IN THE MATTER

AND

IN THE MATTER

BETWEEN

AND

BEFORE THE ENVIRONMENT COURT

of the Resource Management Act 1991 (the Act)

of an appeal Pursuant to Clause 14 (1) of Schedule 1 of the Act in relation to changes to the Proposed Rotorua District Plan- C043

HENDERSON QUARRIES LIMITED (ENV -20 14-AKL-000228)

Appellant

'\

ROTORUA DISTRICT COUNCIL

Respondent

Environment Court Judge J A Smith sitting alone under section 279 of the Act

IN CHAMBERS at Auckland

CONSENT ORDER

A. Under section 279(1)(b) of the Act, the Environment Court by consent, orders that:

i. This appeal is allowed, in accordance with Annexure A and Annexure B to this order.

ii. The relief sought at paragraphs 5.1, 5.2 and 5.4 of the notice of appeal, relating are resolved by this order. The appeal is otherwise dismissed.

B. Under section 285 of the Act, there is no order as to costs.

Introduction

1. This appeal relates to the Proposed Rotorua District Plan. The Appellant sought relief in

relation to the inclusion of the mineral resource area around the Henderson Quarry within

the Mt Ngongotaha ONFL overlay area such that mining and quarrying there was a non­

complying activity. This consent order resolves this topic in full. This Consent Order,

along with other orders already issued by the Court on other topics, resolves this appeal

in full.

2. Bay of Plenty Regional Council and Federated Farmers ofNew Zealand filed notices to

join the appeal points relevant to this topic and consent order under section 274 of the

Act.

3. Following mediation, expert witness conferencing and negotiation, the parties have

agreed to make mining within the crossover between the Henderson Quarry expansion

area and ONFL a discretionary activity. That area has been clearly identified in a new

figure to be added to part 9. Further assessment criteria for that discretion have also been

agreed to. While quarrying itself will remain non-complying outside this area, planting

for screening and rehabilitation will be discretionary.

4. In making this order the Court has read and considered the appeal and the Memorandum

of the parties dated 22 December 2015 and the draft consent documents received on 21

January 2016.

5. The Court is making this order under section 279(1)(b) of the Act, such order being by

consent, rather than representing a decision or determination on the merits pursuant to

section 297. The Court understands for present purposes that:

. ,.Q,r.der

(a) All parties to the proceedings have executed the memorandum requesting this

order, and

(b) All parties are satisfied that all matters proposed for the Court's endorsement fall

within the Court's jurisdiction, and conform to relevant requirements and

objectives of the Act, including in particular Part 2 .

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f;:>~>-~_6., ·_·<'\R~erefore the Court orders, by consent, that the Proposed Rotorua District Court Plan be

( ~ ( , ·>,·. , , : '· ~~ended as shown in Annexure A and Annexure B attached hereto.

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7. This consent order disposes of the appeal points regarding the topic of Outstanding

Natural Features and Landscapes topic. Subject to other consent orders already issued on

other topics relevant to the appeal, this consent order disposes of the remaining points of

appeal in full. The appeal is otherwise dismissed.

8. There is no order for costs.

IJrl- . Dated this {..d day of January 2016

ANNEXURE A

(Underline (for additions) and strikethrough (for deletions))

Amend the Proposed Rotorua District Plan as follows:

PART 2: SECTION 6 MATTERS

2.2.3 Outstanding Natural Features and Landscapes

There are many outstanding natural features and landscapes within the district1 with most

located in the rural areas1 but a small number are located in1 or near1 the Rotorua urban area1

including for example Whakarewarewa1 Mt Ng6ng6taha and Mokoia Island. Most of the

Outstanding Natural Features and Landscapes are located on private land1 and the challenge is

to ensure that the features are managed in a way that protects them from inappropriate

subdivision/ use and development and reflects their significance but does not prejudice the

landowner's ability to provide for their economic wellbeing.

Within a small and peripheral area of the Mt Ngongotaha ONFL, the Plan allows for a

discretionary activity application to be made for extensions to an existing well established

quarry operation. This provision recognises the need of the community for quarry

aggregate and other rock products to be efficiently met from an economic perspective,

while seeking to minimise landscape and visual impacts from public viewpoints. Given that

the provisions require a discretionary activity consent to be sought, they do not pre­

suppose the outcome of any resource consent application to undertake quarrying activity

within the identified area.

Many of the lakes or parts of these lakes are also important to the social1 economic and cultural

wellbeing of residents and holiday makers. A balance is needed between protecting the

features ofthe'lakes and providing for the people that use them.

2.3 OBJECTIVES AND POLICIES

Outstanding Natural Features and Landscapes

· ·' · · Objective 2.3.4

-<~~~>\~l~l_:_.~~~:~;~'.\.\ Outstanding Natural Features and Landscapes that are managed and protected from /, .. \ l the adverse effects1 including cumulative effects1 of inappropriate subdivision1 use1

1 :.n ( : ·' • · . ' \\ 1 , \i and development.

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Polic~ 2.3.4.5 Enable the reasonable use and aQQrOQriate develoQment of

Henderson Ouarct: within Mt Ngongotaha Outstanding Natural

Feature and LandscaQe where it minimises effects on the

identified values and characteristics of the Kauae SQUr and its

I flanks identified as areas A, B, C and D in Figure g.1.

Polic~ 2.3.4.6 Recognise the benefit to be Qroduced b}" continued extraction of the regional!}" significant mineral resource surrounding Henderson Ouarct:.

PART: RURAL

9.5 RULES

Table 9.5: Activities in the Rural Zones

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' cYutstandt!"!Q ,Natu[~l F¢atyres a6cl Landsca~es ', i

ss. Earthworks within an outstanding natural feature or D D NA landscape not provided for under Appendix 10.

I-ss A Mining and ~uarct:ing associated with Henderson Ouarct: Q NA NA within the Mount Ngongotaha Henderson Ouarct: ExQansion Area including an}" Qlanting associated with vegetation screening or rehabilitation outside of the Henderson Ouarr}" ExQansion Area

s5s Mining and ~uarct:ing associated with Henderson Ouarct: NC NA NA within the Mount Ngongotaha Outstanding Natural Feature and LandscaQe but outside the Mount Ngongotaha Henderson Ouarct: ExQansion Area

86. Mining and Quarrying where the land to be mined or D NC NA quarried adjoins the boundary of an outstanding natural feature or landscape.

9.9

9.9.2

DISCRETIONARY ACTIVITIES: METHODS OF ASSESSMENT

Additional Assessment Criteria for Specific Activities

ft..,. Additional Assessment Criteria for mining and quarrying within the Henderson Quarry Expansion Area

I. Landscape and visual effects

The effects ofthe proposed mining and quarrying on the Mount Ngongotaha ONFL and its surrounding landscape, including the whole of the Kauae spur and its flanks (labelled A, B, C. Din Figure 9.1, including the following:

a. The effects on the overall integrity of the ONFL's factors, values and associations identified in the Lake Rotorua Landscape Assessment,

June 2010

b. The effects on landscape character c. The effects on visual amenity including the extent and visibility of

quarrying on the wider visual catchment including but not limited to views from:

1 Rotorua CBD and lake front

ii. Eastern Rotorua lake shore iii. The Cemetery and Marae on Henderson Road

iv. Ngongotaha Main Street; and

v. Mt Ngongotaha and its walkways. d. The extent to which the proposed quarry development avoids and

remedies alteration to the Kauae spur and skyline ridge. This includes the treatment of the externally visible quarry faces and any set back areas surrounding the quarry.

e. The extent to which the quarry encroaches into and integrates with the ONFL recognising expansion in a south westerly direction towards Area

A is preferable from a landscape perspective. f. The extent of indigenous vegetation removal and its effect on the

aesthetic values of the ONFL and surrounding landscape. g. The effectiveness of any avoidance, remediation and mitigation

measures proposed. These may include: . 1 Consideration ofthe quarry extent, shape, orientation and

overburden treatment

lL. The scope and extent of proposed rehabilitation, including earthworks and planting, where it maintains or enhances the overall values of the ONFL and surrounding landscape.

iii. The extent to which the existing landform is maintained for screening purposes, specifically within areas C and D, Figure

.9,_!_,_

II. The extentto which the quarry expansion recognises or adversely affects the

relationship of Maori with Mount Ngongotaha as an outstanding cultural

feature.

Ill. The extent to which the quarry expansion avoids, remedies or mitigates adverse

effects on the surrounding environment including, but not limited to, noise, light

and glare, vibration and traffic.

IV. The extent to which the quarry expansion shape, form and extent is constrained

by the functional and technical requirements of quarrying operations.

V. The adequacy of the landscape and visual assessment, management plans and

Cultural Impact Assessment required to be submitted with the application.

Insert in Part 9: Rural as Figure 9.1 (following the Henderson Quarry Expansion Area

assessment criteria) the map identifying the Henderson Quarry Expansion Area. This shows the

ONFL line, Areas A, B, C and D on the Landscape Architects joint statement dated 28 October

2015, figure 1, and the Expansion Area 3 Setback shown in Figure 12 of Mr Ashby's statement

of evidence dated 19 October 2015.

s. Information Requirements- Henderson Quarry

Any application for quarrying within the Henderson Quarry Expansion Area shall include

the following.

1_,_ Landscape and Visual Assessment to address the matters set out in

assessment criteria 9.9.2.4.1

b. Quarry Management Plan

A detailed Quarry Management Plan which addresses, but is not limited

to, the following:

2..:. Site layout and plans that show the area to be quarried, site contours,

the location of working faces, aggregate stockpiles, ancillary buildings,

lighting and internal and external transport paths.

b., Provision for the disposal and stockpiling of overburden, including the

location of areas used.

~ Procedures to reduce noise vibration and glare (from lights) and dust

levels on site and a procedure for any complaints.

Time period for quarrying operations including blasting.

Staging of quarrying development.

Measures to prevent stored soils and overburden being visually exposed

for long periods.

The location and management of any effects on sites of natural significance or cultural or heritage value.

h., Implementation measures proposed to address recommendations identified in the Cultural Impact Assessment (CIA) .

.L. Provision of monitoring information to Council.

i Consideration of a template for an Annual Management Plan which

shall include, but not be limited to the following:

.L. The location and timing of both the earthworks and quarrying works

operations (including staging, cuts and fills) for the coming year

including planned erosion, stability and sediment control measures

l.L. Evidence to confirm quarry works and operations undertaken within

the previous 12 months were undertaken within the Henderson

Quarry Expansion Area

ll.L. Details and information to confirm works and operations to be

undertaken within the next :1.2 months will be within the Henderson

Quarry Expansion Area

iv. Planned quarrying operations for the coming year including details

such as location and area of extraction of overburden and depth of

the quarry pit(s); and

v. Planned disposal of material for the coming year within the

Overburden Disposal Area (OBDA) including location and area of

material and expected ground levels and contours of exposed

material.

3,. Landscape Management and Maintenance Plan

A Landscape Management and Maintenance Plan which addresses, but is

not limited to, the following:

Q_,_ Existing and proposed landscaping.

Q, Provision for screening (natural or artificial) to reduce visual impacts

providing visual screening of visually intrusive features from public view

and to ensure it is maintained for the life span of the quarry.

~ Management and maintenance measures of all screen planting on site.

~ Measures to prevent stored soils and overburden being visually exposed

for long periods.

~ Any contingency methods to be employed in the event planting fails to

establish; and

t. Identify all planting detailing location, species, sizes and the extent of

mitigation.

Cultural Impact Assessment

A Cultural Impact Assessment (CIA), prepared in consultation with tangata

whenua for Mount Ngongotaha. The CIA shall include, but not be limited to,

measures to address impacts on cultural landscape and other cultural values

affected by the quarry expansion.

PLANNING MAPS

Amend Planning Map 316 and 517 to spatially identify Mount Ngongotaha Henderson Quarry expansion area.

ANNEXURE 8- Clean version

Amend the Proposed Rotorua District Plan as follows:

PART 2: SECTION 6 MATTERS

2.2.3 Outstanding Natural Features and Landscapes

There are many outstanding natural features and landscapes within the district1 with most located in the rural areas1 but a small number are located in1 or near1 the Rotorua urban area1

including for example Whakarewarewa1 Mt Ngongotaha and Mokoia Island. Most of the Outstanding Natural Features and Landscapes are located on private land1 and the challenge is to ensure that the features are managed in a way that protects them from inappropriate subdivision1 use and development and reflects their significance but does not prejudice the landowner's ability to provide for their economic wellbeing.

Within a small and peripheral area of the Mt Ngongotaha ONFL, the Plan allows for a

discretionary activity application to be made for extensions to an existing well established

quarry operation. This provision recognises the need of the community for quarry

aggregate and other rock products to be efficiently met from an economic perspective,

while seeking to minimise landscape and visual impacts from public viewpoints. Given that

the provisions require a discretionary activity consent to be sought, they do not pre­

suppose the outcome of any resource consent application to undertake quarrying activity

within the identified area.

Many of the lakes or parts of these lakes are also important to the social1 economic and cultural wellbeing of residents and holiday makers. A balance is needed between protecting the features of the lakes and providing for the people that use them.

2.3 OBJECTIVES AND POLICIES

Outstanding Natural Features and Landscapes

I Objective 2.3.4

Outstanding Natural Features and Landscapes that are managed and protected from the adverse effects1 including cumulative effects1 of inappropriate subdivision1 use1

and development .

...

Policy 2.3.4.5 Enable the reasonable use and appropriate development of Henderson Quarry within Mt Ngongotaha Outstanding Natural Feature and Landscape where it minimises effects on the identified values and characteristics of the Kauae spur and its

flanks identified as areas A, B, C and Din Figure g.:1.

Policy 2.3.4.6 Recognise the benefit to be produced by continued extraction of the regionally significant mineral resource surrounding Henderson Quarry.

PART: RURAL

9.5 RULES

Table 9.5: Activities in the Rural Zones

.RLI~~ . /~' ,. f :Zones·

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Qut§tCif:l9ing.Natural Featur~s .al'}d LC)ridscapes .

I

ss. Earthworks within an outstanding natural feature or D D NA landscape not provided for under Appendix :10.

BsA Mining and quarrying associated with Henderson Quarry D NA NA within the Mount Ngongotaha Henderson Quarry Expansion Area including any planting associated with vegetation screening or rehabilitation outside of the Henderson Quarry Expansion Area

s5s Mining and quarrying associated with Henderson Quarry NC NA NA within the Mount Ngongotaha Outstanding Natural Feature and Landscape but outside the Mount Ngongotaha Henderson Quarry Expansion Area

86. Mining and Quarrying where the land to be mined or D NC NA quarried adjoins the boundary of an outstanding natural

I feature or landscape.

-. -,"lt·

f\!. OF .,

9.9

9.9.2

DISCRETIONARY ACTIVITIES: METHODS OF ASSESSMENT

Additional Assessment Criteria for Specific Activities

4· Additional Assessment Criteria for mining and quarrying within the Henderson Quarry

Expansion Area

I. Landscape and visual effects

The-effects of the proposed mining and quarrying on the Mount Ngongotaha

ONFL and its surrounding landscape, including the whole ofthe Kauae spur and

its flanks (labelled A, B, C, Din Figure g.~, including the following:

a. The effects on the overall integrity of the ONFL's factors, values and

associations identified in the Lake Rotorua Landscape Assessment,

June 20~0

b. The effects on landscape character

c. The effects on visual amenity including the extent and visibility of

quarrying on the wider visual catchment including but not limited to

, views from:

i. Rotorua CBD and lake front

ii. Eastern Rotorua lake shore

iii. The Cemetery and Marae on Henderson Road

iv. Ngongotaha Main Street; and

v. Mt Ngongotaha and its walkways.

d. The extent to which the proposed quarry_ development avoids and

remedies alteration to the Kauae spur and skyline ridge. This includes

the treatment of the externally visible quarry faces and any set back

areas surrounding the quarry.

e. The extent to which the quarry encroaches into and integrates with the

ONFL recognising expansion in a south westerly direction towards Area

A is preferable from a landscape perspective.

f. The extent of indigenous vegetation removal and its effect on the

aesthetic values of the ONFL and surrounding landscape.

g. The effectiveness of any avoidance, remediation and mitigation

measures proposed. These may include:

i. Consideration of the quarry extent, shape, orientation and

overburden treatment

ii. The scope and extent of proposed rehabilitation, including

earthworks and planting, where it maintains or enhances the

overall values of the ONFL and surrounding landscape.

iii. The extent to which the existing landform is maintained for

screening purposes, specifically within areas C and D, Figure

g.~.

II. The extent to which the quarry expansion recognises or adversely affects the

relationship of Maori with Mount Ngongotaha as an outstanding cultural

feature.

Ill. The extent to which the quarry expansion avoids, remedies or mitigates adverse

effects on the surrounding environment including, but not limited to, noise, light

and glare, vibration and traffic.

IV. The extent to which the quarry expansion shape, form and extent is constrained

by the functiona I and technical requirements of quarrying operations.

V. The adequacy of the landscape and visual assessment, management plans and

Cultural Impact Assessment required to be submitted with the application.

5· Information Requirements- Henderson Quarry

Any application for quarrying within the Henderson Quarry Expansion Area shall include

the following.

1. Landscape and Visual Assessment to address the matters set out in

assessment criteria g.g.2.4.l

2. Quarry Management Plan

A detailed Quarry Management Plan which addresses, but is not limited

to, the following:

a. Site layout and plans that show the area to be quarried, site contours,

the location of working faces, aggregate stockpiles, ancillary buildings,

lighting and internal and external transport paths.

b. Provision for the disposal and stockpiling of overburden, including the

location of areas used.

c. Procedures to reduce noise vibration and glare (from lights) and dust

levels on site and a procedure for any complaints.

d. Time period for quarrying operations including blasting.

e. Staging of quarrying development.

f. Measures to prevent stored soils and overburden being visually exposed

for long periods.

g. The location and management of any effects on sites of natural significance or cultural or heritage value.

h.

i.

j.

Implementation measures proposed to address recommendations identified in the Cultural Impact Assessment (CIA).

Provision of monitoring information to Council.

Consideration of a template for an Annual Management Plan which

shall include, but not be limited to the following:

i. The location and timing of both the earthworks and quarrying works

,.,., CtJU\',\

PLANNING MAPS

operations (including staging1 cuts and fills) for the coming year

including planned erosion1 stability and sediment control measures

ii. Evidence to confirm quarry works and operations undertaken within

the previous 12 months were undertaken within the Henderson

Quarry Expansion Area

iii. Details and information to confirm works and operations to be

undertaken within the next 12 months will be within the Henderson

Quarry Expansion Area

iv. Planned quarrying operations for the coming year including details

such as location and area of extraction of overburden and depth of

the quarry pit(s)i and

v. Planned disposal of material for the coming year within the

Overburden Disposal Area (OBDA) including location and area of

material and expected ground levels and contours of exposed

material.

3· Landscape Management and Maintenance Plan

4·

A Landscape Management and Maintenance Plan which addresses1 but is

not limited to1 the following:

a. Existing and proposed landscaping.

b. Provision for screening (natural or artificial) to reduce visual impacts

providing visual screening of visually intrusive features from public view

and to ensure it is maintained for the life span of the quarry.

c. Management and maintenance measures of all screen planting on site.

d. Measures to prevent stored soils and overburden being visually exposed

for long periods.

e. Any contingency methods to be employed in the event planting fails to

establishi and

f. Identify all planting detailing location1 species1 sizes and the extent of

mitigation.

Cultural Impact Assessment

A Cultural Impact Assessment (CIAt prepared in consultation with tangata

whenua for Mount Ngongotaha. The CIA shall include1 but not be limited to1

measures to address impacts on cultural landscape and other cultural values

affected by the quarry expansion.

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