2. Mangatawa catchment consents for earthworks, storm water ...
2. Mangatawa catchment consents for earthworks, storm water ...
2. Mangatawa catchment consents for earthworks, storm water ...
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NZ Transport Agency and Tauranga City Council<br />
<strong>Mangatawa</strong> Drain Flood Bypass and TEM Storm<strong>water</strong> AEE<br />
the project area and the nearby Marae of Nga Potiki. NZTA has undertaken a lengthy and thorough<br />
consultation process during the project history. The stewardship ethic and an understanding of Kaitiakitanga<br />
are present in the project through NZTA’s own organisational values and in its consultation with hapu affected<br />
by the proposal. This is seen in restriction of works in the Lower <strong>Mangatawa</strong> Drain to help to protect the<br />
whitebait and eel fisheries identified by Nga Potiki and other users of the <strong>water</strong>way as important.<br />
In this area there is also opportunity <strong>for</strong> restoration of the lower <strong>Mangatawa</strong> Drain and the opportunity <strong>for</strong><br />
newly created recreational areas adjacent to the drain increase the potential amenity of the area.<br />
The <strong>storm</strong><strong>water</strong> treatment design and mitigation provisions reduce the contaminants entering the <strong>water</strong> way<br />
and highlight NZTA’s desire to maintain and enhance the quality of the environment.<br />
Furthermore, in providing <strong>for</strong> an easy free-flowing motorway access from Paengaroa to the Port of Tauranga<br />
and surrounding environs, there will be more efficient use of energy used in transportation and reduced<br />
greenhouse gas emissions in comparison to the current State highway.<br />
Section 8 Treaty of Waitangi<br />
Section 8 states that:<br />
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to<br />
managing the use, development, and protection of natural and physical resources, shall take into account the<br />
Principals of the Treaty of Waitangi (Te Tiriti o Waitangi).<br />
Comment<br />
The process of consultation undertaken by NZTA has been extensive and inclusive. Not only in the current<br />
resource consent processes but in the original Designation process the project has been discussed with<br />
representatives from Iwi and hapu from the area. The NZTA has attempted to undertake a partnership<br />
approach to the Project and has facilitated the creation of the TEM TWAG as a <strong>for</strong>um <strong>for</strong> the resolution of<br />
construction issues.<br />
District Council – Land Use Consent<br />
Section 104D Particular restrictions <strong>for</strong> non-complying activities<br />
This section quoted below relates to the consideration of the district land use consent <strong>for</strong> <strong>earthworks</strong> adjacent<br />
to the SES13.<br />
(1) Despite any decision made <strong>for</strong> the purpose of section 93 in relation to minor effects, a consent authority<br />
may grant a resource consent <strong>for</strong> a non-complying activity only if it is satisfied that either—<br />
(a) the adverse effects of the activity on the environment (other than any effect to which section<br />
104(3)(b) applies) will be minor; or<br />
(b) the application is <strong>for</strong> an activity that will not be contrary to the objectives and policies of—<br />
(i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or<br />
Status: Final Page 97 April 2009<br />
Project Number: 3932036<br />
NZ1-1552092-<strong>Mangatawa</strong> Drain Flood Bypass and TEM Storm<strong>water</strong> AEE