93
1 PROPOSED DESIGNATION CONDITIONS: REPLY VERSION Key to Amendments to Proposed Designation Conditions The following sets out a key to the various colours used to indicate amendments to the proposed conditions. NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’ 1 amendments made by evidence in chief, in response to matters raised in submissions and by the NZ Transport Agency’s response to the Council’s request for further information made under section 92 of the RMA are shown in blue; amendments made by addendum evidence, in response to submissions, expert w itness conferencing and the NZ Transport Agency’s response to questions set out in the Fifth Minute of the Hearing Panel are shown in green; amendments made in response to matters raised over the duration of the hearing (and as indicated in the Table provided to the Hearing Panel on 28 March 2019) are shown in red; amendments made in response to further matters raised over the duration of the hearing and as an outcome of further discussions with parties are shown in purple. Changes proposed by NZTA post lodgement of the NOR – blue Changes proposed by s42A reporting team and attached as addendum to the s42A Planning Report (01 March 2019) – green Changes recommended by s42A reporting team in response to Panel Questions (14 March 2019) - orange Amendments made in response to matters raised over the duration of the hearing, including amendments proposed by NZTA or in response to questions from the Panel – red Definitions and Abbreviations The following table includes a list of abbreviations and defined terms that are specifically used in the proposed designation conditions. ABBREVIATION/TERM/ ACRONYM TERM/DEFINITION MATTERS OF DIFFERENCE NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’ AgResearch AgResearch Limited Nil BS British Standard Nil BSMP Ballantrae Research Station Management Plan Nil 1 As set out in the S42A Reporting Team ‘condition set’ provided on 7 April 2019.

PROPOSED DESIGNATION CONDITIONS: REPLY VERSION...support, and as a consequence of, the S42A Officers’ Proposed Conditions 1C and 1D. The Transport Agency does not propose the same

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1

PROPOSED DESIGNATION CONDITIONS: REPLY VERSION

Key to Amendments to Proposed Designation Conditions

The following sets out a key to the various colours used to indicate amendments to the proposed conditions.

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’1

amendments made by evidence in chief, in response to matters raised in

submissions and by the NZ Transport Agency’s response to the

Council’s request for further information made under section 92 of the

RMA are shown in blue;

amendments made by addendum evidence, in response to submissions,

expert w itness conferencing and the NZ Transport Agency’s response to

questions set out in the Fifth Minute of the Hearing Panel are shown in

green;

amendments made in response to matters raised over the duration of

the hearing (and as indicated in the Table provided to the Hearing Panel

on 28 March 2019) are shown in red;

amendments made in response to further matters raised over the

duration of the hearing and as an outcome of further discussions w ith

parties are shown in purple.

Changes proposed by NZTA post lodgement of the NOR – blue

Changes proposed by s42A reporting team and attached as addendum

to the s42A Planning Report (01 March 2019) – green

Changes recommended by s42A reporting team in response to Panel

Questions (14 March 2019) - orange

Amendments made in response to matters raised over the duration of

the hearing, including amendments proposed by NZTA or in response to

questions from the Panel – red

Definitions and Abbreviations

The following table includes a list of abbreviations and defined terms that are specifically used in the proposed designation conditions.

ABBREVIATION/TERM/

ACRONYM

TERM/DEFINITION MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

AgResearch AgResearch Limited Nil

BS British Standard Nil

BSMP Ballantrae Research Station Management Plan Nil

1

As set out in the S42A Reporting Team ‘condition set’ provided on 7 April 2019.

2

ABBREVIATION/TERM/

ACRONYM

TERM/DEFINITION MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

CEDF Te Ahu a Turanga Cultural and Environmental Design Framework Nil

CEMP Construction Environmental Management Plan Nil

CH./Chainage A distance measured along a straight line. For this Project, chainage is measured in metres and

starts from the western extent of the Project.

Nil

CNVMP Construction Noise and Vibration Management Plan Nil

Construction means activities undertaken to construct the Project, excluding enabling works, and including:

- ground improvement works;

- temporary and permanent drainage installation;

- bulk earthworks (including cut and fill activities);

- bridge and tunnel construction;

- pavements and surfacing;

- site reinstatement;

- landscaping; and

- installation of permanent road furniture and ancillary works.

Nil

Council/s means Palmerston North City Council, Manawatū District Council or Tararua District Council. Nil

CTMP Construction Traffic Management Plan Nil

dB Decibel Nil

District Plan means Palmerston North City District Plan, Manawatū District Plan or Tararua District Plan. Nil

ECDF Te Ahu a Turanga Environmental and Cultural Design Framework Nil

ECR Environmental compensation ratio Nil

EMP Ecological Management Plan Nil

Enabling works means preliminary activities, including such things as pre-construction site investigations

(including access for such investigations); site establishment activities; site and property access

formation; ecological surveys and any necessary relocations; any necessary reconfiguration of

the Te Āpiti w ind farm and other utilities infrastructure; vegetation removal and vegetation

protection; and the establishment of erosion and sediment control measures.

Nil

First Gas First Gas Limited Nil

3

ABBREVIATION/TERM/

ACRONYM

TERM/DEFINITION MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Frame site/s field research measurement sites at the

Ballantrae Station site.

- A new definition introduced to

support further amendments

to Conditions 5(e)(iv) and T3.

ha hectares Nil

Horizons Manawatū Whanganui Regional Council, also known as Horizons Regional Council Nil

Kiw iRail Kiw iRail Holdings Limited Nil

km Kilometre Nil

LAeq( 15min)

Time-average sound level over a 15 minute hour period, measured in dB Nil

LAeq( 24h)

Time-average sound level over a twenty-four hour period, measured in dB Nil

LAFmax

Maximum sound level, measured in dB Nil

LMP Landscape Management Plan Nil

m metres Nil

MDC Manawatū District Council Nil

Meridian Meridian Energy Limited Nil

MGSR Manawatū Gorge Scenic Reserve Nil

MGSR Western Car Park

Construction Plan

The car park located on the western boundary of the Manawatū Gorge Scenic Reserve Car Park

Construction Management and Reinstatement Plan

Description of the car park

adjusted to reflect fact that it

has no current proper name

and is not part of the

Manawatū Gorge Scenic

Reserve, being on land owned

by the Transport Agency and

Mr Tom Shannon.

MGSR Western Car Park

Reinstatement Plan

The car park located on the western boundary of the Manawatū Gorge Scenic Reserve Car Park

Reinstatement Plan

As above.

mm/s Millimetres per second Nil

4

ABBREVIATION/TERM/

ACRONYM

TERM/DEFINITION MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

NGMP National Grid Management Plan - A new acronym included as a

consequence of the Transport

Agency’s response to

Transpower’s letter to the

Hearing Panel dated 5 April

2019.

National Trust QEII National Trust Nil

NESETA Resource Management (National

Environmental Standards for Electricity

Transmission Activities) Regulations 2009

- Deleted as no reference is

made to either National

Environmental Standard in the

Proposed Conditions.

NES Soil Resource Management (National

Environmental Standard for Assessment and

Managing Contaminations in Soil to Protect

Human Health) Regulations 2011

-

NIP Network Integration Plan Nil

NoRs Notices of Requirement for a Designation - Deleted as the term is not used

in the Proposed Conditions.

NZECP 34:2001 New Zealand Electrical Code of Practice for Electrical Safe Distances Nil

NZS New Zealand Standard Nil

NZ Transport Agency New Zealand Transport Agency Nil

PNCC Palmerston North City Council Nil

PPFs Protected premises and facilities Nil

Project Te Ahu a Turanga; Manawatū Tararua Highway Project Nil

Project Iw i Partners Rangitāne o Manawatū, Rangitāne o Tamaki Nui-ā -Rua, Ngāti Kahungunu ki Tāmaki Nui-ā -Rua,

Ngāti Raukawa

Nil

QEII Trust Queen Elizabeth the Second National Trust, also know as the QEII National Trust. Nil

Requiring Authority has the same meaning as section 166 of the RMA and, in the case of the NoR, is the NZ

Transport Agency.

Nil

5

ABBREVIATION/TERM/

ACRONYM

TERM/DEFINITION MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Responsible officer - For Manawatū District Council: the Chief

Executive Officer (“CEO”) or their nominee

For Palmerston North City Council: the Chief

Executive Officer (“CEO”) or their nominee

For Tararua District Council: the Chief

Executive Officer (“CEO”) or their nominee

Or such other person that has been delegated

by one or more Territorial Authority as a

Responsible Officer for the purposes of this

Designation.

This definition is included to

support, and as a consequence

of, the S42A Officers’ Proposed

Conditions 1C and 1D. The

Transport Agency does not

propose the same Conditions

1C and 1D.

RMA Resource Management Act 1991 Nil

Management plan

confirmation

- Written confirmation from the relevant

Territorial Authority/ies that a management

plan submitted by the Requiring Authority:

a) has been prepared in accordance with the

condition requiring the management plan,

and

b) meets the requirements of any other

conditions that are applicable, and

c) is consistent w ith any previously confirmed

management plans that relate to the same

works or activities.

This definition is included to

support, and as a consequence

of, the S42A Officers’ Proposed

Conditions 1C and 1D. The

Transport Agency does not

propose the same Conditions

1C and 1D.

TDC Tararua District Council Nil

Transpower Transpower New Zealand Limited Nil

TWVMMP Tangata Whenua Values Monitoring and Management Plan Nil

WFMP Wind Farm Management Plan Nil

6

Construction Conditions (common to all jurisdictions)

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

General and Administ ration

1. General

a) Except as modified by the conditions below , and

subject to detailed design and accompanying outline

plan/s, the Project must be undertaken in general

accordance with the follow ing information provided

in ‘Te Ahu a Turanga; Manawatū Tararua Highway

Project, Notices of Requirement for Designations’,

dated 31 October 2018:

i. Volume 2: Assessment of Effects on the

Environment and Supporting Material Parts A to

G;

ii. Volume 2: Part J, Appendix Two – ‘Te Ahu a

Turanga Cultural and Environmental and Cultural

Design Framework (Preliminary Urban and

Landscape Design Framework)’;

iii. Volume 2: Part J, Appendix Three – Preliminary

Design Philosophy Report;

iiiv. Volume 2: Part J, Appendix Four – Bridge and

Retaining Wall Design Philosophy Report;

iv. Volume 4, Plans and Draw ings:

A. Land Requirement Plans LR-00 to LR-11;

B. Designation Plans D-00 to D-10.

b) In addition to the matters set out in clause (a), the

Project must be undertaken in general accordance

with the ‘Te Ahu a Turanga; Manawatū Tararua

Highway Project Cultural and Environmental Design

Framework’ dated [insert date of NZTA Reply

version] and including any updates undertaken

under Condition 5(d)(iii);

General

a) Except as modified by the conditions below , and

subject to detailed design and accompanying outline

plan/s, the Project must be undertaken in general

accordance with the follow ing information provided

in ‘Te Ahu a Turanga; Manawatu Tararua Highway

Project, Notices of Requirement for Designations’,

dated 31 October 2018:

i. Volume 2: Assessment of Effects on the

Environment and Supporting Material Parts A to

G, sections 37 to 38 in Part H, Part I;

ii. Volume 2: Part J, Appendix Two – ‘Te Ahu a

Turanga Cultural and Environmental and

Cultural Design Framework (Preliminary Urban

and Landscape Design Framework)’;

iii. Volume 2: Part J, Appendix Three – Preliminary

Design Philosophy Report;

iv. Volume 2: Part J, Appendix Four – Bridge and

Retaining Wall Design Philosophy Report;

v. Volume 3, Technical Assessments;

vi. Volume 4, Plans and Draw ings:

A. Land Requirement Plans LR-00 to LR-11;

B. Designation Plans D-00 to D-10;

C. Indicative Alignment plans A-00 to A-11,

Structures Plans SP-01 to SP-04,

Longitudinal and Cross-Sections LC-01 – LC-

12, Noise Plans N-01 to N-12, Landscape

and Visual Assessments LVA-01 to LVA-10

in so far as they are relied upon in any of

The S42A Officers’ version

includes the follow ing further

matters in the ‘general

accordance’ Condition 1:

- the explanatory text and the

statutory assessment of the

Project (in Parts H and I of

Volume 2 of the NoR

documentation);

- the technical assessments of

effects of the Project in Volume

3 of the NoR documentation;

- the ‘indicative only’ alignment

plans A-00 to A-11;

- Further information provided.

Adding a stipulation that the

Project be constructed in

general accordance with those

materials could inadvertently

cause confusion, and constrain

design solutions, particularly

where those materials (plans

and technical reports):

- refer to ‘indicative’ design

information, in cases where

flexibility is sought through the

NoRs;

- provide an assessment of an

indicative design(s) in order to

establish acceptable effects

7

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

c) Where there is inconsistency between the

documents listed above and the requirements of

these conditions, these conditions prevail.

the Technical Assessments and

recommendations in Volumes 2 and 3;

vii. The further information in the letter dated 15

January 2019, which was in response to the s92

further information request;

viii. [Any further information that is provided during

the Hearing].

b) Where there is inconsistency between the documents

listed above and the requirements of these

conditions, these conditions prevail.

envelopes and management

plans and thus are not designs

to which the Agency should now

be held; and/or

- analyse potential designs that

are no longer feasible, in

accordance with the proposed

conditions. This is the case for

earlier indicative designs that

would have had additional

adverse effects on significant

indigenous vegetation at

CH4000-4400, discussed in

some of the technical

assessments in Volume 3 of the

NoR documentation.

1B - Compliance with outline plans and management

plans

The Project shall be undertaken in accordance with any:

a) approved outline plan/s; and

confirmed technically certified management plan/s,

including any plan/s that form part of an approved

outline plan, that is required by conditions [10, 12,

13A, 14, 15, 16, 16A, 21, 22, 23, 29A list of

conditions that require a management plan, including

the conditions requiring a Community Engagement

Plan].

The Transport Agency does not

include an equivalent proposed

condition, as these are legal

requirements imposed

elsewhere in the proposed

conditions or by the RMA.

1C - Technical Certification Confirmation process

a) When the Requiring Authority is required to submit

a management plan or other document for

confirmation technical certification as required by a

condition of this designation, the management plan

must be submitted to the Responsible officer of the

respective territorial authority/ies in electronic and

The S42A Officers’ version

includes a

certification/confirmation

process in proposed condition

1C and 1D. These conditions

relates to the range of

8

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

hard copy form at least [xx]20 working days (or

such other time specified in the relevant condition)

prior to the commencement of the works to which

the management plan relates.

b) The confirmation technical certification w ill confirm

that the management plan or plans meets the

requirements of the relevant condition. Works shall

not commence until the Requiring Authority has

received the Responsible officer’s written

confirmation certification.

c) If the Requiring Authority has not received a

response from the Responsible officer/s w ithin 15

working days of submitting the management plan,

the Requiring Authority w ill issue written notice to

the territorial authority that it has not received a

response. If a response is not received from the

[responsible officer] w ithin 105 working days after

the written notice is received by the territorial

authority, the management plan must be submitted

as part of a relevant outline plan deemed to have

confirmation certification and works can

commence.

d) If the [responsible officer/s] consider that they are

not able to confirm certify the management plan

they w ill provide the Requiring Authority w ith

reasons and recommendations for changes to the

management plan in writing. The Requiring

Authority must consider the reasons and

recommendations and either resubmit the

management plan w ith any amendments for

confirmation certification w ithin 5 working days or

submit it a relevant outline plan as part of such

other timeframe as agreed w ith the Responsible

officer.

management plans that make

up the CEMP.

The Transport Agency version,

in Condition 10, provides for a

pre-submission review of the

draft management plans to be

undertaken by Councils.

9

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

e) The Requiring Authority shall implement and comply

w ith the [management plan] for the duration of the

Construction Works.

1D - Cert ification Confirmation of amendments to

management plan/s or other documents

a) A confirmed Where a management plan may be

amended at the request of the Requiring Authority

at any time. or other document that has been

technically certified confirmed in accordance with

Condition 1C requires amendment, t The amended

management plan or other document must be

submitted to the Responsible officer of the

respective territorial authority/ies at least 10

working days prior to the commencement of the

works to which the amendment to the management

plan relates.

b) Certification Confirmation of an amended

management plan shall be undertaken in accordance

w ith Condition 1C.

2. Post -construction review of designation width

As soon as practicable follow ing completion of

construction of the Project, the Requiring Authority

must:

a) review the w idth of the area designated for the

Project;

b) identify any areas of designated land that are no

longer necessary for the on-going operation,

maintenance of the State Highway or for on-going

measures to mitigate, or offset or compensate for

adverse effects of the Project, and including the

Ramarama Protection Area identified on Figure B in

the Statement of Evidence of Dr Adam Forbes (dated

8 March 2019); and

Post -construction review of designation width

As soon as practicable follow ing completion of

construction of the Project, the Requiring Authority

must:

a) review the w idth of the area designated for the

Project;

b) identify any areas of designated land that are no

longer necessary for the on-going operation,

maintenance of the State Highway or for on-going

measures to mitigatione, or offsetting or

compensation measures that are required to address

adverse effects of the Project, and including the

Ramarama Protection Area identified on Figure B in

the Statement of Evidence of Dr Adam Forbes (dated

8 March 2019); and

No material difference.

Clause (c) differs in expression

of section 182 of the RMA only.

10

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

c) give notice to the Council/s in accordance with

section 182 of the RMA that seeking the removal of

those parts of the designation identified in (b) above

are no longer wanted.

c) give notice to the Council/s in accordance with

section 182 of the RMA requesting seeking the

removal of those parts of the designation identified

in (b) above.

3. Post -construction removal of conditions

The follow ing conditions relate to the construction of

the Project and only apply to construction activities,

such that, once construction of the Project is complete

these conditions w ill no longer apply and can be

removed as part of any subsequent District Plan review :

a) Conditions 1 to 26AB;

b) Conditions M1 and M2;

c) Conditions PN1, PN2 and PN2A; and

d) Conditions T1, T2 and to T4.

For the avoidance of doubt, none of these conditions

prevent or apply to works required for the ongoing

operation or maintenance of the State Highway within

the designation where the provisions of section 176A of

the RMA apply.

Post -construction removal of conditions

The follow ing conditions relate to the construction of

the Project and only apply to construction activities,

such that, once construction of the Project is complete

these conditions w ill no longer apply and can be

removed as part of any subsequent District Plan review :

a) Conditions 1 to 26AB;

b) Conditions M1 and M2,

c) Conditions PN1, PN2 and PN2A; and

d) Conditions T1, T2 and to T4.

For the avoidance of doubt, none of these conditions

prevent or apply to works required for the ongoing

operation or maintenance of the State Highway within

the designation where the provisions of section 176A of

the RMA apply.

Advice note: On completion of construction there may

be management plans, including those relating to

planting and habitat maintenance, that require ongoing

implementation and review . Any changes or deletions to

the conditions must account for those ongoing

obligations.

The S42A Officers’ version

includes an advice note in

relation to management plan

obligations. Both versions

address this through Condition

31.

The S42A Officers’ version

notes:

“This condition needs to be

reviewed once other conditions

are settled. As a minimum, we

consider that Condition 1 should

not be removed in its entirety."

The advice note is not proposed

as the merits of removing the

conditions can be considered at

the time of the District Plan

Review .

4. Lapse period

The designation shall lapse if not given effect to w ithin 10 years from the date on which it is included in a District

Plan under section 175 of the RMA.

Nil

Out line Plan or Out line Plans

5A. Out line plan or outline plans (enabling works)

a) An outline plan or plans must be prepared and

submitted to the relevant Council, in accordance

Out line plan or outline plans (enabling works)

a) An outline plan or plans must be prepared and

submitted to the relevant Council, in accordance with

The S42A Officers’ version

deletes the exclusion of

permitted activities from the

11

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

with section 176A of the RMA, for enabling works

that are not otherw ise a permitted activity pursuant

to the relevant District Plan (unless the requirement

is waived by the territorial authority);

b) In addition to the matters required by section 176A

of the RMA, an outline plan or plans must

demonstrate how the matters listed in condition 5(e)

are achieved;

c) The outline plan or plans must address matters

listed in Condition 10(c) and Condition 23(c) to the

extent that those matters are relevant to the works

described in the outline plan;

cd) The outline plan w ill not cover reinstatement of any

non-permanent works and those details w ill be

covered by the Outline Plan (permanent construction

works);

de) Tthe follow ing conditions are also relevant to the

content of an outline plan or plans for enabling

works:

i. Condition PN1: Outline plan – Parahaki

Island;

ii. Condition M1: Outline plan – Tararua High

Pressure Gas Transmission Pipeline;

iii. Condition M2: Outline plan – Palmerston

North to Gisborne Rail Corridor;

iv. Condition T1: Outline plan – Te Āpiti Wind

Farm;

v. Condition T2: Outline plan – Mangamaire –

Woodville A 110kV National Grid

transmission line;

vi. Condition T3: Outline plan – Ballantrae

Farm Research Station; and

section 176A of the RMA, for enabling works that are

not otherw ise a permitted activity pursuant to the

relevant District Plan, or if unless the requirement is

waived by the territorial authority.;

b) In addition to the matters required by section 176A

of the RMA, an outline plan or plans must:

(i) demonstrate how the matters listed in condition

5(e) are achieved; and

(ii) include the matters identified in 5(c)(i) to (iv) (as

relevant to the particular design or construction

matters being addressed).

c) The outline plan w ill not cover reinstatement of any

non-permanent works and those details w ill be

covered by the Outline Plan (permanent construction

works);

d) the follow ing conditions are also relevant to the

content of An outline plan or plans for enabling

works must comply w ith the follow ing conditions:

i. Condition PN1: Outline plan – Parahaki

Island;

ii. Condition M1: Outline plan – Tararua

High Pressure Gas Transmission

Pipeline;

iii. Condition M2: Outline plan – Palmerston

North to Gisborne Rail Corridor;

iv. Condition T1: Outline plan – Te A piti

Wind Farm;

v. Condition T2: Outline plan –

Mangamaire – Woodville A 110kV

National Grid transmission line;

vi. Condition 5D – Works w ithin the long

term grazing trial site at Ballantrae

Country Research Station Condition T3:

outline plan process in clause

(a).

The S42A Officers’ version

requires, through proposed

clause (b)(ii), that management

plans be prepared for inclusion

in the outline plan/s for

enabling works. The Transport

Agency version, in proposed

clause (c), extends particular

CEMP and TWVMMP matters to

the management of enabling

works activities. This clause is

duplicated as (e) in the S42A

Officers’ version.

The S42A Officers’ version

includes an advice note that

Condition 5 applies to enabling

works. The Transport Agency

version does not intend this to

be the case; rather, enabling

works must demonstrate how

the matters listed in condition

5(e) are achieved. It is not

appropriate for full

management plans to be

prepared for enabling work

which w ill be small scale /

minor works.

12

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

vii. Condition T4: Outline plan – QEII National

Trust open space covenants.

Outline plan – Ballantrae Farm Research

Station; and

vii. Condition T4: Outline plan – QEII

National Trust open space covenants.

e) The outline plan or plans must address matters listed

in Condition 10(c) and Condition 23(c) to the extent

that those matters are relevant to the works

described in the outline plan;

Advice note: For the avoidance of doubt, this condition

cross-references to components of Condition 5 to

minimise repetition. The content of Condition 5 should

be applied to construction works and enabling works as

relevant, and should not be deemed to only apply to

construction works because of their location in

Condition 5.

Management Plans for enabling works

For enabling works that are part of the designation, the

management plans required by Condition 5A must be

prepared and confirmed technically certified by the

relevant Territorial Authority at least 10 working days

before the enabling works commence.

The S42A Officers’ version

requires a confirmation process

for management plans for

enabling works. The Transport

Agency version (as set out

above), provides for the

management of enabling works

directly in the outline plan/s.

This Condition is numbered 1B

in the Section 42A Officers’

version.

5. Out line plan or outline plans (permanent

construction works)

a) An outline plan or plans must be prepared and

submitted to the relevant Council in accordance with

section 176A of the RMA.

Out line plan or outline plan (permanent construction

works)

a) An outline plan or plans must be prepared and

submitted to the relevant Council in accordance with

section 176A of the RMA.

b) The outline plan or plans required by a) may be

submitted for the entire Project or one or more

sections or locations (including those listed in 5(d))

The Section 42A Officers’

version lists a range of further

matters to be included in

outline plan/s (clause (c)(xi) to

(xiv). The design matters are a

general requirement of section

176A of the RMA and the

requirements of proposed

13

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

b) The outline plan or plans may be submitted in part

or in stages to address particular design or

construction aspects or stages of the Project.

c) The follow ing must be included in an outline plan or

plans (as relevant to the particular design or

construction matters being addressed):

i. a Communications Plan prepared in accordance

w ith Condition 7.

ii. a Construction Environmental Management Plan

(“CEMP”) prepared in accordance with Condition

10 that includes:

A. a Construction Traffic Management Plan

(“CTMP”) prepared in accordance with

Condition 22;

B. a Construction Noise and Vibration

Management Plan (“CNVMP”) prepared in

accordance with Condition 21;

C. a Tangata Whenua Values Monitoring and

Management Plan (“TWVMMP”) prepared in

accordance with Condition 23;

D. a Ecological Management Plan (“EMP”)

prepared in accordance with Condition 17

and including:

a ‘Bat Management Plan’ (Condition 15);

a ‘Lizard Management Plan’ (Condition

14); and

an ‘Avifauna Management Plan’

(Condition 16); and

a ‘Terrestrial Invertebrates

Management Plan’ (Condition 16A).

E. a Landscape Management Plan (“LMP”)

prepared in accordance with Condition

12; and

of the works. in part or in stages to address

particular design or construction aspects or stages of

the Project.

c) The follow ing must be included in each an outline

plan or plans where they are relevant to the works or

location to which the outline plan relates: (as

relevant to the particular design or construction

matters being addressed):

i. a Communications Plan prepared in accordance

w ith Condition 7.

ii. a Construction Environmental Management Plan

(“CEMP”) prepared in accordance with Condition

10 that includes:

A. a Construction Traffic Management Plan

(“CTMP”) prepared in accordance with

Condition 22;

B. a Construction Noise and Vibration

Management Plan (“CNVMP”) prepared in

accordance with Condition 21;

C. a Tangata Whenua Values Monitoring and

Management Plan (“TVMMP”) prepared in

accordance with Condition 23;

D. a Ecological Management Plan (“EMP”) prepared

in accordance with Condition 17 and including:

I. a ‘Bat Management Plan’ (Condition 15);

II. a ‘Lizard Management Plan’ (Condition 14);

and

III. an ‘Avifauna Management Plan’

(Condition 16); and

IV. a ‘Terrestrial Invertebrates Management

Plan’ (Condition 16A);

V. an ‘Offset Planting and Management

Plan’ (Condition 13A);’ and

clause (c)(xiv) are addressed in

the Transport Agency version at

clause 5(d).

The Section 42A Officers’

version requires a wetland

survey in clause (c) and the

Transport Agency requires the

same survey in clause (e).

Both versions provide for the

updating or amendment of

documents at clause (d). The

Transport Agency version

provides specifically for the

inclusion of additional

information in respect of

cultural values in the CEDF.

Differences in clause (e) are

general a consequence of

format preferences and

differences in conditions

elsewhere.

Amended e)iv)a) to ensure that

it is understood that proposed

limitations relate to the

research part of the Ballantrae

Station Farm rather than the

entire Farm.

Added clause c)ii.G. as

proposed by the S42A officers

recognising the remediation of

some work may not be covered

by a management plan or other

condition.

14

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

F. a Western Manawatū Gorge Scenic

Reserve Car Park Construction

Management and Reinstatement Plan

(“MGSR Car Park Construction Plan”)

prepared in accordance with Condition

PN2;

G. Details of reinstatement and remediation

works, including of temporary and

enabling works where not covered by any

other management plan or condition;

iii. a Network Integration Plan (“NIP”) prepared in

accordance with Condition 26, and to the extent

the shared path required by Condition 26(c) is to

be provided w ithin the boundaries of the

designation, the location and design of the

shared path;

ivii. a Manawatū Gorge Scenic Reserve Western Car

Park Reinstatement Plan (“MGSR Car Park

Reinstatement Plan”) prepared in accordance with

Condition PN2A;

v. a Wind Farm Management Plan (“WFMP”)

prepared in accordance with Condition T1;

ivi. a Ballantrae Station Management Plan (“BSMP”)

prepared in accordance with Condition T3;

vii a Cultural and Environmental Design Framework

(“CEDF”) design review completed in accordance

with Condition 11;

viiiii. the Te Ahu a Turanga Cultural and

Environmental and Cultural Design Framework

(“ECEDF”) prepared in accordance with Condition

11; and

VI. a survey of exotic dominated wetlands

that is undertaken in accordance with

the Landcare Research Wetland

Delineation Monitoring Tool (Clarkson,

2013) or) Wetland Monitoring and

Assessment Kit (WetMAK) (Landcare

Trust, 2019).

E. a Landscape Management Plan (“LMP”) prepared

in accordance with Condition 12; and

F. a Manawatu Gorge Scenic Reserve Car Park

Construction Management and Reinstatement

Plan (“MGSR Car Park Construction Plan”)

prepared in accordance with Condition PN2; and

iii. a Network Integration Plan (“NIP”) prepared in

accordance with Condition 26;

iv. a Manawatū Gorge Scenic Reserve Car Park

Reinstatement Plan (“MGSR Car Park

Reinstatement Plan”) prepared in accordance

with Condition PN2A;

v. a Wind Farm Management Plan (“WFMP”)

prepared in accordance with Condition T1;

vi. a Ballantrae Station Management Plan

(“BSMP”) prepared in accordance with

Condition T3’;

vii. An CEDF design review completed in

accordance with Condition 11 which

demonstrates how the Project w ill give effect

to the Te Ahu a Turanga Cultural and

Environmental and Cultural Design

Framework (“ECCEDF”) prepared in

accordance with Condition 11; and

viii. a finalised accidental discovery protocol,

where required by and in accordance with

Condition 24;

15

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

iviii. a finalised accidental discovery protocol, where

required by and in accordance with Condition 24

and any Archaeological Authority.

d) The CEDF and documents and plans referred to in

clause (c) above may be amended to provide

updated information or reflect changes in design,

construction methods or the management of effects

w ithout the need for a further outline plan where:

i. the amendment proposed is provided in writing

to Council; and

ii. the amendment does not result in a materially

different is in general accordance with the

outcome to that described in the original plan; or

iii. the amendment is to supplement 2.1 ‘Tangata

Whenua Principles’, Appendix A.2 ‘Cultural

Values and Narratives’ or Appendix A.3 ‘Sites of

Significance to Tangata Whenua’ of the CEDF,

including to incorporate outcomes of cultural

management and monitoring activities

undertaken in accordance with TWVMMP required

by Condition 23 and the amendment:

A. is an outcome of consultation w ith a Project

Iw i Partner or Partners;

B. does not delete content of the CEDF; and

C. is provided to the Councils at the earliest

opportunity.

e) The outline plan or plans must demonstrate how the

follow ing is achieved:

i. the maximum length of the follow ing streams

(shown on Draw ing C-10) that is permanently

disturbed by diversion or other physical

modifications must be minimised as far as

practicable and must not exceed:

ix. a copy of any Archaeological Authority

required by Condition 24 and any associated

accidental discovery protocol obtained for

the works relevant to the outline plan;

x. Details of reinstatement and remediation of

works, including of temporary and enabling

works;

xi. A detailed design of the “shared path”

required by Condition [26D], including route

alignment, w idth, length, grade, surfacing,

barrier fencing, seating, amenity planting,

drainage and the maintenance regime;

xii. A Detailed Design Road Safety Audit that

meets the requirements of Condition 26I that

includes an audit of the design for vulnerable

road users. The audit must cover Pinfold

Road/SH2 intersection to York Street/SH3

intersection.

xiii. A detailed description of how the adopted

amendments outcomes of community

engagement arising from consultation w ith

the Community Liaison Group

implementation of the Community

Engagement Plan required by Condition [8A]

have been integrated into the design of the

Project, including but not limited to any

matters recorded in accordance with

Condition 8(f).

xiv. Any content added to the CEDF undertaken in

accordance with Condition 11.

d) The documents and plans referred to in clause (c)

above may be amended to reflect changes in design,

construction methods or the management of effects

w ithout the need for a further outline plan where:

16

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

A. QEII Trust west (stem 7A): 350m; and

B. QEII Trust east (stems 6A, 6B and 6C): 460m.

ii. physical works w ithin the Ramarama Protection

Area identified on Figure B in the Statement of

Evidence of Dr Forbes dated 8 March 2019 are

restricted to restoration planting provided for by

Condition 13(d);

iii. the maximum area of indigenous vegetation

removal or exotic-dominated seepage wetlands

removal must not exceed the follow ing w ithin

the ecosystem types identified on Designation

Plans D-01 to D10the plans attached as

Appendix A to the Statement of Evidence of Dr

Adam Forbes dated 8 March 2019, except that

the maximum area of exotic-dominated wetlands

(between CH8200-CH8800 and CH12000-12400

may be revised as a result of further survey (in

accordance with Clarkson 2013):

Ecosystem type Maximum

area (ha)

Secondary broadleaved forests with old-

growth signatures

3.07

Old-growth treelands 0.41

Kānuka forests (CH4000-4400) 1.0

Kānuka forests (elsewhere in the

designation)

3.520.59

Advanced secondary broadleaved forests

(CH5600-5800)

0.5

Advanced secondary broadleaved forests

(elsewhere in the designation)

2.430.48

Secondary broadleaved forests and

scrublands (CH6100-6400)

0.86

i. the amendment proposed is provided in writing

to Council; and

ii. the amendment does not result in a character,

intensity or scale of the activity is the same or

similar materially different outcome to that

described in the original outline plan;

iii. if the amendment is to a confirmed technically

certified management plan, the amendment has

been confirmed in accordance with Condition

1D; and

iv. the Council agrees that a further outline plan is

not required.

e) The outline plan or plans must demonstrate how the

follow ing is achieved:

i. that the maximum length of the follow ing

streams (shown on Draw ing C-10) that to be is

permanently disturbed by diversion or other

physical modifications w ill meet the

requirements of Condition [5B]; must not

exceed

A. QEII Trust west (stem 7A): 350m; and

B. QEII Trust east (stems 6A, 6B and 6C): 460m.

ii. physical works w ithin the Ramarama Protection

Area identified on Figure B in the Statement of

Evidence of Dr Forbes dated 8 March 2019 are

restricted to restoration planting provided for by

Condition 13(d);

iii. construction works w ill, including enabling

works, avoid the ecological exclusion zones

identified in accordance w ith Condition 17(J);

iv. that the maximum area of indigenous

vegetation or exotic-dominated seepage

wetlands to be removed removal to be meets

the requirements of Condition [5C]; must not

17

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Secondary broadleaved forests and

scrublands (elsewhere in the designation)

16.3215.6

Mānuka and kānuka shrublands (CH6100-

6400)

1.22

Mānuka and kānuka shrublands (elsewhere

in the designation)

2.82

Mānuka, kānuka and dDivaricating

shrublands

3.470.33

Old-growth forests (alluvial) 0.15

Old-growth forests (hill country) 1.0

Raupō dominated seepage wetlands (high

value)

0.13

Indigenous-dominated seepage wetlands

(moderate value)

0.561.12

Exotic -dominated seepage wetlands (low

value)

2.74

Advice note: 1. Ffor the area measurements listed in

respect of the old-growth forests (alluvial) and raupo-

dominated seepage wetlands (high value), the maximum

areas specified are based on an assessment that clearance

of those areas would have a less than ‘Very High adverse’

effect under EIANZ, 2018.

ivii. Within the long-term fertiliser and grazing

systems trial at Ballantrae Hill Country Research

Station site (“Ballantrae Station”) being part of the

land indicated by property reference numbers

14, 15 and 16 on Land Requirement Plan LR-11)

the potential effects on the systems trial must be

minimised, as far as practicable, and:

exceed the follow ing w ithin the ecosystems

types identified on Designation Plans D-01 to

D10:

v. separation of traffic lanes at roundabouts from

dwellings in accordance with Condition [29B];

vi. traffic lanes of the roundabouts must be more

than 100 metres from dw ellings existing on 31

October 2018;

vii. traffic lanes must be more than 200 metres

from the dwellings at 49807 State Highway 3

and 75 Hope Road, Woodville existing on 31

October 2018;

viii. in addition to the specific matters addressed in

Conditions 26, M1, M2, T1 and T2, the scope,

location and timing of works to relocate network

utilities and any measures necessary to provide

for the identification of, safety and protection of

network utilities (in consultation w ith the

network utility operator/Council);

ix. the maintenance of permanent practical

ongoing access to existing and relocated

network utilities and the Te A piti w ind farm

turbines in accordance with Condition [T1A].

(where retained), including reasonable and

emergency access during construction of the

Project.

x. Compliance w ith the follow ing conditions:

f) the follow ing conditions are also relevant to the

content of an outline plan or outline plans:

A. Condition PN1: Outline plan – Parahaki Island;

B. Condition M1: Outline plan – Tararua High

Pressure Gas Transmission Pipeline;

18

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

A. except where AgResearch provides written

consent , physical works w ithin the long term

grazing trial site at Ballantrae Hill Country

Research Station site (“Ballantrae Station”),

(being part of the land indicated by property

reference numbers 14, 15 and 16 on Land

Requirement Plan LR-11), the land occupied

for the purposes of construction must not;

A. exceed a maximum area of 4.8 hectares

on the long-term fertiliser and grazing

systems trial;

reduce the number of frame sites on the

long-term fertiliser and grazing systems

trial by more than 15; and

B. reduce that area of a farmlet that makes

up the trial ((as shown on the plan

included as Attachment A to the statement

of evidence of Dr David Horne dated 8

March 2019) by more than 26%.

B. the balance of Ballantrae Station w ill remain

for the use of AgResearch and its lessee;

C. the Requiring Authority w ill consult w ith

AgResearch in determining the location of the

construction works w ithin the long-term

fertiliser and grazing systems trial site.

v. traffic lanes of the roundabouts must be more

than 100 metres from dwellings existing on 31

October 2018;

ivi. traffic lanes must be more than 200 metres from

the dwellings at 49807 State Highway 3 and 75

Hope Road, Woodville existing on 31 October

2018;

C. Condition M2: Outline plan – Palmerston North

to Gisborne Rail Corridor;

D. Condition T1: Outline plan - Te A piti Wind Farm

E. Condition T2: Outline plan – Mangamaire –

Woodville A 110kV National Grid transmission

line;

F. Condition T3: Outline plan – Ballantrae Farm

Research Station; Condition 5D – Works w ithin

the long term grazing trial site at Ballantrae Hill

Country Research Station; and

G. Condition T4: Outline plan – QEII National Trust

open space covenants.

Maximum length of streams able to be disturbed

The maximum length of the bed and vegetated margin

of the follow ing streams (shown on Draw ing C-10) that

may be disturbed by diversion or other physical

modifications must be minimised as far as practicable

and must not exceed:

A. QEII Trust west (stem 7A): [x]m;

B. QEII Trust east (stems 6A, 6B and 6C): [x]m;

C. Stream 7 (stem B): [x]m;

D. Steam 7 (stem C): [x]m;

E. Stream 5 (stem B): [x]m;

F. Stream 5 (stem A): [x]m;

G. Stream 3 (stem A): [x]m;

H. Stream 3 (stem B): [x]m;

I. Stream 2: [x]m: and

J. Stream 1: [x]m.

This Condition is equivalent to

Condition 5(e)(i) in the

Transport Agency version and is

numbered 5B in the S42A

Officers’ version however the

S42A version does not set out

maximum stream lengths to be

disturbed.

The Section 42A Officers’

version includes a note that:

“If this condition is retained the

permitted length of stream

disturbance must be defined

based on comprehensive

assessment of the capacity of

the streams to accommodate

change.”

However, stream lengths have

been determined, and are

included in the Transport

Agency version of conditions.

19

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

vii. in addition to the requirement included in clause

5(e)(iiiv) above, the Requiring Authority must

investigate options to maximise the distance

between the traffic lanes of the western

roundabout (State Highway 3/State Highway 57)

and the dwelling at 1213 Fitzherbert East Road

(existing on 31 October 2018), subject to land

availability, geometric design standards, other

Project requirements (including proximity to

other existing dwellings) and safety audit

processes;

viii the design of the new bridge over the Manawatū

River includes a pedestrian walking facility that

connects to a future public recreation access or

path to the Manawatū Gorge Scenic Reserve (on

the northern bank of the Manawatū River) and, if

reasonably practicable, be developed as a shared

facility;

viix. in addition to the specific matters

addressed in Conditions 26, M1, M2, T1 and T2,

the scope, location and timing of works to

relocate network utilities and any measures

necessary to provide for the identification of,

safety and protection of network utilities (in

consultation w ith the network utility

operator/Council);

viiix. except where Meridian provides written

consent, the Project must not remove more than

two turbines from the Te Āpiti w ind farm;

xi. the maintenance of permanent practical on-going

access to existing and relocated network utilities

and the Te Āpiti w ind farm turbines (where

Maximum area of indigenous vegetation able to be

removed

the maximum area of indigenous vegetation removal or

exotic-dominated seepage wetlands removal must not

exceed the follow ing w ithin the ecosystem types

identified on Designation Plans D-01 to D10the plans

attached as Appendix A to the Statement of Evidence of

Dr Adam Forbes dated 8 March 2019:

a) As a first priority the Project must be designed to

avoid damaging or destroying indigenous

vegetation and habitats within the ecosystem types

identified in the table below .

b) Where the damage or destruction of indigenous

vegetation or habitats cannot be avoided, the

maximum area of indigenous vegetation or exotic-

dominated seepage wetlands removal must not

exceed the follow ing areas w ithin the ecosystems

types identified on the plans attached as Appendix

A to the Statement of Evidence of Dr Adam Forbes

dated 8 March 2019 Designation Plans D-01 to D10:

Ecosystem type Maximum area (ha)

Swamp maire 0.0

Secondary broadleaved forests with

old-growth signatures

3.07

Old-growth treelands 0.41

Kānuka forests (CH4000-4400) 1.0

Kānuka forests (elsewhere in the

designation)

3.520.59

Advanced secondary broadleaved

forests (CH5600-5800)

0.5

This Condition is equivalent to

Condition 5(e)(iii) in the

Transport Agency version and is

numbered 5C in the S42A

Officers’ version and is not

materially different in terms of

outcome.

The S42A Officers’ version

includes further clauses (a), (c)

and (d). The matters included in

clauses (c) and (d) are

addressed in the Transport

Agency version in Conditions

14, 15, 16, 16A and 17. It is

noted that no bats have yet

been detected in the Project

area.

20

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

retained), including reasonable and emergency

access during construction of the Project.

f) the follow ing conditions are also relevant to the

content of an outline plan or outline plans:

i. Condition PN1: Outline plan – Parahaki Island;

ii. Condition M1: Outline plan – Tararua High

Pressure Gas Transmission Pipeline;

iii. Condition M2: Outline plan – Palmerston North to

Gisborne Rail Corridor;

iv. Condition T1: Outline plan - Te Āpiti Wind Farm

iv. Condition T2: Outline plan – Mangamaire –

Woodville A 110kV National Grid transmission

line;

vi. Condition T3: Outline plan – Ballantrae Farm

Research Station; and

vii. Condition T4: Outline plan – QEII National Trust

open space covenants.

Advanced secondary broadleaved

forests (elsewhere in the

designation)

2.430.48

Secondary broadleaved forests and

scrublands (CH6100-6400)

0.86

Secondary broadleaved forests and

scrublands (elsewhere in the

designation)

16.3215.6

Mānuka and kānuka shrublands

(CH6100-6400)

1.22

Mānuka and kānuka shrublands

(elsewhere in the designation)

2.82

Mānuka, kānuka and dDivaricating

shrublands

3.470.33

Old-growth forests (alluvial) 0.15

Old-growth forests (hill country) 1.0

Raupō dominated seepage wetlands

(high value)

0.13

Indigenous-dominated seepage

wetlands (moderate value)

0.561.12

Exotic -dominated seepage wetlands

(low value)

2.74

c) If bat roost/s (identified in accordance with surveying

undertaken in accordance with Condition [15], lizards

(identified in accordance with Condition [14]) or

nesting birds (identified in accordance with Condition

[16]) or rare invertebrates (identified in accordance

w ith Condition [16A]) are present, the maximum area

of habitat for the ecosystem type specified in the

table above must be amended consistent with the

recommendation in the relevant species management

plan developed under the respective condition.

21

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

d) That aAny adjustments to the area of habitat able to

be affected made in accordance with (c) above cannot

increase the area above the maximum limits set out

in the above table.

Advice note: for the area measurements listed in respect

of the old-growth forests (alluvial) and raupo-dominated

seepage wetlands (high value), the maximum areas

specified are based on an assessment that clearance of

those areas would have a less than ‘Very High adverse’

effect under EIANZ, 2018.

Addit ions to the CEDF

a) The Cultural and Environmental Design Framework

may be amended by making additions to the CEDF to

provide for further cultural and environmental

outcomes and effects management that are identified

prior to detailed design being completed.

Amendments to the CEDF must:

i. Only add further content, and must not delete,

alter or otherw ise amend the provisions and

outcomes in the CEDF at [date of Panel’s

recommendation];

ii. Be undertaken in consultation w ith Project Iw i

Partners;

iii. Be undertaken in consultation w ith the CLG; and

iv. Be completed before the CEDF design review

required by Condition 11 is undertaken.

If the CEDF is amended in accordance with a) above, a

copy of the amended CEDF must be provided to the

Responsible officer of each Territorial Authority, the

Project Iw i Partners, and the CLG. The amended CEDF

must be accompanied by a report that documents how

the requirements of a)(i) to (iv) were met.

The Transport Agency version

includes Condition 5(d) that

provides for the same, or

similar, outcomes as those in

the Officers’ version proposed

Condition 11A w ith the

exception of the S42A Officers’

version also requiring

consultation w ith the CLG.

This Condition is numbered 11A

in the S42A Officers’ version.

The Transport Agency version

does not propose additions

beyond those made by its iw i

partners as the intention is that

the design is developed based

on the CEDF. The detailed

design of the project is subject

to consultation w ith the CLG

through condition 8b).

22

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Works within the long term grazing trial site at

Ballant rae Hill Country Research Station

a) Except where AgResearch provides written consent,

physical works w ithin the long term grazing trial

site at Ballantrae Hill Country Research Station site

(“Ballantrae Station”), (being part of the land

indicated by property reference numbers 14, 15

and 16 on Land Requirement Plan LR-11), must not:

A. exceed a maximum area of 4.8 hectares; and

B. reduce that area of a farmlet that makes up the

trial ((as shown on the plan included as

Attachment A to the statement of evidence of

Dr David Horne dated 8 March 2019) by more

than 26%.

This condition equivalent to

Condition 5(e)iv) and

differences are limited to

further amendments to the

Transport Agency version (in

purple) that are a result of

further information provided to

the Hearing Panel.

This Condition is numbered 5D

in the S42A Officers’ version.

The S42A Officers’ version

notes that this “Condition will

need to be reviewed once Panel

has determined the matter.”

Separation from existing dwellings

a) The Project must be designed and constructed so

that traffic lanes are:

i) in the case of roundabouts, at least 100 metres

from dwellings existing on 31 October 2018; and

ii) in all cases, at least 200 metres from the

dwellings at 49807 State Highway 3 and 75 Hope

Road, Woodville existing on 31 October 2018.

b) In addition to the requirement included in clause a)

above, the Requiring Authority must maximise the

distance between the traffic lanes of the western

roundabout (State Highway 3/State Highway 57) and

the dwelling at 1213 Fitzherbert East Road (existing

on 31 October 2018), subject to land availability,

geometric design standards, other Project

requirements (including proximity to other existing

dwellings) and safety audit processes.

No material difference. The

Transport Agency requires the

same separations in Condition

5(e)(v), (vi) and (vii).

This Condition is numbered 19A

in the S42A Officers’ version.

New Manawatu River Bridge The Transport Agency version at

clause (e)(viii) provides for a

23

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

The new Manawatu River Bridge must include a

“pedestrian view ing platform(s)” providing unobstructed

views both upstream and downstream. The view ing

platform(s) must be physically separated from the

carriageway for pedestrian safety reasons. The view ing

platform(s) must have direct access for pedestrians from

the Manawatu Gorge Scenic Reserve carpark.

pedestrian facility on the new

Manawatū River bridge. The

CEDF seeks that opportunities

for view ing platforms that

provide unobstructed views are

explored “in the vicinity” of the

bridge.

The S42A Officer’s version

requires “pedestrian view ing

platform(s)” on the new bridge.

The design of the bridge may

be able to accommodate a

view ing platform but this detail

is not known and so this

condition is not included. The

aspiration is included in the

CEDF.

This Condition is numbered 26F

in the Section 42A Officers’

version.

5E. Erosion and sediment control measures

All Erosion and sediment control measures shall

be designed, constructed and maintained in accordance

w ith Auckland Council GD05 “Erosion and Sediment

Control Guide for Land Disturbing Activities in the

Auckland Region”, June 2016 (GDO5).

The Transport Agency does not

include an equivalent proposed

condition as these matters w ill

be covered in separate and

subsequent resource consent

process dealing w ith discharges

to ground and water.

24

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Engagement and Part icipation

6. Community Liaison Person

a) A Community Liaison Person must be appointed by the Requiring Authority as the main and readily accessible

point of contact for persons affected by construction works for the duration of the construction phase of the

Project.

b) The Community Liaison Person is to be available by telephone during reasonable hours per day (for example,

6am to 10pm), seven days per week, determined in consultation w ith the Community Liaison Group.

c) If the Community Liaison Person is not available for any reason, an alternative person must be nominated.

d) In consultation w ith the Community Liaison Group, tThe Requiring Authority must take appropriate steps to

advise the Community Liaison Person’s name, telephone and email contact details, so that all members of the

community can access the contact details.

Nil

7. Communications Plan

a) Prior to the commencement of construction

activities, the Requiring Authority must prepare a

Communications Plan that sets out procedures

detailing how the public, stakeholders and residents

w ill be communicated with throughout the

construction of the Project.

b) The Communications Plan must accompany any

relevant outline plan prepared in accordance with

Condition 5.

c) As a minimum, the Communications Plan must

include:

i. Details of the Project Community Liaison Person

(Condition 6), including the ways in which their

contact details w ill be found, such as on the

Project website and at site access points.

ii. A list of stakeholders, organisations, businesses

and residents who w ill be communicated with.

iii. Methods of consultation and matters to be

discussed, including:

Communications Plan

a) Prior to the commencement of construction activities,

the Requiring Authority must prepare a

Communications Plan that sets out procedures

detailing how the public, stakeholders and residents

w ill be communicated with throughout the

construction of the Project.

b) The Communications Plan must accompany any

relevant outline plan prepared in accordance with

Condition 5.

c) As a minimum, the Communications Plan must

include:

i. Details of the Project Community Liaison Person

(Condition 6), including the ways in which their

contact details w ill be found, such as on the

Project website and at site access points.

ii. A list of stakeholders, organisations, businesses

and residents who w ill be communicated with.

iii. Methods of consultation and matters to be

discussed, including:

The S42A Officers’ version at

(c)(iii)(B), (G) and (H) requires

information from other

management plans to be

duplicated in this management

plan (which would properly be

developed as part of the

consultation process.

The Transport Agency version

instead targets engagement

through the CLG in respect of

the matters listed.

The Section 42A Officers’

version requires the

Communications Plan to include

an approach to including public

feedback on the CEDF. The

Transport Agency version ‘locks

in’ the CEDF (w ith the exception

of Project Iw i Partner input

provided for by Condition 5(d)).

Instead the CLG w ill be

25

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

A. proposed hours of construction activities

where these are outside of normal working

hours or on weekends or public holidays,

including night-time heavy vehicle

movements;

B. methods to deal w ith concerns raised about

such hours;

C. methods to provide early notification to

businesses of construction activities,

particularly any such activities that w ill or may

impact on Saddle Road (and use of Saddle

Road for traffic);

D. methods to communicate on any temporary

traffic management measures, including

disruption of, or changes to, pedestrian and

cycling routes and the reinstatement of those

routes disrupted by closure of State Highway

3 through Manawatū Gorge (such as the

Saddle Road/Pahīatua cycleway route); and

E. methods to communicate on any disruption

of, or changes to, access to the Manawatū

Gorge Scenic Reserve walkways (and/or the

Manawatū Gorge Scenic Reserve car park

during construction.

iv. Details of communication activities proposed

including:

A. publication of newsletters, or similar, and

proposed delivery areas;

B. information days, open days or other

mechanisms to facilitate community

engagement;

C. newspaper advertising;

D. notification and consultation w ith business

owners and operators and individual property

A. proposed hours of construction activities

where these are outside of normal working

hours or on weekends or public holidays;

B. proposed routes for construction vehicles,

including the total number of vehicles,

proportion of heavy vehicles and the times of

day these routes w ill be used;

C. B.methods to deal w ith concerns raised about

such hours;

D. C.methods to provide early notification to

businesses of construction activities,

particularly any such activities that w ill or

may impact on Saddle Road (and use of

Saddle Road for traffic);

E. D.methods to communicate on any

temporary traffic management measures,

including disruption of, or changes to,

pedestrian and cycling routes and the

reinstatement of those routes disrupted by

closure of State Highway 3 through

Manawatu Gorge (such as the Saddle

Road/Pahiatua cycleway route); and

F. E.methods to communicate on any disruption

of, or changes to, access to the Manawatu

Gorge Scenic Reserve walkways (and/or the

Manawatu Gorge Scenic Reserve car park

during construction;

G. detailed design of landscaping, rest areas,

view ing points, and public access / cycleway

/ walkway provision across the new

Manawatū River bridge and to recreation

areas;

consulted on the proposed

design of the Project as per

condition 8.

26

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

owners and occupiers w ith

premises/dwellings w ithin 100 metres of

active construction, and for all businesses,

schools and pre-schools in Woodville and

Ashhurst, and road user groups.

v. Details of the Project website for providing

information to the public.

H. progress of the construction works in

comparison to key project milestones and

the completion date; and

I. how feedback is to be provided into the

“CEDF” design review process.

iv. Details of communication activities proposed

including:

A. publication of newsletters, or similar, and

proposed delivery areas;

B. information days, open days or other

mechanisms to facilitate community

engagement;

C. newspaper advertising;

D. notification and consultation w ith business

owners and operators and individual property

owners and occupiers w ith

premises/dwellings w ithin 100 metres of

active construction, and for all businesses,

pre-schools and schools in Woodville and

Ashhurst, and groups representing cycling

and walking interests in the vicinity of

Woodville, Ashhurst and the Manawatū

Gorge.

v. Details of the Project website for providing

information to the public.

8. Community Liaison Group

a) The Requiring Authority must establish a

Community Liaison Group at least 30 working days

prior to the commencement of construction or at

least 30 working days prior to the completion of the

CEDF (under Condition 11), a LMP (under Condition

12), a CTMP (under Condition 22) or a MGSR

Western Car Park Construction Plan (under

Community Liaison Group

a) The Requiring Authority must establish a Community

Liaison Group no later than 30 working days prior to

beginning detailed design. at least 30 working days

prior to the commencement of construction, or at

least 30 working days prior to the completion of the

CEDF (under Condition 11), a LMP (under Condition

12), a CTMP (under Condition 22) or a MGSR Car Park

Construction Plan (under Condition PN2), a MGSR Car

Material differences are limited

to the purpose of the CLG in

clause (b), and in particular the

situations where information is

shared as opposed to where the

CLG provides input. The

Transport Agency version

distinguishes (in clause (b)(ii))

management plans and design

27

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Condition PN2) (to allow sufficient opportunity for

consultation).

b) The purpose of the Community Liaison Group is to:

i. share information on:

A. detailed design, including planned

landscaping, mitigation works (including

offset and replacement planting) and

construction environmental management

(particularly construction traffic);

B. key project milestones;

C. rest areas or view ing points that are

integrated w ith the Project;

D. opportunities (if any) to integrate the Project

design w ith public access / walkway

opportunities to areas such as the Manawatū

Gorge; and

E. opportunities (if any) for provision of

pedestrian access across the new Manawatū

River bridge to provide views to the

Manawatū Gorge;

ii. provide input to:

A. the preparation of the CEDF, the LMP, the

CTMP and the MGSR Western Car Park Plan;

and

B. the design of the matters listed in Condition

26(b);

iii report on and respond to concerns and issues

raised in relation to construction activities,

particularly in respect of the existing local roads

such as Saddle Road and Pahīatua Track; and

iiiv. provide a forum to assist the Project

teamRequiring Authority to monitor any effects

Park Reinstatement Plan (under Condition PN2A)

whichever is the earliest (to allow sufficient

opportunity for consultation).

b) The purpose of the Community Liaison Group is to:

i. share information and, except for B., provide

input on:

A. detailed design, including planned

landscaping, mitigation works and

construction environmental management

(particularly construction traffic);

B. key project milestones;

C. rest areas or view ing points that are

integrated w ith the Project;

D. opportunities (if any) to integrate the Project

design w ith public access / walkway

opportunities including to areas such as the

Manawatu Gorge; and

E. planting plans (in accordance with Condition

13A) and any amenity planting;

F. opportunities (if any) for provision of

pedestrian access across the new Manawatu

River bridge to provide views to the

Manawatu Gorge;

G. results of the monitoring undertaken to

identify any effects on the community arising

from construction activities; and

H. the design of the walking and cycling

facilities required by Conditions 26B to 26F

“shared path” required by Condition [26D],

and

I. the preparation of the CEDF, the LMP, the

CTMP and the MGSR Car Park Plan;

considerations where the

Conditions requiring specific

CLG input.

28

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

on the community arising from construction

activities.

c) The Community Liaison Group must hold meetings

at least once every three months throughout the

construction period and until six up to twelve

months after follow ing completion of construction

so that on-going monitoring information can be

shared, discussed and responded to (noting that the

Group may decide to meet less frequently or may be

discontinued earlier at the agreement of the

majority of non-Project participants, that is the

majority of members not including the Project

Liaison Person, Requiring Authority representations

and the construction contractor).

d) In addition to the Project Liaison Person and

representatives of the Requiring Authority and the

construction contractor, the Requiring Authority w ill

invite representatives of the follow ing entities (at

least) to be members of the Community Liaison

Group:

i. Ashhurst community (at least 3) and Woodville

community (at least 3), Dannevirke (1),

Palmerston North (1) – noting for accessibility it

may be appropriate for the groups to meet

separately in Woodville and Ashhurst;

ii. local schools and pre-schools, including Ashhurst

School, Te Kōhanga Reo o Atawhai and Woodville

School;

iii. respective Councils, and including Horizons; and

iv. the Department of Conservation;

v. Project Iw i Partners;

vi. Mr Tom Shannon;

vii. Manawatū River Source to Sea; and

J. Additions to the CEDF undertaken in

accordance with Condition 11A.

ii. report on and respond to concerns and issues

raised in relation to construction activities,

particularly in respect of the existing local roads

such as Saddle Road and Pahiatua Track and the

results of noise monitoring required under

Condition [29A]; and

iii. provide a forum to assist the Requiring Authority

to monitor any effects on the community arising

from construction activities.

c) The Community Liaison Group must hold meetings at

least once every three months throughout the

construction period and up to until twelve six months

after follow ing completion of construction so that on-

going monitoring information can be shared,

discussed and responded to (noting that the Group

may decide to meet less frequently or may be

discontinued earlier at the agreement of the majority

of non-Project participants, that is the majority of

members not including the Project Liaison Person,

Requiring Authority representations and the

construction contractor).

d) In addition to the Project Liaison Person and

representatives of the Requiring Authority and the

construction contractor, the Requiring Authority w ill

invite representatives of the follow ing entities (at

least) to be members of the Community Liaison

Group:

i. Ashhurst community (at least 3) and Woodville

community (at least 3), Dannevirke (1),

Palmerston North (1) – noting for accessibility

it may be appropriate for the groups to meet

separately in Woodville and Ashhurst;

29

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

viii. road user group representatives, including

accessibility, cycling and walking group

representatives.

e) The Requiring Authority must prepare an agenda

and record minutes for each meeting.

f) The Requiring Authority must maintain a record of

issues raised by the CLG and the Requiring

Authority’s response to those issues (include

reasons in circumstances where no action is taken).

fg) The Requiring Authority must meet all reasonable

costs associated with resourcing the Community

Liaison Group.

ii. local schools, including Ashhurst School, Te

Ko hanga Reo o Atawhai, and Woodville School2

,

and Learning Adventures;

iii. respective Councils, and including Horizons;

and

iv. the Department of Conservation;

v. tangata whenua; and

vi. road user groups representatives, including

accessibility, representing cycling, walking and

w ider recreation representatives; and interests3

vii. Mr Tom Shannon; and

viii. Manawatū River Source to Sea; and

ix. Road user group representatives, including

accessibility, cycling and walking group

representatives.

e) The Requiring Authority must prepare an agenda and

record minutes for each meeting.

f) The Requiring Authority must maintain a record of

issues raised by the CLG and the Requiring

Authority’s response to those issues (including

reasons in circumstances where no action is taken).

gf) The Requiring Authority must meet all reasonable

costs associated with resourcing the Community

Liaison Group.

hg) The Requiring Authority w ill ensure that the

Community Liaison Group is resourced w ith at least

one person appropriately qualified in social

assessment and community development.

8A - Community Engagement Plan Nil. This Condition is no longer

proposed by the S42A Officers.

2

NZTA, s92A response

3

S42A Planning Report – Chapter 8: social effects

30

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

a) An Engagement Plan must be prepared for the Project

and submitted to the Council w ithin 30 working days of

the Notice of Requirement being confirmed.

b) The Engagement Plan must specify:

i) the detailed design matters that the community

w ill have an opportunity to input to, including but

not limited to:

A. the development of the Manawatū Gorge

Scenic Reserve Carpark Reinstatement Plan

required by Condition PN2 and PN2A;

B. cycling provision along the route of the new

state highway, including the new bridge over

the Manawatū River;

C. cycling and walking provision along existing

roads that w ill be affected by the new road,

including Ashhurst bridge;

D. rest areas and view ing areas;

E. landscaping to address effects on landscape

values and visual amenity;

F. integration w ith w ider recreation / leisure

facilities or planned facilities;

G. construction details, particularly night-time

works and associated traffic;

H. relevant management plans, including the

Construction Traffic Management Plan; and

Noise and Vibration Management Plan required

by Condition x and y;

ii) which groups/representatives of the community

w ill be given the opportunity to input into the

detailed design;

iii) the scope of the community input;

iv) the timeframes for this input; and

31

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

(v) how the outcomes of the community engagement

w ill be evaluated and how adopted amendments

w ill be integrated into the design.

9. Complaints management

a) At all times during construction, the Requiring

Authority must maintain a permanent register of any

public or stakeholder complaints received in relation

to adverse effects of the construction of the Project.

b) The register must include:

i. the name and contact details (if supplied) of the

complainant;

ii. the nature and details of the complaint; and

iii. location, date and time of the complaint and the

alleged event giving rise to the complaint;

iv. the weather conditions at the time of the

complaint (as far as practicable), including w ind

direction;

v. other activities in the area, unrelated to the

Project, that may have contributed to the

complaint;

vi. the outcome of the Requiring Authority’s

investigation into the complaint;

vii. measures taken to respond to the complaint.

c) The Requiring Authority must respond to the

complainant as soon as reasonably practicable, as

appropriate to the urgency of the circumstances,

and w ithin 10 working days at the latest.

Complaints management

a) At all times during construction, the Requiring

Authority must maintain a permanent register of

any public or stakeholder complaints received in

relation to adverse effects of the construction of the

Project.

b) The register must include:

i. the name and contact details (if supplied) of

the complainant;

ii. the nature and details of the complaint; and

iii. location, date and time of the complaint and

the alleged event giving rise to the complaint;

iv. the weather conditions at the time of the

complaint (as far as practicable), including

w ind direction;

v. other activities in the area, unrelated to the

Project, that may have contributed to the

complaint;

vi. the outcome of the Requiring Authority’s

investigation into the complaint;

vii. measures taken to respond to the complaint;

viii. if any action was taken, a description of

measures taken to resolve the issue to which

the complaint relates.

c) The Requiring Authority must respond to the

complainant as soon as reasonably practicable, as

appropriate to the urgency of the circumstances, and

w ithin 10 working days at the latest.

No material difference. The

proposed addition of b)viii.

duplicates b)vii and if included

would infer additional action.

32

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Construction Management

10. Construction Environmental Management Plan

a) Prior to the commencement of construction, the

Requiring Authority must prepare a Construction

Environmental Management Plan (“CEMP”) that sets

out measures that must be implemented to comply

w ith the designation conditions and to appropriately

manage remedy or mitigate any adverse effects of

construction activities.

b) The CEMP must accompany any relevant outline plan

prepared in accordance with Condition 5 and also

include the follow ing suite of management plans:

i. CTMP prepared in accordance with Condition 22;

ii. CNVMP prepared in accordance with Condition

21;

iii. TWVMMP prepared in accordance with Condition

23;

iv. EMP prepared in accordance with Condition 17;

v. LMP prepared in accordance with Condition 12;

and

vi. MGSR Western Car Park Construction Plan

prepared in accordance with Condition PN2A.

c) The CEMP must include (as a minimum):

i. the roles and responsibilities of staff and

contractors;

ii. the Requiring Authority’s ‘Environmental and

Social Responsibility Policy’ environmental

policy basis and relevant regional and district

plan rules and associated performance

standards and conditions (including those

imposed by other authorisations or

Construction Environmental Management Plan

a) Prior to the commencement of construction, the

Requiring Authority must prepare a Construction

Environmental Management Plan (“CEMP”) that sets

out measures that must be implemented required

to comply w ith the designation conditions and to

appropriately manage remedy or mitigate any

adverse effects of construction activities.

b) The CEMP must accompany any relevant outline

plan prepared in accordance with Condition 5 and

Condition 5A and also include the follow ing suite of

management plans:

i. CTMP prepared in accordance with Condition

22;

ii. CNVMP prepared in accordance with Condition

21;

iii. TVMMP prepared in accordance with Condition

23;

iv. EMP prepared in accordance with Condition 17;

v. LMP prepared in accordance with Condition 12;

and

vi. MGSR Car Park Construction Plan prepared in

accordance with Condition PN2.

vii. MGSR Car Park Reinstatement Plan prepared in

accordance with Condition PN2A.

c) The CEMP must include (as a minimum):

i. the roles and responsibilities of staff and

contractors;

ii. the environmental outcomes anticipated to be

achieved by the implementation of the CEMP

including those set out in;

Material differences are:

- The S42A Officers’ version, at

clause (b), lists the MGSR Car

Park Reinstatement Plan as a

further management plan that

makes up the CEMP, whereas

the Transport Agency version

does not require the

Reinstatement Plan (Condition

PN2A) to be developed prior to

the commencement of

construction (and, as such, at

the time the CEMP must be

developed).

- The S42A Officers’ version, at

clause (c)(ii), requires the CEMP

to also include the CEDF and

RMA policy document

references, including relevant

resource consent requirements

(which are separate to the

current process).

- The S42A Officers’ version, at

clause (c)(iii), includes further

clauses ((B) and (G)) requiring

the CEMP to include details of

works in waterways – these are

matters that would more

properly sit w ithin resource

consent conditions.

- The S42A Officers’ version, at

clause (c)(iii), includes a further

requirement in proposed clause

33

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

permissions) that are achieved by the

implementation of the CEMP;

iii. a description of the Project including:

A. the construction programme and staging

approach;

B. construction methodologies;

C. a detailed site layout;

D. the design and management

specifications for all earthworks on-site,

including disposal sites and their

location; and

E. the design of temporary lighting for

construction works and construction

support areas;

F. the approach to the management of

construction waste, taking into account

the waste management hierarchy to

reduce, re-use, recycle and recover, along

w ith responsible disposal of residual

waste;

iv. a description of training requirements for all

site personnel (including employees, sub-

contractors and visitors);

v. environmental incident and emergency

management procedures;

vi. environmental complaints management

measures;

vii. compliance monitoring, environmental

reporting and environmental auditing,

including a requirement to provide the results

or outcomes of monitoring, reporting and

auditing to the Councils requirements;

A. the Requiring Authority’s ‘Environmental

and Social Responsibility Policy’ (2011),

B. by relevant RMA policy documents (by way

of cross reference to these documents),

C. the ECDF, policy basis and

D. relevant performance standards and

conditions of the designation,

E. relevant regional plan rules

F. regional council consents and

G. other permissions and authorisations

granted as part of the Project to be that are

achieved by the implementation of the

CEMP.

iii. a description of the Project including:

A. the construction programme and staging

approach;

B. construction methodologies including

piling and foundation construction in the

vicinity of potentially sensitive habitats

such as wetlands and streams;

C. a detailed site layout;

D. the design and management specifications

for all earthworks on-site, including

disposal sites and their location; and

E. the design of temporary lighting for

construction works and construction

support areas;

F. the approach to the management of

construction waste, taking into account the

waste management hierarchy to reduce, re-

use, recycle and recover, along w ith

responsible disposal of residual waste;

(H) for the CEMP to provide

details of areas of vegetation or

habitats that are to be protected

and any buffers required around

those areas, while the Transport

Agency version addresses the

same matters in Condition 17.

- The S42A Officers’ version, at

clause (d), requires (“must”) the

CEMP to be updated to

incorporate regional resource

consent requirements, whereas

the Transport Agency provides

the ability to do so (“may”). This

may create an additional

administrative burden, w ith no

clear benefit.

- The Transport Agency version

includes a requirement for the

Councils to review , in draft

form, the CEMP (and

accompanying plans).

34

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

viii. the details for emergency contact personnel

who must be contactable 24 hours, 7 days a

week;

ix. site security arrangements;

x. an accidental discovery protocol, where

required by and in accordance with Condition

24;

xi. a requirement for a copy of the CEMP to be

held at all site offices.

xii. methods for amending, augmenting and

updating the CEMP, including, but not limited

to, in response to future resource consent

conditions and as provided for by Condition

5(d).

d) The CEMP may be updated to incorporate any

requirement of regional resource consents.

e) The Requiring Authority must:

i. provide the draft CEMP, including

accompanying management plans listed in

clause (b) of this Condition to the Councils for

review and comment;

ii. allow 15 working days (or lesser by mutual

agreement) for the Councils to undertake the

review required by clause (e)(i);

iii. incorporate in the CEMP (or accompanying

management plans) a response to all review

comments or recommendations made in the

including reasons;

iv. where review comments or recommendations

have not been received w ithin 15 working days,

the Requiring Authority can proceed to submit

an outline plan (including the CEMP).

G. details of any works to be undertaken in or

near waterbodies including any proposed

diversions or reclamations;

H. details of areas of vegetation or habitats

that are to be protected and any buffers

required around those areas.

iv. a description of training requirements for all

site personnel (including employees, sub-

contractors and visitors);

v. environmental incident and emergency

management procedures;

vi. environmental complaints management

measures;

vii. compliance monitoring, environmental reporting

and environmental auditing, including a

requirement to provide the results or outcomes

of monitoring, reporting and auditing to the

Councils requirements;

viii. the details for emergency contact personnel

who must be contactable 24 hours, 7 days a

week;

ix. site security arrangements;

x. an accidental discovery protocol, where required

by and in accordance w ith Condition 24;

xi. a requirement for a copy of the CEMP to be held

at all site offices;.

xii. methods for amending, augmenting and

updating the CEMP, including, but not limited

to, in response to future resource consent

conditions and as provided for by Condition

5(d).

d) The CEMP must be updated to incorporate any

requirements of Regional Council resource consents.

35

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

10A. - Giving effect to the CEMP

Prior to commencement of construction (including

enabling works), and subsequent to any substantive

changes to the CEMP required byto maintain compliance

w ith Condition 10, including for the purposes of

meeting requirements of Regional Council resource

consents, the CEMP must be submitted to the Territorial

Local Authorities for technical certification. Certification

may be undertaken as part of the Outline Plan approval

process where the CEMP is submitted w ith an Outline

Plan in accordance with Condition 5 or [5A].

Nil. This Condition is no longer

proposed by the S42A Officers.

Landscape, Visual Amenity and Nat ural Character

11. Cult ural and Environmental and Cultural Design

Framework

Any outline or plans prepared and submitted in

accordance with section 176A of the RMA, and

consistent w ith Condition 5, must describe the

outcomes of a review of the particular design or

construction matter being addressed through the

completion of the ‘design review template’ (attached as

Appendix B to the CEDF) to demonstrate how the design

outcomes set out in the CEDF are achieved, including by

reference to supporting design documents and

management plans, including the LMP and EMP required

by Condition 12 and Condition 17 respectively.

Prior to the commencement of construction, the

Requiring Authority must review and update the

preliminary ECEDF. The updated ECEDF must:

a) be prepared by a suitably qualified and experienced

person;

b) accompany any relevant outline plan prepared in

accordance with Condition 5;

Cult ural and Environmental and Cultural Design

Framework

Prior to the commencement of construction, the The

Requiring Authority must complete an CEDF design

review which incorporates the template that is attached

as Appendix B to the preliminary CEDF review and

update the preliminary ECDF no later than 30 working

days prior to completing the final detailed design. The

completed design review updated ECDF must:

a) be prepared by a suitably qualified and experienced

person;

b) accompany any relevant outline plan prepared in

accordance with Condition 5;

c) be prepared in accordance with the NZ Transport

Agency’s:

i. ‘Urban Design Guidelines: Bridging the Gap

(2013)’;

ii. ‘Landscape Guidelines (Final Draft) September

2014’; and

iii. ‘Bridge Manual (Third Edition, 2016)’;

Both versions require a design

review to be undertaken,

recorded (using the CEDF

Appendix B template) and

provided as part of the outline

plan process.

The S42A Officers’ version

includes additional matters in

proposed clauses (c) and (e).

These are included in the CEDF

so need not be replicated in the

condition itself.

The S42A Officers’ version

requires the design review to be

completed prior to the

completion of final detailed

design.

The S42A Officers’ version

provides for the design review

to take into account the

outcomes of consultation which

repeats the requirements of

36

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

c) be prepared in accordance with the NZ Transport

Agency’s:

i. ‘Urban Design Guidelines: Bridging the Gap

(2013)’;

ii. ‘Landscape Guidelines (Final Draft) September

2014’; and

iii. ‘Bridge Manual (Third Edition, 2016)’;

d) take into account the outcomes of consultation with

tangata whenua, the Community Liaison Group

established under Condition 8, the Department of

Conservation, the Councils, Horizons, the QEII

National Trust, the Te Āpiti Manawatū Gorge

Governance Group and Meridian; and

e) demonstrate as a minimum, including through the

completion of the design review template (attached

as Appendix B to the preliminary ECEDF) how the

‘Emerging Design Outcomes’ in Chapter 3 of the

preliminary ECEDF are achieved. This may be by

reference to supporting design documents and

management plans, including the LMP and EMP

required by Condition 12 and Condition 17

respectively; and

f) include design outcomes that are specific to the

area around the western and eastern roundabouts

and that provide a description of landscape design

for the purpose of signalling a change in speed

environment and encouraging road users to

accelerate and brake gradually.

ca) demonstrate, as a minimum, including through the

completion of the design review template (attached as

Appendix B to the preliminary CEDF), how the ‘Corridor

Design Principles’ in Chapter 2 and the ‘Emerging

Design Outcomes’ in Chapter 3 of the CEDF are given

effect to in the Project design. This must be by

reference to supporting design documents and

management plans, including the LMP and EMP required

by Condition 12 and Condition 17 respectively.

d) take into account the outcomes of consultation w ith

tangata whenua, the Department of Conservation, the

Territorial Authorities Councils, Horizons Manawatu-

Whanganui Regional Council, the QEII National Trust, the

Te A piti Manawatu Gorge Governance Group, the

Community Liaison Group established under Condition 8

and Meridian that has occurred since preparation of the

Preliminary ECDF submitted w ith the NOR application;.;

and and

e) include design outcomes that are specific to the area

around the western and eastern roundabouts and that

provide a description of landscape design for the

purpose of signalling a change in speed environment

and encouraging road users to accelerate and brake

gradually; and

e) demonstrate how the design is consistent w ith the

conditions of this designation.

demonstrate as a minimum, including through the

completion of the design review template (attached as

Appendix B to the preliminary ECDF) how the ‘Emerging

Design Outcomes’ in Chapter 3 of the preliminary ECDF

are achieved. This may be by reference to supporting

design documents and management plans, including the

LMP and EMP required by Condition 12 and Condition 17

respectively.

other conditions (relating to the

preparation of management

plans, the outline plan process

and the CLG). The Transport

Agency’s view and experience is

that consultation on detailed

design matters / outcomes is

more meaningful and helpful

than consulting on design

frameworks.

37

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

12. Landscape Management Plan

Prior to the commencement of construction, the

Requiring Authority must prepare a Landscape

Management Plan (“LMP”) to address the potential

adverse effects of the Project on landscape, visual

amenity and natural character values. The Landscape

Management Plan forms part of the CEMP required by

Condition 10 and must:

a) be prepared by a suitably qualified and experienced

person;

b) accompany any relevant outline plan prepared in

accordance with Condition 5;

c) be consistent w ith, and implement the outcomes of,

the ECEDF, including as updated prepared in

accordance with Condition 11;

d) take into account the outcomes of consultation with

the Project Iw i Partners tangata whenua, the

Community Liaison Group established by Condition

8, the Department of Conservation, the Councils,

Horizons, the QEII National Trust, the Te Āpiti

Manawatū Gorge Governance Group and Meridian;

and

e) as a minimum:

i. describe how permanent works, such as

earthworked areas, are integrated into the

surrounding landscape and topography,

including (but not limited to) the restoration of

areas used for temporary work and construction

yards and the opportunity for the permanent

exposure of valuable geological profiles to

provide geosites;

ii. describe how vegetation that is to be retained is

identified and protected and retired from

Landscape Management Plan

Prior to the commencement of construction, the

Requiring Authority must prepare a Landscape

Management Plan (“LMP”) to address the potential

adverse effects of the Project on landscape, visual

amenity and natural character values by describing the

integration of the Project’s permanent works into the

surrounding landscape and establishing the

requirements for landscape mitigation works. The

Landscape Management Plan forms part of the CEMP

required by Condition 10 and must:

a) be prepared by a suitably qualified and experienced

person;

b) accompany any relevant outline plan prepared in

accordance with Condition 5;

c) be prepared in accordance with the NZ Transport

Agency’s:

i. ‘Urban Design Guidelines: Bridging the Gap

(2013)’;

ii. ‘Landscape Guidelines (Final Draft) September

2014’;

iii. ‘Bridge Manual (Third Edition, 2016)’;

dc) demonstrate, through the completion of the ‘design

review template’ (attached as Appendix B to the CEDF)

how the design outcomes set out in the CEDF are

achieved; be consistent w ith, and implement the

outcomes of, the ECDF, including as updated in

accordance with Condition 11;

ed) take into account the outcomes of consultation with

tangata whenua, the Department of Conservation, the

Territorial Authorities Councils, Manawatū-Whanganui

Regional Council Horizons, the QEII National Trust, the

Te A piti Manawatū Gorge Governance Group, the

The S42A Officers’ version lists

a range of Transport Agency

design guidance documents in

clause (c). The Transport

Agency version does not list

these documents, however the

CEDF describes in greater detail

how these guidance documents

direct design.

The S42A Officers’ version

requires the completion of the

‘design review template’

included in the CEDF. The same

outcome is achieved by the

Transport Agency’s Condition

11.

The Transport Agency version

includes a further property in

clause (f), as agreed w ith

Meridian.

The S42A Officers’ version

includes a future sub-clause (v)

in clause (f) that provides for

planting w ithin areas of existing

vegetation habitat types that are

expected to grow higher than

1.5m in the Te Āpiti w ind farm

site. In this regard, the S42A

Officers’ version notes “that this

condition is still being

negotiated with Meridian and

this suggested change will need

to be taken into account in

those discussions”. This

38

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

grazing, including by physical protection through

stock exclusion and fencing;

iii. with reference to the ‘Landscape Sectors and

Focus Areas’ set out in Chapter 4 of the

preliminary ECEDF, describe proposed planting

including:

A. plant species, plant/grass mixes, seed/plant

sources and sizes (at time of planting);

B. plant layout, spacing and densities;

C. planting methods, including ground

preparation, mulching and any trials;

D. plant and animal pest management

strategies;

E. a planting programme that is staged w ith

reference to the construction programme and

requires planting to be completed within the

three planting seasons of the completion of

construction in any given Landscape Sector;

and

F. measures to monitor and manage all planting

so that plants establish and those that fail to

establish are replaced over a 5 year period or

in the case of mass plantings, until 80%

canopy cover is achieved;

G. the nature and location of planting to

stream/riparian and wetland margins to

restore natural character values;

iv. describe proposed planting at 75 Hope Road,

developed in consultation w ith the owners of 75

Hope Road, to screen views of the new road;

v. subject to reasonable access and land

availability, describe the design and landscape

Community Liaison Group established by Condition 8

and Meridian; and

fe) as a minimum:

a) describe how permanent works, such as earthworked

areas, are integrated into the surrounding landscape

and topography, including (but not limited to) the

restoration of areas used for temporary work and

construction yards and the permanent exposure of

valuable geological profiles to provide geosites;

b) describe how vegetation that is to be retained is

identified and protected and retired from grazing,

including by physical protection through stock

exclusion and fencing;

c) with reference to the ‘Landscape Sectors and Focus

Areas’ set out in Chapter 4 of the preliminary CEDF,

describe proposed planting including:

A. plant species, plant/grass mixes, seed/plant

sources and sizes (at time of planting);

B. plant layout, spacing and densities;

C. planting methods, including ground

preparation, mulching and any trials;

D. plant and animal pest management

strategies;

E. a planting programme that is staged w ith

reference to the construction programme and

requires planting to be completed within the

three planting seasons of the completion of

construction in any given Landscape Sector;

and

F. measures to monitor and manage all planting

so that plants establish and those that fail to

establish are replaced over a 5 year period or

suggested change has not been

agreed w ith Meridian.

39

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

treatment, developed in consultation w ith the

owners of 1213 Fitzherbert East Road, of an

enhanced earth bund extending along boundary

of 1213 Fitzherbert East Road w ithin the limit of

the works for the purpose of noise mitigation

and screening;

vi. subject to reasonable access and land

availability, describe the design and landscape

treatment of an earth bund (developed in

consultation w ith the owner/s of 49846 State

Highway 3, Woodville) extending along the

roadside boundary of 49846 State Highway 3 for

the purpose of noise mitigation and screening;

vii. confirm that the earth bunds required by clause

(e)(v) and (vi) must be completed within a year of

construction activities commencing (provided the

land owner agrees and provides reasonable

access, and land is available);

viii. give particular consideration to:

A. the integration of works required by the LMP

w ith the replacement and offset planting

required by Condition 13, and managed by

Condition 17 (such that planting required by

Condition 13 may also be considered to

achieve the outcomes of the ECEDF and LMP;

B. minimising effects of any planting w ithin the

Te Āpiti w ind farm on the w ind environment,

where such effects impact on the power

output of a Te Āpiti w ind farm turbine or

turbine; and

C. opportunities for planting to stream/riparian

and wetland margins to restore natural

character values.

in the case of mass plantings, until 80%

canopy cover is achieved;

G. the nature and location of planting to

stream/riparian and wetland margins to

restore natural character values;

d) describe proposed planting at 75 Hope Road,

developed in consultation w ith the owners of 75

Hope Road, to screen views of the new road;

e) demonstrate: Give particular consideration to:

A. the integration of works required by the LMP

w ith the replacement and offset planting

required by Condition 13, and managed by

Condition 17 (such that planting required by

Condition 13 may also be considered to

achieve the outcomes of the CEDF and LMP;

B. minimising effects of any planting w ithin the

Te A piti w ind farm on the w ind environment,

where such effects impact on the power

output of a Te A piti w ind farm turbine or

turbine; and

C. opportunities for planting to stream/riparian

and wetland margins to restore natural

character values.

) Planting required by the LMP w ithin a portion of the

Te Āpiti w ind farm indicated by property reference

numbers 9, 10, 11, and 12 on Land Requirement Plan

LR-11 must be:

i. w ithin the designation boundary; and

ii. must not exceed a height of 1.5 metres at

maturity;

except where:

iii. the planting is for the restoration of areas subject

to QEII Trust open space covenants at 31 October

40

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

f) Planting required by the LMP w ithin a portion of the

Te Āpiti w ind farm indicated by property reference

numbers 8, 9, 10, 11, and 12 on Land Requirement

Plan LR-11 must be:

i. w ithin the designation boundary; and

ii. must not exceed a height of 1.5 metres at

maturity;

except where:

iii. the planting is for the restoration of areas

subject to QEII Trust open space covenants at 31

October 2018 and shown on Plan C-06 (where

the planting is in of a similar location scale and

as exists on 31 October 2018 and Meridian is

consulted in respect of the species proposed to

be planted); or

iv. the requirements of clauses (i) or (ii) are not met

and Meridian Energy Limited provides the

Requiring Authorty w ith its written consent to

such planting.

2018 and shown on Plan C-06 (where the planting

is in of a similar location scale and as exists on 31

October 2018 and Meridian is consulted in

respect of the species proposed to be planted); or

iv. the requirements of clauses (i) or (ii) are not met

and Meridian Energy Limited provides the

Requiring Authorty w ith its written consent to

such planting; or

v. the planting is w ithin areas of existing vegetation

habitat types that are expected to grow higher

than 1.5m.

Noise bunds

a) An earth bund must be designed and constructed

for 1213 Fitzherbert East Road for the purpose of

mitigating and screening the property from

operational road noise. The design must be

undertaken in consultation w ith the

owners/occupiers of the property.

b) An earth bund must be designed and constructed for

49846 State Highway 3, Woodville, for the purpose of

mitigating and screening the property from

operational road noise. The design must be

undertaken in consultation w ith the

owners/occupiers of the property.

c) A suitably qualified and experienced person shall

design the noise bunds provided for 1213 Fitzherbert

East Road and 49846 State Highway 3 required by a)

and b) to ensure that the best practicable option is

adopted to mitigate heavy vehicle engine braking

noise effects on these properties.

No material difference. The

Transport Agency version

provides for same outcome in

Condition 12(e)(v) and (vi).

The Transport Agency version

includes a timeframe for

implementation, while the S42A

Officers’ version requires the

design to be undertaken by a

suitably qualified and

experienced person.

This Condition is numbered

12A in the S42A Officers’

version.

Terrest rial Ecology

13. Replacement and offset planting

Replacement and offset planting must:

Replacement and offset planting

Replacement and offset planting must:

Material differences are limited

to:

41

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

a) be provided in accordance with the environmental

compensation ratios (“ECRs”) in the follow ing table,

except that where vegetation clearance is less than

the maximum area, the minimum area for

replacement planting can be revised proportionately

and in accordance with the environmental

compensation ratios (“ECR”) applied to slope-

corrected measures of affected vegetation:

Ecosystem

type

Maximum

area (ha)

ECR Replaceme

nt/ offset

planting

area (ha)

Replacement planting

Secondary

broadleaved

forests with old-

growth

signatures

3.07 5 15.35

Old-growth

treelands

0.41 5 2.05

Kānuka forests 4.521.59 5 22.67.95

Advanced

secondary

broadleaved

forests

2.930.98 45 11.724.88

Secondary

broadleaved

forests and

scrublands

16.3246 3 48.9649.38

Mānuka and

kānuka

shrublands

4.04 1.5 6.06

Mānuka, kanuka

and

4.120.33 13 4.120.99

a) be provided in accordance with the environmental

compensation ratios (“ECRs”) set out in the follow ing

table., except that wWhere vegetation or habitat

clearance is less than the maximum area (in Column A),

the minimum area of for replacement planting must be

calculated by multiplying the slope-corrected area of

affected vegetation by the ratio specified in Column B

for the relevant ecosystem type. can be revised

proportionately and in accordance with the

environmental compensation ratios (“ECR”) applied to

slope-corrected measures of affected vegetation:

A B C

Ecosystem

type

Maximum

area of

vegetation

or habitat

able to be

damaged or

destroyed

(ha)

Area of

vegetation

or habitat

to be

planted for

every 1

hectare of

vegetation

or habitat

damaged or

destroyed

(ECR) (ha)

Total area

of

vegetation

or habitat

to be

planted

assuming

maximum

area

damaged or

destroyed

(maximum

offset

planting

area) (ha)

Replacement planting

Secondary

broadleaved

forests with

old-growth

signatures

3.07 5 15.35

Old-growth

treelands

0.41 5 2.05

- the Transport Agency version

including a further property in

clause (d), as agreed w ith

Meridian;

- the S42A Officers’ version

including a requirement for the

maximum area of exotic

dominated wetland for removal

to be reviewed, whereas the

Transport Agency version

provides for this review in

proposed Condition 5(e)(iii); and

- the S42A Officers’ version

requires a consideration of

edges and gap planting in

clause (f), whereas the

Transport Agency version

addresses edge and gap

planting in Condition 17.

42

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

dDivaricating

shrublands

Offset planting

Old-growth

forests (alluvial)

0.15 12 1.8

Old-growth

forests (hill

country)

1.0 10 10

Raupō

dominated

seepage

wetlands (high

value)

0.13 4 0.52

Indigenous-

dominated

seepage

wetlands

(moderate

value)

0.561.12 23 1.123.36

Exotic -

dominated

seepage

wetlands (low

value)

2.74 1.5 4.11

b) include the planting of swamp maire at the

follow ing rates:

i. 1:100 swamp maire must be planted where:

A. more than 10% of live growth is pruned

from a swamp maire; and

B. where the extent of pruning is

determined by a suitably qualified

arborist;

ii. 1:200 where a swamp maire inadvertently dies

as a result of nearby construction activities.

Kānuka

forests

4.521.59 5 22.67.95

Advanced

secondary

broadleaved

forests

2.930.98 4 5 11.723.90

4.88

Secondary

broadleaved

forests and

scrublands

16.3246 3 48.9649.38

Mānuka and

kānuka

shrublands

4.04 1 1.5 4.04

Mānuka,

kanuka and

dDivaricating

shrublands

4.120.33 13 4.120.99

Offset planting

Old-growth

forests

(alluvial)

0.15 12 1.8

Old-growth

forests (hill

country)

1.0 10 10

Raupō

dominated

seepage

wetlands

(high value)

0.13 4 0.52

Indigenous-

dominated

seepage

wetlands

0.561.12 3 2 1.122.25

3.36

43

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

c) include the planting of ramarama at a rate of 1:100

where any ramarama greater than 15 centimetres

tall located outside of the Ramarama Protection

Area (shown on Figure B in the Statement of

Evidence of Dr Forbes dated 8 March 2019) is

removed as a result of construction activities.

d) not be located w ithin a portion of the Te Āpiti w ind

farm indicated by property reference numbers 8, 9,

10, 11, and 12 on Land Requirement Plan LR-11

except where:

i. Meridian Energy Limited provides the Requiring

Authority w ith its written consent to such

planting; or

ii. the planting is for the restoration of areas

subject to QEII Trust open space covenants at

31 October 2018 and shown on Plan C-06

(where the planting is in of a similar location

scale and as exists on 31 October 2018 and

Meridian is consulted in respect of the species

proposed to be planted).

(moderate

value)

Exotic -

dominated

seepage

wetlands

(low value)

2.74 1 1.5 2.74 4.11

b) include the planting of swamp maire at the follow ing

rates:

i. 1:100 swamp maire trees must be planted for

every 1 existing swamp maire tree affected must

be planted where:

A. more than 10% of live growth is pruned

from a swamp maire; and

B. where the extent of pruning is determined

by a suitably qualified arborist;

ii. 1:200 swamp maire trees must be planted for

every 1 existing swamp maire tree where a

swamp maire inadvertently dies as a result of

nearby construction activities, enabling works or

the ongoing operation of the Project.

c) include the planting of ramarama at a rate of 1:100

where any ramarama greater than 15 centimetres

tall located outside of the Ramarama Protection

Area (shown on Figure B in the Statement of

Evidence of Dr Forbes dated 8 March 2019) is

removed as a result of construction activities.

d) not be located w ithin a portion of the Te Āpiti w ind

farm indicated by property reference numbers 9,

10, 11, and 12 on Land Requirement Plan LR-11

except where:

44

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

i. Meridian Energy Limited provides the Requiring

Authority w ith its written consent to such

planting; or

ii. the planting is for the restoration of areas

subject to QEII Trust open space covenants at

31 October 2018 and shown on Plan C-06

(where the planting is of in a similar location

scale and as exists on 31 October 2018 and

Meridian is consulted in respect of the species

proposed to be planted).

e) the maximum area of exotic dominated wetland

able to be damaged or destroyed (in Column A of

the table above) must be updated to include any

additional exotic dominated wetland identified in

the wetland survey undertaken in accordance with

Condition 5(D)(V).

f) determine the quantum of edge effect and quantity

of gap plantings required to address these effects.

[Condition w ill require input from Meridian regarding

replacement and offset planting w ithin the Te Āpiti

w indfarm].

14. Lizards

Prior to the commencement of construction, the

Requiring Authority must prepare a Lizard Management

Plan to manage avoid, remedy or mitigate the potential

adverse effects of the Project on lizards. The Lizard

Management Plan must form part of the EMP required by

Condition 17 and:

a) be prepared by a suitably qualified and experienced

ecologist;

b) take into account the outcomes of any consultation

w ith the Project Iw i Partners tangata whenua and the

Department of Conservation;

Lizards

At least 30 working days Pprior to the commencement

of construction (including enabling works), the

Requiring Authority must prepare, and submit to the

relevant Territorial Authority for technical certification, a

Lizard Management Plan to manage avoid, remedy or

mitigate the potential adverse effects of the Project on

lizards. The certified Lizard Management Plan must form

part of the EMP required by Condition 17 and:

a) be prepared by a suitably qualified and experienced

ecologist;

Material differences are limited

to the S42A Officers’ version

including a requirement for the

Lizard Management Plan to be

prepared prior to enabling

works and for ‘transfer’ to be

included in clause (c).

45

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

c) describe the methodology for survey, salvage and

release, including the identification of potential

habitats for survey and planned and opportunistic

relocations;

d) identify release sites (which may include the

Manawatū Gorge Scenic Reserve, subject to

permission being granted by the Department of

Conservation) and confirm any works necessary to

protect such sites from predation or disturbance

(when the sites are not in the Manawatū Gorge

Scenic Reserve); and

e) be updated to achieve consistency with any

authorisation given by the Director-General of

Conservation under section 53 of the Wildlife Act

1953 where any such authorisation is required.

b) take into account the outcomes of any consultation

w ith the Project Iw i Partners tangata whenua and the

Department of Conservation;

c) describe the methodology for survey, salvage,

transfer and release, including the identification of

potential habitats for survey and planned and

opportunistic relocations;

d) identify release sites (which may include the

Manawatu Gorge Scenic Reserve, subject to

permission being granted by the Department of

Conservation) and confirm any works necessary to

protect such sites from predation or disturbance

(when the sites are not in the Manawatu Gorge Scenic

Reserve); and

e) be updated to achieve consistency with any

authorisation given by the Director- General of

Conservation under section 53 of the Wildlife Act

1953.

Any changes made to the Lizard Management Plan must

be submitted to the relevant Territorial Authority for

technical certification, at least ten working days prior to

the changes taking effect.

15. Bat s

a) Prior to the commencement of construction and

between the months of November to March, the

Requiring Authority must engage a suitably qualified

and experienced person to undertake a bioacoustic

survey. The survey methodology will be agreed w ith

the Department of Conservation.

b) Where the investigations required by clause (a)

identify the presence of bats in the designation, the

Requiring Authority must prepare a Bat Management

Plan to manage avoid, remedy or mitigate the

potential adverse effects of the Project on bats. The

Bat s

a) Prior to the commencement of construction

(including enabling works), and between the months

of November to March, tThe Requiring Authority

must engage a suitably qualified and experienced

person to undertake a bioacoustic survey prior to the

commencement of construction (including enabling

works) and between the months of November to

March. The survey w ill be undertaken in accordance

w ith a methodology will be agreed w ith the

Department of Conservation.

Material differences limited to

the S42A Officers’ version

including a requirement to

avoid bat roosts.

It is noted that the surveys

required by clause (a) have been

undertaken and the preliminary

outputs from those surveys

have not identified the presence

of bats.

46

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Bat Management Plan must form part of the EMP

required by Condition 17 and:

i. be prepared by a suitably qualified and

experienced ecologist;

ii. take into account the outcomes of any

consultation w ith the Project Iw i Partners

tangata whenua and the Department of

Conservation;

iii. include procedures for bat roost removal

(including measures to retain and monitor any

active roosting site);

iv. where necessary, set out an approach to

habitat replacement and pest control; and

v. be updated to achieve consistency with any

authorisation given by the Director-General of

Conservation under section 53 of the Wildlife

Act 1953 where any such authorisation is

required.

b) Where the investigations required by clause (a)

identify the presence of bats in the designation, the

Requiring Authority must prepare a Bat Management

Plan to manage avoid, remedy or mitigate the

potential adverse effects of the Project on bats. The

Bat Management Plan must form part of the EMP

required by Condition 17 and:

i. be prepared by a suitably qualified and

experienced ecologist;

ii. take into account the outcomes of any

consultation w ith the Project Iw i Partners tangata

whenua and the Department of Conservation;

iii. include procedures to avoid any bat roost/s

removal (including measures to retain and

monitor any active roosting site);

iv. where necessary, set out an approach to habitat

replacement and pest control; and

v. be updated to achieve consistency with any

authorisation given by the Director- General of

Conservation under section 53 of the Wildlife Act

1953.

16. Avifauna

Prior to the commencement of construction, the

Requiring Authority must prepare an Avifauna

Management Plan to manage avoid, remedy or mitigate

the potential adverse effects of the Project on avifauna.

The Avifauna Management Plan must form part of the

EMP required by Condition 17 and:

a) be prepared by a suitably qualified and experienced

ecologist;

b) take into account the outcomes of any consultation

w ith the Project Iw i Partners tangata whenua and the

Department of Conservation;

Avifauna

Prior to the commencement of construction, the

Requiring Authority must prepare an Avifauna

Management Plan to manage avoid, remedy or mitigate

the potential adverse effects of the Project on avifauna.

The Avifauna Management Plan must form part of the

EMP required by Condition 17 and:

a) be prepared by a suitably qualified and experienced

ecologist;

b) take into account the outcomes of any consultation

w ith the Project Iw i Partners tangata whenua and the

Department of Conservation;

No material differences.

47

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

c) in the Manawatū River riverbed:

i. describe the measures necessary (prior to the

July to March breeding season) to deter black-

fronted dotterels and banded dotterels from

nesting;

ii. set out the methodology for a pre-construction

survey to identify any nesting dotterels;

iii. if nesting dotterels are present, in accordance

with the NZ Transport Agency’s ‘Guidance in

relation to New Zealand dotterels on NZTA land’

dated November 2012require either:

A. require the establishment an exclusion area

around the nesting area w ithin which works

may not be undertaken until nesting activities

are completed; or and

B. provide for the relocation (by herding) of the

dotterels that are not actively nesting, under

the supervision of a suitably qualified and

experienced person;

d) for any vegetation clearance between the months of

September and January in potential whitehead

nesting habitats the old-growth forests (alluvial) and

old-growth forests (hill country), as shown on the

Designation Plans D-01 to D-10:

i. set out the methodology for a pre-construction

survey to identify any nesting whiteheads;

ii. if nesting whiteheads are present, require the

establishment of an exclusion area around the

tree containing the nest and immediately

adjacent trees w ithin which works may not be

undertaken until nesting activities are

completed.

e) for any clearance or mowing of rank grass between

the months of August and March:

c) in the Manawatu River riverbed:

i. describe the measures necessary (prior to the July

to March breeding season) to deter black-fronted

dotterels and banded dotterels from nesting;

ii. set out the methodology for a pre-construction

survey to identify any nesting dotterels;

iii. if nesting dotterels are present, in accordance

with the NZ Transport Agency’s ‘Guidance in

relation to New Zealand dotterels on NZTA land’

dated November 2012 require either:

A. require the establishment an exclusion area

around the nesting area w ithin which works

may not be undertaken until nesting

activities are completed; or and

B. provide for the relocation (by herding) (by

driving away) of the dotterels that are not

actively nesting, under the supervision of a

suitably qualified and experienced person;

d) for any vegetation clearance between the months of

September and January including in the old-growth

forests (alluvial) and old-growth forests (hill country),

scrub, shrublands and exotic forests, as shown on

the Designation Plans D-01 to D-10:

i. set out the methodology for a pre-

construction survey to identify any

nesting whiteheads;

ii. if nesting whiteheads are present,

require the establishment of an

exclusion area around the tree

containing the nest and immediately

177adjacent trees w ithin which works

may not be undertaken until nesting

activities are completed.

48

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

i. set out the methodology for a pre-construction

survey to identify any nesting pipit;

ii. if nesting pipit are present, require the

establishment of an exclusion area around the

nesting area w ithin which works may not be

undertaken until nesting activities are

completed.

f) prior to any works occurring in the raupō dominated

seepage wetlands, as shown on Designation Plan D-

02, set out the methodology for a pre-construction

survey for cryptic bird species. If nesting cryptic bird

species are present, require the establishment of an

exclusion area around the nesting area w ithin which

works may not be undertaken until nesting activities

are completed.

g) consider opportunities to minimise disturbance to

the freshwater ponds located between CH9200 and

CH9600 in order to maintain possible habitat for

Australian coot and New Zealand dabchick.

h) be updated to achieve consistency with any

authorisation given by the Director-General of

Conservation under section 53 of the Wildlife Act

1953 where any such authorisation is required.

d) for any clearance or mowing of rank grass between

the months of August and March:

i. set out the methodology for a pre-construction

survey to identify any nesting pipit;

ii. if nesting pipit are present, require the

establishment of an exclusion area around the

nesting area w ithin which works may not be

undertaken until nesting activities are

completed.

f) prior to any works occurring in the raupo dominated

seepage wetlands, as shown on Designation Plan D-

02, set out the methodology for a pre-construction

survey for cryptic bird species. If nesting cryptic bird

species are present, require the establishment of an

exclusion area around the nesting area w ithin which

works may not be undertaken until nesting activities

are completed.

g) consider opportunities to minimise disturbance to

the freshwater ponds located between CH9200 and

CH9600 in order to maintain possible habitat for

Australian coot and New Zealand dabchick.

h) be updated to achieve consistency with any

authorisation given by the Director- General of

Conservation under section 53 of the Wildlife Act

1953.

16A. Terrest rial Invertebrates

a) Prior to the commencement of construction, the

Requiring Authority must undertake preconstruction

surveys to determine:

i. invertebrate community composition; and

ii. the presence of ‘at risk’ or ‘threatened’ taxa (as

defined by the Department of Conservation’s

New Zealand Threat Classification System).

Terrest rial Invertebrates

a) Prior to the commencement of construction, the

Requiring Authority must undertake preconstruction

surveys to determine:

i. invertebrate community composition; and

ii. the presence of ‘at risk’ or ‘threatened’ taxa (as

defined by the Department of Conservation’s

New Zealand Threat Classification System).

Material differences limited to:

- the S42A Officers’ version

including a direction for surveys

to include successional

shrubland habitats located in

and around chainage 9000-

10000 (proposed clause (b)(iv)

in the Officers’ version). The

same outcome is achieved by

49

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

b) The methodology for the surveys required by clause

(a) must be developed in consultation w ith the

Project Iw i Partners tangata whenua and the

Department of Conservation and w ill:

i. w ill inform any mitigation monitoring and any

offsetting proposed under Condition 17(b);

ii. define the timing and locations of surveys; and

iii. set out the appropriate levels of taxonomic

resolution and/or community composition

indices to be applied.

c) Where the surveys required by clause (a) detect the

presence of ‘at-risk’ or ‘threatened’ taxa, the

Requiring Authority must prepare a Terrestrial

Invertebrate Management Plan to manage avoid,

remedy or mitigate the potential adverse effects of

the Project on terrestrial invertebrates. The

Terrestrial Invertebrate Management must form part

of the EMP required by Condition 17 and:

i. be prepared by a suitably qualified and

experienced ecologist;

ii. take into account the outcomes of any

consultation w ith the Project Iw i Partners tangata

whenua and the Department of Conservation;

iii. outline the optimal timing of vegetation

clearance based on the fauna affected;

iv. where appropriate, describe the methods of

direct invertebrate management;

v. identify areas where measures to manage

construction activities apply;

vi. set out approaches to the restoration of

invertebrate taxa/community composition in

planting and retirement areas required by

b) The methodology for the surveys required by clause

(a) must be developed in consultation w ith the

Project Iw i Partners tangata whenua and the

Department of Conservation and:

i. inform any mitigation monitoring and any

offsetting proposed under Condition 17(b);

ii. define the timing and locations of surveys;

iii. set out the appropriate levels of taxonomic

resolution and/or community composition indices

to be applied; and

iv. must include but not be limited to the

successional shrubland habitats located in and

around chainage 9000-10000.

c) Where the surveys required by clause (a) detect the

presence of ‘at-risk’ or ‘threatened’ taxa, the

Requiring Authority must prepare and submit to the

relevant Territorial Authority for technical

certification, a Terrestrial Invertebrate Management

Plan to manage avoid, remedy or mitigate the

potential adverse effects of the Project on terrestrial

invertebrates. The Terrestrial Invertebrate

Management must form part of the EMP required by

Condition 17 and:

i. be prepared by a suitably qualified and

experienced ecologist;

ii. take into account the outcomes of any

consultation w ith the Project Iw i Partners tangata

whenua and the Department of Conservation;

iii. identify the vegetation or habitats that should be

avoided in the first instance;

iv. outline the optimal timing of vegetation clearance

based on the fauna affected;

the generic processes in clauses

(a) and (b) in both versions;

- the S42A Officers’ version at

proposed clause (c) requiring

‘certification’, while the

Transport Agency version

provides for a pre-submission

review process of the EMP (and

accompanying plans) in

Condition 10; and

- the S42A Officers’ version

requiring the identification of

areas to be avoided (proposed

clause (c)(iii) in the Officers’

version), whereas this is

achieved in the Transport

Agency version by Condition

(a)(iii)(H).

50

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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Conditions 13 and 17, including but not limited

to:

A. wood disk steeping stones and long grass

corridors;

B. the salvage and transfer of soils, coarse

woody material or debris and leaf litter; and

C. detailed measures to create and/or restore

habitats for populations of ‘at risk’ or

‘threatened’ taxa impacted by the Pproject;

D. monitoring protocol for populations of ‘at

risk’ or ‘threatened’ taxa impacted by the

Project, where monitoring forms part of the

measures determined by Condition 17(b); and

E. biosecurity measures required in carrying out

these activities.

v. where appropriate, describe the methods of direct

invertebrate management;

vi. identify areas where measures to manage

construction activities apply;

vii. set out approaches to the restoration of

invertebrate taxa/community composition in

planting and retirement areas required by

Conditions 13 and 17, including but not limited

to:

A. wood disk steeping stones and long grass

corridors;

B. the salvage and transfer of soils, coarse woody

material or debris and leaf litter; and

C. detailed measures to create and/or restore

habitats for populations of ‘at risk’ or

‘threatened’ taxa impacted by the project;

D. monitoring protocol for populations of ‘at risk’

or ‘threatened’ taxa impacted by the Project,

where monitoring forms part of the measures

determined by Condition 17(b); and

E. biosecurity measures required in carrying out

these activities.

17. Ecological Management Plan

a) Prior to the commencement of construction, the

Requiring Authority must prepare an Ecological

Management Plan (“EMP”) to address the potential

adverse effects of the Project on ecological and

biodiversity values. The EMP forms part of the CEMP

required by Condition 10 and must:

i. be prepared by a suitably qualified and

experienced person, or persons;

ii. accompany any relevant outline plan prepared in

accordance with Condition 5;

Ecological Management Plan

a) Prior to the commencement of construction, the

Requiring Authority must prepare an Ecological

Management Plan (“EMP”) to address the potential

adverse effects of the Project on ecological and

biodiversity values. The EMP forms part of the CEMP

required by Condition 10 and must:

i. be prepared by a suitably qualified and

experienced person, or persons;

ii. accompany any relevant outline plan prepared in

accordance with Condition 5;

Material differences are limited

to:

- the S42A Officers’ version

including, at clause (a)(iii)(C), a

requirement for the preparation

of an Offset Planting and

Management Plan, which is not

included the Transport Agency

version of conditions as such a

plan replicates the requirement

of the EMP itself.

51

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NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

iii. as a minimum:

A. summarise the terrestrial ecology and

biodiversity values and effects of the Project;

B. take into account the outcomes of any

consultation w ith the Project Iw i Partners

tangata whenua, the Department of

Conservation, the Te Āpiti Manawatū Gorge

Governance Group and any other party having a

direct interest in the land subject to

replacement and offset planting required by

Condition 13;

C. include the bat, lizard, and avifauna and

terrestrial invertebrate management plans

required by Conditions 14, 15, 16 and 16A;

D. detail how vegetation to be removed will

identified on site;

E. set out site staff induction procedures in

respect of ecological requirements, including

measures to prevent the introduction of pest

plants;

F. consider opportunities for:

the reuse of natural materials and felled

trees by the Project Iw i Partners tangata

whenua; and

community participation in planting;

G. provide for the salvage and transfer of soils,

coarse woody material or debris and leaf litter

for use in areas of replacement and retirement

planting;

H. confirm the location of, and extent of, areas for

replacement and offset planting required by

Condition 13, and any retirement areas

identified under clause (b) of this Condition,

iii. as a minimum:

A. summarise the terrestrial ecology and

biodiversity values and effects of the Project;

B. take into account the outcomes of any

consultation w ith the Project Iw i Partners

tangata whenua, the Department of

Conservation, the Te Āpiti Manawatū Gorge

Governance Group and any other party having

a direct interest in the land subject to

replacement and offset planting required by

Condition 13;

C. include the Offset Planting and Management,

bat, lizard and avifauna and terrestrial

invertebrate management plans required by

Conditions 13A, 14, 15, 16 and 16A;

D. detail how vegetation to be removed will

identified on site;

E. set out site staff induction procedures in

respect of ecological requirements, including

measures to prevent the introduction of pest

plants;

F. consider opportunities for:

the reuse of natural materials and felled

trees by the Project Iw i Partners tangata

whenua; and

community participation in planting;

G. provide for the salvage and transfer of soils,

coarse woody material or debris and leaf litter

for use in areas of replacement and retirement

planting;

H. a) confirm the location of, and extent of, areas

for replacement and offset planting required

by Condition 13, and any retirement areas

- the S42A Officers’ version

including, at clause (a)(iii)(H)(XI),

a requirement for the

identification of areas to be

avoided. The Transport Agency

version describes these areas

with reference to the ‘envelope’

conditions; and

- the Transport Agency version

including an additional clause

(b)(iii) in respect of the

management of compensation

and offsetting activities that

have been discussed w ith the Te

Āpiti Governance Group.

52

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

and set out the management of these areas,

including:

legal and physical protection (through stock

exclusion and fencing) in perpetuity;

a requirement for all plants to be eco-

sourced;

a requirement for all planting to be

completed within 3 planting seasons

follow ing the completion of construction;

measures to manage all planting so that

plants establish and those that fail to

establish are replaced;

a requirement for species lists for

divaricating shrubland replacement planting

to include a high representation of the plant

genera Coprosma, Melicytus, Olearia

virgata, Olearia solandri, Muehlenbeckia,

Parsonsia and Rubus, subject to plant

availability;

when w ithin the Te Āpiti w ind farm,

minimising effects of any planting on the

w ind environment, where such effects

impact on the power output of a Te Āpiti

w ind farm turbine or turbines;

canopy gap planting in any areas that are

retired in accordance with clause (b) and any

areas of edge buffer planting;

an animal pest management plan to manage

possums and rats to achieve and maintain a

≤5% residual trap catch/tracking index score

(or equivalent monitoring method);

a plant pest management plan targeting

species that threaten replacement plantings,

identified under clause (b) of this Condition,

and set out the management of these areas,

including:

I. legal and physical protection (through

stock exclusion and fencing) in

perpetuity;

II. a requirement for all plants to be eco-

sourced;

III. a requirement for all planting to be

completed within 3 planting seasons

follow ing the completion of construction;

IV. measures to manage all planting so that

plants establish and those that fail to

establish are replaced;

V. a requirement for species lists for

divaricating shrubland replacement

planting to include a high representation

of the indigenous plant genera/species

Coprosma rhamnoides, Melicytus, Olearia

virgata, Olearia solandri, Muehlenbeckia,

Parsonsia and Rubus, subject to plant

availability;

VI. when w ithin the Te A piti w ind farm,

minimising effects of any planting on the

w ind environment, where such effects

impact on the power output of a Te A piti

w ind farm turbine or turbines;

VII. canopy gap planting in retired any areas

and any areas to address edge effects that

are retired in accordance with clause (I b);

VIII. an animal pest management plan to

manage possums and rats to achieve and

maintain a < 5% residual trap

53

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

forest regeneration, and/or forest

succession in all planting areas and the

regeneration of any retirement areas;

a requirement that replacement planting,

plant maintenance and plant pest

management continues until 80% canopy

cover is achieved in the planting and any

retirement areas.

Identify areas that are avoided to achieve

the requirements of Conditions 5(e)(i), (ii)

and (iii) and 16A.

b) Taking into account the measures to avoid, remedy,

mitigate or offset adverse ecology effects (and

including the measures to be undertaken as

described in the EMP), the Requiring Authority must,

in consultation w ith the Department of Conservation

and the Project Iw i Partners tangata whenua:

i. determine the extent of any further offsetting or

compensation necessary to achieve a net

indigenous biological diversity gain w ith

reference to the direction given by Policy 13-4 of

the Horizons One Plan;

ii. include a process for any revision of the ECRs set

out in Condition 13;

iii. where further offsetting or compensation is

necessary, this may include (but not be limited

to):

A. the retirement of areas (where available)

w ithin the areas shown for this purpose on

Figure 6.A.9 (in Appendix 6.A to Technical

Assessment 6: Terrestrial Ecology);

B. the retirement of additional areas in an

alternative location, additional offset or

catch/tracking index score (or equivalent

monitoring method);

IX. a plant pest management plan targeting

species that threaten replacement

plantings, forest regeneration, and/or

forest succession in all planting areas and

the regeneration of any retirement areas;

X. a requirement that replacement planting,

plant maintenance and plant pest

management continues until 80% canopy

cover is achieved in the planting and any

retirement areas;

XI. identify any areas to be avoided, that are

identified in accordance w ith Conditions

14, 15, 16 and 16A, as ecological

exclusion zones.

b) Taking into account the measures to avoid, remedy,

mitigate or offset adverse ecology effects (and including

the measures to be undertaken as described in the EMP),

the Requiring Authority must, in consultation w ith the

Department of Conservation and the Project Iw i Partners

tangata whenua:

i. determine the extent of any further offsetting or

compensation necessary to achieve a net indigenous

biological diversity gain w ith reference to the

direction given by Policy 13-4 of the Horizons One

Plan;

ii. include a process for any revision of the ECRs set

out in Condition 13;

iii. where further offsetting or compensation is

necessary, this may include (but not be limited to):

A. the retirement of areas (where available) w ithin

the areas shown for this purpose on Figure 6.A.9 (in

54

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

compensation planting and/or additional pest

management measures;

C. activities described in the ‘Te Āpiti –

Manawatū Gorge Biodiversity Management

Plan’ dated 8 August 2017 including, but not

limited to, items that are consistent w ith the

section 4 of the Plan and the follow ing items

listed in section 6.1 of the Plan:

Weed and animal pest survey and

planning;

Weed control

Animal control

Monitoring and reporting

Biodiversity enhancement

Landscape level linkages

ivii. the required offsetting or compensation

activities must be managed, where appropriate,

in accordance with the management framework

set out in the Ecological Management Plan and

Condition 31.

Appendix 6.A to Technical Assessment 6: Terrestrial

Ecology);

B. the retirement of additional areas in an alternative

location, additional offset or compensation planting

and/or additional pest management measures;

C. activities described in the Te Apiti – Manawatu

Gorge Biodiversity Management Plan’ dated 8

August 2017;

Offset Planting and Management Plan

a) Prior to any works affecting areas of indigenous

vegetation that require replacement and offset

planting in accordance with Condition 13, a Offset

Planting and Management Plan shall be prepared by

a suitably qualified and experienced terrestrial

ecologist that includes:

i. identification of areas including legal

boundaries where offsets are to occur;

ii. Details of the species mix, timing, plant spacing

and layout, and size of the plants at time of

planting;

iii. Specifications for ongoing maintenance and

management of planted areas including pest

management;

iv. Details of planting times and staging where

planting needs to occur over a period of time;

v. Details of planting methods, including ground

preparation, mulching and any trials;

vi. Details of species genetic source and

propagation;

vii. Details of how the potential for bird strike from

vehicles using the road w ill be reduced through

plant species selection and proximity of

planting to the road;

The Transport Agency version at

generally provides for the same

matters in Condition 17(a)(iii)(H)

w ith the exception of specific

direction in respect of:

- the management of bird strike

from vehicles;

- species translocation; and

- the security of funds.

This Condition is numbered 13A

in the S42A Officers’ version.

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

viii. Details of any translocation of other species

necessary for that ecosystem type including but

not limited to invertebrates and macrophytes;

ix. Details of legal protection to ensure long term

protection of offset areas;

x. Evidence of secured funds and other resources

to ensure that the offset areas are completed

and maintained;

xi. Fencing and other physical works necessary to

protect planted areas; and

xii. Explanation of how the proposed offsetting

meets the recommendations in the Department

of Conservation Offsetting Guidance and

Maseyk et al. (2018), having particular regard

for ecological equivalence, and the vulnerability,

rarity, and irreplaceability of the affected

habitats.

b) The Offset Planting and Management Plan must be

submitted to the relevant Territorial Authority for

technical certification at least 30 working days prior

to any disturbance to the habitats specified in

Condition 13.

18. At risk or t hreatened flora and fauna discovery

prot ocol

a) In the event of discovery or any ‘at risk’ or

‘threatened’ flora or fauna (as defined by the

Department of Conservation’s New Zealand Threat

Classification System) w ithin the designation that is

not specifically addressed by Conditions 13, 14, 15,

16, 16A or 17, the Requiring Authority must

determine a course of action:

i. based on the advice of a suitably and

experienced qualified ecologist;

At risk or t hreatened flora and fauna discovery

prot ocol

a) In the event of discovery or any ‘at risk’ or

‘threatened’ flora or fauna (as defined by the

Department of Conservation’s New Zealand Threat

Classification System) or significant area of

indigenous habitat or area of significant indigenous

habitat within the designation that is not specifically

addressed by Conditions 13, 14, 15, 16, 16A or 17,

the Requiring Authority must determine a course of

action:

Material differences are limited

to the S42A Officers’ version

including a reference to

‘significant area of indigenous

habitat or area of significant

indigenous habitat’.

This is not included the

Transport Agency version of

conditions as all ecosystems are

identified and mapped and a

process to manage effects on

56

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

ii. w ith reference to the EMP framework;

iii. taking into account the outcomes of any

consultation w ith the Project Iw i Partners

tangata whenua and/or the Department of

Conservation.

b) The Requiring Authority must provide written advice

to Councils setting out the course of action

determined in accordance with clause (a).

i. based on the advice of a suitably qualified and

experienced ecologist;

ii. with reference to the EMP framework;

iii. taking into account the outcomes of any

consultation the Project Iw i Partners tangata

whenua and/or the Department of Conservation.

b) The Requiring Authority must provide written advice

to Councils setting out the course of action

determined in accordance with clause (a).

those through conditions is

proposed.

Construction Noise and Vibration

19. Measurement and assessment – construction noise

Construction noise must, as far as practicable, comply

w ith the follow ing criteria in accordance with NZS

6803:1999:All construction work must be designed and

conducted to ensure that, as far as practicable,

construction noise does not exceed the limits in the

follow ing table. Sound levels must be measured and

assessed in accordance with NZS 6803:1999 Acoustics –

Construction noise as follows (at occupied dwellings):

Time of

Week

Time Period LAeq(15 m in) LAfm ax

Weekdays 0630-0730 55 dB 75 dB

0730-1800 70 dB 85 dB

1800-2000 65 dB 80 dB

2000-0630 45 dB 75 dB

Saturdays 0630-0730 45 dB 75 dB

0730-1800 70 dB 85 dB

1800-2000

0730

45 dB 75 dB

2000-0630 45 dB 75 dB

Measurement Limits and assessment – construction

noise

Construction noise must, as far as practicable, comply

w ith the follow ing criteria in accordance with NZS

6803:1999:

All construction works must be designed and conducted

to ensure that, as far as practicable, construction noise

does not exceed the limits in the follow ing table except

in the circumstances described in Condition [19AB].

Sound levels must be measured and assessed in

accordance with the provisions of NZS 6803:1999

Acoustics – Construction noise.

Time of

Week

Time Period LAeq LAfm ax

Weekdays 0630-0730 55 dB 75 dB

0730-1800 70 dB 85 dB

1800-2000 65 dB 80 dB

2000-0630 45 dB 75 dB

Saturdays 0630-0730 45 dB 75 dB

0730-1800 70 dB 85 dB

Material differences are limited

to the S42A Officers’ version

not including an ‘as far as

practicable’ qualifier and

instead references proposed

Condition 19B in the Officers’

version. This qualifier is

considered to be essential and

is normally included in

construction noise and vibration

management conditions.

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NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Sundays and

Public

Holidays

0630-0730 45 dB 75 dB

0730-1800 55 dB 85 dB

1800-2000

0730

45 dB 75 dB

2000-0630 45 dB 75 dB

1800-2000 45 dB 75 dB

2000-0630 45 dB 75 dB

Sundays and

Public

Holidays

0630-0730 45 dB 75 dB

0730-1800 55 dB 85 dB

1800-2000 45 dB 75 dB

2000-0630 45 dB 75 dB

- Specified Construction noise exceedance

The construction noise limits specified in Condition 19

may be exceeded at dwellings w ithin 200m metres of

the roundabouts proposed at the Ashhurst end and the

Woodville end provided that:

a) The construction works must be undertaken in

accordance with a CNVMP that has been prepared

and certified that specifically identifies measures to

mitigate the construction noise effects on the

dwellings during the periods when the noise limits in

Condition 19 w ill be exceeded; and

b) The CNVMP must:

i. specify how the construction works w ill be

undertaken to minimise the frequency and

duration of any construction noise limits

exceedances; and

ii. what mitigation w ill be provided to address the

noise limit exceedance;

iii. include a complaints management process

designed to resolve concerns raised by affected

dwelling owners and / or occupiers about

construction noise limits exceedances; and

c) The owners and occupiers of the dwellings have been

directly consulted w ith in relation to the anticipated

construction noise exceedances and mitigation

The Transport Agency version

addresses situations where

construction noise limits are

exceeded, including associated

consultation and complaints

management, in the CNVMP

required by Condition 21.

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

options, and in the development of the applicable

CNVMP.

20. Measurement and assessment – construction vibration

Construction vibration must, as far as practicable, comply with the follow ing criteria, where:

a) measurement is in accordance with ISO 4866:2010 Mechanical vibration and shock – Vibration of fixed

structures – Guidelines for the measurement of vibrations and evaluation of their effects on structures; and

b) BS 5228-2 is British Standard BS 5228-2:2009 Code of practice for noise and vibration control on construction

and open sites – Part 2: Vibration; and

c) The Category A construction vibration criteria must be complied w ith as far as practicable. If measured or

predicted vibration from construction activities exceeds the Category A criteria, a suitably qualified and

experienced person must assess and manage construction vibration during those activities. If measured or

predicted vibration from construction activities exceeds the Category B criteria those activities must only

proceed if vibration effects on affected buildings are assessed, monitored and mitigated as set out by a suitably

qualified and experienced person.

Receiver Location Details Category A PPV Category B PPV

Occupied PPFs Inside the building Night 2000h to 0630h 0.3 mm/s 1 mm/s

Day 0630h to 2000h 1 mm/s 5 mm/s

Other occupied

buildings

Inside the building Day 0630h to 2000h 2 mm/s 5 mm/s

Unoccupied buildings Building foundation Vibration transient 5 mm/s BS 5228-2 Table B.2

Vibration continuous 50% of BS 5228-2

Table B.2

Nil

21. Construction Noise and Vibration Management Plan

a) Prior to the commencement of construction

activities, the Requiring Authority must prepare a

Construction Noise and Vibration Management Plan

(“CNVMP”) to demonstrate how compliance with the

criteria in Conditions 19 and 20 w ill be achieved for

the duration of construction of the Project.

Construction Noise and Vibration Management Plan

a) Prior to the commencement of construction activities,

the Requiring Authority must prepare a Construction

Noise and Vibration Management Plan (“CNVMP”) to

demonstrate how compliance with the criteria in

Material differences are limited

to the S42A Officers’ version at

proposed clauses (e) and (f)

requires ‘certification’, while the

Transport Agency version

provides for a pre-submission

review process of the CNVMP in

Condition 10.

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b) The CNVMP must be prepared by a suitably qualified

and experienced person and in general accordance

w ith the requirements of Annex E2 of NZS

6803:1999.

c) The CNVMP forms part of the CEMP required by

Condition 10 and must accompany any relevant

outline plan prepared in accordance with Condition

5.

d) The CNVMP must include, as a minimum:

i. a description of the construction work,

anticipated equipment/processes and their

scheduled durations;

ii. set out the likely construction noise emissions;

iii. the hours of operation, including times and days

when activities causing noise and/or vibration

would occur;

iiiv. the construction noise and vibration criteria for

the Project;

iv. identification of affected houses and other

sensitive locations where noise and vibration

criteria apply;

vi. methods and frequency for monitoring and

reporting on construction noise and vibration;

vii. procedures for maintaining contact w ith

stakeholders, notifying or proposed construction

activities and handling noise and vibration

complaints (consistent w ith the Communications

Plan and complaints register);

viii. a description of alternative mitigation strategies

where compliance w ith the criteria in Condition

19 and 20 may not be achieved;

ix. procedures, developed in consultation w ith

Transpower New Zealand Limited, to manage

Conditions 19 and 20 w ill be achieved for the

duration of construction of the Project.

b) The CNVMP must be prepared by a suitably qualified

and experienced person and in general accordance

w ith the requirements of Annex E2 of NZS

6803:1999.

c) The CNVMP forms part of the CEMP required by

Condition 10 and must accompany any relevant

outline plan prepared in accordance with Condition 5

or 5A.

d) The CNVMP must include, as a minimum:

i. a description of the likely construction noise and

vibration emissions;

ii. a description of the construction work, anticipated

equipment/processes and their scheduled

durations;

ii.iii. the hours of operation, including times and

days when activities causing noise and/or

vibration would occur;

iii.iv. the construction noise and vibration criteria for

the Project;

iv.v. identification of affected houses and other

sensitive locations where noise and vibration

criteria apply;

v.vi. methods and frequency for monitoring and

reporting on construction noise and vibration;

vi.vii. procedures for maintaining contact w ith

stakeholders, notifying or proposed construction

activities and handling noise and vibration

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remedy or mitigate any potential adverse effects

in any instances where the construction vibration

criteria set out in Condition 20 might not be

complied w ith in respect of the Mangamaire –

Woodville A 110kV National Grid transmission

line support structures;

x. procedures, developed in consultation w ith

Meridian Energy Limited, to manage remedy or

mitigate any potential adverse effects in any

instances where the construction vibration

criteria set out in Condition 20 might not be

complied w ith in respect of Te Āpiti w ind farm

turbines;

viixi. construction equipment operator training

procedures and expected construction site

behaviours; and

viiiixii. contact numbers for key construction staff, staff

responsible for noise assessment and council

officers.

complaints (consistent w ith the Communications

Plan and complaints register);

viii a description of alternative mitigation strategies

where compliance w ith the criteria in Condition 19

and 20 may not be achieved;

iix. procedures, developed in consultation w ith

Transpower New Zealand Limited, to manage

remedy or mitigate any potential adverse effects

in any instances where the construction vibration

criteria set out in Condition 20 might not be

complied w ith in respect of the Mangamaire –

Woodville A 110kV National Grid transmission line

support structures;

iiix. procedures, developed in consultation w ith

Meridian Energy Limited, to manage remedy or

mitigate any potential adverse effects in any

instances where the construction vibration criteria

set out in Condition 20 might not be complied

w ith in respect of Te Āpiti w ind farm turbines;

viixi. construction equipment operator training

procedures and expected construction site

behaviours; and

viiiixii. contact numbers for key construction

staff, staff responsible for noise assessment and

council officers.

e) The Construction Noise Vibration Management Plan

must be submitted to the relevant Territorial

Authorities for certification at least 10 working days

prior to construction commencing. Certification may

be undertaken as part of the outline plan approval

process in accordance with condition 5 or 5A.

f) All construction work on the Project (including

enabling works) must be undertaken in accordance

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with the Construction Noise Vibration Management

Plan certified in accordance with e).

Construction Traffic

22. Construction Traffic Management Plan

Prior to the commencement of construction, the

Requiring Authority must prepare a Construction Traffic

Management Plan (“CTMP”) to minimise adverse effects

on property access, traffic safety and efficiency as a

result of construction activities. The CTMP forms part of

the CEMP required by Condition 10 and must, as a

minimum:

a) be prepared by a suitably qualified and experienced

person;

b) accompany any relevant outline plan prepared in

accordance with Condition 5;

c) take into account the outcomes of any consultation

w ith the Community Liaison Group established by

Condition 8 and Councils;

d) set out the numbers, frequencies, routes and timing

of construction traffic movements;

e) identify site access routes and access points for

heavy vehicles and describe measures to:

i. monitor and manage, as necessary, the

movements of heavy vehicles on Saddle Road

during peak times;

ii. manage minimise, as far as practicable, any

adverse effects of the movements of heavy

vehicles accessing the site from Hope Road,

including by:

A. restricting vehicle movements to between the

hours of 0730 and 1800; and

B. consulting w ith the owners/occupiers of 29

Hope Road and 75 Hope Road to identify any

Construction Traffic Management Plan

Prior to the commencement of construction, the

Requiring Authority must prepare a Construction Traffic

Management Plan (“CTMP”) to minimise adverse effects

on property access, traffic safety and efficiency as a

result of construction activities. The CTMP forms part of

the CEMP required by Condition 10 and must, as a

minimum:

a) be prepared by a suitably qualified and experienced

person;

b) accompany any relevant outline plan prepared in

accordance with Condition 5 or 5A;

c) take into account the outcomes of any consultation

w ith the Community Liaison Group established by

Condition 8, the Councils and directly affected

parties in relation to clauses g and h (for the

purposes of this condition, directly affected parties

include, but are not limited to, affected houses and

other sensitive locations identified in Condition 21d)

v);

d) set out the numbers, frequencies, routes and timing

of construction traffic movements;

e) identify site access routes and access points for

heavy vehicles and describe measures to:

i. monitor and manage, as necessary, the

movements of heavy vehicles on Saddle Road

during peak times; and

ii. provide for access to the site to be gained (where

possible) from both sides of the Ruahine Ranges;

The S42A version, in clause (c),

requires consultation w ith

directly affected parties in

Ashhurst and Woodville in

respect of night-time heavy

vehicle movements. The

Transport Agency version

provides for this consultation in

Condition 7(c)(iii)(A).

The Transport Agency version

requires the minimising of

heavy vehicle movements at

Hope Road, while the S42A

Officers’ version requires the

avoidance of Hope Road, Oxford

Road and Pinfold Road.

The S42A Officers’ version

include further requirements for

safety matters in proposed

clauses (e)(iv) and (v).

The Section 42A Officers’

version proposes further

clauses in (k) in respect of

providing for pedestrians and

cyclists.

The Transport Agency version

clarifies that clauses (g) and (h)

relate to construction related

heavy vehicles.

The Section 42A Officers’

version includes an advice note.

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further practicable measures to manage

adverse effects on these properties; and

iii. provide for access to the site to be gained (where

possible) from both sides of the Ruahine Ranges;

f) describe methods to manage local and network w ide

effects of the construction of individual elements of

the Project including, as a minimum, the

roundabout connections at Ashhurst and Woodville

including temporary traffic management measures;

g) describe methods to limit the movement of

construction related heavy vehicles through

Ashhurst at night and peak times, including limiting

night-time movements to oversized loads and

essential movements (such as concrete trucks for

continuous pours);

h) describe methods to limit the movement of

construction related heavy vehicles through

Woodville at night, including limiting night-time

movements to oversized loads and essential

movements (such as concrete trucks for continuous

pours);

i) require all heavy construction vehicles to have

effective noise suppression devices for engine

brakes;

hij) give consideration to opportunities to reduce adverse

effects though:

iAi. use of Kiw iRail’s infrastructure to delivery

construction materials the Manawatū River

bridge site;

iiBii. accelerated construction of the Manawatū

River bridge and Hope Road bridge so that

iii. avoid heavy construction traffic using Hope Road,

Oxford Road and Pinfold Road in accordance with

Condition 22A;

iv. provide safe site access onto Saddle Road at Cook

Road and Morgan Road, including safe passing

opportunities on Saddle Road;

v. safely provide for construction traffic and general

traffic at the intersection between SH3 and

Cambridge Avenue.

f) describe methods to manage local and network w ide

effects of the construction of individual elements of

the Project including, as a minimum, the roundabout

connections at Ashhurst and Woodville including

temporary traffic management measures;

g) describe methods to limit the movement of heavy

vehicles through Ashhurst at night and peak times,

including limiting night-time movements to oversized

loads and essential movements (such as concrete

trucks for continuous pours);

h) describe methods to limit the movement of heavy

vehicles through Woodville at night, including

limiting night-time movements to oversized loads

and essential movements (such as concrete trucks for

continuous pours);

i) require all heavy construction vehicles to have

effective noise suppression devices for engine

brakes;

jh) give consideration to opportunities to reduce adverse

effects though:

A. use of Kiw iRail’s infrastructure to delivery

construction materials the Manawatu River bridge

site;

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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these bridges may be used to access the

site;

ijk) set out how the current provision for pedestrian

and cycling activities is maintained;

jkl) detail measures to provide on-going vehicle access

to private and adjacent properties, including the

Te Āpiti w ind farm and the MGSR, and limit the

adverse effects of construction and severance,

including by forming any new permanent accesses

at the earliest opportunity; and

klm) confirm the management approach to loads on

heavy vehicles, including covering loads of fine

material and the timely removal of any material

deposited or spilled on public roads.

B. accelerated construction of the Manawatu River

bridge and Hope Road bridge so that these

bridges may be used to access the site;

ki) set out how the current provision for pedestrians and

cyclists cycling activities is w ill be safely provided for,

including: maintained;

A) provision of cycling and pedestrian passage onto

and across the Ashhurst Bridge, which may be by

way of speed restrictions for motor vehicles,

traffic flow management measures or the addition

of separated cycling and pedestrian facilities; and

B) cycling and pedestrian passage around the

roundabout construction sites at each end of the

Project.

lj) detail measures to provide on-going vehicle access

to private properties, including the Te Āpiti w ind

farm, and limit the adverse effects of construction

and severance, including by forming any new

permanent accesses at the earliest opportunity; and

mk) confirm the management approach to loads on

heavy vehicles, including covering loads of fine

material and the timely removal of any material

deposited or spilled on public roads.

Advice note: Condition h) is in place to ensure that the

potential conflict between site traffic and road traffic

using the passing bays in the vicinity of Morgan and

Cook Roads is resolved prior to construction

commencing. This may neccessitate changes to the

existing passing lanes and potentially compensation for

the loss of passing opportunities elsewhere.

Routing of heavy construction traffic

a) The follow ing roads must not be used as a route for

access for bulk haulage or heavy construction vehicles

w ith three or more axles:

The Transport Agency version at

clause (e)(ii) requires the

minimising of heavy vehicle

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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i) Hope Road;

ii) Oxford Road;

iii) Pinfold Road.

Advice note: Heavy construction traffic should avoid

Hope Road, Oxford Road and Pinfold Road to avoid

noise, safety and effects on amenity of adjoining

residential properties.

movements accessing the site

from Hope Road.

The S42A Officer’s version

repeats the avoidance

requirement included in

proposed Condition 22(e)(iii) of

the Officers’ version.

This Condition is numbered 22A

in the S42A Officers’ version.

Access to the Department of Conservation estate for

maint enance and operational purposes

Access to land owned or administered by the

Department of Conservation for maintenance and

operational purposes must be maintained at all times

during construction and operation of the Project.

No material difference. The

Transport Agency version, at

clause (l) includes a requirement

for the maintenance of access.

This Condition is numbered 22C

in the S42A Officers’ version.

22B. - Construction site access

All construction site accesses must be designed and

maintained in accordance with the ‘Accessway Standards

and Guidelines’ attached as Appendix 5B to the New

Zealand Transport Agency Planning and Policy Manual.

The Transport Agency does not

include an equivalent proposed

condition and consideration of

these issues would fall to be

considered by the Road

Controlling Authority (COPTTM)

and the CTMP.

22D - Light ing of construction site access points

Lighting must be provided at the point of site access to

public roads that are to be used for construction works

during the hours of darkness (between dusk and dawn).

The Transport Agency does not

include an equivalent proposed

condition. Consideration of

these issues would fall to be

considered by the Road

Controlling Authority (COPTTM)

and the CTMP

Tangat a Whenua Values

23. Tangat a whenua values monitoring and management Tangat a whenua values monitoring and management No material difference in

outcome. The Transport Agency

version requires the matters in

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a) Prior to the commencement of construction, the

Requiring Authority must prepare a Tangata Whenua

Values Monitoring and Management Plan (or Plans).

The Plan (or Plans) must be prepared by a person (or

persons) endorsed by the Project Iw i Partners

tangata whenua.

b) The purpose of the Tangata Whenua Values

Monitoring Plan (or Plans) is to recognise and

provide for the tangata whenua values of the area

and to develop mechanisms and processes to seek

to avoid or minimise potential impacts on those

values through the implementation of agreed

monitoring and mitigation measures.

c) The Tangata Whenua Values Monitoring Plan (or

Plans) must include (but not be limited to):

i. setting out pre-construction activities, including

site dedication;

ii. establishing cultural protocols and procedures

for cultural inductions;

iii. describing specific monitoring activities to be

undertaken;

iv. confirming the roles and responsibilities of

personnel in respect of clauses (i) to (iiiv);

v. approaches to realising opportunities to reuse

natural materials/trees, participation in planting,

fish surveys and/or transfer, species monitoring

and translocation;

vi. setting out the detailed accidental discovery

protocol procedures development under

Condition 24; and

vii. consideration of potential effects on taonga

species, or other species of significance to

tangata whenua, including, but not limited to:

a) Prior to the preparation and submissions of any

outline plan for construction works or enabling

works commencement of construction, the

Requiring Authority must prepare a Tangata Whenua

Values Monitoring and Management Plan (or Plans).

The Plan (or Plans) must be prepared by a person (or

persons) endorsed by the Project Iw i Partners

tangata whenua.

b) The purpose of the Tangata Whenua Values

Monitoring Plan (or Plans) is to recognise and

provide for the tangata whenua values of the area

and to develop mechanisms and processes to seek

to avoid or minimise potential impacts on those

values through the implementation of agreed

monitoring and mitigation measures.

c) The Tangata Whenua Values Monitoring Plan (or

Plans) must include (but not be limited to):

i. setting out pre-construction activities, including

site dedication;

ii. establishing cultural protocols and procedures

for cultural inductions;

iii. describing specific monitoring activities to be

undertaken;

iv. confirming the roles and responsibilities of

personnel in respect of clauses (i) to (iiiv);

v. approaches to realising opportunities to reuse

natural materials/trees, participation in planting,

fish surveys and/or transfer, species monitoring

and translocation;

vi. setting out the detailed accidental discovery

protocol procedures development under

Condition 24; and

clause (c) to be included in

outline plan/s for enabling

works, whereas the S42A

Officers’ version requires the

TWVMMP to be prepared prior

to enabling works outline plan/s

being submitted.

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A. koura;

B. tuna;

C. kererū;

D. parapara (P. brunoniana);

E. tī kōuka;

F. toitoi;

G. karaka;

H. mataī;

I. puku tawai;

J. northern rātā ; and

viii. any other matters or measure to avoid or

mitigate potential impacts on tangata whenua

values, customs and practices.

vii. consideration of potential effects on taonga

species, or other species of significance to

tangata whenua, including, but not limited to:

A. koura;

B. tuna;

C. kererū;

D. parapara (P. brunoniana);

E. tī kōuka;

F. toitoi;

G. karaka;

H. mataī;

I. puku tawai;

J. northern rātā ; and

viii. any other matters or measure to avoid or

mitigate potential impacts on tangata whenua

values, customs and practices.

Archaeology and Historic Heritage

24. Accidental discovery protocol

a) Prior to the commencement of construction

activities, the Requiring Authority must finalise an

accidental discovery protocol to be implemented

in the event of accidental discovery of cultural or

archaeological artefacts during construction of the

Project.

b) The accidental discovery protocol must be

prepared in consultation w ith the tangata whenua

and must include, but not be limited to:

i. details of contractor training regarding the

possible presence of cultural or

archaeological sites or material;

Accidental discovery protocol and archaeological

aut hority

a) b) Prior to the commencement of construction

activities, the Requiring Authority must:

i. obtain any necessary archaeological authorities

required in accordance with s44(a) and granted under

section 48 of the Heritage New Zealand Pouhere Taonga

Act 2014); and

ii. prepare, where one is not already in place as part of

an archaeological authority in accordance with (i),

finalise an accidental discovery protocol to be

implemented, in the event of accidental discovery of

cultural or archaeological artefacts during construction

of the Project.

No material difference. The

Transport Agency version

reflects wording agreed w ith

Heritage New Zealand Pouhere

Taonga.

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ii. general procedures follow ing the accidental

discovery of possible archaeological sites,

kōiw i tangata, w āhi tapu or w āhi taonga,

including the requirement to immediately

cease construction activities in the vicinity

of the discovery and the requirement to

notify parties;

iii. specific procedures in the event that kōiw i

tangata are discovered;

iv. procedures for the custody of taonga

(excluding kōiw i tangata) or material found

at an archaeological site;

v. activities that must be undertaken before

construction activities in the vicinity of the

discovery can recommence, including

appropriate tikanga, recording, recovery of

artefact and consultation.

c) The accidental discovery protocol referred to in

clauses (a) and (b) above does not apply, and need

not be implemented in the event that:

i. an Authority is sought under section 44(a),

and granted under section 48, of the

Heritage New Zealand Pouhere Taonga Act

2014; and

ii. that Authority provides for an accidental

discovery protocol that includes the matters

listed in clauses (a) and (b).

a) Where an area of the designation is not subject to

an archaeological authority (sought under section

44(a), and granted under section 48, of the

Heritage New Zealand Pouhere Taonga Act 2014),

an accidental discovery protocol applies to works

in that area.

c) Any The accidental discovery protocol required

under a) must be prepared in consultation w ith the

tangata whenua and must include, but not be

limited to:

i. details of contractor training regarding the

possible presence of cultural or

archaeological sites or material;

ii. general procedures follow ing the accidental

discovery of possible archaeological sites,

kōiw i tangata, w āhi tapu or w āhi taonga,

including the requirement to immediately

cease construction activities in the vicinity of

the discovery and the requirement to notify

parties;

iii. specific procedures in the event that kōiw i

tangata are discovered;

iv. procedures for the custody of taonga

(excluding ko iw i tangata) or material found

at an archaeological site;

v. activities that must be undertaken before

construction activities in the vicinity of the

discovery can recommence, including

appropriate tikanga, recording, recovery of

artefact and consultation.

d) In the event of kōiw i tangata being discovered,

work must cease immediately in the vicinity of

the remains and the tangata whenua, Heritage

New Zealand Pouhere Taonga, New Zealand Police

and the relevant Territoria l Local Authority must

be contacted.

c) The accidental discovery protocol referred to in

clauses (a) and (b) above does not apply, and need not

be implemented in the event that:

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b) The accidental discovery protocol must be

prepared prior to the commencement of

construction (including enabling works) and in

consultation w ith tangata whenua and Heritage

New Zealand Pouhere Taonga and must include,

but not be limited to:

i. details of contractor training regarding the

possible presence of cultural or

archaeological sites or material;

ii. general procedures follow ing the accidental

discovery of possible archaeological sites,

kōiw i tangata, w āhi tapu or w āhi taonga,

including the requirement to immediately

cease construction activities in the vicinity of

the discovery and the requirement to notify

parties including, but not limited to,

Heritage New Zealand Pouhere Taonga;

iii. specific procedures in the event that kōiw i

tangata are discovered;

iv. procedures for the custody of taonga

(excluding kōiw i tangata) or material found

at an archaeological site; and

v. activities that must be undertaken before

construction activities in the vicinity of the

discovery can recommence, including

appropriate tikanga, recording, recovery of

artefacts and consultation.

i. an Authority is sought under section 44(a), and

granted under section 48, of the Heritage New

Zealand Pouhere Taonga Act 2014; and

ii. that Authority provides for an accidental

discovery protocol that includes the matters

listed in clauses (a) and (b).

Advice Note: There is reasonable cause to suspect the

presence of unrecorded sites w ithin the Project

designation. Evidence of archaeological sites may

include burnt and fire cracked stones, charcoal, rubbish

heaps including shell, bone and/or glass and crockery,

ditches, banks, pits, old building foundations, dams,

artefacts of Maori and European origin or human burials.

If any activity associated with this Project, such as

earthworks, may modify or destroy any archaeological

site(s) (known or unknown}, an authority (consent} from

Heritage New Zealand Pouhere Taonga must be obtained

for the work to proceed lawfully. Under the Heritage

New Zealand Pouhere Taonga Act 2014, it is illegal to

modify or destroy an archaeological site w ithout

obtaining an archaeological authority from Heritage New

Zealand Pouhere Taonga. Heritage New Zealand Pouhere

Taonga and the relevant Territorial Local Authority

should be contacted prior to work commencing on the

subject property. The relevant Regional Archaeologist

can be contacted at [email protected].

Net work Utilities

25. Electrical safe distances clearances

a) Construction activities and structures must be

designed and undertaken to comply w ith the New

Zealand Electrical Code of Practice for Electrical Safe

Distances (NZECP 34:2001).

Electrical safe distances clearances

a) Construction activities and structures must be

designed and undertaken to comply w ith the New

Zealand Electrical Code of Practice for Electrical Safe

Distances (NZECP 34:2001).

No material difference. The

S42A Officers’ version includes

a consequential reference to

proposed Condition 13A

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b) The planting required by, and managed by,

Conditions 12, 13 and 17 must be selected, located

and managed to ensure that it w ill not result in that

vegetation breaching the Electricity (Hazards from

Trees) Regulations 2003, including at full maturity.

b) The planting required by, and managed by,

Conditions 12, 13, 13A and 17 must be selected,

located and managed to ensure that it w ill not result

in that vegetation breaching the Electricity (Hazards

from Trees) Regulations 2003, including at full

maturity.

included in the Officers’

version.

26. Net work Integration Plan

a) Prior to the commencement of construction, the

Requiring Authority must prepare a Network

Integration Plan (“NIP”). The NIP must: to

i. demonstrate how the Project integrates w ith the

existing local road network (including pedestrian

and cycling facilities) and w ith future, planned,

improvements to the network;

ii. confirm that the Project design does not

preclude the future development of the balance

of the Lindauer Arts Trail (Woodville to Manawatū

Gorge walkway) (to the extent possible, given

that there is no precise plan of the Trail); and

iii. The NIP must be prepared in consultation w ith

the relevant road controlling authority and, as a

minimum, include details of proposed works at

the interface between the State highway and the

local road network, including road surfacing,

road markings and signs; and

iv take into account the outcomes of any

consultation w ith the Community Liaison Group

established by Condition 8.

b) Prior to the opening of the new road:

i. the intersections of State Highway 3 with York

Street and Cambridge Avenue must be improved

to redirect traffic onto the new road;

Net work Integration Plan

a) Prior to the commencement of construction, the

Requiring Authority must prepare a Network

Integration Plan (“NIP”) to demonstrate how the

Project integrates w ith the existing local road

network (at least including the existing sections of

SH3 and SH2 from 1270 Napier Road to the Project

route in Ashhurst and from the Project route to

Pinfold Road in Woodville and including pedestrian

and cycling facilities w ithin that network) and w ith

future, planned, improvements to the network. The

NIP must be prepared in consultation w ith the

relevant road controlling authority and, as a

minimum, include details of proposed w orks at the

interface between the State highway and the local

road network, including road surfacing, road

markings and signs.

b) The NIP must take into account the outcomes of any

consultation w ith the Community Liaison Group

established by Condition 8.

c) The NIP must confirm that the Project design does

not preclude the future development of the balance

of the Lindauer Arts Trail (Woodville to Manawatū

Gorge walkway).

d) Without limitation, the NIP must demonstrate how the

follow ing requirements w ill be met:

bi) Prior to the opening of the new road, the

intersections of State Highway 3 w ith York Street

Material differences are that the

Transport Agency version

provides for the route of the

shared path to be determined

(rather than necessarily being

directly alongside the new

road); the Transport Agency

version requires the shared path

to be provided as soon as

reasonably practicable after the

opening of the new road; the

S42A Officers’ version includes

a bracketed clause that directs

the physical extent of the NIP,

and proposed Condition (d)(iii)

includes a consequential

reference to further proposed

conditions included in the

Officers’ version.

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

ii. the existing walkway from Hampson Street,

Woodville must be extended to west of the

eastern roundabout;

iii. pedestrian and cycling facilities must be

provided between the Manawatū Gorge Scenic

Reserve Western car park and the State Highway

3 Ashhurst Bridge; and

iv. the Ashhurst Bridge must be upgraded to

provide improved walking and cycling access,

subject to any necessary resource consents for

the upgrade works being granted.

c) As soon as reasonably practicable, a pedestrian and

cycling facility must be provided between Ashhurst and

Woodville in the form of a separated shared path.

and Cambridge Avenue must be improved to

redirect traffic onto the new road.

ii) Provision of the “shared path” required by

Condition 26D, in accordance with the detailed

design required by Condition 5.

iii) The works required by Conditions 26A, 26B,

26C, 26D, 26E, 26F, 26G, 26H.

e) The Project must be undertaken in accordance with

the NIP.

Prior to the opening of the new road, the Ashhurst

Bridge on State Highway 3 must be improved to provide

a separated pedestrian and cyclist facility.

No material difference.

This Condition is numbered 26B

in the Section 42A Officers’

version and is equivalent to the

Transport Agency version clause

(b)(iv).

Prior to the opening of the new road, a safe, separated,

sealed contraflow shared path must be constructed

along the northern side of SH3 from the intersection of

Cambridge Avenue to the Manawatu Gorge Scenic

Reserve Car Park.

The Transport Agency version at

clause (c) requires a shared path

between Ashhurst and

Woodville to be provided as

soon as practicable after the

opening of the new road;

whereas the S42A Officers’

version would require it to

provided prior to the opening of

the new road. The Transport

Agency does not specify design

standards, w ith those details to

be determined during detailed

design.

This Condition is numbered 26C

in the S42A Officers’ version.

Provision of a shared pat h along the Project route The Transport Agency version at

clause (b)(iii) requires a shared

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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No later than the opening of the new road, a sealed

contraflow cycleway and walkway (“shared path”) must

be in place along the entire length of the new road

including across any bridges. The shared path must:

a) be separated from the carriageway of the new road

by, at minimum, a w ire barrier.

b) be designed and constructed in accordance with

Austroads Guide to Road Design Part 6A Appendix A

Figure A1: Bicycle Path Operation Scenario C;

c) have a minimum sealed w idth of at least 3.0 metres

for the entire length of the road;

d) in addition to c) provide a minimum w idth of 0.2m

clearance from any barrier.

path over the length of the

Project.

Material differences limited to

the expression of design

requirements and constraints.

This Condition is numbered

26D in the S42A Officers’

version.

On opening of the new road, and thereafter, safe and

continuous provision must be made for vulnerable road

users travelling along SH3 in Woodville between SH2

(McLean Street) and Woodlands Road including around

or through the proposed Woodlands Road roundabout.

The Transport Agency version at

clause (b)(ii) requires for the

extension of the existing path

at Hampson Street through the

eastern roundabout and does

not preclude the future, yet to

be designed connection

(Lindauer Arts Trail) (clause

(a)(ii)).

The S42A Officer’s version

refers to provision being made

for vulnerable users from

McLean Street, beyond the

Project extents.

This Condition is numbered 26F

in the Section 42A Officers’

version.

26A. Nat ional Code of Practice for Network Utility Operators’ Access to Transport Corridors

All works must be undertaken in accordance with the National Code of Practice for Utility Operators’ Access to

Transport Corridors (September 2016), or any approved update to the Code.

Nil

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

This Condition is numbered 25A

in the Section 42A Officers’

version.

26B. Road Safety

The Requiring Authority must provide to the Councils,

w ithin two weeks of their completion, the outcomes of

the detailed design and post-construction road safety

audit processes, which are to be carried out for the

Requiring Authority by a suitably qualified, experienced

and independent road safety audit team. The Requiring

Authority must request that the independent road safety

auditor team expressly consider, amongst other

matters, the safety of the Project in respect of vulnerable

road users.

Road Safety

a) Road safety audits must be carried out for the

Requiring Authority at the detailed design stage and pre-

opening/post-construction stages by a suitably

qualified, experienced and independent road safety

auditor.

b) The Requiring Authority must request that the

independent road safety auditor expressly consider,

amongst other matters, the safety of the Project in

respect of vulnerable road users.

c) The extent of the audit must cover Pinfold Road/SH2

intersection to York Street/SH3 intersection.

d) The Requiring Authority must provide to the Councils,

w ithin two weeks of their completion, the outcomes of

the detailed design and pre-opening/post-construction

stages road safety audit processes.

This Condition is numbered 26I

in the S42A Officers’ version.

26C. Recreational path connections

The Requiring Authority must establish a fund of $1

million to, in consultation w ith the Project Iw i Partners,

Te Āpiti Manawatū Gorge Governance Group, the

Councils, and landowners, undertake the investigation

and, subject to land availability and obtaining any

necessary statutory approvals, construction of

recreational paths that potentially connect to the shared

path required by Condition 26(c). The fund w ill be

available for the duration of the construction period

only.

- The Transport Agency version

introduces a new Condition in

respect of recreational path

connections.

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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- Prior to opening of the new road, provision must be

made for safe access for:

i) vehicles at the intersection of SH3 and the Ashhurst

Domain; and

ii) to and from properties along the southern side of SH3

between 1270 and 1328 Napier Road (SH3) where there

is a reduced or no existing flush median.

The Transport Agency does not

include an equivalent proposed

condition.

This Condition is numbered 26A

in the S42A Officers’ version.

26G - Pedestrian crossings in Woodville

On or before opening of the new road, at least one

pedestrian crossing facility must be provided w ithin

each block between Normandy Street and Ross Street in

Woodville. These facilities must provide for pedestrians

to cross Vogel Street in two stages.

For the purposes of this condition a pedestrian crossing

facility is [definition needed].

The Transport Agency does not

include an equivalent proposed

condition.

26H - No later than the opening of the new road, safety and

efficiency improvements must be made to the

intersection of SH2 and SH3 in Woodville to achieve a

Level of Service of D [New Zealand Transport Agency

Planning Policy Manual August 2007 reference to

relevant NZTA standard] or better.

Advice note: The required level of service may require a

range of measures to assist w ith diverting traffic away

from the SH2/SH3 intersection and managing the safety

of those routes, as well as upgrades to the existing

intersection.

The Transport Agency does not

include an equivalent proposed

condition.

74

Construction Conditions (Palmerston North City only)

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Parahaki Island

PN1. Out line plan – Parahaki Island

Where an outline plan, or plans, describes works related

to the bridging of the Manawatū River, including any

piers, abutments and the northern and southern

approaches (and associated construction access), the

Requiring Authority must:

a) consult w ith the Te Ᾱpiti Ahu Whenua Trust for the

purpose of recognising the values of Parahaki Island

and providing for those values including by:

i. minimising, as far as practicable, any impact of

the construction activities or Manawatū River

bridge piers on Parahaki Island;

ii. identifying opportunities to recognise the

historical and cultural significance of Parahaki

Island in the design of Manawatū River bridge and

approaches to the bridge;

iii. identifying opportunities for landscape or

ecological mitigation planting required by

Conditions 12, 13 and 17link to other conditions]

on Parahaki Island.

b) as a minimum, include the follow ing in the outline

plan:

i. details of the consultation undertaken w ith the Te

Āpiti Ahu Whenua Trust, including comments

made in relation to the matters listed in (a) and

any measures taken by the Requiring Authority to

respond to these comments.

Out line plan – Parahaki Island

Where an outline plan, or plans, describes works related

to the bridging of the Manawatū River, including any

piers, abutments and the northern and southern

approaches (and associated construction access), the

Requiring Authority must:

a) consult w ith the Te Ᾱpiti Ahu Whenua Trust for the

purpose of recognising the values of Parahaki

Island and providing for those values including by:

i. minimising, as far as practicable, any impact of

the construction activities or Manawatū River

bridge piers on Parahaki Island;

ii. identifying opportunities to recognise the

historical and cultural significance of Parahaki

Island in the design of Manawatū River bridge

and approaches to the bridge;

iii. identifying opportunities for landscape or

ecological mitigation planting [link to other

conditions] on Parahaki Island.

b) as a minimum, include the follow ing in the outline

plan:

i. details of the consultation undertaken w ith the

Te Āpiti Ahu Whenua Trust, including comments

made in relation to the matters listed in (a) and

any measures taken by the Requiring Authority

to respond to these comments.

No material difference. The

Transport Agency version

updates the reference to other

conditions in clause (a)(iii).

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Recreation and Open Space

PN2. Car park located at the western boundary of the

Manawatū Gorge Scenic Reserve car park

(construction)

a) Prior to any construction works that affect access to

or use of the car park at the western boundary of the

Manawatū Gorge Scenic Reserve car park (western

Car Park), and/or access to the Manawatū Gorge

walking tracks, a ‘Manawatū Gorge Scenic Reserve

Western Car Park Construction Management and

Reinstatement Plan’ (“MGSR Western Car Park

Construction Plan”) must be prepared.

b) The MGSR Western Car Park Construction Plan must

be prepared in consultation w ith the Department of

Conservation, Palmerston North City Council, the Te

Āpiti Manawatū Gorge Governance Group, the Project

Iw i Partners tangata whenua and the Community

Liaison Group established by Condition 8 community

representatives and consistent w ith the design

principles and design outcomes in reference to the

ECEDF.

c) The MGSR Western Car Park Construction Plan must

include, as a minimum:

i. details of how public access will be maintained

over duration of construction activities and ,

including reinstatement works, including limiting

closures to weekdays during the school terms

and to no more than two consecutive working

weeks at a time , including the provision of

sufficient car parks to cater for visitor numbers at

31 October 2018;

ii. the provision of at least the same number of car

parks as the number that exists at 31 October

2018;

Car park located at the western boundary of the

Manawatū Gorge Scenic Reserve car park

a) Prior to any construction works that affect access to

or use of the Manawatū Gorge Scenic Reserve car

park, and/or access to the Manawatū Gorge walking

tracks, a ‘Manawatū Gorge Scenic Reserve Car Park

Management and Reinstatement Plan’ (“MGSR Car

Park Plan”) must be prepared.

b) The MGSR Car Park Plan must be prepared in

consultation w ith the Department of Conservation,

Palmerston North City Council, Te Āpiti Manawatū

Gorge Governance Group, tangata whenua and the

Community Liaison Group established by Condition

8 community representatives and must be

consistent w ith reference to the design principles

and design outcomes in the CEDF.

c) The MGSR Car Park Plan must, include, as a

minimum:

i. Include details of how public access will be

maintained over duration of construction

activities, including reinstatement works. If a

temporary closure to the Manawatu Scenic

Reserve car park is required this must occur

during weekdays. The Department of

Conservation and the respective Territorial Local

Authority must be made aware of the details of

the temporary closure at least 10 working days

prior to the closure occurring. Such closures

must be determined in consultation w ith

authorised by the Department of Conservation

and the relevant Territorial Local Authority.

The Transport Agency version

provides for temporary

measures for access to the

MGSR. Reinstatement is

addressed in Condition PN2A.

The S42A Officers’ version

addresses construction and

reinstatement matters in this

Condition.

In respect of temporary or

construction matters, there is

no material difference in

outcomes achieved by

Condition PN2. Reinstatement

matters included in the S42A

Officers’ version in clause (c)

are addressed in respect of

Condition PN2A below .

Description of the car park

adjusted to reflect fact that it

has no current proper name and

is not part of the Manawatū

Gorge Scenic Reserve being on

land owned by the Transport

Agency and Mr Tom Shannon.

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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iii. the provision of at least the same number of

toilet and bike parking facilities that exists at 31

October 2018;

ivii. a Crime Protection Through Environmental

Design (CPTED) Safety Site Assessment;

iv. details of the consultation undertaken under

clause (b) above, including the comments made

and any measures taken by the Requiring

Authority to respond to these matters;

iiv. details of reinstatement of land used for

construction including:

A. removal of structures, plant and materials

associated with construction (unless otherw ise

agreed w ith the landowner);

B. replacement or reinstatement of formal

parking areas, boundary fences, landscaping

and information / signage;

C. reinstatement of grassed areas to a similar

condition as existed prior to construction; and

D. replacement of trees and other planting

removed as part of construction activities.;

and

E.

vi. In undertaking plans for reinstatement works in

clause (v) above, provide details of any way

finding and interpretation signs w ithin and

adjacent to the Manawatū Gorge Scenic Reserve

Western Car Park (including signs to existing the

walking tracks and to any potential opportunities

identified for pedestrian access or viewpoints for

pedestrians view ing opportunities on the new

Manawatū River bridge) and any upcoming

closure information.;

ii. include a Crime Protection Through

Environmental Design (CPTED) Safety Site

Assessment and any measures taken by the

Requiring Authority in response to this

Assessment;

iii. include details of the consultation undertaken

under clause (b) above, including the comments

made and any measures taken by the Requiring

Authority to respond to these matters;

iv. Include details of reinstatement of land used for

construction including:

A. removal of structures, plant and materials

associated with construction (unless

otherw ise agreed w ith the landowner);

B. replacement or reinstatement of formal

parking areas of at least the same size,

number of carparks, condition, and access

provision as existed prior to the works

beginning. The replacement or reinstatement

works must include all weather surfacing,

boundary fencesing, landscaping, cultural

interpretation elements and information /

signage

C. reinstatement of grassed areas to a similar

condition as existed prior to construction;

D. replacement of trees and other planting

removed as part of construction activities;

and

E. Details of security measures including

lighting and electronic monitoring of the area

beneath the new Manawatu River Bridge and

opportunities for public art.

v. In undertaking plans for reinstatement works in

clause (v) above, provide details of any way

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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vii. details of the design of:

A. the pedestrian and cycling facilities between

the Manawatū Gorge Scenic Reserve car park

and the State Highway 3 Ashhurst Bridge

required by Condition 26(b); and

B. the pedestrian walking facility on the new

bridge over the Manawatū River required by

Condition 5(e)(viii).

finding and interpretation signs w ithin and

adjacent to the Manawatū Gorge Scenic Reserve

car park (including signs to existing the walking

tracks and to any potential opportunities

identified for pedestrian access or viewpoints for

pedestrians view ing opportunities on the new

Manawatū River bridge).

vi. Include details of how the carpark facilities w ill

integrate w ith:

A. the pedestrian and cycling facilities between

the Manawatū Gorge Scenic Reserve car park

and the State Highway 3 Ashhurst Bridge

required by Condition 26C; and

B. the pedestrian view ing platform facility on

the new bridge over the Manawatū River

required by Condition 26E.

vii. During any temporary closure periods of the

Manawatu Scenic Reserve Car park, include a

temporary carpark and safe walking access to

the Manawatu Gorge Walking Track to provide

convenient, safe and continuous public access

during the construction phase. The temporary

facilities must be large enough to accommodate

the current and expected number of visitors to

the Gorge Track during the construction period.

The temporary carpark must include appropriate

all-weather surfacing, fencing, signage and

safety and security measures. Details of the

temporary facilities must be provided to the

Department of Conservation and the respective

Territorial Local Authority for consideration and

feedback for approval at least 20 working days

prior to the works beginning.

viii. be consistent w ith the EMP.

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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d) All works in and around the Manawatu Gorge Scenic

Reserve car park must be undertaken in accordance

w ith the MGSR Car Park Plan.

PN2A. Car park located at the western boundary of the

Manawatū Gorge Scenic Reserve car park

(reinst atement)

a) Within one year of commencing the construction of

works in the proximity of the car park located on the

western boundary of the Manawatū Gorge Scenic

Reserve car park, a ‘Western Manawatū Gorge Scenic

Reserve Car Park Reinstatement Plan’ (“MGSR Car

Park Reinstatement Plan”) must be prepared.

b) The MGSR Western Car Park Reinstatement Plan must

be prepared in consultation w ith the Department of

Conservation, Palmerston North City Council, the Te

Āpiti Manawatū Gorge Governance Group, the Project

Iw i Partners and the Community Liaison Group

established by Condition 8 and be consistent w ith

the design principles and design outcomes in the

CEDF and planting described in the LMP required by

Condition 12.

c) The MGSR Western Car Park Reinstatement Plan

must, as a minimum:

i. provide for at least the same number of car parks

as the number that exists at 31 October 2018;

ii. provide for at least the same number of toilet and

bike parking facilities that exists at 31 October

2018;

iii. provide for at least the same public access to the

Manawatu River that exists at 31 October 2018;

vi. include Crime Protection Through Environmental

Design (CPTED) Safety Site Assessment;

Reinstatement of the Manawatu Gorge Scenic

Reserve Car Park

Reinstatement of the Manawatu Gorge Scenic Reserve

car park must be in accordance with the approved plans

required under Condition [PN2] and must be completed

no later than opening of the New Road to the

satisfaction of the Department of Conservation and the

respective Territorial Local Authority.

Manawatū Gorge Scenic Reserve car park

(reinst atement)

a) Within one year of commencing the construction of

works in the proximity of the Manawatū Gorge

Scenic Reserve car park, a ‘Manawatū Gorge Scenic

Reserve Car Park Reinstatement Plan’ (“MGSR Car

Park Reinstatement Plan”) must be prepared.

b) The MGSR Car Park Reinstatement Plan must be

prepared in consultation w ith the Department of

Conservation, Palmerston North City Council, the Te

Āpiti Manawatū Gorge Governance Group, the

Project Iw i Partners tangata whenua and the

Community Liaison Group established by Condition

8 and be consistent w ith the design principles and

design outcomes in the CEDF.

c) The MGSR Car Park Reinstatement Plan must, as a

minimum:

i. provide for at least the same number of car

parks as the number that exists at 31 October

2018;

The Transport Agency version

includes reference to the LMP

and includes reinstatement

matters included in earlier

versions of Condition PN2.

Reference to the facilities on the

Manawatū River bridge differ in

expression in the final clause

(B).

Description of the car park

adjusted to reflect fact that it

has no current proper name and

is not part of the Manawatū

Gorge Scenic Reserve, being on

land owned by the Transport

Agency and Mr Tom Shannon.

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v. incorporate any decisions regarding the future

status of the closed section of State Highway 3

immediately adjacent to the car park existing at

31 October 2018;

vi. take into account the final masterplan prepared

by the Te Āpiti Manawatū Gorge Governance

Group;

vii. describe the reinstatement of land used for

construction including:

A. removal of structures, plant and materials

associated with construction (unless otherw ise

agreed w ith the landowner);

B. replacement or reinstatement of formal

parking areas, boundary fences, landscaping

and information/signs;

C. reinstatement of grassed areas to a similar

condition as existed prior to construction; and

D. replacement of trees and other planting

removed as part of construction activities;

viii. include details of the consultation undertaken

under clause (b) above, including the comments

made and any measures taken by the Requiring

Authority to respond to these matters;

viiix. include details of the design of:

A. the pedestrian and cycling facilities between

the Manawatū Gorge Scenic Reserve Western

car park and the State Highway 3 Ashhurst

Bridge required by Condition 26(b); and

B. the shared pedestrian walking facility on the

new bridge over the Manawatū River required

by Condition 5(e)(viii).

ii. provide for at least the same number of toilet

and bike parking facilities that exists at 31

October 2018;

iii. provide for at least the same public access to

the Manawatu River that exists at 31 October

2018;

vi. include Crime Protection Through Environmental

Design (CPTED) Safety Site Assessment;

v. incorporate any decisions regarding the future

status of the closed section of State Highway 3

immediately adjacent to the car park existing at

31 October 2018;

vi. take into account the final masterplan prepared

by the Te Āpiti Manawatū Gorge Governance

Group;

vii. details of the consultation undertaken under

clause (b) above, including the comments made

and any measures taken by the Requiring

Authority to respond to these matters;

viii. include details of the design of:

A. the pedestrian and cycling facilities

between the Manawatū Gorge Scenic

Reserve car park and the State Highway 3

Ashhurst Bridge required by Condition

26C); and

B. the pedestrian view ing facility on the new

bridge over the Manawatū River required by

Condition 26E.

PN4 - Public access to the Manawatū Gorge Scenic Reserve The Transport Agency version

provides for the matters in

80

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

At all times during the construction period public

access must be provided to:

a) public access must be provided to all Manawatu

Gorge walking tracks; and

b) Aa temporary carpark and safe walking access to

the Manawatu Gorge Walking Track to provide

convenient, safe and continuous public access

during the construction phase. The temporary

facilities must be large enough to accommodate at

least 50 cars the current and expected number of

visitors to the Gorge Track during the construction

period. The temporary carpark must include

appropriate all-weather surfacing, fencing, signage

and safety and security measures. Details of the

temporary facilities must be provided to the

Department of Conservation and the respective

Territorial Local Authority for consideration and

feedback for approval at least 20 working days

prior to the works beginning.

clauses (a) and (b) in Condition

PN2 such that there is no

material difference in outcome.

Construction Conditions (Manawatū District only)

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Net work Utilities

M1. Out line plan – Tararua High Pressure Gas Transmission Pipeline

Where an outline plan, or plans, describes works that traverse the Tararua High Pressure Gas Transmission

Pipeline, the Requiring Authority must:

a) Consult w ith First Gas in order to develop any necessary measure to ensure that no construction activities, and

particularly site access, cause material damage to the pipeline.

b) Include details of the consultation undertaken and any measures to protect the pipeline in the outline plan.

Nil

81

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NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

M2. Out line plan – Palmerston North to Gisborne Rail Corridor

Where an outline plan, or plans, describes works w ithin or adjacent to the Palmerston North to Gisborne rail

corridor, the Requiring Authority must:

a) Consult w ith Kiw iRail for the purpose of appropriately managing avoiding, remedying or mitigating any

potential adverse effects of the Project (including as a result of access across the corridor) on the continued

operation, maintenance and upgrading of the rail line.

b) Include details of the consultation undertaken and any measures to manage avoid, remedy or mitigate any

potential adverse effects in the outline plan.

c) Set out how any measures to manage avoid, remedy or mitigate any potential adverse effects identified in

accordance with clause (b) may be reviewed and updated, as necessary.

Advice Note: W ritten consent from KiwiRail under section 177(1)(a) of the RMA is required independent of this

condition.

Nil

Construction Conditions (Tararua District only)

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Net work Utilities and Infrast ructure

T1. Out line plan – Te Āpit i Wind Farm

Where an outline plan or plans describes works w ithin the Te Āpiti w ind farm site, the Requiring Authority must:

a) consult w ith Meridian Energy Limited (“Meridian”) for the purpose of designing and constructing the Project to

minimise, as far as practicable, impacts on the w ind farm; and

b) as a minimum, include the follow ing in the outline plan:

i. details of the consultation undertaken under clause (a);

ii. details of on-going access arrangements during construction, including the management of construction

traffic w ithin the w ind farm;

iii. where construction activities (other than for the relocation of services and access) are w ithin 60 metres of

any turbine that is to be retained, advice from a suitably qualified and experienced person in relation to any

potential impact on the safe and efficient operation of that turbine;

Nil. Condition replaced by a new

Condition T1 set out below .

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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iv. confirmation of compliance w ith NZECP 34:2001;

v. details of site management and security; and

vi. arrangements for site inductions and contractor training, including Meridian’s involvement in that training

vii. details of the consultation undertaken w ith Meridian and any measures taken by the Requiring Authority to

respond to these comments.

T1. Te Āpit i Wind Farm

Prior to any construction works, or enabling works,

being undertaken w ithin the portion of the Te Āpiti w ind

farm site indicated by property reference numbers 8, 9,

10, 11, and 12 on Land Requirement Plan LR-11, the

Requiring Authority must prepare a Wind Farm

Management Plan (“WFMP”). The purpose of the WFMP is

set out measures to avoid, where practicable, any to

manage avoid, remedy or mitigate the potential adverse

effects of the Project on w ind farm operations provided

for by the w ind farm resource consent (granted on 3

September 2003) and, where avoidance is not possible,

set out measures to remedy or mitigate such effects.

The WFMP must, as a minimum;

a) be prepared in consultation w ith Meridian;

b) include details of the consultation undertaken,

including measures taken by the Requiring Authority

to respond to Meridian’s comments and feedback;

c) describe the details of the on-going access

arrangements, including for over-dimensional loads,

and as required by Condition 5(e)(x) to

accommodate Meridian’s operation, maintenance

and upgrade requirements;

d) describe the details of management of construction

traffic w ithin the w ind farm;

e) describe measures to protect the the protection of

underground infrastructure, as required by

Condition 5(e)(ix);

Te Āpit i Wind Farm

Prior to any construction works, or enabling works,

being undertaken w ithin the portion of the Te Āpiti w ind

farm site indicated by property reference numbers 9,

10, 11, and 12 on Land Requirement Plan LR-11, the

Requiring Authority must prepare a Wind Farm

Management Plan (“WFMP”) to manage avoid, remedy or

mitigate the potential effects of the Project on w ind

farm operations provided for by the w ind farm resource

consent (granted on 3 September 2003). The WFMP

must, as a minimum;

a) be prepared in consultation w ith Meridian;

b) include details of the consultation undertaken,

including measures taken by the Requiring

Authority to respond to Meridian’s comments and

feedback;

c) describe the details of the on-going access

arrangements, including for over-dimensional

loads, and as required by Condition 5(e)(x) to

accommodate Meridian’s operation, maintenance

and upgrade requirements;

d) describe the details of management of construction

traffic w ithin the w ind farm;

e) describe measures to protect the the protection of

underground infrastructure, as required by

Condition 5(e)(ix);

f) include technical, engineering and geotechnical

advice from a suitably qualified and experienced

Differences are limited to

further amendments to the

Transport Agency version (in

purple) that are a result of

further consultation w ith

Meridian.

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f) include technical, engineering and geotechnical

advice from a suitably qualified and experienced

person, or person in relation to the impact of the

Project construction activities on the safe and

efficient operation of that a turbine where:

i. construction activities (other than for the

relocation of underground infrastructure and

w ind farm accesses) are w ithin 160 metres of a

turbine location shown on the plan marked

“Draw ing No. 1 (Rev 3) General Site Plan With

Topo Information” (referenced in the any

practical turbine location permitted by the w ind

farm resource consent (granted on 3 September

2003) except that in the case of turbines A11,

A12 and A13 (now known as TAP01, TAP02, and

TAP03 this distance is limited to 60m when

closer to Ashhurst; and

ii. that turbine is not removed as part of the Project,

g) confirm compliance w ith NZECP 34:2001;

h) set out details of site management and security;

i) describe arrangements for site inductions and

contractor training, including Meridian’s

involvement in that training; and

j) confirm measures to manage the effects of dust that

may damage the turbines, substation or overhead

electricity transmission lines.

person, or person in relation to the impact of the

Project construction activities on the safe and

efficient operation of that a turbine where:

i. construction activities (other than for the

relocation of underground infrastructure and

w ind farm accesses) are w ithin 160 metres of a

turbine location shown on the plan marked

“Draw ing No. 1 (Rev 3) General Site Plan With

Topo Information” (referenced in the any

practical turbine location permitted by the w ind

farm resource consent (granted on 3 September

2003) except that in the case of turbines A11,

A12 and A13 (now known as TAP01, TAP02, and

TAP03 this distance is limited to 60m when

closer to Ashhurst; and

ii. that turbine is not removed as part of the

Project,

g) confirm compliance w ith NZECP 34:2001;

h) set out details of site management and security;

i) describe arrangements for site inductions and

contractor training, including Meridian’s

involvement in that training; and

j) confirm measures to manage the effects of dust

that may damage the turbines, substation or

overhead electricity transmission lines.

T1A - Te Āpit i Wind Farm access

Permanent and ongoing access to allow for the

maintenance, operation, upgrading or replacement of

existing and relocated network utilities and the Te A piti

w ind farm turbines (where retained), including

emergency access, must be provided prior to and during

the construction period of the Project, and during

ongoing operation of the Project.

The S42A Officers’ version

notes:

“ … this condition may no

longer be required depending

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REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

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on on-going discussions between

NZTA and Meridian.”

The Transport Agency version

provides for the same outcome

in Conditions T1(c) and 5(e)(x).

T1B - Any works required to alter the Te Āpiti w indfarm

infrastructure, including moving turbines and relocating

transmission infrastructure, must be completed prior to

construction beginning.

Nil. This Condition is no longer

proposed by the S42A Officers.

T2. Out line plan – Mangamaire – Woodville A 110kV

Nat ional Grid transmission line

Where an outline plan, or plans, describes works in the

vicinity of the Mangamaire – Woodville A 110kV

transmission line, the Requiring Authority must:

a) consult w ith Transpower New Zealand Limited in

order to:

i. demonstrate how construction works and

associated activities are designed and

undertaken to comply w ith NZECP 34:2001;

ii. develop measures to control induced and

transferred voltages and earth potential rise

where conductive material is w ithin 8 metres of

the transmission line support structures;

iii. identify areas where additional management

measures are necessary such as fencing or

hurdles;

iv. confirm timing for any outage that may be

necessary;

v. confirm measures to manage the effects of dust

that may damage the National Grid transmission

lines; and

vi. confirm details of contractor training, and

Transpower’s involvement in that training, for

Out line plan – Mangamaire – Woodville A 110kV

Nat ional Grid transmission line

Where an outline plan, or plans, describes works in the

vicinity of the Mangamaire – Woodville A 110kV

transmission line, the Requiring Authority must:

a) consult w ith Transpower New Zealand Limited in

order to:

i. demonstrate how construction works and

associated activities are designed and

undertaken to comply w ith NZECP 34:2001;

ii. develop measures to control induced and

transferred voltages and earth potential rise

where conductive material is w ithin 8 metres of

the transmission line support structures;

iii. identify areas where additional management

measures are necessary such as fencing or

hurdles;

iv. confirm timing for any outage that may be

necessary;

v. confirm measures to manage the effects of dust

that may damage the National Grid transmission

lines; and

vi. confirm details of contractor training, and

Transpower’s involvement in that training, for

A replacement Condition T2 is

included in the Transport

Agency’s version in response to

Transpower’s letter to the

Hearing Panel dated 5 April

2019.

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those working w ithin 8 metres of the

transmission line support structures or w ithin the

maximum extent of conductor sw ing (at

maximum operating temperature).

b) Details of the consultation undertaken and measures

to achieve the matters listed in (a) must be included

in the outline plan.

those working w ithin 8 metres of the

transmission line support structures or w ithin the

maximum extent of conductor sw ing (at

maximum operating temperature).

b) Details of the consultation undertaken and measures

to achieve the matters listed in (a) must be included

in the outline plan.

T2 Mangamaire – Woodville A 110kV National Grid

t ransmission line

Prior to any construction works, or enabling works,

being undertaken in the vicinity of the Mangamaire –

Woodville A 110kV transmission line, the Requiring

Authority prepare a National Grid Management Plan

(“NGMP”) to avoid, remedy or mitigate the potential

effects of the Project on the operation and maintenance

of the transmission line. The NGMP must, as a

minimum:

a) be prepared in consultation w ith Transpower;

b) include details of the consultation undertaken,

including measures taken by the Requiring Authority

to respond to Transpower’s comments and

feedback;

c) demonstrate how construction works and associated

activities are designed and undertaken to comply

w ith NZECP 34:2001;

d) establish a specific height for clearance over a State

highway, if necessary;

e) describe the details of the on-going access

arrangements as required by Condition 5(e)(x);

f) develop measures to control induced and

transferred voltages and earth potential rise where

conductive material is w ithin 8 metres of the

transmission line support structures;

- As above

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g) confirm procedures set out for the management of

construction vibration included in the CNVMP

require by Condition 21(ix);

h) identify areas where additional management

measures are necessary such as fencing or hurdles;

i) confirm timing for any outage that may be

necessary;

j) confirm measures to manage the effects of dust that

may damage the National Grid transmission lines;

and

k) confirm details of contractor training, and

Transpower’s involvement in that training, for those

working w ithin 8 metres of the transmission line

support structures or w ithin the maximum extent of

conductor sw ing (at maximum operating

temperature).

Ballant rae Hill Country Research Station

T3. Out line plan – Ballant rae Farm Research Station

Where an outline plan, or plans, describes works w ithin the Ballantrae Hill Country Research Station, the Requiring

Authority must:

a) consult w ith AgResearch Limited for the purpose of designing and constructing the Project to minimise

impacts, as far as practicable, on the farm operations and fertiliser trial sites at Ballantrae Farm Research

Station; and

b) as a minimum, the outline plan must:

i. set out details of the consultation undertaken under clause (a);

ii. demonstrate how the extent of construction works on the site (including fill areas and stormwater treatment

facilities) is limited, including by reference to the total areas of each of the four farmlets that comprise the

trial site as well as the slope, aspect and soil type balances of each farmlet; and

iii. describe details of on-going farm and trial site access and stock movement arrangements during and

follow ing construction.

Nil. Condition replaced by a new

Condition T3 set out below .

T3. Ballant rae Hill Country Research Station Ballant rae Hill Country Research Station Differences are limited to

further amendments to the

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Prior to any construction works being undertaken w ithin

the Ballantrae Station site, the Requiring Authority must

prepare a Ballantrae Research Station Management Plan

(“BSMP”) to manage avoid, remedy or mitigate the

potential adverse effects of the Project on farm

operations and the long-term fertiliser and grazing

systems trial. The BSMP must, as a minimum:

a) be prepared in consultation w ith AgResearch;

b) describe the measures to be implemented to

maintain site access and the ability to move stock

w ithin and between farmlets during, and follow ing,

the completion of construction;

c) set out approaches to manage machinery noise to

minimise disruption to grazing stock;

d) describe site security and safety measures minimise

the risk of stock rustling and to manage risks to

farm staff as a result of construction activities in the

locality;

e) where practicable, provide for the reinstatement of

frame sites w ithin the construction footprint in a

suitable alternative location; and

fe) establish a monitoring and research programme by:

i. describing pre-construction monitoring, on a

farmlet basis, of soil and pastoral properties that

confirms the existing trial site environment, is

comparable to earlier research, and is capable of

being published in a peer reviewed journal;

ii. detailing the approach to construction and post-

construction monitoring of the effects of the

Project that must be undertaken for a minimum

period of 3 years follow ing the completion of

construction;

iii. describing an approach to pre-construction and

post-construction monitoring of the potential

Prior to any construction works being undertaken w ithin

the Ballantrae Station site, the Requiring Authority must

prepare a Ballantrae Station Management Plan (“BSMP”)

to manage avoid, remedy or mitigate the potential

adverse effects of the Project on farm operations and

the long-term grazing trial. The BSMP must, as a

minimum:

a) be prepared in consultation w ith AgResearch;

b) describe the measures to be implemented to

maintain site access and the ability to move stock

w ithin and between farmlets during, and follow ing,

the completion of construction;

c) set out approaches to manage machinery noise to

minimise disruption to grazing stock;

d) describe site security and safety measures minimise

the risk of stock rustling and to manage risks to

farm staff as a result of construction activities in

the locality; and

e) establish a monitoring and research programme by:

i. describing pre-construction monitoring, on a

farmlet basis, of soil and pastoral properties

that confirms the existing trial site environment,

is comparable to earlier research, and is capable

of being published in a peer reviewed journal;

ii. detailing the approach to construction and post-

construction monitoring of the effects of the

Project that must be undertaken for a minimum

period of 3 years follow ing the completion of

construction;

iii. confirming the administration arrangements for

future research activities that support and

maintain the on-going research outcomes of the

long-term grazing trial, or other research

outcomes associated with the trial site, w ith

Transport Agency version (in

purple) that are a result of

further information provided to

the Hearing Panel by Dr Mackay

and further consideration of

measures to address potential

effects on the fertiliser and

grazing system trial.

Amended condition to ensure

that it is understood to relate to

the research part of the

Ballantrae Station Farm rather

than the entire Farm.

The S42A Officers’ version

notes:

“This condition will need to be

revisited depending on the

Panel’s determination of the

Ballantrae matter.”

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effects of vehicle emissions and vehicle

movements respectively on the long-term

fertiliser and grazing systems trial and

associated animal behaviour;

ivii. confirming the administration arrangements for

future research activities that support and

maintain the on-going research outcomes of the

long-term fertiliser and grazing systems trial, or

other research outcomes associated with the trial

site, w ith such research activities continuing for a

minimum of 5 years follow ing the completion of

construction (unless AgResearch decides to

discontinue such research activities at an earlier

date) where the future research may include but

not be limited to:

A. the opportunity and risk associated w ith the

greater use of forages (beyond grasses) in hill

land;

B. the use of lime to address the issue of slow

acidification;

C. the effects of a shift to a greater use of

nitrogen fertiliser and a reduction in the use

of phosphorus fertiliser.

gf) The BSMP may be updated to incorporate

requirements of regional resource consents and the

associated management of discharges to air, land

and water.

such research activities continuing for a

minimum of 5 years follow ing the completion of

construction unless AgResearch decides to

discontinue such research activities at an earlier

date.

f) The BSMP may be updated to incorporate

requirements of regional resource consents and the

associated management of discharges to air, land

and water.

QEII Nat ional Trust Open Space Covenants

T4. Out line plan – QEII Nat ional Trust open space

covenants

Where an outline plan, or plans, describes works w ithin

the areas subject to QEII Trust open space covenants

(shown on Plan C-06), the Requiring Authority must:

Out line plan – QEII Nat ional Trust open space

covenants

Where an outline plan, or plans, describes works w ithin

the areas subject to QEII Trust open space covenants

(shown on Plan C-06), the Requiring Authority must:

No material difference.

Differences are confined to the

way in which Condition 17 is

referenced in clause (b)(iii).

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a) consult w ith the National Trust for the purpose of

designing and constructing the Project to avoid

impacts where possible and, where avoidance is not

possible, minimise impacts, as far as practicable, on

the natural environment QEII Trust open space

values of the area subject to the covenant; and

b) as a minimum, the outline plan must:

i. set out details of the consultation undertaken

under clause (a) and any measures taken by the

Requiring Authority to respond to matters raised;

ii. demonstrate how the extent of construction

works on the site is limited (including by

Condition 5(e)) in order to avoid, or minimise as

far as practicable, impacts on the QEII Trust open

space values; and

iii. describe any restoration that may be proposed

(including as part of the LMP required by

Condition 12 or EMP required by Condition 17).

a) consult w ith the National Trust for the purpose of

designing and constructing the Project to avoid

impacts where possible and, where avoidance is not

possible, minimise impacts, as far as practicable, on

the QEII Trust open space natural environment values

of the area subject to the covenant; and

b) as a minimum, the outline plan must:

i. set out details of the consultation undertaken

under clause (a) and any measures taken by the

Requiring Authority to respond to matters raised;

ii. demonstrate how the extent of construction

works on the site is limited (including by

Condition 5(e)) in order to avoid, or minimise as

far as practicable, impacts on the QEII Trust open

space values; and

iii. describe any restoration that may be proposed

(including as part of the LMP required by

Condition 12 and Condition 17 a) iii) H.).

Operational Conditions (common to all jurisdictions)

REF DRAFT CONDITIONS MATTERS OF DIFFERENCE

NEW ZEALAND TRANSPORT AGENCY SECTION 42A REPORTING OFFICERS’

Noise and property

27. Road surfacing

Prior to the opening of the new road, a low noise road surface must be laid on: [show on plan]

a) State Highway 3 Napier Road between Cambridge Avenue and the Manawatū River; and

b) Vogel Street in Woodville.

Nil

28. Traffic separat ion

a) traffic lanes of the roundabouts must be more than 100 metres from dwellings existing on 31 October 2018;

Nil

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b) traffic lanes must be more than 200 metres from the dwellings at 49807 State Highway 3 and 75 Hope Road,

Woodville existing on 31 October 2018.

- Separation of roundabouts from dwellings

Traffic lanes of the roundabouts must be more than:

i) 100 metres from dwellings existing on 31 October

2018; and

ii) 200 metres from the dwellings at 49807 State

Highway 3 and 75 Hope Road, Woodville existing on

31 October 2018.

The proposed Condition

appears to duplicate Condition

28. Both versions provide for

the same outcome in Condition

28.

This Condition is numbered

29BC in the S42A Officers’

version.

29. 49807 State Highway 3 and 75 Hope Road, Woodville

In order to control sound levels at the dwellings at 49807 State Highway 3 and 75 Hope Road, Woodville existing

on 31 October 2018, either:

a) a low noise road surface must be laid on the main alignment from the eastern roundabout extending at least

2.01.5 kilometres to the west of the roundabout; or

b) TL5 concrete barriers must be provided.

Nil

29A. Lot 2 DP 351133

Within 12 months of the opening of the new road, the

Requiring Authority must consult w ith the owners of Lot

2 DP 351133 to develop and implement a plan for

planting along the southern boundary of the this

property to screen views of the road.

Lot 2 DP 351133 landscaping

a) Within 12 months of the opening of the new road,

the Requiring Authority must:

A) consult w ith the owners of Lot 2 DP 351133 to

develop a plan for planting along the southern

boundary of the property Lot 2 DP 351133 to

screen views of the road;

B) take into account the outcomes of any

consultation in finalising the plan; and

C) Undertake planting in accordance with the final

plan.

No material difference.

This Condition is numbered 29C

in the S42A Officers’ version.

- Operat ional traffic noise

a) The new road must be operated to ensure that

Ooperational traffic noise must meet is managed in

accordance with NZS 6806:2010 Acoustics – Road-

traffic noise – New and altered roads except where

The Transport Agency version

provides for the matters in

clauses (a), (c) and (d) in

Condition 29B. The roundabout

environment design

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these conditions conflict w ith those

recommendations.

b) The road environment at roundabouts must be

designed to result in vehicles braking and

accelerating gradually rather than abruptly. The

landscape design process must integrate and

maximise noise mitigation.

c) Where engine braking noise causes sleep

disturbance, consideration must be given to acoustic

treatment and ventilation of bedrooms at 49807

State Highway 3 and 75 Hope Road. NZTA must offer

to noise insulate and ventilate the bedrooms of

49807 State Highway 3, 75 Hope Road, 1213

Fitzherbert East Road and 49846 State Highway 3 as

follows:

i. Glazing in bedroom w indows must be at least

6.38mm laminated glass. Where w indows are

double glazed then this applies to one side of the

double glazing.

ii. Ventilation must be provided to meet clause G4 of

the New Zealand Building Code if w indows remain

closed. At the same time as meeting this

minimum provision, the sound level of the system

shall not exceed 30dB LAeq(30s) when measured

1.0 metre away from any grille or diffuser. The

occupant must be able to control the ventilation

rate in increments up to a high airflow setting that

provides at least 6 air changes per hour.

iii. The offer must remain open for acceptance for

not less than one year after the road opens.

d) Traffic noise levels must be measured prior to and

subsequent to the construction of the new road

(w ithout construction noise) to verify noise modelling

requirements in clause (b) are

provided for by the CEDF.

The Transport Agency version

does not require technical

certification of modelling or

mitigation (clause (e)), but

requires the details of

modelling and mitigation to be

provided to Councils (Condition

29B(c)).

This Condition is numbered 29A

in the S42A Officers’ version.

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at 49807 Napier Road (SH3), 49846 Napier Road

(SH3), 75 Hope Road and 1213 Fitzherbert East Road.

e) The noise modelling and any mitigation proposed as

a consequence must be submitted to the relevant

Territorial Authorities for technical certification in

accordance with Condition [1C].

29AB. Post -construction review

a) Within 12 months of the opening of the new road,

the Requiring Authority must undertake a post-

construction review in accordance with the NZ

Transport Agency’s ‘Specification for Noise

Mitigation’ (NZTA P40:2014) that includes:

i. noise modelling;

ii. site inspection of road surfaces or concrete

barriers provided by Conditions 27 and 29; and

iii. noise measurements at the PPFs located at

49807 State Highway 3, 49846 State Highway

3, 75 Hope Road, Woodville and 1213

Fitzherbert East Road, Ashhurst to verify the

acoustics model, subject to access being

provided.

b) If the post-construction review concludes that the

sound levels exceed the NZS 6806:2010 ‘Acoustics

– Road-traffic noise – New and altered road’

Category A criteria for new roads (at 49807 State

Highway 3 and 75 Hope Road) and altered roads (at

49846 State Highway 3 and 1213 Fitzherbert East

Road, Ashhurst), the Requiring Authority must, in

consultation w ith the respective property owners,

provide further noise mitigation to reduce noise

levels to meet the Category A criteria (subject to

reasonable access to allow any mitigation to be

implemented).

Post -construction review

a) Within 12 months of the opening of the new road,

the Requiring Authority must undertake a post-

construction review in accordance with the NZ

Transport Agency’s ‘Specification for Noise

Mitigation’ (NZTA P40:2014) that includes:

i. noise modelling;

ii. site inspection of road surfaces or concrete

barriers provided by Conditions 27 and 29; and

iii. noise measurements at the PPFs located at

49807 State Highway 3, 49846 State Highway

3, 75 Hope Road, Woodville and 1213

Fitzherbert East Road, Ashhurst to verify the

acoustics model, subject to access being

provided.

b) If the post-construction review concludes that the

sound levels exceed the NZS 6806:2010 ‘Acoustics

– Road-traffic noise – New and altered road’

Category A criteria for new roads (at 49807 State

Highway 3 and 75 Hope Road) and altered roads (at

49846 State Highway 3 and 1213 Fitzherbert East

Road, Ashhurst), the Requiring Authority must, in

consultation w ith the respective property owners,

provide further noise mitigation to reduce noise

levels to meet the Category A criteria (subject to

reasonable access to allow any mitigation to be

implemented).

Difference is limited to new

clause (c) in the Transport

Agency version that requires the

details of modelling and any

mitigation to be provided to the

Councils.

This Condition is numbered

29BA in the S42A Officers’

version.

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c) The noise modelling and the details of any

mitigation provided under clause (c) must be

provided to the Councils.

Light ing

30. Operat ional lighting

Lighting must be designed, maintained and operated to comply with AS/NZS 1158 Lighting for Roads and Public

Spaces.

Nil

Landscape, Natural Character and Ecology

31. Landscape, replacement and offset planting

maint enance

Nothw ithstanding Condition 3, any planting and

ecological effects management measures required by,

and managed by, Conditions 12, 13 and 17 must be

maintained and managed in accordance with the

measures set out in the LMP and EMP.

Landscape, replacement and offset planting

maint enance

Nothw ithstanding Condition 3, aAny planting and

ecological effects management measures required by,

and managed by, the conditions of this designation,

including Conditions 12, 13, 13A, 14, 15, 16, 16A and

17, 17A must be maintained and managed in

accordance with the measures set out in the LMP and

EMP.

The S42A version proposes that

the list of conditions is inclusive

and also specifically lists the

‘sub-plans’ that make up the

EMP required by Condition 17.

Net work Utilities and Infrast ructure

32. Writ ten consent under section 176 of the RMA - Te

Āpit i Wind Farm

The Requiring Authority must not require Meridian to

seek written consent under section 176 of the RMA for

work that can occur in accordance w ith the resource

consent for the Te Āpiti w ind farm (dated 3 September

2003) where that work does not encroach on, or impact

on, the construction or operational of the State

highway. To the extent that written approval is

required, this cCondition shall constitute written

approval.

Writ ten consent under section 176 of the RMA - Te

Āpit i Wind Farm

The Requiring Authority must not require Meridian to

seek written consent under section 176 of the RMA for

work that can occur in accordance w ith the resource

consent for the Te Āpiti w ind farm (dated 3 September

2003) where that work does not encroach on, or impact

on, the construction or operational of the State

highway. To the extent that written approval is

required, this condition shall constitute written

approval.

No material difference. The

Transport Agency version

corrects typographical errors.