Eden Park India v NZ...However, since the redevelopment in 2009, Eden Park is now also being used by...

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Eden Park India v NZ T20 Cricket Match Sunday 26 January 2020 Application for Resource Consent and Assessment of Environmental Effects May 2019

Transcript of Eden Park India v NZ...However, since the redevelopment in 2009, Eden Park is now also being used by...

Page 1: Eden Park India v NZ...However, since the redevelopment in 2009, Eden Park is now also being used by a growing number of other sporting codes and entertainment operators. Eden Park

Eden Park

India v NZ

T20 Cricket Match

Sunday 26 January 2020

Application for Resource Consent and

Assessment of Environmental Effects

May 2019

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Contents 1 Introduction .................................................................................................................................... 3

2 The applicant and property details ................................................................................................. 4

3 Site and locality description ............................................................................................................ 5

4 Background Information ................................................................................................................. 9

Planning Framework ....................................................................................................................... 9

5 Proposal ......................................................................................................................................... 13

6 Consent requirements .................................................................................................................. 15

Conclusion ..................................................................................................................................... 16

7 Statutory assessment .................................................................................................................... 17

Section 104(1)(a) – Actual or potential effects on the environment ............................................ 17

Scope of Assessment..................................................................................................................... 18

Crowd Behaviour ........................................................................................................................... 18

Consultation and Communication ................................................................................................ 22

Traffic and Transport Effects ......................................................................................................... 23

Event Noise and Light Spill Effects ................................................................................................ 25

Economic and other Positive Benefits .......................................................................................... 27

Effects Conclusion ......................................................................................................................... 27

Section 104(1)(b)(v) – Auckland Regional Policy Statement ......................................................... 28

Section 104(1)(b)(vi) – Auckland Unitary Plan (district level provisions) ...................................... 29

Assessment criteria ....................................................................................................................... 31

8 Section 104(1)(c) – Other matters ................................................................................................ 36

9 Part 2 of the Resource Management Act 1991 ............................................................................. 36

10 Notification .................................................................................................................................... 38

11 Conclusion ..................................................................................................................................... 39

Attachment A ........................................................................................................................................ 40

Attachment B ........................................................................................................................................ 41

Attachment C ........................................................................................................................................ 42

Attachment D ........................................................................................................................................ 43

Supporting Documents Provided

A. Certificate(s) of Title B. Eden Park Operating Management Plan (December 2016) C. Acoustic Report, prepared by Marshall Day Acoustics D. Transport Assessment, prepared by Traffic Planning Consultants

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1 INTRODUCTION

This application seeks to enable organised sport and recreation to take place on a Sunday night. Specifically,

EPT propose to host a one-off T20 cricket match between India and NZ which is to take place on Sunday 26

January 2020 over Auckland Anniversary Weekend. Play is scheduled to commence at 8.00pm and is

scheduled to finish at 11.00pm. The T20 match is being played as part of India Republic Day celebrations.

This application also includes matches involving the India women’s team on the Number 2 field on Saturday

25 January, and Monday 27 January 2020 during the daytime.

Resource consent is required under the Auckland Unitary Plan (Operative in Part) (Unitary Plan) to provide

for a cricket match to be played at night-time on a Sunday. The cricket match will be in accordance with a

suite of management plans including a community consultation and communication management plan,

event management plan, and transport and traffic management plan. These are outlined in detail in Sections

5 and 7 of this report.

Resource consent for a restricted discretionary activity is required. Overall, the proposal is considered to

have less than minor adverse effects on the environment and is consistent with the objectives, policies and

assessment criteria in the Unitary Plan.

This report has been prepared in accordance with the requirements of Section 88 and the fourth schedule

of the Resource Management Act 1991 (RMA) and is intended to provide the information necessary for a

full understanding of the proposal and any actual or potential effects the proposal may have on the

environment.

This report contains the following information:

A description of the site and surrounding neighbourhood

A description of the proposed activity

An assessment of effects of the proposal on the environment; and

An analysis of the provisions of the RMA and the relevant statutory plan documents

In accordance with Section 95A(2)(b) of the RMA, the applicant requests that the application be publicly

notified.

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2 THE APPLICANT AND PROPERTY DETAILS

APPLICANT AND PROPERTY DETAILS

Applicant Eden Park Trust

Address 42 Reimers Avenue, Kingsland, Auckland

Legal Descriptions Pt Lot 56 DP 4194

Lot 58 DP 4194

Lot 1 DP 45553

Lots 1-4 DP 46401

Lot 2 DP 384

Site Area 9.8004 hectares

Auckland Unitary Plan: Operative in Part

Zone Special Purpose- Major Recreation Facility

Precinct Eden Park Precinct

Overlays Natural Resources: Quality Sensitive Aquifer Management Areas

Overlay- Western Springs Volcanic Aquifer

Controls Macroinvertebrate Community Index

Road Classification Sandringham Road (Arterial Road)

Designations N/A

Council GeoMaps Layers

Overland Flow Path

Flood Plain

Overland Flow Path

Flood Plain

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3 SITE AND LOCALITY DESCRIPTION

The application site, being Eden Park, is located at 42 Reimers Ave, Kingsland and consists of almost all of

the land bounded by Reimers Avenue, Cricket Avenue, Walters Road and Sandringham Road as Figure 1

below identifies the parameters of the site. The legal description of the land is set out in Section 2 above,

and the Certificates of Title for the site are included as Attachment A to this report.

Figure 1: Location Plan

Eden Park is internationally recognised as New Zealand’s premier stadium. It has a rich sporting and social

history of over the last 100 years, and an international profile that is unmatched by any other stadium in the

country. It has been the scene of some memorable historic events and moments and the stage for some of

New Zealand’s major sporting triumphs.

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Since the 1900’s Eden Park has hosted major rugby and cricket matches and has evolved from a major rugby

and cricket ground to a stadium of international quality capable of hosting premier international events. The

evolution and development of the Park includes:

1903: Eden Cricket Club bought 15 acres.

1909: Ground sold to the Auckland Cricket Association.

1913: Construction of the No 1 Stand commenced.

1914: No 1 Stand opened and No 2 Stand opened in the southwest corner of the ground.

No 2 oval established.

1957: No 1 Stand transferred to Papakura Sports Ground.

1959: New South Stand opened.

1963: North Stand opened.

1991: No 2 Stand relocated to No 2 oval.

1997: North Stand demolished.

1999: ASB Stand (replacement North Stand) opened.

2002: Hall of Legends opens for tours. Historic cricket block on No 1 oval removed and replaced.

Portable pitch system introduced. Nursery established on No 2 ground.

2003: Reconstruction of the all-weather playing surface on the No 1 ground completed. TV

broadcast facilities opened on Level 5 of South Stand. Dedicated cricket commentator facility

opened on Level 5 of ASB Stand. Eden Park established a remote site for a turf farm for replacement

turf stocks.

2005: World-class media centre opened on top level of South Stand. Eden Park awarded hosting

rights.

2006: 24 enclosed cricket practice strips opened on No 2 ground. Removed four residential

dwellings owned by the EPT in north-east corner to improve food and beverage services for the

Panasonic Stand and to improve access to the Terraces.

2007: Eden Park confirmed as finals venue for RWC 2011. Government committed $190m to the

redevelopment of Eden Park.

2009: Major redevelopment of Eden Park commences.

2011: Eden Park hosts 2011 Rugby World Cup matches, including the Rugby World Cup Final at Eden

Park won by the All Blacks.

2014: Eden Park hosts the inaugural NRL Nines tournament.

2015: Eden Park hosts 2015 Cricket World Cup matches, including a legendary semi-final against

South Africa.

2017: Eden Park hosts three British and Irish Lions matches including two tests, the World Master’s

Games and launches the G9 Stadium golfing event.

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2018: Eden Park hosts the first day-night cricket test to be held in New Zealand and provided the

base from which the Auckland City Mission distributed Christmas food parcels.

2019: A record breaking regular season crowd attends the Wellington Phoenix v Melbourne Victory

match and Nitro Circus comes to Eden Park for the first time with the “You Got This” tour.

Eden Park is the home ground of Auckland Cricket and Auckland Rugby and both codes have a long and

proud association with the ground. However, since the redevelopment in 2009, Eden Park is now also being

used by a growing number of other sporting codes and entertainment operators.

Eden Park has successfully hosted the Rugby World Cup, co-hosted the Cricket World Cup, international

rugby tests, international cricket matches, A-league football and rugby league. It regularly hosts the Bledisloe

Cup, Mitre 10 Cup, Super Rugby and Cricket games, and has cemented its position as a facility of

international, national and regional significance.

The match schedule (and crowd numbers when available) of ODI and T20 cricket matches hosted at Eden

Park since 2007 is outlined below.

Date Match Time Crowd

2007

Saturday 06 January New Zealand v Sri Lanka (ODI) 2.00pm

Sunday 18 February New Zealand v Australia (ODI) 11.00am

Wednesday 26 December (Boxing

Day)

Blackcaps v Bangladesh (ODI) 2.00pm

2008

Tuesday 5 February Blackcaps v England (T20) 7.00pm

Friday 15 February Blackcaps v England (ODI) 2.00pm

Friday 26 December (Boxing Day) Blackcaps v West Indies (T20) 5.00pm

2009

Saturday 10 January Blackcaps v West Indies (ODI) 12.00pm

Saturday 14 March Blackcaps v India (ODI) 2.00pm

2010

Saturday 6 March Blackcaps v Australia (ODI) 12.00pm

Thursday 11 March Blackcaps v Australia (ODI) 2.00pm

Sunday 26 December (Boxing Day) Blackcaps v Pakistan (T20) 2.00pm

2011

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Saturday 5 February Blackcaps v Pakistan (ODI) 12.00pm

2012

Saturday 11 February Blackcaps v Zimbabwe (T20) 7.00pm

Wednesday 22 February Blackcaps v South Africa (T20) 7.00pm

Saturday 3 March Blackcaps v South Africa (ODI) 2.00pm

2013

Saturday 9 February Blackcaps v England (T20) 7.00pm 23,758

Saturday 23 February Blackcaps v England (ODI) 2.00pm 17,588

Thursday 26 December (Boxing

Day)

Blackcaps v West Indies (ODI) 2.00pm 8,123

2014

Saturday 11 January Blackcaps v West Indies (T20) 7.00pm 11,838

Saturday 25 January Blackcaps v India (ODI) 2.00pm 28,612

2015

Saturday 17 January Blackcaps v Sri Lanka (ODI) 2.00pm 12,455

2016

Saturday 10 January Blackcaps v Sri Lanka (T20) 3.00pm 17,058

Friday 15 January Blackcaps v Pakistan (T20) 7.00pm 21,183

Sunday 31 January Blackcaps v Pakistan (ODI) 11.00am 9,169

Wednesday 3 February Blackcaps v Australia (ODI) 2.00pm 25,822

2017

Monday 30 January (Anniversary

Day)

Blackcaps v Australia (ODI) 9.30am 27,911

Friday 17 February Blackcaps v South Africa (T20) 7.00pm 22,017

Saturday 4 March Blackcaps v South Africa (ODI) 2.00pm 19,142

2018

Thursday 25 January Blackcaps v Pakistan (T20) 7.00pm 15,244

Friday 16 February Blackcaps v Australia (T20) 7.00pm 29,939

Wednesday 21 February T20 International Trans-Tasman

Tri-Series Final

7.00pm 17,473

2019

Friday 11 January Blackcaps v Sri Lanka (T20) 7.00pm 18,089

Friday 8 February Blackcaps v India (T20) 7.00pm 36,523

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4 BACKGROUND INFORMATION

Eden Park’s owner, the Eden Park Trust Board is a statutory non-profit making body established under the

Eden Park Trust Act 1955. The Eden Park Trust Board (EPTB) is required under the terms of its deed:

To promote, operate and develop Eden Park as a high quality multi-purpose stadium for the use and

benefit of rugby and cricket (including under the organisations of ARU and ACAD respectively

pursuant to their rights under this deed) as well as other sporting codes and other recreational,

musical and cultural events for the benefit of the public of the Region; and

To administer Eden Park and Trust Assets on a prudent commercial basis so that Eden Park is a

successful financially autonomous community asset.

The Eden Park Trust (EPT), the operating arm of the EPTB is required to operate the facility to meet the deed

and provisions of the Unitary Plan and any resource consent (and its conditions).

EPT has relied on various resource consents (the first granted in 1997) that have enabled it to host a range

of events over the last 20 years. This includes the resource consent (R/LUC/2006/4828) for the

redevelopment of Eden Park and enable it to host night-time sporting events that rely on the use of lights.

The resource consent includes conditions that specify detailed operational parameters (start times, finishing

times and frequency) that apply in the case of events using lights.

Planning Framework

Eden Park is zoned Special Purpose - Major Recreation Facility under the Unitary Plan and is also subject to

the provisions of the Eden Park Precinct. The Eden Park Precinct provides the resource management context

for the use of Eden Park as a sporting and recreation venue for day time and night time events.

Rule I310.6.11 sets out the standards for organised sport and recreation undertaken at night time on the

Number 1 field. The standards specify:

1) 25 activities within any 12-month period (but no more than four within a 35 day period) with a

crowd capacity of 50,000 persons;

2) Activity to occur between Monday and Friday after 7.30pm and be scheduled to finish no later than

9.30pm (activities on public holidays are excluded from these time limits);

3) No activities on a Sunday; and

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4) One day/night cricket test match of up to five days in duration within any 12-month period and

counted as one activity.

EPT holds an existing resource consent for T20 and ODI cricket matches, providing for play to occur on

weekdays, between the hours of 7-10pm and 2-10pm respectively.

This application is exclusively limited to a one off T20 cricket match involving the India national team on a

Sunday with a scheduled finish time of 11pm. For the avoidance of doubt, the 11pm finish time is a vital

element of enabling Eden Park to host matches involving the India national team as it better aligns with

viewing times in India and is essential to television rights deals for the games.

While the Precinct provisions include standards for night time activity and provides for up to 25 sports and

recreation activities within a 12-month period, the use of the stadium at night time requires a non-notified

controlled activity resource consent. This method was included in the precinct provisions to enable the

operation of the stadium at night time through adaptive management plans. Specifically, I310.9. Special

Information requirements sets out that a Community Consultation and Communication Management Plan

(CCCMP) and Events Management Plan (EMP) must be prepared and provided to the Council with any

resource consent application for organised sport and recreation activities undertaken during the night time.

The plans are required to include the following information:

I310.9.1 Community Consultation and Communication Plan

1) The Community Consultation and Communication Management Plan must include the following

information in addition to any other matters relevant to the matters of control:

(a) details of the community communication and consultation liaison officer. The community liaison officer

must be identified as being the main and accessible point of contact. The community liaison officer’s

contact details must be listed on the Eden Park and Auckland Council websites;

(b) details of the membership of the Community Liaison Group (CLG);

(c) details of how all of the following have been invited to participate within the Community Liaison Group:

I. Representatives of recognised local community organisations active in the Eden Park community;

II. The Eden Park Neighbours Association Incorporated;

III. The Eden Park Residents Association Incorporated;

IV. Mainstreet business associations from Kingsland and Valley Road;

V. Council and relevant Council Controlled Organisations; and

VI. The New Zealand Police

(d) details of the responses to the request to participate with the Community Liaison Group;

(e) details of how the applicant will provide all of the following to the Community Liaison Group:

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i. Regular updates on scheduling of primary activities;

ii. Opportunities for feedback and input with regard to the effectiveness of the methods to avoid, remedy

or mitigate adverse effects associated with the activity;

iii. Details of how the applicant will respond to queries and complaints including all of the following

matters:

Who is responsible for responding;

How responses will be provided; and

The timeframes that the responses will be provided within; and

iv. Details of consultation undertaken and responses and feedback received. Where responses and

feedback are provided, the applicant must set out how feedback and responses have been addressed,

and if not incorporated into the Community Consultation and Communication Management Plan,

the reasons why;

(f) details of methods for informing each household within the vicinity of Eden Park, the Community Liaison

Group, other stakeholders and affected parties of forthcoming activities and related arrangements

(including the use of fireworks) not less than four times per 12 month period;

(g) details for the Eden Park “hotline”. The Eden Park hotline must be maintained and advertised for the

purposes of enabling the local community, stakeholders and the Community Liaison Group to contact

the appropriate authorities to gain assistance. The hotline must be operated for two hours prior to any

event or function being held within Eden Park and must continue to operate until midday (12:00pm) the

following day after any event; and

(h) Details of the complaints protocol. The complaints protocol must include methods for responding to and

managing complaints arising from the actions of spectators, including methods for liaising with and

assisting the New Zealand Police in devising and implementing an appropriate protocol to ensure as far

as practicable, that spectators do not engage in anti-social behaviour in the vicinity of Eden Park.

I310.9.2. Events management plan

1) The Events Management Plan must include the following information in addition to any other matters

relevant to the matters of control:

(a) Details of methodology for ensuring the removal of litter from streets within the vicinity of Eden

Park.

(b) Details of methods and procedures for preventing the consumption of alcohol in public places and

areas outside of the Eden Park precinct.

(c) Details of pre-event procedures including: (i) methods for ensuring the appropriate coordination of

all agencies involved in managing events including:

- New Zealand Police;

- Security companies (in the precinct and street security patrol);

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- Auckland Transport;

- Bus services;

- St Johns;

- Fire Service;

- Taxi operators;

- Tow truck operators; and

- Media

(d) Methods for ensuring the security arrangements for both inside and outside of the precinct are

undertaken in a safe and efficient manner; and

(e) Details of the post event procedures including methods for ensuring that patrons depart the precinct

in a safe, efficient and orderly manner.

This application is being lodged to enable EPT to undertake an event that includes night time elements. EPT

has established management plans that meet the above requirements, and it is proposed to rely upon those

here. This is addressed in more detail in Section 5 and 7 of this application.

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5 PROPOSAL

This application seeks to enable organised sport and recreation on a Sunday night. Specifically, EPT proposes

to host a one off T20 cricket match between India and NZ. The match is proposed to take place on the Sunday

of Auckland Anniversary Weekend 2020 (26 January 2020) and also coincides with India Republic Day. Play

will be scheduled to commence at 8.00pm and is scheduled to finish 11.00pm, with gates opening at 6.30pm.

This application also includes matches involving the India women’s team on the Number 2 field on Saturday

25 January, and Monday 27 January 2020 during the daytime (this does not form that part of the application

as they are permitted).

The proposed T20 match is included as one of the 25 night time games within a 12 month period provided

through the existing resource consent.

New Zealand Cricket wishes to select Auckland, and specifically Eden Park, to host this event because it has

the capacity to accommodate the number of patrons expected for the match and because its floodlights

meet the strict requirements of the International Cricket Council for T20 matches.

The Eden Park precinct provisions state that organised sports and recreation activities undertaken at night

time on the Number 1 field shall not be undertaken on a Sunday and that the noise limits for all times outside

of the hours of 8.00am and 10.30pm Monday to Saturday must not exceed 40dB. The proposed game will

comply in all respects with the other standards of the precinct.

Eden Park operations around the proposed T20 cricket match will be undertaken in accordance with Eden

Park’s comprehensive operating management plan which has been prepared, incorporating the

requirements of the Unitary Plan, and is appended in Attachment B. The OMP contains the following three

integrated components:

1. Community Consultation and Communications Management Plan;

2. Transport and Traffic Management Plans; and

3. Event Management Plans.

The OMP includes both internal and external processes and procedures design to:

Provide a safe and compliant environment for patrons within the stadium; and

Mitigated the effect that events may have on the surrounding residential amenity.

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The operational processes developed for the above components combine to manage the overall effect of

Eden Park operations on the surrounding residential neighbourhood. The following bullet points summarise

the key components of the operational plan:

Alcohol management processes and procedures;

Traffic management strategies, including through a Traffic Management Group (TMG);

Communication mechanisms (e.g. hot line/resident letter drop/ email messaging/ complaints

procedures);

Collaborative working relationships with external agencies such as Police, Auckland Council,

Auckland Transport, District Licensing Authority and emergency services;

Feedback mechanisms to residents via the Community Liaison Group (CLG) and direct with

individual members of the CLG;

Letter bins and public conveniences placed in surrounding streets; and

Post event residential litter cleaning.

The basis for the level or extent of activation (i.e. number of security personnel, a number of gates opened,

TMP implemented, whether or not liquor checkpoints are activated) is determined by estimated crowd size,

which is provided by the event or venue hirer. In addition to anticipated crowd size, the duration of event

will also influence activation levels.

The mitigations contained in the OMP are based on those successfully used to deliver large scale events such

as the Rugby World Cup and Cricket World Cup games, NRL nines and international rugby and cricket tests.

They were developed in conjunction with feedback from Police, District Licensing Authority, Auckland

Council Compliance Monitoring, Auckland Transport and the Community Liaison Group.

In light of the public interest in Eden Park operations, including the long history relating to resource consents

for the redevelopment and operation of Eden Park, and more recently the establishment of an Eden Park

Precinct through the Unitary Plan, EPT requests that the application be publicly notified. It is noted that the

notification request is in relation to the use of the Number 1 Ground for the Sunday night time activity. The

controlled activity status in relation to the management plan provisions do not trigger notification and

notification would not be requested nor would it be appropriate if this was the only application.

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6 CONSENT REQUIREMENTS

Auckland Unitary Plan – Operative in Part (“the Unitary Plan”)

The following consents are required in the Auckland Unitary Plan: Operative in Part (2016)

1. Activity Table I310.4.1 (A4) specifies that organised sports and recreation undertaken during the

night time is a Controlled Activity. This provision has been included in the Eden Park Precinct as a

mechanism to enable the operation of the stadium at night through adaptive management plans.

2. Rule C1.9(2) – Infringement of standards, provides for the assessment of development standard

infringements as a restricted discretionary activity. Standard I310.6.1.1 of the Eden Park Precinct

states that the noise limits for all times outside of the hours of 8.00am and 10:30pm must not

exceed 40dB. The proposal seeks consent to operate up to a noise level of 55dB on a Sunday night

with a scheduled finish time of 11pm, and accordingly, assessment as a Restricted Discretionary

Activity is required.

3. Rule C1.9(2) – Infringement of standards, provides for the assessment of development standard

infringements as a restricted discretionary activity. The following standards apply to organised sport

and recreation undertaken at night time (emphasis added to identify infringement):

I310.6.11. Organised sports and recreation activities undertaken at night time on the Number 1 field

These activities must meet all of the following standards:

(1) There must be no more than 25 activities within any 12-month period

(2) There must be no more than one day/night cricket test match within any 12-month period

(3) If scheduled between Monday and Friday (inclusive), these activities (excluding day/night cricket

test matches) must commence after 7.30pm and be scheduled to finish no later than 9.30pm.

Activities on public holidays are excluded from these time limits.

(4) Day/night cricket test matches must be scheduled to finish no later than 10.00pm

(5) These activities must not be undertaken on a Sunday

(6) These activities must not exceed four occurrences within any 35-day period; and

(7) The crowd attending any of these activities must not exceed 50,000 persons;

(8) For the purposes of these standards, a day/night time cricket test match of up to five days in

duration is to be counted as one activity.

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The proposal infringes development standard I310.6.11(5) which states that organised sports and recreation

activities undertaken at night time on the Number 1 field must not be undertaken on Sundays, and

accordingly, assessment as a Restricted Discretionary Activity is required.

Permitted activities

Schedule 4 of the RMA requires that where an application is relying on a permitted activity as part of the

proposal, a description of the permitted activity that demonstrates that it complies with the requirements,

conditions and permissions for the permitted activity must be provided.

This application relies on rule I310.4.1(A6) – Accessory Activities, which is an identified permitted activity.

Within the context of an organised sports and recreation event at Eden Park, accessory activities include the

sale of food and beverages to patrons, small entertainment activities (half time entertainment, interactive

activities within the concourse / public areas, etc.), marketing / sponsor activities, all of which are regularly

undertaken in support of primary activities within the site.

Conclusion

Overall, the proposal is to be assessed as a Restricted Discretionary Activity.

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7 STATUTORY ASSESSMENT

The following section analyses the relevant statutory provisions that apply to the application and the locality.

Significantly, these are the provisions of the Resource Management 1991 and associated policies and

documents that relate to resource consents. The RMA sets out the statutory framework, within which

resources are managed in New Zealand. The framework sets out a hierarchy of tests that must be passed in

order for resources to be utilised, either on a temporary or permanent basis. Section 104 of the RMA sets

out the matters for consideration when assessing a resource consent.

Under section 104(1) of the RMA, when considering an application for resource consent and any submissions

received, the consent authority must, subject to Part 2, have regard to:

(i) Any actual and potential effects on the environment of allowing the activity

(ii) The relevant provisions of a national policy statement

(iii) A New Zealand Coastal Policy Statement

(iv) A regional policy statement

(v) A plan or proposed plan; and

(vi) Any other matter that the consent authority considers relevant and reasonably necessary to

consider the application

Overall, the proposal is to be considered as a restricted discretionary activity. Section 104C states that a

consent authority may grant or refuse an application for a restricted discretionary activity. If granted, the

consent authority may impose conditions only over those matters they have retained discretion over.

The following assessment addresses the relevant provisions of Section 104(1) of the RMA.

Section 104(1)(a) – Actual or potential effects on the environment

Section 104(1)(a) of the RMA requires that a council have regard to any actual or potential effects on the

environment of allowing an activity.

Pursuant to section 104(3)(a), a council must not have regard to any effect on a person who has given written

approval to the proposal, nor any trade competitor or effects of trade competition. No written approvals

have been sought or received in relation to the proposal for a T20 cricket match that would be on a Sunday.

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The following assessment is an analysis of both the actual and potential effects arising from the use of the

stadium at night time on a Sunday night for a one off T20 cricket match involving the India national team,

including positive effects.

Scope of Assessment

There is no permitted baseline for this application. On Sunday the 26th of January 2020 the T20 match could

take place during the daytime and up to 8.00pm (30 minutes prior to sunset) as a day-time activity under

the Eden Precinct provisions.

Crowd Behaviour

The largest crowds to attend T20 matches were the Australia (Tri-series) game in 2018 with 29,939 patrons

and the India game in February 2019 with 36,523 patrons. Both of these games were played on a Friday

evening between 7pm and 10pm. The average size crowd for a T20 match over the last seven years is 21,132

patrons.

Notwithstanding the historic crowd size attending T20 matches, the potential crowd effects associated with

a T20 match on a Sunday assume a full stadium of up to 45,000 (maximum crowd size for a cricket match).

There is no increase in intensity in the number of night time matches provided for, as the activity is counted

as one of the 25 activities permitted within a 12 month period.

In my view, any actual adverse effects associated with the change from a weekday or Saturday to a Sunday

will be limited. Given the match falls on a public holiday weekend and within the daylight savings period,

more residents in the surrounding locality are likely to be out of town and partaking in other activities across

the city than other periods of the year. It is also not the night before the start of the school / working week,

being one of the key residential amenity considerations that underlines the Sunday night time restriction

within the Unitary Plan.

Crowd size and behaviour is generally influenced by a range of factors including the opposition team, the

climate, the level of success of the ‘home side’ on the day, composition of the crowd and the quality of the

game. Other factors such as the day of the week and weather can influence whether the bulk of spectators

arrive early or later. The operational measures associated with the arrival and departure of spectators is the

same for day/night events at Eden Park of a similar size and scale. Over the past decade, Eden Park has held

cricket matches on Wednesday, Thursday, Friday, Saturday and also Sunday (Sunday Day match NZ v

Pakistan ODI 31 January 2016, refer to Table in Section 4), and successfully managed crowd effects

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regardless of the crowd size or finish times of the event. This is in larger part to the experience and learning

Eden Park has gained from hosting large events, coupled with planning undertaken prior to the event and

operational management on event day.

The implementation of EPT’s crowd management processes around the stadium ensure that the crowd

moves quickly into (and away from) Eden Park, thus limiting the impact on the surrounding residential

neighbourhood and the local road network. The Eden Park Operating Management Plan (December 2016)

combines the Community Consultation and Communication Management Plan, and a suite of Event

Management and Transport and Traffic Management Plans that vary depending on the anticipated crowd

size for an event.

As with all events at Eden Park, there will be zero tolerance of bad behaviour with Eden Park proactively

controlling bad behaviour in the stadium. Eden Park’s event management systems and procedures have

been well tested and are continuously refined to improve the outcomes for patrons and neighbours. The

systems are comprehensive in terms of addressing the effects of Eden Park operations and are integrated in

terms of coordinating the many stakeholders involved in the events held at the Park.

The Community Consultation and Communication Plan will be implemented prior to the T20 cricket match

taking place to ensure that nearby residents and businesses are aware of the event and the associated

measures to be put in place to manage the event, including the movement of patrons to and from the

stadium each day. Regular contact with the community occurs via the Community Liaison Group which is

administered and chaired by Auckland Council, providing a two-way communication channel so that

resident’s concerns and input forms part of the adaptive management plan method used to maintain the

OMP. This is addressed in detail in the following sub section.

The OMP includes both internal and external processes and procedures designed to provide a safe and

compliant environment for patrons within the stadium and mitigate the effect that events may have on

surrounding residential amenity. The management plan includes the following general procedures

implemented as part of Eden Park’s event management response relative to anticipated crowd size.

Alcohol Management

Eden Park has developed a comprehensive alcohol management strategy, encompassing spectator ingress

(vetting at liquor checkpoints/gate entry) and during the course of an event via caterer controls, security,

District Licensing Authority and Police oversight, thereby ensuring that spectator behaviour entering and

exiting the general environs is appropriate. As with all events at Eden Park, there is zero tolerance of

intoxication or bad behaviour with Eden Park proactively controlling bad behaviour in the stadium.

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Alcohol Checkpoints

The temporary Liquor Ban surrounding Eden Park is activated for all events. For the larger sporting events,

six liquor checkpoints located on the main streets leading into the Park are activated and manned by security

and/or Police. The purpose of these checkpoints is to:

Promote the existence of the liquor ban;

Monitor incoming spectators to ensure appropriate behaviour; and

Prompt the surrender of alcohol carried into the ban area by spectators

Portaloos and Rubbish Bins

Portaloos and rubbish bins are positioned around the outer environs of the Park for all sporting events (the

extent and number of units are determined by the size/scale of each event). Their placement is based on

best practice, consistent with Eden Park Trust’s commitment to mitigate the effect events have on

surrounding residential amenity.

Event Delivery

Eden Park’s event delivery processes and procedures were developed in the lead up to the completion of

the redevelopment project in the readiness of the opening event and Rugby World Cup. These systems were

designed to take consideration of event delivery processes in the stadium and mitigation strategies aimed

at minimising the impact activities undertaken at the park would have on the residential amenity. Safety

within the stadium and the welfare of the public in general have always been imperatives for successful

event delivery. Over the period between Rugby World Cup and present day, event delivery processes and

procedures have evolved as a consequence of consultation between residents (including the Community

Liaison Group), Police, District Licensing Authority, Auckland Transport, Auckland Council, Auckland Tourism

Events and Economic Development and general public feedback, to the point whereby they are considered

(within the industry and regulatory agencies) to represent best practice.

Post Event Security Detail

A post event litter clean is carried out in the general area the following morning, the extent of which is

determined by the TMP/EMP activated for the event.

Control Room

On event days, Eden Park operates a central control room (based on the CIMS framework, which is

commonly used by Police, Fire Services, St John and other emergency service agencies). All operational

decisions are made through the control room, with on-field activities being the only exception to that rule.

Services such as NZ Police, Fire Service, St John, security services, ticketing, traffic management and event

management are located in this room, including the information/hot line. In the event of a complaint from

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the neighbourhood being received, the appropriate response can be initiated immediately to deal with the

issue.

Public Address Systems (P.A.)

The Eden Park P.A systems (volume level) are managed via electronic limiters, which ensure compliance with

the Unitary Plan daytime noise limits. This system is calibrated by a qualified acoustic engineer, and checked

by this specialist for correct operation on a six monthly basis. All venue hirers are contractually obliged to

manage their respective programs (for P.A and music) through the Eden Park limiter control, with both

parties working conjointly to ensure compliance.

Field Lighting

The Eden Park field lighting systems are controlled via sophisticated management systems, which are

configured for three individual settings (cricket, rugby and egress). The lighting system is designed to

concentrate lighting emissions onto the field of play and lower bowl seating areas, and to minimise light spill

out of the stadium structure. Game day use of field lighting is managed in compliance with Unitary Plan

standards. Regular checks are conducted to ensure individual fittings are in keeping with the original

operational design parameters.

Police

NZ Police provide resource for events at scale based around game type and crowd size, including attendance

at liquor checkpoints. For small to large sporting events (5-15,000) a senior sergeant and communications

specialist are stationed in the Eden Park control room and for capacity events, more senior personnel are in

attendance.

Summary

As evidenced above, Eden Park has developed comprehensive management processes and procedures for

events held at the park at night time. Eden Park’s event management systems and procedures have been

well tested and are continuously refined to improve the outcomes for both patrons and neighbours. They

have been refined based on large international events including the Rugby and Cricket World Cups. The

systems are comprehensive in terms of addressing the effects of Eden Park operations on surrounding

properties, and are integrated in terms of coordinating the many stakeholders involved in events held at the

Park.

A T20 cricket match is proposed to be played in January in the summer season when the weather is warmer

and more settled and days are at their longest, with sunset at 8.37pm. The match also falls on the Sunday

of Auckland Anniversary Weekend 2020, where people make the most of the Summer holidays and the ‘long

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weekends’. People also tend to be more active and social during the summer months, taking advantage of

the additional daytime in the evening. These factors help ameliorate the impact that a one off T20 match

undertaken in the evening may have on surrounding residential amenity.

Overall, I consider that the crowd effects of a T20 cricket match involving the India national team played on

a Sunday night will be no more than minor. The implementation of the procedures and processing in the

management plans are able to adequately avoid, remedy or mitigate the impact that events may have on

surrounding residential and business properties, has been demonstrated during past matches at Eden Park.

Further, the proposed date of the game is the Sunday immediately prior to Auckland Anniversary Day 2020,

a public holiday.

Consultation and Communication

The Community Consultation and Communication Plan is implemented prior to a night-time match taking

place to ensure that nearby residents and businesses are aware of the event and the associated measures

are put in place to manage the event, including the movement to and from the stadium. Regular

communication with the community occurs via the Community Liaison Group (CLG) which is administered

and chaired by Auckland Council, providing two-way communication channel so that resident’s concerns

and input forms part of the adaptive management plan method used to maintain the OMP. The main

elements of the consultation and communication plan are as follows:

Information/Hot Line

Eden Park operates a 24/7 information line for residents or member of the public to make contact with Eden

Park during the business week, after hours or over the course of an event. All calls are answered, and action

is taken or written responses issued as soon as possible.

Community Liaison Officer

Contact details for the Eden Park Community Liaison Officer (CLO) are included in the Eden Park website. To

ensure that the local community and general public are able to make direct contact with Eden Park at all

times (irrespective of CLO availability), the information line number is listed on the Council’s website. A

response is provided either directly or within 24 hours of receiving a complaint or general feedback,

depending on the urgency.

Letter Drop

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Eden Park delivers a residents newsletter to all properties likely to be affected by an event (either by mail or

electronic means). The newsletter provides relevant information relating to each event.

Web Site

Eden Park operate a comprehensive web page for the purposes of providing the latest general information

and event specific details.

Community Liaison Group (CLG)

The OMP includes full details of the CLG, administered and chaired by Auckland Council. Membership of the

CLG includes representatives from the Neighbourhood Association, Residents Association, Albert Eden Local

Board, Kingsland Business Society, Dominion Road Business Association, Auckland Council, Auckland

Transport, NZ Police and Eden Park Trust. Eden Park consults with and seeks from the CLF on matters relating

to:

i. The delivery of events;

ii. Changes to event delivery processes and or procedures;

iii. Mitigation strategies designed to eliminate or reduce impacts on residential amenity;

iv. Mitigation strategies associated with feedback from the CLG; and

v. New events which require change/alteration to the existing delivery model or are outside the

planning framework.

The level and sophistication of consultation and communications continues to adapt and evolve to ensure

that residents, stakeholders and the general public are aware of upcoming events and measures put in place

to manage the event. This enables people to pre-plan for event day knowing what measures will be adopted

for a specific event. Overall, I consider that the effects of night time use of the stadium can be adequately

avoided, remedied and mitigated through the consultation and communication process and procedures

identified above. These ensure that surrounding residents, businesses and stakeholders are aware of

activities undertaken at night-time at the stadium and the associated measures put in place to manage these

activities, including the movement of patrons to and from the stadium.

Traffic and Transport Effects

The Eden Park precinct provisions require that the management of associated traffic and transport effects

of an event is undertaken in accordance with a Transport and Traffic Management Plan authorised by

Auckland Transport unless the sport generates a crowd of less than 5,000 people and does not require the

closure of a public road (Standard I3130.6.4 Traffic Management).

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Eden Park operates a range of authorised TTMPs relative to the crowd size anticipated at each event, and

these are included as part of the OMP as Attachment B to this report. As noted above, a capacity crowd in

the vicinity of 45,000 is anticipated for the purpose of this assessment.

A Transport Assessment has been prepared by Traffic Planning Consultants on behalf of EPT, included at

Attachment C to this report. The TPC assessment makes the following observations in regard to any material

differences in effects between undertaking a T20 cricket match on Sunday night and finishing at 11pm:

“We do not anticipate that the general transport effects from allowing this match to occur on a Sunday night

would be any different than if it took place on a Saturday night. The following points are noted in this regard:

The event would be held under the current operational traffic management plans (TMP’s) approved

by Auckland Transport to manage the traffic and pedestrian effects. The traffic management

response around the Eden Park environs is designed to mitigate the effects of traffic and ensure

pedestrian safety while minimising the impact traffic management has on the residential amenity.

Special train and bus services are put in place for large events to coincide with the finish time and

provided these are available there is no material difference in effect.

The third move to manage effects with the events is implementing a communication strategy. This

is a common practice where EPTB works within Auckland Transport to inform and assist residents,

the wider public and patrons of the event and the transport options available to them.

Traffic flows on the surrounding road network on a Sunday night are typically lower than a Saturday

suggesting that the overall effects will be less as there is additional capacity in the network to

accommodate vehicle activity associated with the event. For example, vehicle flows measured by

Auckland Transport on Dominion Road show that daily flows on a Sunday are 12% less than those

recorded on a Saturday.

A review of the scheduled train services on the Western Line reveal that there is no difference in

schedule between a Saturday and Sunday between the hours of 12.00pm and 11.00pm when a

match would be occurring.

Scheduled bus services are also similar with a regular frequency of services occurring on

Sandringham Road and Dominion Road through the time of the event, providing ample opportunities

for patrons to utilise public transport as part of their travel to and from the event if not using special

event services.

With the match planned to be on a Sunday 26 January 2020, the day before a public holiday

(Auckland Anniversary), a reduced demand for public transport and its drivers will be required for

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the following day. This will assist in ensuring a high level of public transport can be for the event

without impacting on public transport requirements on Monday 27 January 2020.

The potential for a cricket event to finish early due to a team’s performance or later due to weather

disruptions and the impact it would have on public transport provisions is no different than what

currently occurs. Nor it is it relevant to what time of day an event starts. Eden Park event organisers

work closely with Auckland Transport and agree (under contractual agreements) as to the provision

of additional public transport services and when they would be provided. During the event both

organisations monitor these types of situations and ensure public transport provisions for the event

occurs efficiently and safely.

Overall, it is considered that the traffic related effects of the proposal to undertake a T20 cricket match

between India and the New Zealand’s Men’s teams on Sunday 26 January 2020 can be accommodated on

the road network without compromising its function, capacity or safety.

I concur with the above statements. In my view, the transport and traffic effects associated with the

proposed match are able to be managed to ensure safety of pedestrian and vehicular movement around the

stadium, regardless of which day the match is being undertaken on.

In addition, given that the match falls on the Sunday before Auckland Anniversary Day, it is possible that this

may result in a reduction of vehicle flows around the stadium, as people may be out of the city for the

weekend, or partaking in other activities across the city.

Accordingly, I consider that any adverse transport and traffic effects on a Sunday will, subject to the

implementation of the OMP overall and the adopted TMP, be less than minor. EPT anticipates conditions of

consent to this effect.

Event Noise and Light Spill Effects

In relation to noise and light spill effects, the public address system and lights will operate for the full

duration of the match under normal cricket match operating conditions. It is noted that Eden Park is readily

able to comply with the lighting requirements of the Unitary Plan, and meets all applicable standards. Eden

Park’s form and the fact that its lights are incorporated in the stands significantly contains light spill.

Marshall Day Acoustics (MDA) has provided a letter dated 13 May 2019 (refer Attachment C to this Report)

relating to the noise requirements of the Unitary Plan, and has confirmed that the proposed match will be

undertaken in full accordance with the noise standards of the Eden Park Precinct. MDA has considered the

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acoustic effect of holding a T20 cricket match at night on a Sunday compared to that which is anticipated

under the Unitary Plan, being any other night of the week.

MDA has detailed that the ‘acoustic exposure’ of the one off T20 cricket match on a Sunday would be no

different to any other day of the week.

MDA make the following comments with regard to background sound, and the likely acoustic impact of the

proposal:

“During the larger games, the typical noise levels will likely result in noise levels between 65 to 68 dB LAEQ for

periods during crowd cheering. Whilst this noise is noticeable when it happens, the effects are limited by

controlling the number of events, the duration and the finish time.

There is no reason why the noise output from a T20 match would be significantly different to a Sunday

compared to a week day, the sound system would be controlled by the same noise limit and crowd noise is

expected to be similar.

The overall noise impact of T20I cricket on a Sunday would not be significant for following reasons:

Only a single T20 match is proposed to be moved to the Sunday;

Residents have a public holiday the following day;

The proposed date is well within the daylight saving period with a sunset time of 8.37pm for 26

January 2020.

During the event (which during the noise daytime) the sound level from the sound system inside a

dwelling would be no more than 40d BLA10 even with windows open. 40 dB LA10 is the night time

upper limit of acceptability for living areas for residential dwellings in suburban areas stated in

AS/NZS2107:2016” Acoustics- Recommended design sound levels and reverberation times for

building interiors.”

In summary, the Acoustic Report outlines that “there will be no difference in the noise output from an T20

cricket match on a Sunday compared to any other day. Aside from this lack of difference in noise level

(weekday to Sunday) the overall noise effects of the event are not significant as it will only occur on Sunday

and it can comply with the Eden Park noise limits which are the most restrictive of any stadium in New

Zealand. The overall noise effects from the application to move a one-off T20 match from a

weekday/Saturday to a Sunday (with a holiday on the following day) will be negligible”.

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Overall, and subject to the proposed conditions set out by MDA, any adverse noise and lighting effects arising

from the proposed use of Eden Park on a Sunday evening for a one off T20 cricket match involving the India

national team scheduled to finish at 11pm will be acceptable.

Economic and other Positive Benefits

Eden Park is the only venue in Auckland capable of hosting international T20 and ODI matches. The

continuation of Eden Park hosting a one off T20 cricket match will allow many Auckland families as well as

visitors to the city, the opportunity to watch the Black Caps play a quality international team in one of New

Zealand’s premier sports venues.

The continued use of Eden Park to host cricket matches makes efficient use of a limited resource and

contributes significantly to Auckland’s social and economic wellbeing, and enabling the ability of Auckland

residents to enjoy one of New Zealand’s national summer sports. No other stadium in Auckland is capable

of hosting ODI and T20 matches.

The match is scheduled to fall on the Sunday before Auckland Anniversary Day which is a public holiday, and

provides an attractive entertainment option for residents of Auckland to enjoy over the long weekend and

will bring with it a range of economic and positive benefits to the local economy.

Effects Conclusion

The anticipated actual and potential adverse effects of the proposed one off T20 cricket match involving the

India national team at Eden Park on Sunday 26 January 2020 until 11pm are able to be adequately avoided,

remedied and mitigated through the specific traffic, event and consultation and communication

management plans developed and operated by Eden park based on the event duration and capacity.

The effects of a T20 cricket match played on a Sunday night and with an 11pm finish time are no different

from those already authorised under the existing resource consent for ODI night matches at Eden Park, and

are able to be mitigated through conditions of consent relating to traffic, event and communications

management, and appropriate noise requirements.

The ability to successfully hold cricket matches on evenings has been proven with hosting of ODI and T20

games over a number of years and the improvement, refinement and adaptation of event and transport and

traffic management measures. These plans provide a safe and compliant environment for patrons within

the stadium and mitigate the effect that events may have on surrounding residential amenity.

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In light of the above, any actual or potential adverse effects of the proposal will be no more than minor

overall.

Section 104(1)(b)(v) – Auckland Regional Policy Statement

In light of the fact that the Auckland Unitary Plan is now operative in part, an assessment of the RPS

provisions of that plan is provided below.

The Auckland Unitary Plan: Regional Policy Statement identifies the following nine issues of regional

significance for resource management in Auckland:

Issue 1 Urban growth and form

Issue 2 Infrastructure, transport and energy

Issue 3 Built heritage and character

Issue 4 Natural heritage (landscapes, natural features, volcanic viewshafts and trees)

Issue 5 Issues of significance to Mana Whenua

Issue 6 Natural resources

Issue 7 The coastal environment

Issue 8 The rural environment

Issue 9 Environmental risk

The relevant issue to this application is Issue 1. Issue 1 relates to enabling quality urban growth and

addresses managing growth in a way that optimises the efficient use of the existing urban area, and supports

integrated land use, infrastructure and development. Key to this application is the use of social infrastructure

in the form of major recreation facilities.

The open space and recreation facilities objectives and policies are set out in B7.2.1 and B2.7.2 respectively

and seek to enable the development of and use of existing and new major recreation facilities in a manner

that avoids, remedies or mitigates significant adverse effects from the use of these facilities on nearby

residents and communities.

The proposed one off T20 cricket match on Sunday 26 January 2020 is to be played within an existing major

recreation facility and is consistent with the regional policy matters set out in the Unitary Plan. Overall, it is

considered that this proposal is in accordance with those high-level policy matters set out in the Unitary Plan

RPS chapter.

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Section 104(1)(b)(vi) – Auckland Unitary Plan (district level provisions)

Objectives and policies

The relevant objectives and policies of the Unitary Plan for the Special Purpose - Major Recreation Facility

zone and Eden Park Precinct are relevant to this application.

The purpose of the Major Recreation Facility zone is to appropriately manage facilities within the Auckland

region capable of hosting large-scale sports, leisure, entertainment, art, recreation, or event and cultural

activities. Major recreation facilities are large, multi-functional sites with the ability to accommodate over

10,000 visitors. These facilities are limited resources that contribute significantly to Auckland’s social and

economic well-being, and their efficient use is of resource management importance to the region. Eden Park

is identified as a major recreation facility.

The Eden Park Precinct provides specific planning controls for the use, development and redevelopment of

Eden Park. The precinct provides for organised sport and recreation, including organised sport and

recreation undertaken during the night time.

The objectives and policies for the Special Purpose- Major Recreation Facility zone and Eden Park Precinct is

set out in the table below.

UNITARY PLAN OBJECTIVES AND POLICIES

Chapter H26 Special Purpose – Major Recreation Facility Zone

Objectives

1. Major recreation facilities are protected and enabled to provide for the social and economic well-being of

people and communities.

2. Adverse effects generated by the operation, development, redevelopment and intensification of major

recreation facilities are avoided, remedied or mitigated as far as is practical.

3. Major recreation facilities are protected from the reverse sensitivity effects of adjacent activities.

Policies

1. Enable the safe and efficient operation of the primary activities within each precinct.

2. Provide for a range of appropriate accessory and compatible activities within the precincts.

3. Discourage activities that may give rise to adverse effects on

i. the function, role, or amenity of any metropolitan town or local centre beyond those effects ordinarily

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associated with trade effects on trade competitors; and

ii. the safe and efficient operation of the transport network.

4. Avoid, remedy or mitigate the adverse effects of major recreation facilities on adjacent development.

5. Enable the appropriate development and redevelopment of buildings whilst managing the adverse effects at

the precinct interface.

6. Recognise the potential for major recreation facilities to give rise to reverse sensitivity effects and require new

activities that are likely to be sensitive to these effects generated within the precinct to manage the risk of

generating reverse sensitivity effects.

Comment

The zone description outlines that this zone is intended to provide for large multi-functional facilities capable

of hosting large-scale sports events, while ensuring that any adverse effects arising from these activities are

minimised. Importantly, the policy direction explicitly recognises the need for major recreation facilities to

provide for the social and economic well-being of people and communities and respond to changes in

recreation and leisure trends.

The use of the stadium for a T20 match on a Sunday evening in accordance with a suite of management plans

is consistent with the objectives and policies of the Major Recreation Facility zone.

Chapter I303 Eden Park Precinct

Objectives

1. Eden Park is protected as a regionally, nationally and internationally important venue for all of the following

primary activities:

i. Organised sports and recreation;

ii. informal recreation; and

iii. day time non-sporting events.

2. A range of activities compatible with, or accessory to, the primary activities are enabled.

3. The adverse effects of the operation of Eden Park are avoided, remedied or mitigated as far as is practicable

recognising that the primary activities will be by virtue of their nature, character, scale and intensity, generate

adverse effects on surrounding land uses which are not able to be fully internalised.

Policies

1. Enable the safe and efficient operation of Eden Park for its primary activities.

2. Protect the primary activities of Eden Park from the reverse sensitivity effects of adjacent development.

3. Enable a range of accessory and compatible activities where they achieve all of the following:

i. avoid, remedy or mitigate adverse effects;

ii. are of a character and scale which will not displace the primary activities.

4. Manage the adverse effects of the operation of Eden Park, having regard to the amenity of the surrounding

properties.

5. Recognise that Eden Park’s primary activites may generate adverse effects that are not able to be fully

internalised and may need to be further mitigated limiting or controlling their scheduling, duration and

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frequency.

Comment

The objectives and policies of the Precinct recognise that Eden Park is a multi-purpose stadium and is one of

New Zealand’s premier sports facilities and specifically recognises and provides for the efficient on-going use

of Eden Park. In doing so, the provisions of the precinct seek to manage the adverse effects of the operation

of Eden Park having regard to the amenity of the surrounding properties, while recognising that Eden Park’s

primary activities may generate adverse effects that are not able to be fully internalised.

Activities at night-time are provided within the Eden Park Precinct to be undertaken in accordance with the

specific management plans. The adaptive management plans are the method employed in the Unitary Plan

to give effect to objective I310.3.3 and policies I310.3.4 and I3130.3.5 which seek to minimise the impacts of

the operation of Eden Park, as far as is practicable, while recognising that activities at Eden Park will be virtue

of their nature, character, scale and intensity generate adverse effects on the surrounding land uses which

are not able to be fully internalised.

Other than that the match is proposed to include play on a Sunday evening, the event is anticipated by the

plan and will operate under the normal event management plan measures employed for all night games at

Eden Park and specific transport and traffic measures to minimise impacts on the surrounding

neighbourhood. The proposal is therefore consistent with the objectives and policies of the Eden Park

precinct.

Objectives and policies conclusion

Overall, it is considered that the proposal satisfies the objectives and policies of the Special Purpose-Major

Recreation Zone and the Eden Park Precinct.

Assessment criteria

The proposed development is subject to a number of controlled and restricted discretionary activities over

which the Council has reserved its control or restricted its discretion of the matters that may be considered

in the assessment of the application. It is appropriate to consider the relevant assessment criteria in each

case, including any reasons as to why each development standard was established (and whether the

proposal meets the purpose of the standard). The preceding environmental effects assessment and the

compliance table largely addresses the matters covered by the assessment criteria however the following

further comments are relevant.

The relevant matters of control for the consideration of the application are set out I310.7.1 Assessment-

Controlled activities. I310.7.1. contains the following matters over which the council has reserved its control

for organised sport and recreation undertaken during the night time:

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a) The effects of the proposed activity on the safety and efficiency of the transport network.

b) The effectiveness of any community liaison.

c) Effects associated with any event management plan.

Section I310.7.2 contains the relevant assessment criteria which are detailed below together with an

assessment of them.

EDEN PARK PRECINCT – CONTROLLED ASSESSMENT CRITERIA

Chapter I303 Eden Park Precinct Comment

(1) effects on the safety and efficiency of the

transport network:

(a) the extent to which there are likely to be adverse

effects on the safe and efficient operation of the

transport network and pedestrian movements;

(b) the extent to which entry and exit points to the

precinct will be managed to suitably accommodate

traffic and pedestrian movements;

(c) the extent to which any proposed mitigation

measures will address adverse traffic and parking

effects. Such measures may include travel planning,

providing alternatives to private vehicle trips and the

preparation and implementation of a Transport and

Traffic Management Plan (prepared by a suitably

qualified and experienced person);

(d) the extent to which consultation has been

undertaken with representatives of any relevant

transport agencies; and

(e) the extent to which bus parking is to be provided

to reduce traffic flows within the surrounding

residential area.

EPT has a suite of Transport and Traffic

Management Plans (TMP) that have been designed

to cater to varying crowd sizes, each of which has

been endorsed by Auckland Transport. The plans

provide a graduated transport and traffic response

which balances the provision of a safe environment

for patrons while mitigating the effects of the

event on surrounding properties with minimal

disruption to local residents. Each plan has been

developed with the combined input of the

Transport Management Group which includes

traffic management specialists, Auckland

Transport, NZ Police, taxi, bus and coach operators

and Eden Park. The plans continue to evolve on the

basis of constant improvement, with any proposed

changes tabled through the Community Liaison

Group for consultation, followed by ratification by

the Traffic Management Group. It is considered

that the proposal meets the above transport

criteria.

(2) the effectiveness of any community liaison:

(a) the extent to which ongoing community liaison

has adequately addressed the immediate concerns

of the community surrounding Eden Park.

(b) the extent to which provision is made for

adequate notice of nigh time events to be provided

to the community; and

Eden Park’s public/residential communications

strategy is multi-faceted, and is designed to ensure

that the public are provided with the necessary

information around future events and members of

the public, the opportunity to make contact with

the Park.

The main elements of the strategy include:

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(c) the extent to which review and monitoring

protocols are developed and will be implemented to

ensure that any community consultation and

communication plan can be updated to address

matters arising through public feedback and

monitoring.

- Info/Hot line

- Community Liaison Officer

- Letter Drop

- Web site

- Community Liaison Group

Through the CCMP, full details of which are set out

as part of the OMP at Attachment B to this report,

provide opportunities for residents and the public

more generally to obtain timely information on

upcoming events, the management protocols

proposed, and for two-way communication

feeding into the ongoing evolution of the Eden

Park management plans. It is considered that the

proposal satisfies the criteria relating to

community liaison.

(3) effects associated with event management:

(a) the extent to which pre-event procedures and

procedures on the day of an event, including the

management requirements in respect of the event

and communications planning, are developed and

will be implemented.

(c) the extent to which security measures are to be

provided both within and outside the precinct to

ensure the safe and efficient operation of the event

and the minimisation of adverse effects on the

surrounding environment.

(d) the extent to which provision is made to ensure

littering and antisocial behaviour in public places

following organised sports and recreation activities

is avoided, remedied or mitigated.

The proposal includes a suite of Event

Management Plans that are operated by Eden Park

to cater to crowds of varying sizes. These establish

the traffic, security and police allocation of the

event, as well as whether liquor checkpoints are

required, where portaloos are located, and the

method for communicating the details of the event

to the local residents in advance of the event. Full

details are included as part of the OMP contained

in Attachment B to this report. Overall, it is

considered that the proposal satisfies the

assessment criteria relating to event management.

C1.9(3) sets out the following matters to be considered where any standard is proposed to be infringed. In

this instance, standard I310.6.1(1) ”noise” and standard I310.6.11(5) – “organised sports and recreation

activities undertaken at night time on the Number 1 Field must not be undertaken on a Sunday” are proposed

to be infringed. When considering an application for resource consent for a restricted discretionary activity

for an infringement of a standard under Rule C1.9(2) the Council will restrict its discretion to the following

matters addressed in the table below.

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INFRINGEMENT OF STANDARDS – RESTRICTED DISCRETIONARY ASSESSMENT CRITERIA

Chapter I310.8.2 Eden Park Precinct Comment

(1) the effects of non-compliance with a noise

standard on the amenity values of surrounding

properties and safety of transport networks:

(a) whether the effects of the activity will give rise to

noise effects that are unreasonable, having regard to

all of the following:

(i) the cumulative effects of other activities which are

permitted on the site;

(ii) the cumulative effects of numerous infringements

of the noise standards; and

(iii) the degree of non-compliance.

(b) Whether people likely to be affected by the

exceedance of noise standards will be given

reasonable notice of the likely effects of the

infringement including start time and end time:

(c) The extent to which additional special events

adversely affect the amenity of surrounding

properties having regard to all of the following:

(i) the sensitivity of the surrounding environment;

(ii) the cumulative effect of numerous infringements

of special event standards;

(iii) the additional number of special events; and

(iv) Whether there is an operational need for the

exceedance.

The infringement to the Noise Standard in the Eden

Park Precinct provisions have been addressed above in

Section 7 of this application and also the Acoustic

Assessment prepared by Marshall Day Consultants,

who conclude that the ‘acoustic exposure’ of a T20

match on a Sunday would be no different to any other

day of the week.

Chapter C1.9. Infringements of standards Comment

(a) any objective or policy which is relevant to the

standard

The relevant Unitary Plan objectives and policies have

been considered above, where it was concluded that

the proposal is consistent with the relevant objectives

and policies of the Major Recreation Facility zone and

the Eden Park precinct. In particular, the ability to host

a one off T20 cricket match on a Sunday night makes

efficient use of Eden Park for one of its primary

purposes: organised sport and recreation as intended

in objective I3130.2.1. The adverse effects of the

operation of Eden Park are avoided, remedied or

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mitigated, as far as practicable, by the implementation

of the suite of management plans to address crowd,

event, and traffic effects generated by activities at the

park that are not able to be fully internalised to the site

as intended in objective I3130.2.2.3. The management

plan measures ensure the safe and efficient operation

of Eden Park for one of its primary purposes; cricket

(policy I3130.1) in a manner that manages the effects

of activities having regard to the amenity of

surrounding residents (Policy I3130.3.4). In terms of

Policy of I3130.3.5, the operating time proposed is

required to enable the one off match involving the India

national team to be played in a manner that meets both

NZC requirements and also the ICB broadcasting

requirements.

(b) the purpose (if stated) of the standard and

whether the purpose will still be achieved if consent

is granted.

Standard I310.6.11 does not include a purpose,

however, the proposal makes amendments to the finish

times for night-time to provide for a one off T20 cricket

match involving the India national team on a Sunday

night to finish at 11pm.

(c) any specific matter identified in the relevant rule

or any relevant matter of discretion or assessment

criterion associated with that rule.

There are no specific assessment criteria for the

infringement of the standard. Matters relative to crowd

behaviours, transport and traffic, consultation and

communication, lighting and noise have been

considered in the assessment of this application.

(d) any special or unusual characteristic of the site

which is relevant to the standard.

There are no unusual characteristics of the site which

are relevant to the standard. Eden Park holds an

existing resource consent that provides for ODI

matches to be played during weekdays and Saturdays

until 10pm.As stated above, the effects of providing a

one off T20 match on a Sunday involving the national

team that is scheduled to finish at 11pm will be less

than minor.

(e)the effects of the infringement of the standard,

and, (f) where more than one standard will be

infringed, the effects of all infringements considered

together.

The actual and potential effects of the proposal to

undertake a T20 match on a Sunday have been

considered in Section 7 above. It was concluded that

any adverse effects can be avoided, remedied or

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mitigated subject to conditions requiring adherence to

noise standards and the implementation of a suite of

the Eden Park Operations Management Plan.

Overall, the proposal can be justified in relation to the relevant assessment criteria identified in the Unitary

Plan. The suite of adaptive management plans have been tested on previous events, are continuously revised

and updated through the Community Liaison Group, and are an appropriate method to manage the

proposed event.

8 SECTION 104(1)(C) – OTHER MATTERS

Section 104(1)(c) requires that any other matter the consent authority considers relevant and reasonably

necessary to determine the application be considered. In this case, there are no matters that warrant

consideration in the context of this application.

9 PART 2 OF THE RESOURCE MANAGEMENT ACT 1991

The purpose of the RMA is to promote the sustainable management of natural and physical resources. As

stated in section 5 of the Act, this means:

5(2) In this Act, sustainable management means managing the use, development and protection of natural

and physical resources in a way, or at a rate, which enables people and communities to provide for

their social, economic, and cultural wellbeing and for their health and safety while –

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the

reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Section 6 sets out matters of national importance relative to the natural character of the coastal

environment, protection of outstanding natural features, protection of areas of significant public access

along coastal marine areas, lakes and rivers, and the relationship of Maori and their culture and traditions.

It is considered that there are no matters of national importance that are relevant to this application.

Section 7 requires particular regard by had to ‘other matters’. Of relevance to this application are:

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(b) the efficient use and development of natural and physical resources

(c) the maintenance and enhancement of amenity values

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

(g) any finite characteristics of natural and physical resources

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

The assessment detailed in this report demonstrates that the proposal is consistent with the sustainable

management purpose of the RMA. The assessment of effects shows that the proposal to play a one off T20

match on a Sunday is consistent with effects anticipated under the Unitary Plan, and avoids, remedies or

mitigates adverse effects on the environment.

The ability to hold a one off T20 cricket on a Sunday will contribute to the efficient use of a physical resource

available within the area, in a manner that provides for the social and economic well-being of the

community. The proposal also retains the contribution to the health and safety of the community in terms

of the measures implemented for a night time event at Eden Park.

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10 NOTIFICATION

Section 95A-95E of the RMA relates to the notification of applications, and states that a resource consent

may be notified at the discretion of Council. Section 95A also states:

(2) Despite subsection (1), a consent authority must publicly notify the application if-

(a) it decides (under Section 95D) that the activity will have or is likely to have adverse effects

on the environment that are more than minor; or

(b) the applicant requests public notification of the application; or

(c) a rule or national environmental standard requires public notification of the application.

(3) Despite subsections (1) and (2), a consent authority must not publicly notify the application if-

(a) a rule or national environmental standard precludes public notification of the application;

and

(b) subsection (2) does not apply.

(4) Despite subsection (3), a consent authority may publicly notify an application if it decides that special

circumstances exist in relation to the application.

In accordance with Section 95A(3)(a), EPT requests that the Council publicly notify this application. There

has been a high level of public interest in previous Eden Park processes, including the resource consent for

the Day-Night Cricket Test held in 2018. In recognition of this fact, EPT considers it appropriate to provide

an opportunity for interested parties to be formally involved in this process.

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11 CONCLUSION

The proposed one off T20 cricket match involving the India and New Zealand Men’s team on Sunday 26

January 2020 is consistent with the objectives and policies of the Unitary Plan as it enables the use of existing

major recreation facilities and resources, recognises the need to provide suitable flexibility so as to respond

to changes in recreation and leisure trends and positively supports the primary use of the facility for sporting

events.

The above assessment has demonstrated that the adverse effects of the proposal are minor, and within the

parameters of the effects anticipated under the Unitary Plan for the use of Eden Park for T20 cricket. The

match will operate under normal event management plan measures employed for T20 cricket games at Eden

Park and specific transport and traffic measures to minimise impacts on the surrounding neighbourhood

while enabling the use of the Number 1 ground for a cricket match scheduled to finish at 11pm and falls on

the Sunday of Auckland Anniversary Weekend 2020.

Tom Morgan Mark Vinall

Tattico Tattico

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ATTACHMENT A

CERTIFICATE OF TITLE

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ATTACHMENT B

EDEN PARK OPERATING MANAGEMENT PLAN

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ATTACHMENT C

ACOUSTIC REPORT

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ATTACHMENT D

TRANSPORT ASSESSMENT