.
10.
The Wellington Regional Council shall be entitled to recover from the consent
holder the costs of any review, calculated in accordance with and limited to the
Council’s scale of charges in force and applicable at that time pursuant to
section 36 of the Resource Management Act 1991.
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