r

, DLA Piper New Zealand 205 Queen Street Auckland 1010 P 0 Box 160 Auckland 1140 LA PIPER New Zealand DX CP24027 AKLD 1+6493032019 F +649 303 2311 W www.dlapiper.co.nz

Our ref: 1009788

10 June 2016 '1 lb

Thames-Coromandel District Council 515 Mackay Street THAMES

Attn: District Plan Manager

By email customerservices@tcdc.govt.nz

By hand

NOTICE OF APPEAL - COROMANDEL MARINE FARMERS ASSOCIATION INC V THAMES-COROMANDEL DISTRICT COUNCIL

1 We act for the Coromandel Marine Farmers Association Ind (C0r0MFA).

2 Please find enclosed by way o f service a notice o f appeal under clause 14 o f the First Schedule o f the Resource Management Act 1991. CoroMFA appeals against the decision o f the Thames-Coromandel District Council on section 49 o f the Proposed Thames-Coromandel District Plan.

3 The notice o f appeal was lodged today with the Environment Court.

4 The notice o f appeal will be served on every person who made a submission to which the appeal relates to by 17 June 2016.

Yours sincerely

Anne Buchanan Stephen Quinn Senior Associate Partner Direct +64 9 300 3807 Direct +64 4 474 3217 anne.buchanand1apiper. co.nz stephen.quinndlapiper.co.nz

DLA Piper New Zealand is an independent law firm. It is associated with DLA Piper, a global law firm operating through various separate and distinct legal entities.

2428065_i

Before the Environment Court At Auckland ENV-20 1 6-AKL-

Under the Resource Management Act 1991 (RMA)

In the matter of an appeal under clause 14 o f the First Schedule o f the RMA

Between Coromandel Marine Famers Association Inc

Appellant

And Thames-Coromandel District Council

Respondent

Notice o f Appeal against decision on Thames-Coromandel Proposed District Plan

Date: )U June 2016

205 Queen Street, Auckland 1010 P 0 Box 160, Auckland 1140

DX CP24027 Auckland Tel + 6 4 9 303 2019 Fax +6493032311

Solicitor on the record Stephen Quinn s tephen.quinndlapiper .co.nz Tel +64 4 474 3217 Contact solicitor Anne Buchanan anne.buchanan@dlapiper.co.nz Tel +64 9 300 3807

24273551

To the Registrar Environment Court Auckland

COROMANDEL MARINE FARMERS ASSOCIATION INC (CoroMFA), appeals against part o f the decision o f the Thames-Coromandel District Council (Council) on the Proposed Thames-Coromandel District Plan (PDP).

1 CoroMFA made a submission on the PDP.

2 CoroMFA is not a trade competitor for the purposes o f section 308D of

the Resource Management Act 1991.

3 CoroMFA received notice o f the Council's decision on 29 April 2016.

The Council publicly notified its decision on 29 April 2016. The

decision was made by the Council.

4 The part o f the decision CoroMFA is appealing against is the decision to

not accept the submissions o f CoroMFA on section 49 - Marine Service

zone.

5 CoroMFA opposed the PDP's failure to apply any zoning to the

Sugarloaf landing and sought relief to provide the Sugarloaf landing

with its own specialised zone and rules or, alternatively, with Marine

Service zoning to provide for and recognise the existing consented use

o f the area for marine farming port activity.

6 The decision o f the Council was to rezone the Sugarloaf landing to

'Marine Service zone' but it failed to address CoroMFA's submissions on

section 49 and to amend section 49, including the zone description.

General reasons for the appeal

7 The reasons for the appeal are that the decision:

7.1 Will not promote the sustainable management o f resources;

7.2 Will not achieve the purpose o f the RMA;

7.3 Will not enable the social and economic well-being o f people

and communities nor allow them to provide for their health

and safety;

7.4 Will not meet the reasonably foreseeable needs o f future

generations;

7.5 Is contrary to Part 2 and other provisions o f the RMA;

7.6 Will have adverse effects on the environment which are not

avoided, remedied or mitigated.

Specific reasons for the appeal

8 CoroMFA appeals against the failure to amend section 49 to apply the

Marine Service zone provisions to Sugarloaf because:

8.1 The Sugarloaf landing facility on the south side of

Coromandel Harbour is now the sole significant port facility

for the Coromandel mussel industry. It is a vital resource for

the aquaculture industry in the district.

8.2 The mussel industry is planning further development at

Sugarloaf to expand capacity and enable the efficient use and

development o f this important resource.

8.3 The PDP should recognise the importance o f the facility to the

district and plan provisions should allow for a range o f marine

farming port activities as permitted, controlled and restricted

discretionary activities.

8.4 Incompatible activities should be discouraged from

establishing on the landing as these may give rise to reverse

sensitivity effects.

8.5 The failure to amend section 49 as sought means that the

aquaculture activities to be undertaken at the Sugarloaf

2

I

landing will be categorised as non-complying activities under

the PDP because they are not listed in the zone description or

activity table but are listed in the Section 1 Activity Summary

table.

Relief sought

9 The relief CoroMFA seeks is:

9.1 That the relief it sought in its submission be granted, and that

section 49 is amended to apply the Marine Service zone

description, purpose, activity table, rules and other provisions

to the Sugarloaf landing.

9.2 Such further or other relief o f consequential or other

amendments to these or other provisions considered

appropriate and necessary to address CoroMFA's concerns.

Documents attached

10 CoroMFA attaches the following documents to this notice:

10.1 A copy o f its submission on the PDP.

10.2 A copy o f the decision o f the Council on section 49.

10.3 A copy o f the decision o f the Council on the rezoning request.

10.4 A list o f the names and addresses o f persons to be served with

a copy o f this notice.

3

I

Date: ( J June 2016

/

/ . S F Quinn Solicitor for the Coromandel Marine Farmers Association Inc

This document is filed by Stephen Francis Quinn of DLA Piper New Zealand, solicitor for

the Coromandel Marine Farmers Association Inc.

The address for service on the Coromandel Marine Farmers Association Inc is at:

DLA Piper New Zealand

Level 22 DLA Piper Tower

205 Queen Street

Auckland 1010

Documents for service on the Coromandel Marine Farmers Association Inc may be:

Left at the above address for service, or Posted to the solicitor at 160, Shortland Street, Auckland 1140, or Transmitted to the solicitor by fax on +64 9 303 2311

Please direct inquiries to:

Anne Buchanan

Tel +64 9 300 3807

Email anne.buchanandlapiper.co.nz

How to become party to proceedings

You may be a party to the appeal i f you made a submission or a further submission

on the matter o f this appeal.

To become a party to the appeal, you must,-

0 within 15 working days after the period for lodging a notice o f appeal ends, lodge a notice o f your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies o f your notice on the relevant local authority and the appellant; and

4

within 20 working days after the period for lodging a notice o f appeal ends, serve copies o f your notice on all other parties.

Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1) and Part 1 1A o f the Resource Management Act 1991.

You may apply to the Environment Court under section 281 o f the Resource Management Act 1991 for a waiver o f the above timing or service requirements (see form 38).

The copy o f this notice served on you does not attach a copy o f the appellant's submission and the decision appealed against. These documents may be obtained,

on request, from the appellant.

Advice

I f you have any questions about this notice, contact the Environment Court in Auckland.

Submission 565

Coromandel Marine Farmers' Association

By 14 March 2014

District Plan Reviewer TCDC, Thames

TCDC Proposed District Plan

The Coromandel Marine Farmers Association (CoroMFA) makes this submission on the TCDC District Plan Review. Please refer to Appendix One for information and statistics on our industry, which highlights the very considerable importance and benefits of our marine farming industry for the District, the Region, and for NZ. Our Association has as our members all the Mussel and Oyster farmers of the Coromandel District and the wider Region.

CoroMFA could not gain an advantage in trade competition through this submission.

If others make a similar submission, CoroMFA will consider presenting a joint case with them at a hearing.

In summary, our submissions are;

Sugarloaf Wharf facility must be better provided for including by zoning it for what it is rather than it being ignored as at present. The Sugarloaf Wharf facility on the south side of Coromandel Harbour is now the sole significant port facility for our entire Coromandel Mussel industry. Sugarloaf is the best Aquaculture Wharf and Aquaculture Wharf-development location option because it has;

• all-tide depth, both alongside and for approaches • shelter from all weather quarters • located centrally/close to the marine farms, and to shore-bases facilities

and to moorings • reasonable road access • traffic advantages including avoidance of heavy trucks through town • best cost

There should be planning provision to support improved landings/ramps and like facilities, immediately adjacent to the town, for Recreational and Commercial (eg Charter) users. That includes provision of suitable marine precinct status (eg Marine Service zoning) and for carparking, access-road/s, ramps, haulouts, etc.

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P 0 Box 118, Whitianga 3542.

ph 07 866 4195 email: L j _crv:ces.net.nz Executive Officer Torn Hollings, PO Box 104016, Auckland 0654. 1336620_1 ph 09 378 7001 fax: 09 378 6939 email: t r 102

Page 2397

Submission 565

Provision is needed for our Shore bases at Coromandel, which are vital to our industry. Existing shore-base yards, and suitable further land as per the recent Plan Change #9, should be suitably zoned eg Industrial.

Finally, there needs to be provision for Coromandel itself to grow. That is by its recognition as the 4th Town of the District, not just a settlement That was an issue during the Draft Plan and we are unclear at this stage on how the Plan has addressed that. Further development of the marine farming of shellfish and finfish industries in Coromandel and related tourist and other businesses (eg gear supply, charter business) will support that.

Giving effect to the general and specific relief set out in this submission ensures that the provisions of the Proposed District Plan (Plan) raised by this submission:

(a) Address the relevant provisions in sections 5-8 RMA; (b) Implement the statutory tests in section 32 and the requirements in

the First Schedule RMA; (c) Address the relevant statutory functions of the consent authority and

the statutory requirements for the Plan. (d) Address the considerations identified by the Environment Court for

planning instruments in decisions such as Long Bay-Okura Great Park Society Inc v North Shore City Council (and subsequent case law);

(e) Avoid, remedy or mitigate relevant and identified environmental effects.

In detail, our submissions are (with Relief-Sought first and then detailing our Reasons) as follows;

Re Planning maps 15A (zones) and 15A (overlays) and section 49 Marine Service Zone and related text

1. Amend the planning maps and text to; firstly recognise the existence of the land that is the current Sugarloaf landing (ramps, wharf and reclamation) and secondly provide the Sugarloaf landing with; preferably its own specialised Zone and Rules or alternatively with Marine Service Zone status with specialised provisions to provide for and recognise the existing (consented) use of the area for marine farming port activity. The provisions should allow for a range of marine farming port activities as permitted, controlled and restricted discretionary activities and, where appropriate, should discourage other incompatible activities from establishing there. Further details are to be provided in evidence for the hearing.

The Plan is essentially constructed around Overlays and Zones and the lack of recognition for Sugarloaf Landing as land nor any zoning for it, makes it very difficult to relate the Plan and vice versa, to this area. The current failure to plan for Sugarloaf and indeed recognise its existence as land of the District, is unnacceptable. While the area has been reclaimed and the TCDC is yet to be given title to it from the Crown, that is imminent.

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P 0 Box 118, Whitianga 3542.

ph 07 866 4195 email:'—( ! ' , , -_

-+-- ~ces.net.nz Executive Officer Tom Hollings, P 0 Box 104016, uckland 0654. 1336620_i ph 09 378 7001 fax: 09 378 6939 email: pYiico.nz

Page 2398

Submission 565

In any event, the area has been land of the District since 1999 and is no longer CMA, in an RMA sense, and it must be recognised and dealt with as such, by this Plan.

The appropriate zoning status for the Sugarloaf facility of the available choices is Marine Service. This zone is purportedly designed for marine farming port activity and appropriate for Sugarloaf, given that is where over 90% of the District's marine farm wharfage and related activities occur.

We correspondingly submit that the section 32 report/analysis is inadequate and indeed incorrect and requires revision. For example 6.6.1 on p 32 of the s 32 analysis states that "the Marine Service Zone is confined to ...

.Coromandel ... It caters for ... marine farming and fishing

activities." We support the following s 32 Benefits Costs Effectiveness Efficiency section. However, as the proposed Plan stands it does not and will not achieve that s. 32 objective or will only achieve it to an insignificant degree. This s.32 objective is still worthy however and the proposed Plan should be amended to give effect to the intent of this s.32 objective.

As the effective (and soon to be actual) Landowner of this area, TCDC can control untoward uses of the area but may be unable to facilitate/support otherwise reasonable new uses while the area remains un-zoned.

2. Maintain the Zone of "Recreation Passive Zone", as it stands for Sugarloaf (headland) as shown on "Map 15A Zones" subject to also making the making the change sought in our submission # 1 above, otherwise leave this area un-zoned.

3. Maintain the Overlay as is for Sugarloaf (headland) as shown on "Map 15A Overlays".

Part II Overlay issues, objectives and policies Section 7 - Coastal Environment

4. Objective I re Subdivision, use and development in the Coastal Environment should be amended as follows (deletions shown with strikethrough, additions underlined); Objective 1

Subdivision, use and development in the Coastal Environment:

• Maintains the integrity, form, functioning and resilience of the Coastal Environment; and

• Preserves the natural character, natural features and landscape values of the Coastal

nvirecimen.t—Avoids remedies and/or mitigates adverse effects on the natural

character, natural features and landscape values of the Coastal Environment taking into

account:

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P0 Box 118, Whitianga 3542.

ph 07 866 4195 email: Louis(FZpbservices.net.nz Executive Officer Tom Hollings, P0 Box 104016, Auckland 0654. 1336620_1 ph 09378 7001 fax: 09 378 6939 email: LLCOflZ

Page 2399

Submiss ion 565

- the extent to which functional need or an existing use limits location and development

options:

- the presence of man-made changes to landforms and vegetation;

- the presence/absence of buildings and structures:

- the particular elements which contribute to the natural character of the area and the

extent to which they are affected: and

. Recognises the relationship of t n g a t a whenua with the Coastal Environment; and

Maintains and enhances public open space and recreation opportunities in the Coastal

Environment Avoids remedies and/or mitigates adverse effects on public open space

and recreation opportunities in the Coastal Environment; and

. Manages coastal hazard risks; and

. Protects and enhances historic heritage values.

5. Section 7.2 issues and 7.3 objectives fail to recognise the functional need for some activities to locate near the coast. This section also emphasises absolute protection of the coast without recognition of existing modified environments.

Part Ill District wide issues, objectives and policies Section 15 - Settlement Development and Growth

6. Issue 4 is supported insofar as it recognises that incompatible land uses can cause reverse sensitivity effects and restrict commercial and industrial opportunities. Issue 4 should be retained in its current form.

7. Section 15.3 Objective 2 and related policies are also generally supported. The Council should encourage the retention of existing business activities and the development of new business activities that will lead to economic growth. Policy 2e relating to protection of industrial areas from reverse sensitivity effects is also generally supported, although the word 'undue' should be deleted.

8. Section 15.3 Objective 3 and policies 3b and 3c n) are supported and should be retained. Marine activities and industries form part of the coastal environment's special values. Policy 3b recognises that marine based industries need to locate in the coastal environment and it is vital that infrastructure which supports our aquaculture industry can be located there.

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P 0 Box 118, Whitianga 3542.

ph 07 866 4195 email: iervices.net.nz Executive Officer Tom Hollings, P 0 Box 104016, Auckland 0654. 1336620_1 ph 09 378 7001 fax: 09 378 6939 email:

Page 2400

Submission 565

Section 18 - Transport

9. Section 18.2 Issue 7 and section 18.3 Objective 7 and related policies are supported and should be retained. Activities in Marine Service zones need to be protected from inappropriate subdivision, use and development which may constrain their operations and have flow-on effects on the transportation network.

Part IV Area issues, objectives and policies Section 21 - Industrial Area

10. The issues, objectives and policies should be retained without any changes. The Industrial Area issues, objectives and policies are generally supported, particularly insofar as they seek to protect industrial land for industrial activities, recognise the economic, social, cultural and environmental benefits of industrial activities and require the protection of such activities from reverse sensitivity effects and incompatible subdivision, use and development,

Section 23 - Residential Area

11. Objective 6 and Policy 6a 6b in section 23.3 are generally supported as they seek to prevent reverse sensitivity effects from residential development that may compromise the operation of existing industrial activities. The situation of the Residential Area at Puriri Road and adjacent marine farming uses at Sugarloaf are of particular concern to C0roMFA. However, it is not just 'significant' reverse sensitive effects which need to be addressed. Objective 6 should be amended by deleting the word 'significant'.

Planning maps

12.Make provision in the Plan to support improved landing/ramps and like facilities, immediately adjacent to the town, for Recreational and Charter users. That includes provision of suitable marine precinct status and for; carparking, access, roads, ramps, haulouts, etc.

Also Amend the Plan by changing; • Map 1 1 Overlays to remove the Natural Character Overlay along

the waters edge on that land that is south of Wharf road and around Furey's Creek rivermouth. This should be removed because this area is already substantially modified, and is not natural. Rather it is relatively recently human-made shore that is often mud-dominated and with some mangroves or grassy land and does not have significant intrinsic special nor natural character.

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P 0 Box 118, Whitianga 3542.

ph 07 866 4195 email: LoulsLpbservices.neT.nz Executive Officer Tom Hollings, P 0 Box 104016, Auckland 0654. 1336620_1 ph 09 378 7001 fax: 09 378 6939 email: tom:hrmco.nz

Page 2401

Submission 565

Map 1 1 Zones to fully recognise all existing land as shown in the 1 1 Overlay Map and also to zone the whole area including the Recreation-Active zoned area to Marine Service. Zoning and re- zoning is required to recognise existing activities such as boat mooring and servicing and landing and make more provision for marine activities particularly those which will support commercial and light industrial uses such as the aquaculture industry. The Recreation (Active) zoning is not a good fit for this locality. For example Recreation Objective 22.3 Objective 3 provisions which would unreasonably restrict or preclude development. Recognise as land and also Zone the Town Wharf, and in its entirety (the map is potentially incomplete), as; either marine service, or with specialised zoning.

Marine farming shore bases at Coromandel 13. Make Provision for marine farming shore bases at Coromandel, which are

vital to our industry. Existing shore-base yards should be suitably zoned eg Industrial.

Town status of Coromandel 14. CoroMFA supports the recognition of Coromandel as the "town" that it is,

and opposes the use of the status of "Settlement" for Coromandel as that would unreasonably impede needed development. Coromandel is the ideally located and resourced 4th town of the District. The Plan must recognise Coromandel's "Town" status.

Other relief 15. CoroMFA also seeks:

(a) Any related or consequential relief necessary to give effect to its concerns; (b) Any other necessary and consequential amendments to the Plan.

Hearing

CoroMFA wishes to be heard in support of its submission.

Thank you for this opportunity to submit and we welcome further dialogue.

Yours sincerely

Gilbert James

Gilbert James Chair, CoroMFA

Appendices • Appendix I Our Industry • Appendix 2 Overlays • Appendix 3 Zones

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P 0 Box 118, Whitianga 3542.

ph 07 866 4195 email: Lc erces.net.nz Executive Officer Tom Hollings, P 0 Box 104016, Auckland 0654. 1336620_1 ph093787001 fax: 09 378 6939 email: hrm.co.nz

Page 2402

Submission 565

Appendix I Our Industry

Our Coromandel Marine Farmers' Association Incorporated has as membership every marine farm within our region. That is at; Coromandel, the Thames Coast, Waimangu Point, East Auckland, Waiheke Island. We work very closely with the Great Barrier Island and Mahurangi harbour marine farmers who constitute the rest of the industry in the Hauraki Gulf. Our members produce Greenshell Mussels & Pacific Oysters for both export markets and for the important North Island markets.

The 2007 economic impact assessment of the existing aquaculture industry in the Waikato Region, done by Covec Limited (available on EWRC website /publications / "community and economy') highlights that that industry adds:

$27 million to Region's GDP ($31.4 million by 2011) ,.- 400 people directly employed (270 FTEs)

$9.6 million paid in wages All this from the existing farms with about 200 hectares still to be developed in Wilson Bay Area A (consented in 2001) and the whole of Area B (520 hectares) to come on-stream now that consents have been issued for most of it.

Annual production is - 25,000T of Greenshell mussels. The significant new areas of water now pending final approvals or in development will produce a further 30,000 to 40,000 tonne annual production (2.5 times current) of Greenshell mussels. There are also opportunities to invest in other forms of aquaculture development such as finfish farming.

Annual production by our members is approximately 1 M dozen Oysters, a significant part of which is brought into Coromandel for further finishing and processing. There is a large Oyster processing facility in Coromandel itself which also receives Northland product to complement local production. The estimated total sales value of our members' Oyster production is approximately $7million.

The total full-time employment created by our sustainable industry, in transport packaging and processing, mostly at Coromandel, Whitianga, Tauranga and Auckland is of the order of 500 to 1,000 people. Iwi/Maori businesses now own a significant proportion of the marine farms in Waikato.

The industry is planning to expend significantly in improving infrastructure in the region.

Our marine farming industry contributes significantly to New Zealand's broad economic, social and environmental goals, by;

• sustainable production with low environmental impact • significant exports and wealth creation with most inputs sourced locally • healthy, delicious, available seafood products for NZ consumers • significant employment, notably for Maori and also in more remote areas where other

employment opportunities are few & seasonal • significant Regional economic returns, including for Maori as significant investors in the

industry • fishing at Mussel farms, enhancement of opportunities • ensuring shellfish harvests from growing waters are always clean (annual cost

>$250,000), to meet our stringent industry agreed standards, to prevent microbiological and biotoxin contamination. This data is also important to the Ministry of Health for protecting the public interest in safe shellfish.

Coromandel Marine Farmers' Association (Incorporated) President Gilbert James, ph 07 868 1355 Accountant Louis Wright, Peninsula Business Services Ltd., P 0 Box 118, Whitianga 3542.

ph 07 866 4195 email: : v i c e s . net. nz Executive Officer Tom Hollings, P 0 Box 104016, Auckland 0654. 1336620_1 ph 09 378 7001 fax: 09 378 6939 email: 1JrT.co.nz

Page 2403

Stibmisinn 965

Page 2404

565

Page 2405

Submission 565

Page 2406

SiihmisinnR

Page 2407

Attachment 4 - List of the names and addresses o f persons to be served

Submission Name Addressl Address2 number

397.86 & 89 Thames-Coromandel 515 Mackay Street THAMES 2500 District Council Attn Andrew Wharton Andrew.wharton@tcdc.govt.nz

405.37 Joyce Birdsall 22a Paku Drive TAIRUA 3508

jandbbirdsall@clear.net.nz

493.2 John Jacobs 22 Motuhoa Road TAIRUA 3508

jacobsnz@yahoo.co.nz

494.2 Anthony and Susan 22 Motuhoa Road TAIRUA 3508 Jacobs

sueandathony@xtra.co.nz

496.2 Richard Jacobs 2/26 Headcorn Place, AUCKLAND 2010 Botany Downs

Masterplan.rich@gmail.com

497.2 Simon Jacobs 103 Litten Road, AUCKLAND 2014 Cockle Bay

rachelandsimon@xtra.co.nz

791.61 Sue Edens and others 822 Black Jack Road WHITIANGA 3592 Opito Bay, RD 2

sue.edens@xtra.co.nz

963.4 Donald Hughes 407 Te Kouma Road COROMANDEL 3581 RD1

24279241