Hon Dr Nick Smith

Minister for the Environment

3 September 2010 Media Statement
Waterview Connection goes to Board of Inquiry

Environment Minister Nick Smith today announced the decision to refer the New Zealand Transport Agency’s proposal for the Waterview Connection Project to an independent Board of Inquiry under the new national consenting process.

“The Waterview Connection project linking State Highway 20 and State Highway 16 is the largest infrastructure proposal that has ever been lodged under the Resource Management Act,” Dr Smith said.

“After receiving the NZTA application and the recommendation from the Environmental Protection Authority, Conservation Minister Kate Wilkinson and I have decided that an independent Board of Inquiry, chaired by an Environment Court Judge, is the most appropriate way to decide the outcome of this nationally significant roading proposal.

“The Government wants a robust and fair process while ensuring the decision is made in a timely way. We want to prevent the sort of debacle that occurred with the Wellington Inner City Bypass where consents took more than 15 years. That is why we reformed the RMA last year to provide for this streamlined process.

“The major change from the reforms is the consent is processed by the EPA, determined by a Board of Inquiry within nine months and that subsequent appeals of decisions are limited.

“This huge project, incorporating 54 resource consents easily meets the threshold of the national consenting process. It involves 5 km of new state highway including tunnelling and surface roads to complete Auckland’s Western Ring Motorway. The Conservation Minister has an important role because the project involves reclamation of tidal saltmarsh and marine space involving the Hauraki Gulf and Motu Manawa (Pollen Island) Marine Reserve.”

The Board of Inquiry will be chaired by experienced Environment Court Judge Laurie Newhook, and board members include resource management consultant Ross Dunlop, civil engineer and Franklin District Councillor Susan Jackson, barrister Alan Dormer, and consulting engineer Gerry Te Kapa Coates.

Information about the application, the board of inquiry, and how to make a submission can be found at www.epa.govt.nz/applications/waterview/

Biographies of Board of Inquiry members

Judge Laurie Newhook (Chair). Judge Newhook was admitted to the bar in 1972 and is experienced in resource management and local government law. He has been an Environment Court Judge since August 2001. As an Environment Court Judge he has presided over many resource management cases, including applications for sand mining, a prison, marine farms, designations, zoning, coastal subdivisions and urban development.

Ross Dunlop has extensive resource management and planning experience in both the public and private sectors in the following work areas: Environment Court hearings; decision-making and writing, Court assisted mediation, resource consents, assessments of environmental effects, feasibility investigations; public consultation, plan and policy statement preparation. Mr Dunlop was appointed as an Environment Court Commissioner in 2003.

Susan Jackson is accredited with a chair endorsement on the Making Good Decisions programme for hearing commissioners. She is a Franklin District Councillor and holds qualifications in civil engineering. Ms Jackson has been a lecturer in civil engineering at Manukau Polytechnic and has worked on numerous projects specialising in foundation drilling in the field of heavy construction.

Alan Dormer is a barrister who practices in public law and policy, environmental and local law and resource management law. Previously of Phillips Fox he is now a barrister in Auckland. Mr Dormer has advised government and the law commission, been retained by more than 30 local authorities since joining the independent bar, is an appointed hearings commissioner for eight local authorities, has taught the “Making Good Decisions” programme for hearing commissioners and has served three terms as President of the Resource Management Law Association.

Gerry Te Kapa Coates is a Member of the New Zealand Order of Merit and has extensive experience in consulting engineering at all levels including expert witness services, strategic planning, sustainability and technical writing. He has experience as a chair and board member and is currently a Director for Ngai Tahu Holdings Ltd and Waihao Holdings Ltd and a Board member for Waihao Te Runanga O Ngai Tahu and Te Ana Whakairo Ltd. Mr Te Kapa Coates has more than 25 years of experience and has worked as an expert witness on 650 investigation cases.

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