BEFORE THE ENVIRONMENT COURT Auckland …...Part One Purpose, content, planning framework Amend...

BEFORE THE ENVIRONMENT COURT Auckland Registry

ENV 2015 AKL 0000134

)

IN THE MATTER

AND

BETWEEN

AND

of the Resource Management Act 1991

of an appeal under Clause 14 of the First Schedule of the Act

TRUSTEES OF MOTITI ROHE MOANA TRUST

Appellant

BAY OF PLENTY REGIONAL COUNCIL

Respondent

STATEMENT OF SUPPLEMENTARY EVIDENCE OF GRAEME JAMES LAWRENCE ON BEHALF OF MOTITI ROHE MOANA TRUST

31 1h October 2017

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INTRODUCTION

1. My name is Graeme James Lawrence. I hold a Bachelor of Social Sciences and I am a

member of the New Zealand Planning Institute. I am a Director of Lawrence Cross

Chapman & Co Ltd now based in Devonport and specialize in providing environmental

planning and resource management services to public and private clients in the upper

North Island. My qualifications and experience are outlined in my evidence in chief.1

2. For completeness, I repeat the confirmation given in my evidence in chief, being that I

confirm that I have read the Code of Conduct for expert witnesses contained in the Court's

Practice Note 2014 and that I agree to comply with the Code. I also confirm that I have not

omitted to consider material facts known to me that might alter or detract from the opinions

expressed in my evidenc!;l.

3. I have prepared this supplementary statement evidence on behalf of Motiti Rohe Moana

Trust to provide a set of matters of control and criteria for exercise of discretion under the

rules I recommended in my evidence in chief (EiC) and to provide the Policies that were

omitted due to a formatting issue.

4. Attachment 6 of my EiC set out the new provisions I recommend for the spatial plan in the

form of Motiti Natural Environment Management Area. In attachment 6 on page 6 under

12:2 Rule at Rule MNEMA 2 Controlled and Rule NNEMA 3 Restricted Discretionary I

added drafting notes: for Controlled "Drafting note: matters of control to be added" and for

Discretionary "Discretion is restricted to the following matters: Drafting note: to be added

later".

5. I now provide a deletion from Rule MNEMA 2 and text to be added to Rules MN EMA 2 and

MNEMA 3: The deletion and additions are as-follows:

1. Delete the words "and subject to Rule AQ 2" from Rule MNEMA 2 and add the

following reference to and list of matters of control. The addition takes the relevant

matters of control from Rule AQ 2 and inserts them into Rule MN EMA 2 as follows:

The Regional Council has reserved its control over the following matters:

(a) Measures to avoid remedy or mitigate the adverse effects of the

aquaculture activities activity on:

(i) Ecology

1 Dated 25 October 2017

(ii) Natural character

(iii) Cultural values

(iv) Recreation

(v) Heritage values.

(b) Cumulative effects arising from other aquaculture activities within

MNEMA.

(c) Use of underwater lightjng.

(d) Antifoulant management on structures - for example the use of

antifoulants, cleaning methods and associated discharges.

(e) Navigation and safety requirements.

(f) Duration of the activity.

(g) Requirements to remove all structures, organisms and other items

from the area at the completion of the project.

{h) Use of feed or hormone additives in the coastal marine area.

(i) Monitoring and reporting requirements.

0) Management of biosecurity risks.

2. At Rule MNEMA 3 add a condition on the activity status as a restricted

discretionary activity. This is as follows:

d. The activity is not in an Indigenous Biodiversity Area A; Outstanding

Natural Character Overlay or Outstanding Natural Feature Landscape

Overlay.

3. At Rule MN EMA 3 add the matters over which discretion is restricted. These

are as follows:

The Regional Council restricts its discretion to the following matters:

(a) The matters listed in Policies MNEMA 1 to 4 inclusive.

(b) Duration of consent.

(c) The method, extent, frequency and t_iming of the proposed activities.

(d) Information and monitoring requirements (including mauri monitoring).

(e) The quality, nature and composition of material, indigenous flora or

fauna potentially disturbed.

(f) Measures to avoid, remedy, or mitigate adverse effects on substrate,

water column, indigenous flora, fauna, natural character or cultural

values.

(g) Cumulative effects arising from other activities.

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6. In the course of annotating Attachment 6 I found that the Policy section of the new

provisions was omitted from the Attachment 6 as circulated with my EiC. This came as a

result of a formatting issue which I now rectify.

7. The Policy section which dropped out as a result of reformatting was in a version of the

MNEMA Spatial Plan submitted to Council and the· parties on 14 August 2017, and is as

follows :

12. Motiti Natural Environment Management Area (MN EMA)

Add a new Policies & Rules Section 12 following the Harbour Development Zone and Port Zone provisions as follows:

12.1 .

12.1 .1

Policies

General Policies for the Motiti Natural Environment Management Area

1. Also refer to the following policies in other sections of this Plan where

relevant to a proposed activity.

(a) Policies in Part Three -Natural heritage (to be added)

(b) Policies in Part Three - lwi Resource management (to be added)

(c) Activity Based Policies in Part Four

Policy MNEMA 1 Incorporate matauranga Maori values and attributes to all overlays

within the Motiti Natural Environment Management Area.

Policy MNEMA 2 Natural and cultural heritage values are restored and protected by way

of the following:

(a) Avoid adverse effects on Te Tau o Taiti and associated waters

within the Waahi Tapu Area to enable natural rejuvenation of

natural and cultural heritage values, to restore indigenous

biodiversity, to protect mauri, tapu and mana and to safeguard

taonga species.

(b) Recognise and provide for exercise of kaitiakitanga by

preserving the cultural values associated with waahi tapu by

avoiding adverse effects on the foreshore, or seabed or

substrate and by preventing removal, damage or destruction of

indigenous flora or fauna including taonga species within the

Waahi Tapu Area.

(c) Prevent occupation of space within Waahi Tapu Areas.

Policy MNEMA 3

Policy MNEMA 4

(d) Provide for low impact activities consistent with the restoration,

rejuvenation and protection of natural and cultural heritage

values within the Waahi Tapu area, such as scientific or mauri

monitoring or Rena consent monitorin~.

(e) Maintain and enhance opportunities for public access for

education and enjoyment.

(f) Make provision for the sustainable harvest qf flora or fauna

within the Waahi Taonga Area when the biodiversity and

ecological health of the area has reached self-sustainable

state for the support of taonga species.

Monitor restoration and healthy functioning of ecological processes of

the Motiti Natural Environment Management Area through baseline

monitoring including state of the environment and mauri monitoring in

collaboration with tangata whenua.

The mauri of the MNEMA shall be restored and preserved by avoiding

the effects of activities that prevent or interfere with the natural

restoration of biodiversity and functioning of ecological processes that

support taonga species including koura , tamure (snapper) and

hapuku.

1.8 A copy of the full text of Attachment 6 to my EiC, updated to incorporate the above, is

attached.

Graeme Lawrence Planner

31 October 2017 Attachment 6 Update 31 October 2017

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1 ATTACHMENT 6:

MOTITI NATURAL ENVIRONMENT MANAGEMENT AREA

Background & Explanat ion:

Appeal by Motit i Rohemoana Trust Seeking Spatial Planning

Marine spatial planning applies traditional terrestrial planning techniques to the ocean.

A key component of terrestria l pla nning involves mapping to identify areas that contain attributes and values along with priorities fo r action and methods fo r management.

Mapping identifies characteristics, elements and resources and thei r values and attributes and delineat ion of areas to prioritise actions and provide management methods to achieve improved stewardship of t hose characteristics, elements and resources.

The type or fo rm of a spatial plan will vary according to aspiration, need, location and space.

A marine spatial plan may apply to Coasts and Oceans at an Internat ional or Nat ional level; to an interregional and interagency area such as the Hauraki Gulf; to a region; or pa rt of a region.

A "Marine Spatial Plan" (MSP) in the context of the Bay of Plenty Region may be prepared in accordance with protocols developed between agencies or parties to provide a means fo r achieving agreement between agencies or parties on how conflicts would be resolved, efficiencies improved, costs reduced and quali ty environmental outcomes achieved, across various legislative and regulatory regimes, at a regional level.

In the context of a Coastal Plan a "marine spatial plan" (lower case) may be prepared in accordance with the provisions of the RMA.

It may apply to the entire 'coastal environment'; to coastal marine area components of the coastal environment out to the 12 nautical mile area (ie the CMA); or to a discrete part within the CMA of a region.

In t his case the Motiti Rohe Moana Trust is seeking a "marine spat ia l plan" to apply to a specific area within t he Coasta l Marine Area, identified in the Bay of Plenty Regional Policy Statement (BOPRPS) as the "Motiti Natura l Environment Area", to apply specific objectives, policies and rules to give effect to the RMA Part 2, NZCPS and BOPRPS to ensure natural character and natural landscapes and feat ures (including biodiversity and ecological health) are restored so that the cultural values and the relationship of Maori with their ancestral lands, waters and taonga are recognised, provided for and actively protected.

The fo rms of the spatial plan currently applied in the BOP RCEP are:

• "zoning to recognise those areas where there is a high level of modification and where new uses and development may have relatively low impact"

• "Overlays are used to identify different values of the coastal marine area and trigger the application of specific policies and rules designed to manage the potential adverse effects of activities ... " (see Proposed BOP RCEP Section 5 Plan Mecha nisms - underlining mine).

Graeme Lawrence Statement of Evidence on Spatial Plans For Motili Rohe Moana Trust Updated for Supplementary Statement 31 October 2017

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ATTACHMENT 6:


MRMT seeks t o create the planning architecture and (within that architecture) apply a spatial plan t o

rest ore natural heritage values and protect areas of significant cultural va lue within the Motit i Rohe

Moana in an area identified as the Motiti Natural Environment Area in t he BOP RPS.

The form of spat ial plan proposed is a Management Area.

Management Areas are proposed as an appropriate met hod t o achieve cult ural, intrinsic or

biodiversit y va lues recognising and providing for multi-l~yered values and the va lues and aspirat ions

of t angata whenua within an area identified for manage'n,ent.

The Motiti Natural Environment Management Area (MNEMA) is to be shown on t he planning maps

of the proposed Coastal Plan.

With in MN EMA specific policies and ru les, including sub management areas, are designed to

achieve restoration of natural heritage; protection of natural processes of restoration; and manage

effects of activit ies, particularly t he taking, destruction or damage to natural values; t o provide for

protection of natural heritage resources and t heir associated cultural values; and to provide for

public access, education and enjoyment of a self-sustaining natural environment, providing for and

preserving the mauri, tapu, mana and taonga of those having mana moana over the rohe containing t he Management Area.

Graeme Lawrence Statement of Evidence on Spatial Plans For Motiti Rohe Moana Trust Updated for Supplementary Statement 31 October 2017

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ATTACHMENT 6:


AMENDMENTS SOUGHT

Part One Purpose, content, planning framework

Amend 5.Plan Mechanisms at 5.2 to provide for "Management Areas" as a plan mechanism by amending the heading and adding a new paragraph as follows:

"5.2 Zoning, a-R€I- Overlays and Management Areas

The plan utilises Management Areas to provide for restoration, protection, maintenance or enhancement where there are resources with a high level of significance as evidenced by multiple_ overlays within an identified area valued by tangata whenua.

Management areas identify how adverse effects within areas containing two or more overlays are to be managed in an integrated manner. One of the overlays will be an Area of Significant Cultural Value.

The Management Area will trigger specific policies and methods to:

(a) Achieve restoration of natural and cultural heritage; (b) Avoid adverse effects on natural and cultural heritage values of identified significance to

tangata whenua; (c) Protect, preserve or enhance the multlplf! overlay values; and (d) Provide for activities that will avoid, remedy or mitigate adverse effects on natural and

cultural heritage values once natural and cultural heritage values have been restored.

******** Part Two Issues and Objectives for the Coastal Environment

Add a new item 12 to the list of topic headings to provide for the Motiti Natural Environment Management Area as follows:


Under 1. Issues

At ·1.1 Integrated Management

Add a new Issue 1B following Issue 1 identifying a lack of integrated management may increase adverse effects and limit the ability to restore degraded sites or coastal waters.

Issue 18 There is a need to identify areas where restoration of natural and cultural heritage is necessary in order to provide for the relationship of Maori with their ancestral lands, waters and taonga; and

to integrate the measures for restoration and protection of natural and cultural heritage in order to restore relationships of Maori with their ancestral land waters and taonga, actively protect taonga (biotic a biotic and perceptual), and to provide public access, education and enjoyment.


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ATTACHMENT 6:


At 1.2 Natural Heritage

Add a new Issue 4A following Issue 4 identifying unsustainable fishing activity as one of the reasons for loss of biodiversity values within the coastal environment as follows:

Issue 4A

At 1.12

A key contributor to degradation of indigenous marine biodiversity and habitat, and the relationship of tangata whenua have with natural and cultural heritage, is inadequate management of fishing techniques and methods. Management Areas have been introduced to manage activities to enable the mauri of indigenous biological biodiversity and marine ecosystems to be restored. Invasive activities including dredging and fishing techniques or methods need to be managed in specific areas to enable indigenous vegetation and habitats of indigenous fauna to restore naturally, to recognise, provide for and actively protect the relationship Maori have with their ancestral land, waters and taonga. The management regime wil l be specific to a Management Area. Additional management areas may be introduced in a Plan Change or Variation by way of 1st Schedule RMA process.

Add three new issues following 1.19 & 1.11 setting out the issues relating to the marine spatial areas identified as "Harbour Development Zone" and "Port Zone" as follows:

1.12 Motiti Natural Environment Management Area

lssue.53 Mot iti Island is the only continuously occupied offshore island in the region. It is t he most developed of all offshore islands. Tangata whenua have a lengthy history of traditional and continuing cultural relationships with the coastal environment of the Motiti Natural Environment Management Area where tangata whenua have lived and fished for generations. Motiti is physically and spiritually linked to Te Tau O Taitl (Otaiti) as well as toka, reefs and ot~er features identified in the Motiti Natural Environment Management Area. Ota iti is both anchor (haika) and umbilical cord (pita) for Motiti Island (Topito o te Ao).

Waahi Tapu

The Motiti Hapu Management Plan identified waahi tapu within Motiti Rohe Moana. Several but not all of these have been listed in the schedule for ASCV -25. The waahi tapu areas and buffers required to protect their intrinsic and cultural va lues and attributes are now mapped.

Management of the waah i tapu area is required to restore and protect natural and cultural heritage values, the relationship of Maori with their land waters and taonga, active protection of taonga, and to provide for public access for education and enjoyment of natura l and cultural heritage

The restoration , protection and enhancement of natural and cultural heritage, through management of any activities, that would damage destroy or remove indigenous flora or fauna, or harm the mauri, tapu or mana of the area, has the


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ATTACHMENT 6:


potential to not only sustain natural and cultural heritage values, but to also generate signiflcant social, cultural and economic benefits for the wider region .

Waahi Taonga

Waahl taonga areas are identified and described in the Motiti Hapu Management Plan and several but not all the sites values and attributes are referred to in the schedule for ASCV 25. The waahi taonga areas are outside those aareas mapped as waahi tapu and their spatial extent covers the entire Motiti Natural Environment Area identified as having High or Outstanding Natural Character in the RPS.

Restoration of natural heritage is required to reinstate the natural and cultural values and attributes of the area. Activities that enable the restored natural and cultural heritage state to remain self-sustaining are provided for.

*************"

Under 2 Objectives

Add new objectives for the Motiti Natural Environment Management Area under a new Section 2.ii as follows:

2.ii Motiti Natural Environment Area (see Part Seven Map Series 43 and 44 and new Map attached)

Objective 50 Natural and cultural heritage values fully restored and characteristics that are of special value to the tangata whenua of Motiti protected including:

(a) Mauri o te wai; and

(b) Biological biodiversity and ecological health;

(c) Kaimoana resources; and

(d) Landforms and features;

(e) Waahi Tapu and Waahi Taonga;

(f) Taonga including Te Tau o Taiti;

(g) Intrinsic and spiritual values associated with (a)-(f).

Objective 51 Ongoing and enduring relationship of the tangata whenua of Motiti with the coastal environment of MN EMA recognis(!!d and provided for through restoration and protection of Waahi Tapu and Waahi Taonga in order to sustainably manage the multiple values that exist within the Motlti Natural Environment Management Area (MNEMA).


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ATTACHMENT 6:


Objective 52 The principles of the Treaty of Waitangi and kaitiakitanga, tal<en into account by avoiding adverse effects of activities on natural and cultural heritage values of t he Motiti Natural Environment Management Area and actively protecting the taonga of Motiti.

Part Four Activity Based policies and rules

Add a new item 12 to the list of topic headings to provide for the Motiti Natural Environment Management Area activities as follows:


Add a new Policies & Rules Section 12 following th Harbour Development Zone and Port Zone provisions as follows: ·

12.1.

12.1.1

Policies

General Po licies for the Motiti Natural Environment Management Area 1. Also refer to the following policies in other sections of this Plan where

relevant to a proposed activity. (a) Policies in Part Three - Natural heritage (to be added) (b) Policies In Part Three - lwi Resource management (to be added) (c) Activity Based Policies in Part Four

Policy MNEMA 1 Incorporate matauranga Maori values and attributes to all overlays within the Motiti Natural Environment Management Area.

Policy MN EMA 2 Natural and cultural heritage values are restored and protected by way of the following: (a) Avoid adverse effects on Te Tau o Taiti and associated waters

within the Waahi Tapu Area to enable natural rejuvenation of natural and cultural heritage values, to restore indigenous biodiversity, to protect mauri, tapu and mana and to safeguard taonga species.

(b) Recognise and provide for exercise of kait iakitanga by preserving the cultural values associated with waahi tapu by avoiding adverse effects on the foreshore, or seabed or substrate and by preventing removal, damage or destruction of indigenous flora or fauna including taonga species within the Waahi Tapu Area .

(c) Prevent occupation of space within Waahi Tapu Areas. (d) Provide for low impact activities consistent with the restoration,.

rejuvenation and protection qf natural and cultural heritage va lues within the Waahi Tapu area, such as scientific or mauri

. monitoring or Rena consent monitoring. (e) Maintain and enhance opportunities for public access for

education and enjoyment.

Graeme Lawrence Statement of Evidence on Spatial Plans For Motili Rohe Moana Trust Updated for Supplementary Statement 31 October 2017

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Policy MN EMA 3

Policy MN EMA 4

12.2 Rules

ATTACHMENT 6:


(f) Make provision for the sustainable harvest of flora or fauna within the Waahi Taonga Area when the biodiversity and ecological health of the area has reached self-sustainable state for the support of taonga species.

Monitor restoration and healthy functioning of ecological processes of the Motiti Natural Environment Management Area through baseline monitoring including state of the environment and mauri monitoring in collaboration with tangata whenua.

The ma~ri of the MN EMA shall be restored and preserved by avoiding the effects of activities that prevent or interfere with the natural restoration of biodiversity and functioning of ecological processes that support taonga species including koura, tamure (snapper) and hapuku.

1. The Rules in the other sections shall apply to MN EMA except where inconsistent with the following rules. Where there is doubt the following shall prevail.

Rule MN EMA 1

Rule MNEMA2

Permitted

Monitoring equipment or taking samples for the purpose of monitoring (including compliance monitoring or mauri monitoring).

Controlled

Motiti Marae-based aquaculture located within the Waahi Taonga Area.

The Regional Council has reserved its control over the following matters:

(a) Measures to avoid, remedy or mitigate the adverse effects of the

aquaculture activities activity on:

(i) Ecology

(ii) · Natural character

(iii) Cultural values

(iv) Recreation

(v) Heritage values.

(b) Cumulative effects arising from other aquaculture activities .

(c) Use of underwater lighting

Graeme Lawrence Statement of Evidence on Spatial Plans For Motiti Rohe Moana Trust · Updated for Supplementary Statement 31 October 2017

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Rule MNEMA3

ATTACHMENT 6:


{d) Antifoulant management on structures - for example the use of antifoulants, cleaning methods and associated discharges.

{e) Navigation and safety requirements.

{f) Duration of the activity.

(g) Requirements to remove all structures, organisms and other items from the area at the completion of the project.

{h) Use offeed or hormone additives in the coastal marine area.

{i) Monitoring and reporting requirements.

{j) Management of biosecurity risks.

Restricted Discretionary

Within the-Waahi Taonga Area, the taking or removal of indigenous flora or fauna provided that:

a. The removal or take does not involve dredging or seabed trawling; and

b. The methods used do not disturb foreshore or seabed; and

c. A spatial survey is provided by a suitably qualified person that the waahi taonga area contains less than 10% of shallow reef, classified as sea urchin preferred habitat area, occupied by sea urchin (known as a kina barren count).

The kina barren level must be confirmed by at least two surveys undertaken sequentially with a 3-month gap.

d. The activity is not in an Indigenous Biodiversity Area A; Outstanding Natural Character Overlay or Outstanding Nattiral Feature Landscape Overlay.

The Regional Council restricts Its discretion to the following matters:

(a) The matters listed in Policies MNEMA 1 to 4 inclusive

{b) Duration of consent

(c) The method, extent , frequency nd timi~ of the proposed activities

(d) Informat ion and monitoring requirements (including mauri monitoring).


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Rule MNEMA4

Rule MNEMA5

Part Five

ATTACHMENT 6:


(e} The quality, nature and composition of material, indigenous flo ra or fauna potentially disturbed.

(f) Measures to avoid, remedy, mitigate adverse effects on substrate, water column, indigenous flora, fauna , natural character or cultural values.

(g} Cumulative effects arising from other activities.

Discretionary Activity

Within the Waahl Taonga Area, the taking or removal of indigenous flora or fauna that does not meet MNEMA Rule 3 above is a discretionary activity.

Prohibited Activity

Within the Waahl Tapu Area the following activities within the Waahi Tapu Area:

a. Taking, removal, damage or destruction of indigenous flora or fauna.

b. Structures, Occupation (whether temporary or permanent};

c. Discharge or dumping of any waste, material (organic or inorganic}, rubbish or garbage.

are a prohibited activity.

Methods

_Add Consequential Amendments

Part Six

Update Schedule 6 ASCV.

Add a new Schedule 6A to identify the attributes values and tangata whenua aspirations to include the following:

A. The cultural landscape extends from the sea floor to the ocean surface and is integrated with land within the Motiti Natural Environment Area.

B. Taonga species include [taken from the RPS Appendix J] : • Hapuku; • Kahawai; • Tamure (snapper}; • Maomao;


7 51

10 ATTACHMENT 6:

MOTITI NATURAL ENVIRONMENT MANAGEMENT AREA • Tarakihi; • Moki • Araara (trevally) • Parore

• Haku (yellow-tail Kingfish) • Aturere (tuna) • Kuparu (John Dory) ' • Kumukumu (gurnard) • Patikirori (sole) • Mango (sharks) • Wheke (octopus) • Koura (crayfish)

C. Schedule 2 - Indigenous Biological Diversity Area:

• IBDA A75 Motiti Island • IBDA A76 Astrolabe Reef • IBDA A77 Motunau (land) • IBDA A78 Motunau (marine area) • IBDA A79 Motuputa Island • IBDA B132 Motiti Islets

• Paua (abalone)

• Kuku (mussels) • Tipa (scallops) • Tio (oysters) • Kina (urchins) • Rori (sea cucumbers) • Karengo (seaweeds) • Rimurimu (eklonia or brown

kelp)

D. Schedule 3 - Outstanding Natural Features and Landscapes .

• ONFL 44 Motiti Island margin and associated islands, reefs and shoals

E. Schedule 5 - Regionally Significant Surf Breaks

• 12 Motiti Island (east side)

F Schedule 6 - Areas of Significant Cultural Value

• ASCV 25 Motiti Island and associated islands, reefs and shoals

The Natural Heritage (NH), lwi Resource Management (IW) and Recreation, public access and open space (RA) polices contained in Part 3 contain additional policy direction on managing effects on A- E above

Part Seven

Provide additional maps and amendments to the existing suite of maps 43 and 44:

• to identify and provide for the Motiti Natural Environment Management Area based on the RPS Appendix I Map 21a and

• to show Waahi Tapu Area within MN EMA

• to show Waahi Toanga Area within MN EMA


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