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Judicial review mediation outcome

26 November 2018


Mangamaunu Bay and the Surfbreak Protection Society’s judicial review mediation outcome

The NZ Transport Agency has received some preliminary results from the coastal modelling of its proposed shared use path at Mangamaunu Bay, north of Kaikōura.

The shared use path is part of the broader safety and resilience package proposed for the area of SH1 along the Kaikōura coast, south of Clarence, significantly damaged by the earthquake in November 2016.

“While the modelling is not yet complete, it shows that there may be a minor effect on the wave pattern at Mangamaunu in terms of waves reflecting off coastal structures,” says Jim Harland, Director Regional Relationships, for the Transport Agency.

“As a result of this modelling, and given this surf break is considered of national significance, the Transport Agency will not progress the shared use path at Mangamaunu Point under the current consents.”

In turn, the Surfbreak Protection Society has agreed to withdraw its judicial review, Mr Harland says. The Society challenged the consents granted under emergency powers in the Order in Council by Environment Canterbury and the Kaikōura District Council for the shared use path at Mangamaunu Point, requesting instead that any structures or shared use paths in this area should go through normal Resource Management Act processes.

Some essential safety and resilience work to be carried out by the North Canterbury Transport Recovery Infrastructure (NCTIR) team at Mangamaunu Bay will still go ahead. These include:

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· Closing off the informal and unsafe parking area on Mangamaunu Point.

· Improving the Kiwa Road intersection and rail crossing.

· Developing “Fisherman’s carpark” at the bay’s north end to create a safe stopping/parking area.

The work proposed from “Fisherman’s carpark” south around Mangamaunu Point will need to be considered at a later date under the normal Resource Management Act and business case processes, says Mr Harland.

“The Transport Agency is committed to working with the community and with iwi to ensure the outcome of the November 2016 earthquake can be a positive legacy for the wider community. We have seen the start of this legacy recently with the opening of the safe stopping area at Ohau Point, one of several being built south of Clarence, before Labour Weekend.

“More engagement with iwi and the communities to the north and south of Kaikōura will be needed in coming months as several work packages for safe stopping areas are refined with local knowledge and input from people who use these areas and value them, helping to ensure any changes made will be for everyone’s benefit.”

ends

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