appendix a management & monitoring plan - gw · appendix a management & monitoring plan ......

Resource Consent Application Karori Stream Main Outfall Pipeline Maintenance – Global Consent – August 2015

APPENDICES

APPENDIX A Management & Monitoring Plan

BOUND SEPARATELY

THIS PAGE IS INTENTIONALLY BLANK

THE MANAGEMENT AND MONITORING PLAN IS ATTACHED AS A SEPARATELY BOUND DOCUMENT


APPENDICES

APPENDIX B Computer Freehold Registers (Title Documents)

COMPUTER FREEHOLD REGISTERUNDER LAND TRANSFER ACT 1952

Limited as to Parcels

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Information last updated as at 02 Aug 2014

Identifier 489165Land Registration District WellingtonDate Issued 11 August 2009

Prior References

WN467/199

Type Fee SimpleArea 205.7359 hectares more or lessLegal Description Lot 2-3 Deposited Plan 422854

ProprietorsErin Go Bragh Limited

Appurtenant hereto is a right to convey water specified in Easement Certificate 086190.3 - 16.12.1975 at 9.06 am (affects part formerly Part Section 3 Makara District)6284339.1 Open Space Covenant pursuant to Section 22 Queen Elizabeth The Second National Trust Act 1977 - 21.1.2005 at 9:00 am (affects part formerly Part Sections 2 & 3 Makara District and Part Section 71 Terawhiti District)6980757.1 Open Space Covenant pursuant to Section 22 Queen Elizabeth The Second National Trust Act 1977 - 8.8.2006 at 9:00 am.(affrects part formerly Part Section 71 Terawhiti District and Part Section 96 BLK IX Port Nicholson Survey District)Subject to Section 241(2) Resource Management Act 1991 (affects DP 422854) If the above-mentioned land shall at any time be found to contain coal, the owner thereof for the time being shall pay to his Majesty the King or his successors, in respect of all coal raised or gotten out of the said land, a royalty of sixpence for every full ton of twenty hundredweight so raised or gotten. If the above-mentioned land shall at any time be found to contain gold or silver such land shall be subject in all respects to the provisions of the Mining Act 1908, but the value of the gold or silver shall not be taken into account in ascertaining or allowing compensation to the owner for the time being of the same (affects part formerly Part Section 96 Block IX Port Nicholson Survey District) 8482605.1 Mortgage to Michael Edward Warren, Janet Margaret Warren and Denis Michael Lander - 3.5.2010 at 9:19 am

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Cardno (NZ) Limited 36749

Level 5, IBM Building 25 Victoria Street Petone, Lower Hutt 5012 New Zealand P.O. Box 38098 Wellington Mail Centre Lower Hutt 5045 New Zealand Phone: 64 4 478 0342 www.cardno.com

Our Ref: NZ0114121 Contact: Chris Rodgers

13 October 2015

Ms Anna Hector Wellington Water [email protected] Dear Anna, WEST WELLINTON MAIN OUTFALL PIPELINE - LEGAL STATUS OF SOUTH MAKARA ROAD We understand that there has been some uncertainty surrounding the legal status of South Makara Road as depicted on Deposited Plan 5864. Thank you for your patience while we have sourced historical records with Archives New Zealand and Land Information New Zealand (LINZ) to provide some guidance on the matter. The outcome of our findings is unfortunately inconclusive. It is our opinion that South Makara Road has been legalised in two parts, west of the Karori Stream and then east of the Karori Stream, over its history. We have located documentation confirming the later legalisation, but only vague reference to legalisation of the earlier. We provide a basic summary of events as we understand them. The road corridor shown on DP 5864 (circa 1921) is annotated ‘Not a Public Road’. This plan however, does make reference to a Resolution 729149 (likely added retrospectively to the plan face). A copy of this document was sourced from LINZ and contains a chain of correspondence between the solicitors for a proposed claimant to the road corridor on the eastern side of the Karori Stream (Horokiwi Quarries Ltd.), the District Land Registrar (DLR) and the Hutt County Council. The pertinent items from this chain are summarised below.

¾ 15 August 1967 – Letter to the DLR from the solicitors for Horokiwi Quarries Ltd. advising that they have recently purchased land under Deed of Conveyance 152782. They note that “Parts of the surveyed road have been declared Crown Land, but the parts purchased by our client remain vested in the Guardian Trust and Executors Co. of NZ Ltd as trustee”. They request that the DLR bring the land in question under the Land Transfer Act 1952 and issue title.

mailto:[email protected]

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www.cardno.com

¾ 2 October 1967 - Letter to the Hutt County Council from the District Land Registrar advising that he has been asked to issue title to the eastern portions of the road corridor by Horokiwi Quarries Ltd. The DLR offers the Council the opportunity to legalise the road before he grants title to the applicant.

¾ 17 November 1967 – Letter to the District Land Registrar from the Hutt County Council County

Clerk advising that it wishes to legalise the portions of road on the eastern side of the Karori Stream which are at present ‘not legal’. Advised that a formal resolution of Council was passed to this effect.

Resolution 729149 refers to Deed Index 32/791 which therein records Conveyance 152783 dedicating the road on the eastern side of the stream. A footnote to this conveyance also records the resolution by the Council recognising the land in Conveyance 152782 as road. Reference is made in the Deed Index to Application 3749 (less road). We can determine no specific reference in this document to the legalisation of the western portions of the road corridor. It appears accepted by all parties at this point that the western portions were already legalised. To reinforce this, current Computer Freehold Registers (CFRs) and historic Certificates of Title on both sides of the Karori Stream depict the road corridor as excluded from the title. As we are surveyors not conveyancing solicitors, we strongly suggest that Council’s solicitors review our assessment of the situation and the attached supporting information to validate our opinion. We enclose copies of all searched titles and instruments for your solicitor’s interrogation. We note that the search copies of some of the historic documentation are of poor quality and in many cases illegible. Finally, our cursory review of aerial imagery in the area suggests that the location of the physical access, in many places does not align with the legal road corridor. If access to this area is critical to your project, we would suggest that the physical road is surveyed and legalised to secure enduring legal access into the future. If you have any queries or concerns regarding the content of this letter, please contact the writer. Kind regards,

Chris Rodgers Licensed Cadastral Surveyor For Cardno [email protected]

mailto:[email protected]

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www.cardno.com

Enclosed Documentation: Deeds Index 32/791 Resolution 729149 Conveyance 152782 Conveyance 152783 (Deeds Index 286/665) Application 3749 Deposited Plan 5864 B Plan 187

𝑊𝑒𝑠𝑡𝑒𝑟𝑛 𝑆𝑖𝑑𝑒 𝑜𝑓 𝑆𝑡𝑟𝑒𝑎𝑚

{

𝐶𝐹𝑅 321565CFR WN10B/306 (cancelled)

CT 425/69 (cancelled)CT C3/2 (cancelled)

CT 554/215 (cancelled)CT 341/240 (cancelled)CT 187/205 (cancelled)CT 64/275 (cancelled)

𝐸𝑎𝑠𝑡𝑒𝑟𝑛 𝑆𝑖𝑑𝑒 𝑜𝑓 𝑆𝑡𝑟𝑒𝑎𝑚

{

𝐶𝐹𝑅 500777

CFR 453966 (cancelled)CFR 267890 (cancelled)

CT WN50B/1000 (cancelled)CT 42D/666 (cancelled)CT 42D/667 (cancelled)CT 424/277 (cancelled)CT 164/242 (cancelled)𝐶𝑇 141/271 (𝑐𝑎𝑛𝑐𝑒𝑙𝑙𝑒𝑑)

ProprietorsClement Stephen Griffiths and Patricia Anne Griffiths

Estate Fee SimpleArea 37.3150 hectares more or lessLegal Description Lot 2 Deposited Plan 414390

Interests8318069.3 Encumbrance to Meridian Energy Limited - 6.11.2009 at 2:33 pmSubject to a right of way, right to convey electricity, telecommunications and computer media over part markedA DP 414390 created by Easement Instrument 8318069.6 - 6.11.2009 at 2:33 pmAppurtenant hereto is a right of way, right to convey electricity, telecommunications and computer mediacreated by Easement Instrument 8318069.6 - 6.11.2009 at 2:33 pmSome of the easements created by Easement Instrument 8318069.6 are subject to Section 243 (a) ResourceManagement Act 1991 (See DP 414390)Land Covenant in Easement Instrument 8318069.8 - 6.11.2009 at 2:33 pm8318069.9 Conservation Covenant pursuant to Section 77 Reserves Act 1977 - 6.11.2009 at 2:33 pm8318069.11 Consent Notice pursuant to Section 221 Resource Management Act 1991 - 6.11.2009 at 2:33 pmLand Covenant in Easement Instrument 8362482.1 - 3.12.2009 at 3:54 pm8444599.3 Surrender of the right of way marked D on DP 414390 created by Easement Instrument 8318069.6 -14.12.2012 at 2:30 pm

Identifier

Guaranteed Search Copy issued under Section 172Aof the Land Transfer Act 1952

Land Registration DistrictDate Issued 06 November 2009

Wellington

COMPUTER FREEHOLD REGISTERUNDER LAND TRANSFER ACT 1952

453964

Prior References267890 WN42D/665

Transaction IdClient Reference edangerfiel001

Guaranteed Search Copy Dated 16/06/14 10:13 am, Page 1 of 18Register Only

Identifier 453964




APPENDICES

APPENDIX C Copy of Figures 1-2 and 1-3 (Summary Access Plan & Ownership Plan)

TITLEDATA STATEMENT

Cadastral information derived from Land Information New Zealand's Landonline Cadastral Database. CROWN COPYRIGHT RESERVED.

Property boundaries may not be survey-accurate, and can only be verified by a licensed cadastral surveyor.

Assets, contours, water and drainageinformation shown is approximate and must not be used for detailed engineering design.

Other data has been compiled from a variety of sources and its accuracy may vary.

Capacity cannot guarantee the completeness of the information displayed.

Colour Orthophotography:HCC area © HCC and NZAM Ltd 2008WCC area © WCC 2009/2011UHCC area © UHCC and NZAM Ltd 2008

This map is drawn on the New ZealandTransverse Mercator projection, usingNew Zealand Geodetic Datum 2000.

0 160 320 480 640 800m

1:28,630SCALE

±South Makara Rd

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Access to WCC's Western Wastewater Treatment Plant Main Outfall Pipeline

WWTP

Walking AccessOnly Upstream

!

VehicleAccess

Tunnel

Pipe Bridge #2

Flow Meter

!

Pipe Bridge #1

!

Outfall

Land OwnerClement Stephen,Griffiths, Patricia Anne Griffiths

Erin Go Bragh Ltd

New Zealand Forestry Group Ltd

Philip Charles Avins

Terawhiti Farming Company Ltd

The Wellington City Council

LegendWWTP main Outfall (MOP)

Registered land Owners Legal Description AddressWellington City Council Section 1 SO 37211 South Karori RoadErin Go Bragh Limited Lots 2 & 3 DP 422854 509 South Makara RoadC S & P A Griffiths Lot 2 DP 414390 555, 567 South Makara RoadP C Avins Lot 1 DP 83901 541, 552 South Makara RoadNZ Forestry Group Limited(Kinnoull Station)

lots 1, 16 & 20 DP 414390, Lots 3 - 12 DP 425554, Lots 13 &14 DP 366070

588 South Makara Road

Terawhiti FarmingCompany Limited

Secs 4 & 17 & Secs 13, 14, 15, 19, 33 & 50 Terawhiti District, Lot 3 DP 5864

1079 South Makara Road

!

!

!

Pipe Bridge

!

fig 1.4

fig 1.5

fig 1.8

fig 1.10

fig 1.7


APPENDICES

APPENDIX D Suggested Conditions

Appendix D – Suggested Consent Conditions for Stream Works

The following conditions are suggested by the applicant to provide certainty that the matters required to be addressed under the Regional Freshwater Plan are covered in a way that can be monitored and enforce, and therefore achieve the purpose of the Resource Management Act or the freshwater environment of the Karori Stream. The relevant matters relating to stream works the subject of this application include: • Methodology (description of process involved to suit stream works and location of

works, covering diversions, construction of access platforms, fords etc); • Measures for reducing the effects on water quality (minimisation of sedimentation and

increased turbidity, release of contaminants from working machinery, fuel spills); • Protection of the habitat of freshwater fish (including avoiding peak migration period

of indigenous species and relocating stranded fish, fish rescue methodology); • Avoidance and remedy of erosion and scour; • Keeping records (inspections, observations, complaints, reporting); • Discovery of artefacts. The proposed Management and Monitoring Plan (MMP) at Appendix A of the Global Consent Application has been prepared to cover all of the above matters, and provide a mechanism for advising the Regional Council in advance of specific works so a works programme and specific methodology could be approved by the Council in a timely manner prior to works commencing. Amendments to the MMP would also be made possible via this process, as they become necessary. Therefore the separate conditions normally imposed by the Regional Council for stream works are not necessary. We have suggested a condition that requires compliance with the MMP, and that it be available on demand when working on site, as well as some additional conditions covering reporting and review. Management and Monitoring Plan

x. The consent holder shall undertake the works in accordance with the appropriate methodologies for the nature of works involved set out within the approved Management and Monitoring Plan (MMP), dated [enter date] provided with the consent application.

A copy of the MMP shall be made available to all parties undertaking works under this consent, and shall be held on site at all times and made available on demand by a Wellington Regional Council officer.

If any changes are proposed to any part of the MMP (e.g. to suit circumstances not anticipated in the approved MMP), the consent holder shall provide details of an alternative methodology that has been prepared in consultation with the contractor undertaking the works to the Manager, Environmental Regulation, Wellington Regional Council prior to the works commencing. No works shall commence until the consent holder has received written notification that the alternative methodology] is to the satisfaction of the Manager, Environmental Regulation, Wellington Regional Council.

Approved alternative methodologies are to be filed with the MMP. Note: Alternative methodology can be emailed to [email protected].

Photographic Record on Completion of Works x. The consent holder shall compile photographic records of the area of works authorised by

this consent. These photographic records shall include, but not be limited to, photographs of the following items:

a) The location of the proposed works: incorporating the works area and the stretches

of the river/stream that may be affected by the works (ie, prior to the works commencing)

b) The site during the works: incorporating the works area and stretches of the

river/stream identified in (a); and c) The site immediately upon the completion of the works (within one week):

incorporating the works area and stretches of the river/stream identified in (a)

The photographic record of items identified in (a), (b) and (c) shall be submitted to the Manager, Environmental Regulation, Wellington Regional Council as soon as possible but within one week of the photographs being taken. All submitted photographs shall include:

• The date the photographs were taken • The time the photographs were taken • A description of the site location (eg, map reference, address) of where the photograph

was taken, and • A description of what aspect of the works the photograph relates to

The photographs and details shall be to the satisfaction of the Manager, Environmental Regulation, Wellington Regional Council. Note 1: The photographic record should demonstrate compliance with the conditions of this consent and is inaddition to the record keeping set out in the approved MMP for reporting duties under other consents. However, the same images may be used in those other reports. Note 2: Photographic records, ie, electronic picture files from digital cameras can be emailed to [email protected]. Please include the consent number [enter consent number] date and time photographs were taken and a description of the site location (eg, map reference, address).

Complaints x. The consent holder shall maintain a permanent record of any complaints received alleging

adverse effects from or related to the works. This record shall include:

• The name and address of the complainant (if provided) • The date and time that the complaint was received • Details of the alleged event • Weather conditions at the time of the complaint, and • Any measures taken to mitigate/remedy the cause of the complaint

This record shall be made available to the Manager, Environmental Regulation, Wellington Regional Council, on request.

Review condition x. The Wellington Regional Council may review any or all conditions of this consent by

giving notice of its intention to do so pursuant to section 128 of the Resource Management Act 1991, at any time [insert timeframes] for the duration of this consent, for the following purposes:

a) To review the adequacy of any report and/or monitoring requirements, and if

necessary, amend these requirements outlined in this consent b) To deal with any adverse effects on the environment that may arise from the

exercise of this consent; and which are appropriate to deal with at a later stage c) To enable consistency with any relevant Regional Plans or any National

Environmental Standards or Regulations

The review of conditions shall allow for the deletion or amendment of conditions of this consent; and the addition of such new conditions as are shown to be necessary to avoid, remedy or mitigate any significant adverse effects on the environment.

Notes: x. A resource management charge, set in accordance with section 36(2) of the Resource

Management Act 1991 shall be paid to the Regional Council for the carrying out of its functions in relation to the administration, monitoring, and supervision of resource consents and for the carrying out of its functions under section 35 (duty to gather information, monitor, and keep records) of the Act.

x. The Wellington Regional Council shall be entitled to recover from the consent holder the

costs of any review, calculated in accordance with and limited to the Council’s scale of

charges in force and applicable at that time pursuant to section 36 of the Resource Management Act 1991.

Advice note (placed under condition 1 of the consent) Please note that the granting of this resource consent does not provide you with the right to access private properties. Landowner entry requirements need to be gained and be in place before you may exercise this consent.


APPENDICES

APPENDIX E Consultation Information