Deterimination of MHWS along Titahi Bay Main Road.
Brian Warburton made this Official Information request to Porirua City Council
The request was successful.
From: Brian Warburton
Dear Porirua City Council,
The Porirua City Council (PCC) is in the process of seeking RMA consents for the Council's Wineera to Onepoto walkway/cycleway project.
The proposal entails construction works within the coastal marine area (the CMA) essentially along the eastern edge of the Titahi Bay Main Road embankment.
The landward limit of the CMA is defined by the alignment of the Mean High Water Springs (MHWS) - see section 2 of the RMA.
The consent application documents suggest that the project has been promulgated on a presumption that the line of MHWS is at an elevation of 0.9m above datum. But the application documents do not include any information describing why this is the case, nor how the 0.9+datum was delineated/defined.
Nor does the application compare this MHWS elevation value with the MHWS elevation values previously "adopted' by PCC (for example, with the Wastewater Treatment Application, the "coastal restoration" projects at Titahi Bay and at the Plimmerton Fire Station, etc.
For all intents and purpose the application has just 'plucked a number'.
The position of the MHWS is a key consideration in reconciling the extent of the consents required under s.9 and/or under s.12 of the RMA.
In light of the above, please provide me with the following information:
- in the preparation of its consent application did PCC undertake a site-specific survey to determine the alignment of MHWS.
- if PCC undertook such a survey what was the outcome of that.
- if PCC undertook such a survey what was method used to determine the alignment of the MHWS.
- if no such survey was undertaken, was that a deliberate decision or was it an oversight.
- if PCC didn't undertake an up-to-date site-specific survey, and relied upon other information about the location of the MHWS what was that other information it relied upon.
- if the omission of such a survey was a deliberate decision the corresponding reasons.
Yours faithfully,
Brian Warburton
From: Official Information
Porirua City Council
Kia ora Brian
Receipt of request for official information
Thank you for your request for official information received on 13
November 2022 relating to the determination of MHWS along Titahi Bay Road.
We are processing your request under the Local Government Official
Information and Meetings Act (LGOIMA) 1987.
You can expect a reply no later than 9 December 2022, which is 20 working
days from the day we received your request. If we’re unable to respond by
then we will notify you that the timeframe has been extended.
If your request requires significant staff time and/or costs there may be
a charge. If this is the case, we’ll let you know in advance, so you can
decide whether or not to proceed.
Please note that we may publish our response to your request on the
Council’s website if we consider it is of wider public interest.
Our reference code for any correspondence on this matter is OIA 22-176.
If you have any queries, please get in touch at
[1][Porirua City Council request email] or phone 04 237 1411.
Ngā mihi,
Moana Wyatt (she/her)
Principal Advisor (Chief Executive’s Office)
Kaitohutohu Matua (Tari a te Tumuaki)
Tel: 04 237 1411 I [mobile number]
[2]poriruacity.govt.nz
From: Brian Warburton <[FOI #21122 email]>
Sent: Sunday, 13 November 2022 3:46 pm
To: Official Information <[Porirua City Council request email]>
Subject: [EXTERNAL] Official Information request - Deterimination of MHWS
along Titahi Bay Main Road.
Dear Porirua City Council,
The Porirua City Council (PCC) is in the process of seeking RMA consents
for the Council's Wineera to Onepoto walkway/cycleway project.
The proposal entails construction works within the coastal marine area
(the CMA) essentially along the eastern edge of the Titahi Bay Main Road
embankment.
The landward limit of the CMA is defined by the alignment of the Mean High
Water Springs (MHWS) - see section 2 of the RMA.
The consent application documents suggest that the project has been
promulgated on a presumption that the line of MHWS is at an elevation of
0.9m above datum. But the application documents do not include any
information describing why this is the case, nor how the 0.9+datum was
delineated/defined.
Nor does the application compare this MHWS elevation value with the MHWS
elevation values previously "adopted' by PCC (for example, with the
Wastewater Treatment Application, the "coastal restoration" projects at
Titahi Bay and at the Plimmerton Fire Station, etc.
For all intents and purpose the application has just 'plucked a number'.
The position of the MHWS is a key consideration in reconciling the extent
of the consents required under s.9 and/or under s.12 of the RMA.
In light of the above, please provide me with the following information:
- in the preparation of its consent application did PCC undertake a
site-specific survey to determine the alignment of MHWS.
- if PCC undertook such a survey what was the outcome of that.
- if PCC undertook such a survey what was method used to determine the
alignment of the MHWS.
- if no such survey was undertaken, was that a deliberate decision or was
it an oversight.
- if PCC didn't undertake an up-to-date site-specific survey, and relied
upon other information about the location of the MHWS what was that other
information it relied upon.
- if the omission of such a survey was a deliberate decision the
corresponding reasons.
Yours faithfully,
Brian Warburton
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From: Official Information
Porirua City Council
Kia ora Brian
Please find attached a reply to your recent Local Government Official
Information and Meetings Act request relating to the determination of MHWS
along Titahi Bay Road.
Ngā mihi,
Moana Wyatt (she/her)
Principal Advisor (Chief Executive’s Office)
Kaitohutohu Matua (Tari a te Tumuaki)
Tel: 04 237 1411 I [mobile number]
[1]poriruacity.govt.nz
Disclaimer
---
The content of this email is confidential, may be legally privileged and
is intended only for the person named above. If this email is not
addressed to you, you must not use, disclose or distribute any of the
content. If you have received this email by mistake, please notify the
sender by return email and delete the email. Thank you.
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Visible links
1. https://poriruacity.govt.nz/
From: Brian Warburton
Dear Porirua City Council,
Thanks Moana
That's very useful, and interesting in terms of city-wide implications.
I can't see the information as a document included with the application for resource consent.
https://poriruacity.govt.nz/documents/73...
Is it correct that the bathymetric survey was not included?.
Yours faithfully,
Brian Warburton
From: Brian Warburton
Dear Official Information,
Hello Moana
I see that the DML report is referenced in the Attachments 2 and 3 to the consent application. So I’ve answered my own question. So no need to reply to my query.
Thanks
Yours sincerely,
Brian Warburton
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