2 October 2007
New Zealand Railways Corporation
Enquiries to: 9(2)(a) Privacy
C/- McNulty Engineering Management Ltd
Our Reference: RC07176
PO Box 193
HOKITIKA
Attention: 9(2)(a) Privacy
Dear 9(2)(a) Privacy
NEW ZEALAND RAILWAYS CORPORATION
RESOURCE CONSENT FILE NUMBER RC07176
COASTAL PERMITS RC07176/8-12
LAND USE CONSENT RC07176/13
DISCHARGE PERMIT RC07176/14
By delegated authority of Council you are advised that the above application for resource
consent has been granted.
Please note that this letter is not the actual resource consent document (refer to Objection and
Costs Sections at end of the letter).
DECISION
Pursuant to Sections 104B, 104C and 105 of the Resource Management Act 1991, five (5)
Coastal Permits, one (1) Land Use Consent and one (1) Discharge Permit have been granted to
New Zealand Railways Corporation for the purpose as described below and subject to the
following conditions.
PURPOSE OF RESOURCE CONSENT
Consent No
Consent Type
Activity / Location
RC07176/8
Coastal Permit
To occupy space in the Coastal Marine Area for Railway
Bridge 123, north of Westport.
RC07176/9
Coastal Permit
To remove an existing bridge, and erect a replacement
bridge within the Coastal Marine Area, north of
Westport.
RC07176/10
Coastal Permit
To remove and deposit material within the Coastal
Marine Area at Orowaiti Lagoon for the purpose of
replacing Railway Bridge 123, north of Westport.
RC07176/11
Coastal Permit
To take coastal water from the Orowaiti Lagoon
associated with the replacement of Railway Bridge 123,
north of Westport.
Consent No
Consent Type
Activity / Location
RC07176/12
Coastal Permit
To incidentally discharge sediment to the Coastal
Marine Area at Orowaiti Lagoon associated with the
replacement of Railway Bridge 123, north of Westport.
RC07176/13
Land Use Consent
To undertake earthworks and clear vegetation within
the riparian margins of the Orowaiti Lagoon for the
purpose of replacing Railway Bridge 123, north of
Westport.
RC07176/14
Discharge Permit
To discharge liquid from the dewatering of bridge piles
to land, associated with the replacement of Railway
Bridge 123, north of Westport.
LOCATION
Railway Bridge 123, Orowaiti Lagoon
MAP REFERENCE
At or about NZMS 260 K29: 961-374
CONSENT CONDITIONS
Pursuant to Section 108 of the Resource Management Act 1991, the Resource Consents include
the following conditions:
1. Works and activities shall be carried out in general accordance with the details contained in
the consent application submitted to the Consent Authority, except where inconsistent with
these conditions. Any change or cancellation of consent conditions shall be done in
accordance with Section 127 of the Resource Management Act 1991.
2. The Consent Holder shall supply any agent or contractor working under these consents with
a copy of the consents.
3. Any person working under these consents shall have a copy of the consents on site and
present it to an officer of the Consent Authority upon request.
4. While exercising these consents the Consent Holder shall ensure that:
a)
The Westport water main is not damaged;
b)
Unnecessary damage to lagoon banks and lagoon bank vegetation is avoided;
c)
No land instability or erosion occurs;
d)
Existing access points are used where practicable;
e)
No refuelling or fuel storage occurs in the lagoon bed or within 3 metres of the
banks of the lagoon;
f)
Machinery activity in the wet bed of the lagoon is kept to a minimum;
g)
All machinery is cleaned before entering the lagoon bed; and
h)
All refuse, rubbish and debris are removed and disposed of at a suitably
approved site.
5. All disturbed vegetation, soil or debris shall be deposited or contained to prevent the
movement of the disturbed matter so that it does not result in:
a)
The diversion or blockage of any water body; or
b)
The passage of fish being impeded; or
c)
Flooding or erosion.
6. The Consent Holder shall ensure that sediment losses to natural water from the exercise of
these consents are avoided.
7. Refuelling, lubrication and any mechanical repairs of any equipment used under these
consents shall be undertaken in such a manner so as to ensure that no spillages of
hazardous substances onto the land surface or into water occur. If a fuel spillage in excess
of 20 litres occurs, the Consent Holder shall inform the Consent Authority immediately.
8. Notwithstanding Condition 7, no lubrication, cleaning or mechanical repairs shall be
undertaken within the coastal marine area or the bed of the Orowaiti Lagoon.
9. To avoid the spread of Didymo, no equipment shall be used in the exercise of these
consents that has been used previously to undertake activities in the Buller River or any
other water body know to contain Didymo, unless that equipment has been thoroughly
cleaned in accordance with the attached Biosecurity New Zealand document titled “Cleaning
Methods for Freshwater Activities”.
10. The Consent Holder shall ensure that any flax plants removed during the exercise of these
consents shall, as far as practicable, be replanted at their original locations at the
completion of the bridge replacement works.
11. In the event of any disturbance of Koiwi Tangata (human bones) or Taonga (artefacts,
including pounamu), the Consent Holder shall:
a)
Cease any further excavation for a period of at least 24 hours; and
b)
Immediately advise the Consent Authority of the disturbance; and
c)
Immediately advise the Upoko of the Papatipu Runanga, or the representative,
of the disturbance; and
d)
Immediately advise the Regional Archaeologist of the New Zealand Historic
Places Trust, except in relation to disturbance of unworked pounamu.
12. If the Consent Holder identifies any archaeological remains or potential areas or sites of
historic value, the Consent Holder shall immediately notify the Consent Authority and the
Regional Archaeologist of the New Zealand Historic Places Trust.
13. The Consent Holder shall pay to the Consent Authority such annual administration,
supervision and monitoring fees as are fixed from time to time by the Consent Authority in
accordance with Section 36 of the Resource Management Act 1991.
TERM
The term of RC07176/8 is for 35 years from the date of issue. The term of RC07176/9-14 is for
1 year from the date of issue.
NOTES TO THE CONSENTS
The Consent Holder is advised that the consent does not confer a right of access and the
Consent Holder should be aware the permission of the legal owner or administering body of the
bed of the lagoon may also be required.
REASON FOR DECISION PURSUANT TO SECTION 113, RESOURCE MANAGEMENT
ACT 1991
In making this decision to grant the resource consents the purposes and principles of the
Resource Management Act 1991 as set out in Part II of the Act have been achieved along with
consideration of Section 104, which requires an assessment of the effects of the proposed
activity.
The nature of the works authorised under this decision are consistent with the Council’s
Regional Policy Statement. Specific objectives and policies in respect of Poutini Ngai Tahu, Soils
& Rivers, Water, Habitats & Landscapes, Coastal Environment and Network Utilities & are
contained within Chapter 7 of the Regional Policy Statement (see Table 1).
The occupation of the Coastal Marine Area by the replacement bridge is a discretionary
activity under Rule 7.5.1.5 of the Regional Coastal Plan.
The erection of the replacement bridge in the Coastal Marine Area is a discretionary
activity under Rule 8.5.1.8 of the Regional Coastal Plan.
The maintenance of the replacement bridge within the Coastal Marine Area is a
permitted activity under Rule 8.5.2.2 of the Regional Coastal Plan.
The removal of the existing bridge from the Coastal Marine Area is a discretionary
activity under Rule 8.5.3.2 of the Regional Coastal Plan.
The removal of soil and gravels from the lagoon bed is a discretionary activity under
Rule 9.5.2.4 (alteration) and Rule 9.5.3.7 (disturbance) of the Regional Coastal Plan.
The deposition of material in the bed of the Orowaiti Lagoon in the Coastal Marine Area is a
discretionary activity under Rule 9.5.4.2 of the Regional Coastal Plan.
The incidental discharge of sediments to the Orowaiti Lagoon (Coastal Marine Area) is a
discretionary activity under Rule 10.5.7.2 of the Regional Coastal Plan.
The use of coastal water is a permitted activity under Rule 11.5.2.1 of the Regional
Coastal Plan.
The abstraction of groundwater/surface water from the Orowaiti Lagoon in the Coastal
Marine Area is a discretionary activity under Rule 11.5.3.2 of the Regional Coastal Plan.
The earthworks within riparian margins of Orowaiti Lagoon is a discretionary activity
under Rule 6.1.6.1 of the Proposed Regional Land and Riverbed Management Plan.
The vegetation disturbance within riparian margins of Orowaiti Lagoon is a
discretionary activity under Rule 6.1.6.1 of the Proposed Regional Land and Riverbed
Management Plan.
The discharge of dewatering liquid to land (outside riparian margins) is a discretionary
activity under Rule 28 of the Regional Plan for Discharges to Land.
