Emergency Works Wainui Beach Rock Revetment · 2019-11-13 · AA6129 – Planning Assessment For...

Emergency Works – Wainui Beach Rock Revetment

For Gisborne District Council

Resource Consent Application and Assessment of Environmental Effects

October 2019

REPORT INFORMATION AND QUALITY CONTROL

Prepared for: Gisborne District Council

Author: Joy Morse

Planning and Policy Consultant

Reviewer: Katherine Davies

Principal Planning and Policy Consultant

Approved for

Release:

Karl Baldwin

Principal Planning and Policy Consultant

Document Name AA6129 – Planning Assessment for Wainui Emergency Works_v2.0 &

Appendices_v2.0

Version History: 2.0 10 October 2019

AA6129 – Planning Assessment For Wainui Emergency Works_V2.0 & Appendices_V2.0.Docx i

CONTENTS Page

1 INFORMATION REQUIREMENTS ................................................................................................ 1

1.1 General ........................................................................................................................................1

2 BACKGROUND .......................................................................................................................... 1

2.1 Reason for Consent .....................................................................................................................1

2.2 Coastal Marine Area ....................................................................................................................1

3 THE PROPOSAL ......................................................................................................................... 2

4 THE SITE & SURROUNDING ENVIRONMENT ............................................................................... 7

4.1 The Subject Site ...........................................................................................................................7

4.2 The Surrounds .......................................................................................................................... 10

4.3 Coastal Environment ................................................................................................................ 11

4.4 Subject Site History ................................................................................................................... 12

5 CONSULTATION ...................................................................................................................... 12

5.1 Consultation with Mana Whenua ............................................................................................ 12

5.2 Written Approvals .................................................................................................................... 12

6 REASONS FOR THE APPLICATION ............................................................................................. 13

6.1 Tairāwhiti Resource Management Plan ................................................................................... 13

6.2 Overall Status of the Application .............................................................................................. 13

7 SCHEDULE 4 RMA – ASSESSMENT OF ENVIRONMENTAL EFFECTS .............................................. 14

7.1 Introduction .............................................................................................................................. 14

7.2 Effects on character and amenity values ................................................................................. 16

7.3 Construction effects ................................................................................................................. 18

7.4 Coastal process effects ............................................................................................................. 19

7.5 Coastal hazard effects .............................................................................................................. 19

7.6 Effects on public access ............................................................................................................ 20

7.7 Effects on biodiversity and ecological values ........................................................................... 20

7.8 Cultural and archaeological effects .......................................................................................... 20

7.9 Positive Effects ......................................................................................................................... 21

7.10 Environmental Effects Assessment Summary .......................................................................... 21

8 STATUTORY ASSESSMENT ....................................................................................................... 21

8.1 Section 104(1)(a) ...................................................................................................................... 21

8.2 Section 104(1)(ab) .................................................................................................................... 22

8.3 Section 104(1)(b) ...................................................................................................................... 23

8.4 Section 104 (1)(c) ...................................................................................................................... 27

9 OTHER RELEVANT SECTIONS OF THE ACT ................................................................................. 28

9.1 Section 104D Test for Non-Complying Activities ...................................................................... 28

9.2 Section 108 – Recommended conditions of consent ............................................................... 28

10 NOTIFICATION ASSESSMENT – SECTIONS 95A TO 95G OF THE ACT ............................................ 29

10.1 Public Notification Assessment ................................................................................................ 29

11 PART 2 ASSESSMENT ............................................................................................................... 29

11.1 Section 5 - Purpose of the Act .................................................................................................. 29

11.2 Section 6 - Matters of National Importance ............................................................................. 30

11.3 Section 7 - Other Matters ......................................................................................................... 31

AA6129 – Planning Assessment For Wainui Emergency Works_V2.0 & Appendices_V2.0.Docx ii

11.4 Section 8 - Treaty of Waitangi .................................................................................................. 31

12 CONCLUSION .......................................................................................................................... 31

List of Appendices

Gisborne District Council Application Form

Records Of Title

Rock Revetment As Built Plans

Coastal Processes And Impact Assessment

Construction Environmental Management Plan

Rules Analysis

AA6129 – Planning Assessment For Wainui Emergency Works_V2.0 & Appendices_V2.0.Docx iii

APPLICANT AND PROPERTY DETAILS

Site Address: 22,24,26 Pare Street, Wainui Beach

Applicant’s Name: Gisborne District Council

Address for Service: 4Sight Consulting Ltd PO Box 641, Cambridge Attention: Joy Morse

Address for Fees: Gisborne District Council PO Box 747, Gisborne 4040 Attention: Chris Hopman

Owner: 26 Pare Street, Wainui Beach - Wainui Beach Limited 24 Pare Street, Wainui Beach - CM & JW Nelson 22 Pare Street, Wainui Beach - NB McCartney & RW Stannard

Legal Description: 26 Pare Street, Wainui Beach - Lot 2 DP 3224 and Lot 9 DP 3028 (RT GS6A/709) 24 Pare Street, Wainui Beach - Lot 1 DP 8845 (RT GS6A/708) 22 Pare Street, Wainui Beach - Lot 7 DP 3028 (RT GS2C/1085)

Site Area: 26 Pare Street, Wainui Beach - 800m² 24 Pare Street, Wainui Beach - 700m² 22 Pare Street, Wainui Beach - 800m²

Plan Name: Tairāwhiti Resource Management Plan

Plan Zone: General Residential Zone / Amenity Reserve Zone / Coastal Marine Area

Plan, Limitations, or Overlays:

Coastal Environment Management Area Coastal Environment Overlay (Land) Coastal Hazard – Extreme Risk Heritage Alert Overlay Land Overlay 3

Brief Description of Proposal: Following the construction of a rock revetment under Section 330 of the Resource Management Act 1991 for Emergency Works, land use consent and a coastal permit is required for the following activities:

1) Temporary retention of a recently constructed rock revetment; 2) Rock revetment remedial works; and 3) Sand excavation and relocation.

Consent Duration: Three Years

Overall activity status of resource consent:

Non-Complying Activity

AA6129 – Planning Assessment For Wainui Emergency Works_V2.0 & Appendices_V2.0.Docx iv

Locality Plan:

AA6129 – Planning Assessment For Wainui Emergency Works_V2.0 & Appendices_V2.0.Docx 1

1 INFORMATION REQUIREMENTS

1.1 General

This application has been prepared in accordance with the requirements of Schedule 4 of the Resource

Management Act 1991 (“the Act”).

The completed Gisborne District Council (GDC) application form is attached at Appendix A.

2 BACKGROUND

2.1 Reason for Consent

This resource consent application is being applied for as a result of emergency works carried out by GDC on

7th to the 8th of September 2019. The works themselves and the emergency works process matters are

explained in further detail later in this report. 4Sight Consulting Limited have subsequently been engaged

by GDC to prepare this resource consent application and associated Coastal Processes and Impact

Assessment.

2.2 Coastal Marine Area

The Coastal Marine Area (CMA) is defined in the Act as:

“the foreshore, seabed, and coastal water, and the air space above the water‐

(a) of which the seaward boundary is the outer limits of the territorial sea:

(b) of which the landward boundary is the line of mean high water springs, except that where that line cr

osses a river, the landward boundary shall be whichever is the lesser of‐

i. 1 kilometre upstream from the mouth of the river; or

ii. the point upstream that is calculated by multiplying the width of the river mouth by 5”

Case law1 indicates that, due to the fluctuating nature and eroding coastline of Wainui Beach, a pragmatic

approach for identifying mean highwater springs (MHWS) at this part of the beach is to use the existing line

of the foredune protective structures. In this case this is the timber retaining wall located westward of the

rock revetment. As such, for the purposes of this application, only works which are seaward of the existing

timber retaining wall (and therefore MHWS) are deemed to be within the CMA.

1 Gisborne District Council v Falkner A082/94


3 THE PROPOSAL

On the 6th of September 2019 significant erosion of an existing timber retaining wall and sand dune occurred

at the eastern extent of 22, 24 and 26 Pare Street, Wainui Beach, as a result of a large sea swell event. With

the timber retaining wall damaged, the toe of the sand dune was eroded and a head scarp formed 6m

landward of the retaining wall within 24 Pare Street and extending laterally into 22 and 26 Pare Street.

On the 7th of September, Gisborne District Council determined that the construction of a rock revetment

was required to stabilise the toe of the sand dune. This work was considered necessary to avoid further

erosion of private property, including a wastewater system located on 22 Pare Street which was susceptible

to damage, and potential uncontrolled wastewater discharge.

Photographs illustrating the existing timber retaining wall prior to the erosion event and the extent of

erosion along 22, 24 and 26 Pare Street, Wainui, during the event are included in Figures 1 and 2 below.

Figure 1: Photo of the retaining wall in front of 26 Pare Street, taken 30th August 2019 prior to the erosion event.

Source: CEMP.


Figure 2: Photo of the retaining wall in front of 26 and 24 Pare Street, taken during the erosion event (note the

concrete stairs shown at the top of the image and within Figure 1 above). Source: 4Sight Consulting.

3.1 Process Matters

The rock revetment was constructed under emergency works pursuant to Section 330 of the Resource

Management Act 1991 (RMA). Construction began on the 7th of September 2019 and the rock revetment

was completed on the 8th of September 2019. Pursuant to Section 330A(1) RMA, Gisborne District Council

were notified of these emergency works on 13th September 2019. Pursuant to Section 330A(2) RMA, a

resource consent application is required to be submitted to Council within twenty working days of the day

of notification, being the 10th of October 2019.

3.2 Emergency Works

The emergency works involved multiple activities, namely the excavation of sand from near the Wainui

Stream mouth, the delivery and stock piling of limestone rock and the construction of the rock revetment.

These activities are described below and are further detailed in the Construction Environmental

Management Plan (CEMP), reference A1601201, included in Appendix E.

Approximately 250m³ of limestone rock was delivered to the southern end of Pare Street via heavy vehicles.

This rock was transferred and stockpiled just north of Wainui Stream within the Coastal Marine Area (CMA).

The rock revetment of 39m in length and 1.7m in height has been constructed generally within the footprint

of a pre-existing coastal protection structure, between the landward bank and vertical existing railway

irons, along the eastern bank of the properties located at 22, 24 and 26 Pare Street, Wainui. The remnants

of the gabion baskets from the pre-existing coastal protection structure were retained and largely covered

with a layer of geotextile cloth (A29 Bidim). 150m³ of the stockpiled limestone rock was used to form the

armour outer layer comprising rock between 0.5 – 1.0m in diameter.

Stairs


It is understood that some minor sand excavation near the Wainui Stream mouth was also undertaken to

improve the access ramp off Pare Street and the eroded dune area.

Construction works associated with the rock revetment commenced on the 7th of September 2019 and were

completed on the 8th of September 2019.

The remaining 100m³ of limestone rock located within the CMA following the completion of the rock

revetment was relocated to a roading stockpile on Tatapouri Hill, State Highway 35, on the 17th and 18th of

September 2019.

The following vehicles were used during construction works:

Two excavators for the stockpiling of limestone rock, the excavation of sand and the construction of

the rock revetment;

Heavy vehicles to transport the limestone rock and machinery to and from the site; and

Trade vehicles used for the transportation of equipment and staff.

The as-built plan detailing the structural design of the rock revetment, prepared by Ian Hughes of GDC

surveys, dated 11 September 2019, is included Figure 3, below and in Appendix C of the report. A Site Plan

showing the general location of temporary rock stockpiling and the sand extraction area is included in Figure

4, below and in the CEMP in Appendix E of this report.

Figure 3: Site 1 Wainui Rock Revetment As-Built Plan. Source: GDC.


Figure 4: Sit 2 Site Plan. Source: CEMP.

Photographs illustrating the rock revetment during construction are included in Figures 5 and 6, below.

Figure 5: Drone image showing the access off Pare Street and temporary rock storage during construction. Source:

CEMP.


Figure 6: Emergency Works Site. Source: GDC

3.3 Further Remediation Works

Due to the urgency of the emergency works, detailed engineering design was unavailable and the rock

revetment was constructed based on the experience of the contractor engaged to complete the works. A

Coastal Processes and Impact Assessment prepared by Sam Morgan of 4Sight Consulting, dated 8 October

2019, is included in Appendix D of this report. This assessment considers the design suitability of the

existing rock revetment and raises concerns regarding the overall stability of the structure. In particular, Mr

Morgan notes:

‘An inspection of the structure indicates that rock between Ø400-1200mm have been used. This rock is

considered to be mostly undersized relative to the wave environment;

It is also noted that in places the structure is near vertical. Typically wall slopes should at their steepest

be at a slope of 1.5/1 in order to maintain stability.

The southern tie in point is close to the one of the timber retaining wall failure points, possible making

the structure more vulnerable to failure.’

To improve the stability of the rock revetment, Mr Morgan has recommended that further remedial works

be undertaken as soon as practical. This work involves the restacking of rock to a lesser gradient, the tying

of the structure and its extension 4m to 5m south of the existing wall footprint. The exact nature of this will

need to be confirmed through onsite investigation and engineer design.

It is proposed that the final detailed engineering design and a CEMP be submitted to Council for certification

prior to this additional work being undertaken.


3.4 Consent Duration

The applicant seeks a three year consent term for the occupation of the CMA and use of the rock

revetment. This period is considered appropriate to provide reasonable time for investigations to be

undertaken and the subsequent selection and implementation of a long-term solution for coastal erosion

in this locality.

4 THE SITE & SURROUNDING ENVIRONMENT

4.1 The Subject Site

4.1.1 Description

The subject site comprises two key areas:

▪ Site 1: 22, 24 and 26 Pare Street, Wainui Beach (private property); and

▪ Site 2: Wainui Stream Mouth (CMA).

Site 1

Residential properties 22, 24 and 26 Pare Street, Wainui Beach, are located at the southern end of Wainui

Beach, approximately 4.7km east of the Gisborne CBD. These properties are bound by Pare Street to the

and Wainui Beach to the east. The residential sites are established on a modified sand dune and each

contain an existing dwelling. Individual access to each site is obtained from Pare Street.

For many years the toe of the sand dune has been stabilised by a timber retaining wall and a gabion basket

coastal protection structure which traversed the eastern boundary of 22, 24 and 26 Pare Street in a north‐

south direction. This coastal protection structure was typically buried by sand and was only exposed during

low sand level events. The structure was approximately 40 - 50 years old and is understood to have been

subject to a number of repairs when the structure was exposed during periods of low sand volume. This

structure is believed to be located entirely within private property.

Site 2

Wainui Stream is located approximately 70m south of the abovementioned residential properties. Vehicle

access to Wainui Beach in this location is obtained from a ramp located at the southern end of Pare Street.

4.1.2 Zoning

The subject site is subject to the following zoning and policy overlays of the Tairāwhiti Resource

Management Plan:


District (landward of CMA) Regional (seaward of CMA)

Zone General Residential Coastal Environment General Management Area

Amenity Reserve

Overlays Coastal Environment Overlay (Land) Coastal Marine Area Boundary

Coastal Hazard – Extreme Risk Water Classification Zone - SA

Heritage Alert Overlay

Land Overlay 3

Table 1: Tairāwhiti Resource Management Plan Zoning and Overlays.

Maps indicating the zoning and overlays relevant to the site are included in Figures 7 to 11 below and on

the following pages.

Figure 7: District Zone and Coastal Environment Overlay Map (Source: TRMP)


Figure 8: Coastal Environment Management Areas (Source: TRMP).

Figure 9: Land Overlay Map (Source: TRMP).

Figure 10: Coastal Hazards Overlay Map (Source: TRMP).


Figure 11: Heritage Alert Overlay Map (Source TRMP).

4.1.3 Records of Title and Legal Interests

The records of title for the sites are attached at Appendix B and are summarised below.

Record of Title Legal Description Area Interests

GS2C/1085 Lot 7 DP 3028 809m² Nothing of interest

GS6A/708 Lot 1 DP 8845 682m² 209064.2 Consent Notice pursuant to Section 221

Resource Management Act 1991

GS6A/709 Lot 2 DP 3224 and Lot 9

DP 3028

935m² 209064.2 Consent Notice pursuant to Section 221

Resource Management Act 1991

Table 2: Records of Title and Registered Interests.

Consent Notice 209064.2 registered on GS6A/708 and GS6A/709 advises that:

Any future buildings on Lot 1 DP 8845 shall be located to minimise building activity within the Wainui

Erosion Hazard Area;

Any future building on Lot 1 DP 8845 shall be constructed to be readily locatable;

Any building on Lot 1 DP 8845 is subject to Section 36 of the building Act;

That approval for the construction and repair of sea walls may not be given approval by Council; and

Requirements relating to design and location of wastewater systems on Lot 2 DP 3224, Lot 9 DP 3028

and Lot 1 DP 8845.

The above interests do not restrict the granting of this temporary consent and remedial works but are likely

to be considered as part of wider discussions relating to the future coastal protection of these residential

properties and existing infrastructure.

4.2 The Surrounds


The surrounding environment is best described as a coastal-residential environment, with existing

residential properties and development to the north, south and west of the subject site, and Wainui Beach

to the east. As previously detailed, Wainui Stream is also located approximately 70m south of the rock

revetment.

4.3 Coastal Environment

4.3.1 Geology

Wainui Beach sits within the Hikurangi Deformation Front and the associated rock is siltstone and

mudstones which have been uplifted and deformed to their present-day position.

4.3.2 Ecology

Due to the residential and modified nature of the subject area, no significant marine or coastal habitats

are/were known to be present within or in proximity to Site 1. Likewise, the stockpiling of rock and the

minor extraction of sand at Site 2 was undertaken in locations understood to be absent of significant marine

or coastal habitat. A series of reef structures are located offshore which are likely to contain a range of reef

species common to the area.

4.3.3 Coastal Processes

A detailed description of the coastal processes in the locality of the subject site is included in the Coastal

Processes and Impact Assessment prepared by Mr Morgan (see Appendix D). By way of summary, Wainui

Beach is considered to be a high energy beach receiving wave energy from the north-east through to the

south. Beach volumes are understood to fluctuate frequently and no clear trend toward erosion or

accretion is apparent. Current beach volumes are believed to be toward their lowest point as was indicated

by the exposure of the pre-existing sea wall.

The subject site is located within Area 3 of the Wainui Beach Erosion Management Strategy 2014. This area

is described as follows:

‘The shoreline in this area consists of a sandy beach backed by a high dune. In some areas the high dune is

also fronted by a lower incipient foredune, particularly at the northern end where a wide band of foredunes

has developed following construction of a training wall on the southern side of the Hamanatua Stream

entrance. Important surf breaks occur along this area of shoreline.

The high frontal dune is characterised by a relatively steep historic erosion scarp along the full length.

Periodic reactivation of this erosion scarp occurs during rare and severe major storms or erosion events (rip-

cells) when a near vertical and very high erosion scarp can form. While this impressive feature has given rise

to serious concern in the past, the height simply reflects the height of the dune and the beach lowering that


occurs during extreme events. In the past, these erosion events have led to the placement of various sea

walls close to the base of the high frontal dune, with these structures being largely buried on most occasions.

The shoreline is largely within private property from Wainui Stream to Oneroa Road and within esplanade

reserve along Wairere Road. The houses landward of the main frontal dune are generally well set back from

the top edge of the historic erosion scarp, though in places dwellings have been consented very close to this

feature. Locating houses close to this feature is very unwise as it is an unambiguous indicator of areas

impacted during severe storm erosion.’

4.4 Subject Site History

The Records of Title for 22, 24 and 26 Pare Street were issued between 1969 and 1996. There is no readily

available record which suggests that consent or authority was applied for or granted for the pre-existing

coastal protection structure.

It is noted that the Wainui Beach Erosion Management Strategy 2014 (“The Strategy”) acknowledges the

long history of coastal protection structures along Wainui Beach. In particular ‘Various property protection

works have been placed along the seaward face of the bluff following erosion events since the 1960’s and

1970’s. These structures are still evident in places along much of the length, though are generally buried or

only partly exposed when a high tide beach is present. The existing erosion protection structures are low

and overtopped during major storms. Nonetheless, the face of the bluff appears close to the structures

suggesting relatively minor net retreat of the bank over the past 40-50 years. It is likely the structures have

mitigated erosion to some extent.’

5 CONSULTATION

5.1 Consultation with Mana Whenua

On behalf of the Applicant, staff from 4Sight Consulting met with representatives of Ngati Oneone on the

4th of October 2019. No written response has been provided to date, however, it is understood that Ngati

Oneone are supportive of this application.

5.2 Written Approvals

The applicant has engaged with surrounding landowners who are understood to be generally supportive of

the recent emergency works and temporary retention of the rock revetment. No written approval has been

obtained. These parties have raised concerns with the potential for the structure to create downstream

effects (i.e. end effects). These matters are considered by Mr Morgan in the Coastal Processes and Impact

Assessment attached in Appendix D. These parties have also expressed their interest in being involved with

future discussions regarding the future management of this part of Wainui Beach.


6 REASONS FOR THE APPLICATION

An assessment of the proposal against the relevant statutory documents has been undertaken and the

following reasons for consent are identified. A detailed analysis of the rules is provided in tabular form in

Appendix F.

6.1 Tairāwhiti Resource Management Plan

Resource consent is being sought under the Tairāwhiti Resource Management Plan (TRMP) for the following

reasons:

▪ The construction of a rock revetment within the CMA for the purposes of coastal protection within the

CMA requires a coastal permit for a discretionary activity pursuant to Rule DC2.6.1(16);

▪ The movement of sand on Wainui Beach within the CMA requires a coastal permit for a discretionary

activity pursuant to Rule DC2.6.4(10);

▪ The construction of a rock revetment within the General Residential Zone require land use consent for

a non-complying activity pursuant to Rule DD1.6.1(32);

▪ The construction of a rock revetment within the Amenity Reserve Zone require land use consent for a

non-complying activity pursuant to Rule DD5.6.1D(15);

▪ The construction of a rock revetment within the Coastal Environment Overlay and within 200m of

MHWS requires land use consent for a discretionary activity pursuant to Rule C3.1.4.3(13);

▪ The installation of the rock revetment designed to mitigate the effects of coastal hazards within the

Coastal Hazard 1 Overlay requires land use consent for a discretionary activity pursuant to Rule

C8.5.7(1);

▪ Construction noise and vibration levels were not monitored during emergency works. Noise and

vibration resulting from the remedial works is unknown and may exceed the relevant noise and

vibration standards of the General Residential and Amenity Reserve Zone. Land use consent is sought

as a precautionary measure pursuant to Rules C11.2.15.2, C11.2.15.4 and C11.2.16.1;

▪ Any noise generated within the General Management Area within the CMA requires consent for a

discretionary activity pursuant to Rule C11.2.16(4); and

▪ The sand excavation undertaken at Site 2 and within the Wainui Stream Bed / Riparian Margin requires

consent for a discretionary activity pursuant to Rule C6.3.2(19) and a restricted discretionary activity

pursuant to Rule C6.4.5(22).

It is noted that a coastal permit is not sought for the limestone rock stockpile is not sought as that structure

has been removed from the subject site.

6.2 Overall Status of the Application

Overall, resource consent is required for a non-complying activity.


6.2.1 Non-Complying Activities – s87A, s104B and s104D

As a non-complying activity, there is no limitation in the matters that can be considered providing they are

resource management related. The consent authority may decline consent or it may only grant consent

with or without conditions providing the requirements of s104D are met.

7 SCHEDULE 4 RMA – ASSESSMENT OF ENVIRONMENTAL EFFECTS

7.1 Introduction

Having reviewed the relevant plan provisions, visited the site and taking into account the matters that must

be addressed by an assessment of environmental effects as outlined in Clause 7 of Schedule 4 of the Act,

the following environmental effects warrant consideration as part of this application.

The following effects are considered relevant to this application:

Positive effects;

Effects on visual amenity and landscape values;

Construction and earthworks effects;

Coastal process effects;

Coastal hazard effects;

Effects on public access;

Effects on biodiversity and ecological values; and

Cultural and archaeological effects.

An assessment of these effects that corresponds with the scale and significance of the effects that the

activity may have on the environment is provided below in the remaining parts of Section 7 of this report.

Clause 7(2) notes that the requirement to address matters in the assessment of environmental effects is

subject to the provisions of any policy statement or plan. The relevant documents have been assessed in

Section 8 of this report.

7.1.1 Permitted Baseline

The permitted baseline is relevant to both the assessment under sections 95A – 95G and section 104 of the

Act. Under these sections, a consent authority may disregard an adverse effect of the activity on the

environment if a national environmental standard or the plan permits an activity with that effect. This is

the permitted baseline. It is only the adverse effects over and above those forming a part of the baseline

that are relevant when considering an application.

The purpose of the permitted baseline test is to isolate and make irrelevant, the effects of activities on the

environment that are permitted by the plan. When applying the permitted baseline, such effects cannot

then be taken into account when assessing the effects of a particular resource consent application. The

http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM242008.html?search=sw_096be8ed81666d67_%22schedule+4%22_25_se&p=1&sr=4


baseline has been defined by case law as comprising the 'existing environment' and non-fanciful (credible)

activities that would be permitted as of right by the plan in question.

In this case, there is no relevant permitted baseline for this application because coastal protection

structures are not provided for in the General Residential Zone, the Amenity Reserve Zone or the Coastal

Marine Area.

7.1.2 Receiving Environment

In assessing the potential adverse effects on the environment, the receiving “environment” for effects must

be considered.

The receiving environment is a mandatory consideration defined by caselaw and is the environment beyond

the subject site upon which a proposed activity might have effects. This includes the future state of the

environment upon which effects will occur, including:

The environment as it might be modified by the utilisation of rights to carry out permitted activities;

and

The environment as it might be modified by implementing resource consents that have been granted

at the time a particular application is considered, where it appears likely that those resource consents

will be implemented.

In this case the receiving environment is as described in Section 4 of this report.

Of particular relevance, it is believed that the pre-existing coastal protection structure located within Site 1

has been established for around 50 years. There appears to be no record of lawful establishment of this

structure. Despite this, the structure has been in place and protecting residential land for a long period of

time and can be taken into account when considering the existing environment.

There are no known resource consents yet to be exercised affecting the subject site.

7.1.3 Other Considerations

Sections 95D(d)-(e) and 104(3)(a) of the Act require that assessments must disregard:

Trade competition, or the effects of trade competition; and

Any effect on a person who has given written approval to this application.

Trade competition is not relevant to this application and no written approvals have been obtained.


7.2 Effects on Character and Amenity Values

The existing environment, as described in Section 4 of this report, establishes the character and level of

amenity experienced within the surrounding landscape.

It is considered that the rock revetment within Site 1 has been established within an already highly modified

coastal environment subject to coastal erosion. In particular, Wainui Beach is bordered by existing

residential development and a myriad of coastal protection structures. The immediate environment (prior

to emergency works) was occupied by relic coastal protection structures including sheet pile groynes,

dilapidated gabion baskets, remnant railway iron structures and a timber retaining wall.

The proposal involves the following activities which have the potential to change or adversely affect the

character and amenity values of the receiving environment:

The temporary retention of a rock revetment constructed as part of emergency works;

The excavation of sand within the CMA;

Remedial works necessary to stabilise the rock revetment.

The visual characteristics of the rock revetment, being the existing situation as of the 4th of October 2019,

are illustrated in Figures 12 to 14 on the following page:

Figure 12: Photograph of completed rock revetment looking north. Source: CEMP.


Figure 13: Photograph of completed rock revetment, looking south. Source: CEMP.

Figure 14: Photograph of completed rock revetment looking north. Source: CEMP.

It is apparent that the rock revetment has altered that visual characteristics of the local coastal

environment. This will be most obvious from Wainui beach and from adjoining properties. Given the limited

options available to Council to halt the coastal erosion observed on this section of beach, and to protect

the quickly eroding residential properties, the rock revetment is considered to achieve an acceptable level

of visual cohesion with the existing modified coastal environment. In particular, the rock revetment is small

in scale within the context of the wider viewing area. The exterior of the rock revetment also comprises an

armour of limestone rock which can be a natural occurring material along the New Zealand coast (although

not readily evident in this particular coastal area). Of particular relevance, the rock revetment has replaced

a somewhat similar gabion coastal erosion protection structure which was in a state of disrepair. The rock


revetment is therefore considered to be an improvement on the visual characteristics of the previous

structure which was exposed and in a state of disrepair.

Further remedial works proposed will result in minor changes to the visual aspects of the rock revetment,

including its gradient and length. These changes are not expected to change the overall visual nature of the

rock revetment, and therefore character and amenity effects, to any meaningful degree.

Of note, the pre-existing coastal protection structure was typically covered by sand. The bulk of the rock

revetment (and remedial works) is therefore likely to be covered in a similar manner in the future (however

this is not certain due to the fluctuating nature of sand levels in this locality). Should sand cover occur, any

effects on the character and amenity of the receiving environment will be negligible. Should the structure

remain visible, and given the short consent duration sought, any adverse character and amenity effects on

the receiving environment will also be minor.

With regards to sand excavation within the CMA, any adverse character and amenity effects were very

temporary in nature and are no longer discernible. This is illustrated by the fact that the area of the

extraction shows no evidence of the activity having been undertaken.

Overall, any character and amenity effects of the allowing the rock revetment, including the remedial works

for a period of three years are expected to result in adverse character and amenity effects that are minor

to less than minor.

7.3 Construction Effects

Potential construction effects that typically arise from works of this nature include dust effects, noise

effects and the effects of construction traffic. A Construction Environmental Management Plan (CEMP) was

prepared following the emergency works to document the management practices adopted (refer Appendix

E of this report). The CEMP notes:

Construction works were undertaken around low tide in order to minimise environmental impacts

associated with machinery operating in the ocean;

No spills of oils or other noxious substances occurred during construction works;

There was no evidence of significant sediment deposition following the works and no evidence of rilling,

gullies or other instances of run-off erosion;

No specific dust management measures were undertaken to control dust due to the wet environment

the works were completed within; and

A Traffic Management Plan was implemented on Pare Street, including road closure signage and the

use of traffic management personnel during rock delivery.

The Applicant is not aware of any construction related complaints having been received by Council.

Any adverse construction effects resulting from the proposed remedial works will be the same, if not less,

than what resulted from the emergency works undertaken in early September 2019. It is considered that


any remedial construction effects will be temporary in nature and appropriately managed to a less than

minor degree though the implementation of an appropriate construction management plan.

Overall, I consider that any actual or potential adverse construction effects resulting from the completed

emergency works and proposed remedial works have/ will be managed to a less than minor degree subject

to the implementation of an appropriate CEMP.

7.4 Coastal Process Effects

The Coastal Processes and Impact Assessment prepared by Sam Morgan of 4Sight Consulting (attached in

Appendix H) assesses the potential adverse effects of the proposal on coastal processes. Key findings of

this assessment are included below:

▪ Due to the nature of local conditions and scale of the proposed structure, it is unlikely that the structure

will have any impact upon the local wave climate, local current regimes, sediment transport or

inundation level at Wainui Beach.

▪ It is expected that the structure will only be subject to coastal processes during times of low sand levels.

During these times a conservative worst-case estimate would be that the structure is exposed to coastal

processes for an average of 3 hours either side of high tide when sand levels are low.

▪ Overall the potential effects to arise from wave energy reflection off the proposed new structure are

considered to be undetectable in the context of the existing situation. This is mostly due to its position

in the upper limits of the active beach margin in general the site is expected to accumulate sand in

front of the structure in the future and some recovery of sand has been observed since the works were

undertaken.

▪ On the assumption works are undertaken to improve the stability of the structure [refer Section 3 of

this report] the impact from end effects is expected to be less than minor.

As detailed within Section 3 of this report, Mr Morgan has identified concerns with the stability of the

existing rock revetment and has recommended further remedial works be undertaken.

Overall, based on the expert advice provided by Mr Morgan, any adverse coastal process effects of the

proposal on the wider coastal processes operating on Wainui Beach will be less than minor, subject to

further minor remediation works on the structure being completed in the near future.

7.5 Coastal Hazard Effects

The subject site is located within a coastal environment which is recognised under the TRMP as being

subject to risk from coastal hazards and erosion. The rock revetment is not expected to exacerbate the risk

of coastal hazards or erosion associated with the subject site or adjoining residential property, however, it

will provide some temporary relief from erosion of the subject site. Further, the Coastal Processes and

Impact Assessment prepared by Mr Morgan confirms end effects (i.e. erosion to the adjoining softer

shorelines) of the proposal on the local environment will be less than minor.


Overall, any adverse coastal hazard effects of the rock revetment are expected to be less than minor.

7.6 Effects on Public Access

The rock revetment is of a scale and location which is generally consistent with the previous gabion coastal

protection structure on the site and is located entirely within private property. As such the proposal has

not altered, nor does it obstruct, the area of beach generally available to the public.

It is acknowledged that access to a small area of Wainui Beach was restricted during the construction period

to protect public safety. This will also be the case during the completion of remedial work necessary to

stabilise the rock revetment (approximately one – three days). This restricted access was, and will be,

temporary in duration and small in area. In the context of the scale of the wider beach environment, limited

access to a selective area of that environment for a short period of time is considered to have a less than

minor effect on public access and enjoyment of the coastal marine area.

7.7 Effects on Biodiversity and Ecological Values

As detailed within Section 3 of this report, no natural dune formation nor significant natural habitats are

known to occupy the existing modified coastal environment of Site 1. Notably, at the time of emergency

works, the shoreline had been eroded to within private residential property. Given this, the continued

occupation of the site by the rock revetment is anticipated to have a less than minor adverse effect on

biodiversity and ecological values of the surrounding environment.

With regards to Site 2, no destruction of any significant natural habitats was observed during works. As

previously noted within Section 7.2 of this report, any evidence of sand extraction is no longer evident

illustrating that any effects were very temporary in nature.

The CEMP included in Appendix E also confirms that appropriate measures were undertaken to avoid

environmental contamination during works.

Overall, the proposal is considered to have a negligible adverse effect on biodiversity, ecological values of

natural habitat in the locality.

7.8 Cultural and Archaeological Effects

As the emergency works were undertaken within a coastal environment, the proposal has the potential to

generate adverse effects on the relationship of Maori with their ancestral lands, water, sites, waahi tapu or

other taonga.

On behalf of the Applicant, 4Sight Consulting met with representatives of Ngati Oneone following the

completion of emergency works. It is understood that Ngati Oneone is supportive of this application.


Further, Council’s records do not indicate the presence of any known archaeological sites within the

immediate vicinity of the rock revetment. Further, the rock revetment has been constructed in the place of

a preceding coastal protection structure in an area that is subject to ongoing modification and erosion from

coastal processes. No archaeological sites were discovered during sand extraction. In consideration of these

factors, the temporary retention of the rock revetment is unlikely to affect any archaeological sites.

Standard accidental discovery protocol will also be adhered to during remedial works, although given the

nature of these works, the discovery of any archaeological features is unlikely.

For the above reasons, any adverse effects from the retention of the rock revetment and remedial work

are anticipated to be less than minor, subject to the implementation appropriate accidental discovery

protocols.

7.9 Positive Effects

The proposal is anticipated to result in the following positive effects:

The emergency works protected private residential property during an erosion event, including the

stabilisation of a wastewater system susceptible to failure. This protected the respective owner’s

private investment whilst also avoiding potential discharge and environmental contamination.

As a result of the erosion, a number of railway irons were exposed and posed a safety hazard to the

general public. These structures are now largely covered by the rock revetment.

Temporary consent for a period of three years will provide the necessary and reasonable time needed

to undertake a detailed investigation to identify and formalise a long-term solution to the coastal

erosion of these properties.

These investigations are also anticipated to facilitate a wider community discussion with regards to the

future management of coastal erosion issues in the area.

7.10 Environmental Effects Assessment Summary

Overall, from the assessment undertaken above, the proposal will have actual and potential effects that

are considered to be reasonably temporary in nature and minor.

8 STATUTORY ASSESSMENT

8.1 Section 104(1)(a) of the Act

Section 104(1)(a) requires that when considering an application for a resource consent, the consent

authority must, subject to Part 2, have regard to ‘any actual and potential effects on the environment of

allowing the activity’.

I have considered this application and it is my opinion that any actual and potential effects that may arise

from this proposed activity would fall into the following categories:


Positive effects;

Effects on character and amenity values;







As assessed in Section 7 above, the proposal will have actual and potential effects that are minor. With

regards to adverse effects, I note the following:

The scale and temporary nature of the structure will ensure that that any adverse character and

amenity effects on the receiving environment will be temporary and minor in nature.

Potential adverse effects during construction were appropriately managed through the provision of a

CEMP. Likewise, adverse construction effects can be mitigated during further remedial works through

the implementation of a similar CEMP.

Adverse effects on public access (during construction and remedial work) will be temporary. Public

access to the remainder of Wainui Beach will remain available.

The retention of the rock revetment will not obstruct or reduce public access to Wainui Beach.

Any adverse effects on ecological and biological values are likely to be negligible.

Any adverse coastal process effects of the proposal on the wider coastal processes operating on Wainui

Beach will be less than minor, subject to further minor remediation works on the structure being

completed in the near future.

The proposal will not exacerbate existing coastal hazard risk.

As detailed in Section 7 of this report, the proposal will also result in positive effects. This includes the

temporary protection of private property (Site 1) and the avoidance of environmental contamination from

the failure of the at-risk wastewater system. Importantly, temporary consent will provide the necessary

time to undertake a detailed investigation to identify and formalise and long-term solution to erosion of

these properties. These investigations are also anticipated to facilitate a wider community discussion with

regards to the future management of coastal erosion issues.

Overall, any actual or potential adverse effects of allowing the rock revetment to remain for three years

will be minor if not less than minor (depending on sand levels during this time). The provision of time for

further investigation into the best means to manage coastal erosion provides the opportunity to achieve

positive outcomes (i.e. effects) for the wider community and the coastal environment.

8.2 Section 104(1)(ab)


Section 104(1)(ab) requires that the consent authority consider “any measure proposed or agreed to by the

applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any

adverse effects on the environment that will or may result from allowing the activity”.

In the case of this particular application, the proposal is not of a scale or nature that would require specific

offsetting or environmental compensation measures to ensure positive effects on the environment.

8.3 Section 104(1)(b) of the Act

Section 104(1)(b) requires that when considering an application for a resource consent, the consent

authority must, subject to Part 2, have regard to:

any relevant provisions of –

(i) a national environmental standard;

(ii) other regulations;

(iii) a national policy statement;

(iv) a New Zealand coastal policy statement;

(v) a regional policy statement or proposed regional policy statement;

(vi) a plan or proposed plan.

An assessment of the relevant statutory documents that corresponds with the scale and significance of the

effects that the activity may have on the environment has been provided below.

8.3.1 New Zealand Coastal Policy Statement

The proposal involves the use and development of land adjacent to the coastal environment and therefore

requires consideration against the New Zealand Coastal Policy Statement 2010 (NZCPS) which sets out how

the coastal environment should be managed at a national level.

The key objectives and policies of the NZCPS seek to:

Protect the integrity, form, functioning and resilience of the coastal environment and its ecosystems

(Objective 1);

Preserve and encourage the restoration of the natural character of the coastal environment and protect

natural features and landscape values from inappropriate use and development (Objective 2, Policies

13, 15);

aTke into account the principles of the Treaty of Waitangi in relation to the coastal environment and

recognise the relationship of tangata whenua over their lands, rohe and resources (Objective 3, Policy

2);

Maintain and enhance public open space qualities and recreation opportunities of the coastal

environment (Objective 4, Policies 18, 19);

Ensure that coastal hazard risks are managed and consider the range of options for reducing coastal

hazard risk (Objective 5, Policies 24, 25 and 27);


Enable people and communities to provide for their social, economic and cultural wellbeing and their

health and safety through use and development, while recognising that the protection of the values of

the coastal environment does not preclude use and development in appropriate places and forms

(Objective 6).

In consideration of the above, I note the following:

▪ The proposed development will not result in adverse effects on the integrity, form, functioning or resilience of the coastal environment as detailed within the Coastal Processes and Impact Assessment prepared by Mr Morgan and included in Appendix E of this report.

▪ Any adverse effect of the rock revetment and sand extraction from Wainui Stream are anticipated to be less than minor as detailed in Section 7 of this report.

▪ Given the urgent setting in which the rock revetment was constructed (i.e. under emergency works), the general design and location of the structure is considered a practical temporary solution in the context of the existing coastal environment. In particular, the rock revetment was placed within the footprint of a pre-existing coastal protection structure and within private property. The structure is predominantly constructed of natural material and is similar to other protection structures observed throughout New Zealand. This will achieve some level of integration with the coastal environment. Given that the structure will be in place for three years and replaces an existing structure, it is unlikely to compromise the natural character of the coastal environment to a notable extent. However, as the rock revetment does not preserve and encourage the restoration of the natural character of the coastal environment, it is therefore not entirely consistent with Objective 2, Policies 13, 15. It is considered that a wider community discussion needs to be held to determine whether hard protection structures are considered inappropriate in this area.

▪ Relevant iwi groups have been contacted in relation to this application and consultation is on‐going. There are no identified archaeological sites near the area of works and, given the highly modified costal environment, no other archaeological sites are likely to be disturbed as part of the remedial works;

▪ The proposal will maintain public and walking access as the rock revetment will be located on private land and therefore will not obstruct public movement to or along the coast, nor will it reduce space in the CMA for recreational activities. This excludes restricted access during construction which is temporary in nature.

▪ This temporary rock revetment will provide the residential homeowners, Council and the community with the opportunity to consider a range of options to manage coastal hazards in this location. A three year duration is considered a reasonable timeframe to undertake this work, while maintaining a sense of urgency.

▪ The rock revetment will provide temporary protection of private land from further damage. This will allow the landowners and occupiers additional time to consider, in depth, their options regarding the future use and management of their land. This is expected to benefit the long term economic, health and wellbeing of those parties.

▪ The consent duration is considered appropriate to enable the community to identify how to best address coastal erosion in this case and potentially within the wider coastal environment. This is likely to include further consideration as to whether hard costal structures are/are not an appropriate long-


term coastal erosion measure, including with regard to maintaining the values of the coastal

environment.

Overall, it is acknowledged that a wider community discussion needs to be held to identify a long-term

strategic approach to coastal erosion, including whether hard structures such as that subject to this

consent, are appropriate. The rock revetment was constructed under emergency works to prevent the

further erosion of private land and potential failure of a wastewater system. Allowing this structure

to remain for a period of three years while a long-term solution is identified and implemented is a

practical approach in this particular situation. Providing for remedial works will ensure that the rock

revetment remains stable for the duration of the consent to avoid further erosion and/or failure of the

structure. In consideration of the unique matters which relate to this proposal, the retention of the rock

revetment and remedial work for three years is not considered contrary in nature to the relevant

objectives and policies of the NZCPS.

8.3.2 Tairāwhiti Resource Management Plan

It is noted that the TRMP Plan covers all of the region’s resource management plans, including the district

plan, regional policy statement, regional coastal plan, regional plans and Freshwater Plan. A multitude of

objectives and policies included in this plan relate to the proposal to some degree. The objectives and

policies of the TRMP considered most relevant to this application seek to

▪ Avoid as far as practicable adverse effects of activities on the integrity, functioning and resilience of

natural processes and qualities, such as natural movement of sediment and water (Objectives B4.4.1.2,

C3.2.2.1, C3.14.1.1, Policies C3.2.3.3);

Protect, maintain and enhance natural character, including of the coastal environment, by managing

adverse effects of activities and avoiding inappropriate development (Objectives B4.3.1, B9.1.1.1,

C3.2.2, C3.3.2.2, Policies B.4.3.2, C3.2.3;

Maintain or enhance safe public access to and along the CMA in the Coastal Environment (Objectives

B9.2.1.1, C3.5.2, Policies B9.2.2.1, C3.5.3.1, C3.5.3.10,);

Restrict the occupation of the CMA to those activities that have a functional need to locate in the CMA

and where there is no alternative option. That adverse effects of these activities on natural character

and processes of the coastal environment are avoided and mitigated, and do not cause or worsen

hazards to other lands or waters (Including Objectives C3.7.2.1, C3.7.2.7, C3.8.2 Policies B5.1.3.2,

C3.7.3.1 to C3.7.3.18, C8.1.4.5);

Provide for some activities that alter the foreshore or bed of the CMA while avoiding, remedying or

mitigating any adverse effects they have on ecosystems and habitat (Including Objective C3.9.2, Policies

C3.9.3.2 to C3.9.3.10); and

Recognise the implications of climate change, including a change in sea level rise. Provide for coastal

protection works where they are the best practicable option for the future. The limitations of physical

works be recognised and the abandonment or relocation of existing structures should be considered

among the options (Including Policies B5.1.3.5, C8.5.4.18 and C8.5.4.19);


Sustainably manage of freshwater and riparian margins to safeguard the life-supporting capacity of

freshwater, including ecosystem processes and indigenous species, and the health of people and

communities. Including the provision of activities in/near streams where adverse effects on the

significant habitats and natural processes are avoided and mitigated (Including Objective B6.2.1,

Policies B9.1.1.1, C6.3.1, C11.2.12); and

Provide for noise and vibration where adverse effect on human health and the character and amenity

of the environment, including the CMA and Coastal Environment, is avoided (Including Objectives

C11.2.4.1 and C11.2.4.2, Policies C11.2.13, C11.2.13.6.

The following comments are made with respect to the objectives and policies above:

The proposal will provide temporary protection to the physical land resources from coastal erosion

processes while a long-term approach/solution is investigated.

As assessed in Section 7 and the Coastal Processes and Impact Assessment in Appendix D, any adverse

effects of these activities on the integrity, functioning and resilience of natural coastal processes will

be negligible, subject to remedial work.

The rock revetment will have a temporary and minor effect on natural character and the amenity values

of the coastal environment. In particular, the rock revetment has been constructed of natural materials,

is contextually small in scale and will be temporary.

The proposal will maintain the extent of existing public access across this part of Wainui Beach. The

rock revetment is located entirely within private property and therefore will not further hinder public

access to and along the CMA. Public access to a small area of the CMA will be restricted during remedial

works for a small amount of time and access to the wider beach will be provided.

The rock revetment was required to protect existing residential properties (Site 1) from coastal erosion.

The rock revetment replaced a pre-existing coastal protection structure and will remain entirely within

the footprint of that structure. As assessed in Section 9, the rock revetment will have negligible adverse

effects on natural coastal processes. Likewise, the rock revetment will not cause or exacerbate coastal

hazards beyond the existing situation.

As previously discussed, it is acknowledged that a wider discussion regarding a strategic approach to

coastal erosion is needed which will likely give consideration to factors including climate change. The

rock revetment was constructed in response to an erosion event, however, the extent to which climate

change/sea level rise contributed to this event has not been considered in detail as part of

this application. The three year consent duration sought will provide sufficient time to consider the

effects of climate change and sea level rise in this location.

The rock revetment and sand extraction activities not expected to have adversely affected the

freshwater environment. Of particular, the minor modifications to the Wainui Stream which resulted

from sand extraction is no longer evident. This illustrates the minor and temporary extent of the sand

extraction as well as the highly dynamic nature of the coastal/stream processes in this locality.

Construction noise was generated during emergency works and noise of the same nature is likely during

proposed remedial works. This noise is unlikely to compromise human health and the character and

amenity of the environment, including the CMA and Coastal Environment due to the very temporary


nature of these works. It is noted that no noise complaints were received during emergency works and

a CEMP can be implemented to minimise noise effects of remedial works.

On balance, given the temporary and reactionary nature of the rock revetment, its contextually small

scale and somewhat natural design, the granting of consent for a period of three years to allow for

further investigation is not considered contrary to the general policy of the TRMP.

8.3.3 Section 104(1)(b) Summary

The above assessments demonstrate that the proposal will be consistent with the relevant objectives and

policies of the relevant statutory documents, subject to fair and reasonable conditions being imposed as

recommended in Section 9.

8.4 Section 104 (1)(c) of the Act

Section 104(1)(c) also states that consideration must be given to "any other matters that the consent

authority considers relevant and reasonably necessary to determine the application." Refer below for a

discussion of ‘other matters’ which are considered relevant to this application.

8.4.1 Wainui Beach Erosion Management Strategy

The Wainui Beach Erosion Management Strategy (“The Strategy”) was developed in 2014 by Gisborne

District Council, coastal experts and various stakeholders, and sets out Gisborne District Council’s strategy

for managing coastal erosion at Wainui Beach. The strategy identifies a number of short term (10‐20 years),

medium term (20‐30 years) and longer term (next 100 years) actions for managing the risk in this area

associated with coastal processes, erosion and sea level rise.

The subject site is located within Area 5 – Pare Street and Wairere Road of the Strategy. In consideration of

this area and existing development, the Strategy notes that:

▪ The seawalls constructed in the past are under-designed to withstand full storm wave energy at Wainui

Beach particularly if sea level rise effects result in shoreline retreat.

▪ There is also no strong justification for sea walls in this area.

▪ The existing structures are largely buried as backstop structures and appear to generally have only

minimal adverse effects on the beach, though prevent sand supply to the beach during storm events. In

the interim, these structures can be left though over time they could be removed. Removal is most simply

facilitated after severe erosion events when the structures are fully exposed.’

The following options are promoted for management of erosion hazard in Area 5:

▪ Implementation of appropriate development controls.

▪ Review the existing hazard assessment and refine policies and rules.

▪ Progressive restoration of native dune vegetation to better facilitate natural dune building and repair,

complemented (where required) with sand push ups after severe dune erosion.


▪ Progressive removal of existing sea walls over time, though these features can be left in the immediate

future.

▪ The proposed strategy should provide for reasonable use of the beach and the adjacent beachfront

properties for at least 30-50 years. The longer term prognosis will depend on the response of the beach

to projected sea level rise.

With the above in mind, it is noted that:

▪ It is considered that a severe erosion event has occurred at Site 1. Appropriate action was undertaken

by way of emergency works to stabilise the site. The application will now provide the necessary relief

and time to consider options for long term management of coastal erosion in this location, including

those options listed in the Strategy above.

I do not consider the proposal to be contrary to the Strategy, however, it is evident that a long term and

strategic approach to coastal erosion along this section of beach is needed.

9 OTHER RELEVANT SECTIONS OF THE ACT

9.1 Section 104D Test for Non-Complying Activities

To be able to grant consent to a non-complying activity, a council must be satisfied that either the adverse

effects of the activity on the environment will be minor (s104D(1)(a)), or the proposed activity will not be

contrary to the objectives and policies of a proposed plan and/or plan (s104D(1)(b)). This consideration is

commonly known as the 'threshold test' or the 'gateway test'. If either of the limbs of the test can be passed,

then the application is eligible for approval, but the proposed activity must still be considered under Section

104. There is no primacy given to either of the two limbs, so if one limb can be passed then the 'test' can

be considered to be passed.

As identified in the assessment above, the adverse effects of the activity on the environment will be minor

and the proposed activity will not be contrary to the objectives and policies of the plan. As such the

application can be considered under Section 104 and a determination made on the application as provided

by Section 104B.

9.2 Section 108 – Recommended conditions of consent

As identified in the preceding assessment, there are a number of recommended conditions of consent that

will avoid, remedy or mitigate the potential adverse effects of the activity on the environment. It is

anticipated that the Council will adopt conditions relating to the following matters.

Remedial works to be in accordance with a Council certified engineer detailed design and Construction

Environmental Management Plan; and

Final as-built plans to be submitted upon completion of remedial works.


10 NOTIFICATION ASSESSMENT – SECTIONS 95A TO 95G OF THE ACT

10.1 Public Notification Assessment

Section 95A requires a council to follow specific steps to determine whether to publicly notify an

application. The following is an assessment of the application against these steps:

10.1.1 Step 1: Mandatory public notification in certain circumstances

An application must be publicly notified if, under section 95A(3), it meets any of the following criteria:

The applicant has requested the application be publicly notified.

10.1.2 Notification Assessment Conclusion

Pursuant to sections 95A to 95G, it is recommended that the Council determine the application be publicly

notified for the following reasons:

In accordance with section 95A Step 1, mandatory public notification is required because the Applicant

has requested Public Notification.

11 PART 2 ASSESSMENT

I consider that those aspects of the Tairāwhiti Resource Management Plan relevant to this application have

been ‘competently prepared under the Act’, in the sense referred to by the Court of Appeal2. There is

therefore no obligation to conduct an evaluation under Part 2 of the Act, and Part 2 considerations should

not be used to override the plan provisions. However, for the sake of completeness, and to remove any

doubt, the following assessment against Part 2 has also been undertaken.

11.1 Section 5 - Purpose of the Act

Section 5 in Part 2 of the Act identifies the purpose of the Act as being the sustainable management of

natural and physical resources. This means managing the use of natural and physical resources in a way

2 R J Davidson Family Trust v Marlborough District Council [2018] NZCA 316, paras 74 and 75

(3) (a) the applicant has requested that the application be publicly notified:

(b) public notification is required under section 95C:

(c) the application is made jointly with an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977.


that enables people and communities to provide for their social, cultural and economic well-being while

sustaining those resources for future generations, protecting the life supporting capacity of ecosystems,

and avoiding, remedying or mitigating adverse effects on the environment.

It is considered that the proposal accords with the purpose of the Act and will not have an adverse effect

on the sustainable management of natural and physical resources. The effects of the proposal in terms of

adverse effects on the environment are discussed in detail in Section 7 of this report.

11.2 Section 6 - Matters of National Importance

Section 6 of the Act sets out a number of matters of national importance. Matters relevant to this

application include:

(a) the preservation of the natural character of the coastal environment (including the coastal marine

area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate

subdivision, use, and development.

(b) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and

rivers;

(c) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi

tapu and other taonga; and

(d) the management of significant risks from natural hazards.

▪ The rock revetment is proposed to remain within the coastal environment for a period of three years while further investigation and community engagement is undertaken to develop a long-term

strategic approach to coastal erosion at this site, and likely the wider region. Given the temporary

nature of the rock revetment, its contextually small scale and its somewhat natural visual

characteristics, the structure is unlikely to compromise the natural character values of the

coastal environment to a unacceptable degree.

▪ As discussed in previous section of this report, the rock revetment is constructed within private land and therefore does not compromise public access to Wainui Beach. It is noted that an area of Wainui Beach was closed to the public during emergency works which will also be necessary at the time of remedial works. This will be temporary in nature and will not restrict access to the remainder of the CMA.

▪ 4Sight Consulting have commenced consultation with local iwi who are understood to generally support this proposal. It is intended that further consultation will be undertaken during this application process and as part of wider discussions relating to future coastal erosion management. Further, no evidence of archaeological remains or material were observed during emergency works. Given the highly modified nature of the subject site (as a result of residential development and natural coastal processes) and the minor nature of the proposed remedial works, disturbance of any unknown archaeological sites is considered unlikely. Given that iwi have not raised any concerns with the proposal during initial consultation, it is believed that this application will not compromise the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.


▪ It is evident that Site 1 is already subject to risk from coastal hazards and erosion. The rock revetment

is not expected to exacerbate the risk of coastal hazards or erosion associated with the subject site or

adjoining residential properties, however, it will provide some temporary relief from erosion of the

subject site while long term management of this natural hazard risk is considered.

The proposal is not considered to be contrary to the above Matters of National Importance in the short

term, subject to the proposed remediation works.

11.3 Section 7 - Other Matters

Section 7 identifies a number of "other matters" to be given particular regard to in the consideration of any

assessment for resource consent.

Matters relevant to this application include:

(c) the maintenance and enhancement of amenity values.

(d) intrinsic values of ecosystems.

(f) maintenance and enhancement of the quality of the environment.

With regard to the above matters, I make the following comments:

▪ As determined in Section 7 of this report, the rock revetment is a practical and short-term solution

which provides temporary relief from coastal erosion while a long-term strategic approach to the

matter is investigated. The rock wall is contextually small in scale and made from natural materials and

will therefore provide some integration with the receiving environment. On balance, any effects of the

rock revetment will be minor and temporary in nature.

▪ As determined within Section 7 of this report, due to the location, scale, design, and temporary nature

of the rock revetment, the intrinsic values of any ecosystems located in the locality, the quality of the

environment will not be compromised by this proposal to any discernable degree.

11.4 Section 8 - Treaty of Waitangi

Section 8 requires the principles of the Treaty of Waitangi to be taken account of.

It is considered that the proposal raises no Treaty issues.

12 CONCLUSION

Following the construction of a rock revetment under Section 330 of the Resource Management Act 991

for Emergency Works, the Applicant seeks retrospective land use consent and a coastal permit for the

following activities:

▪ Temporary retention of a recently constructed rock revetment;

▪ Rock revetment remedial works; and


▪ Sand excavation and relocation.

The above listed activities are unable to comply with Rules 2.6.1(16), 2.6.4(10), 1.6.1(32), 5.6.1D(15),

3.1.4.3(13), 8.5.7(1), C11.2.15.2, C11.2.15.4, C11.2.16.1, 11.2.16(4), 6.3.2(19), and 6.4.5(22) of the

Tairāwhiti Resource Management Plan and attracts an overall non-complying activity status.

For the purposes of transparency and to enable community consultation, the Applicant has requested that

this application be publicly notified.

In terms of section 104(1)(a) of the Act, the actual and potential adverse effects of the proposal are

anticipated to be minor, as discussed in Sections 7 and 8 of this report. In particular, any adverse effects of

the following on the environment are anticipated to be less than minor:







The retention of the rock revetment is expected to have a less than minor effect on character and amenity

and landscape values, should it be covered with sand. If this does not occur, these adverse effects are

expected to be no more than minor.

Positive effects of this application include:

The protection of private residential property during an erosion event, including the stabilisation of a

wastewater system susceptible to failure.

The mitigation of a potential public safety hazard which arose from railway irons exposed by coastal

erosion.

Temporary consent for a period of three years will provide the necessary and reasonable time

needed to undertake a detailed investigation to identify and formalise a long-term solution to the

coastal erosion of these properties. These investigations are also anticipated to facilitate a wider

community discussion with regards to the future management of coastal erosion issues in the area.

In terms of section 104(1)(b) of the Act, the proposal is not generally considered to be contrary to the

objectives and policies of the Tairāwhiti Resource Management Plan, the New Zealand Coastal Policy

Statement and the Wainui Beach Erosion Management Strategy. The proposal is not considered to conflict

with Part 2 of the Act.

Hence, in accordance with section 104B and section 104D in relation to non-complying activities, it is

considered appropriate for consent to be granted, subject to fair and reasonable conditions.

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Emergency Works Wainui Beach Rock Revetment · 2019-11-13 · AA6129 – Planning Assessment For...

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