Form 31A Notice of Motion1

Transcription

1 Form 31A Notice of Motion1 Section 87G of the Resource Management Act 1991 To: The Registrar Environment Court Wellington 1. WELLINGTON INTERNATIONAL AIRPORT LIMITED (WIAL) applies under 87G of Resource Management Act 1991 (RMA) for: (a) (c) (d) An order that its Application to the Greater Wellington Regional Council and the Wellington City Council (Councils) to enable the construction, operation and maintenance of approximately a 355 metre extension to the takeoff runway available (TORA) at Wellington International Airport, largely by way of reclamation into the Coastal Marine Area (CMA) at Lyall Bay, be directly referred to the Environment Court for determination. The total length of the proposed runway extension (including the toe) from the existing land boundary and into the CMA is approximately 363m. The total construction footprint of the runway extension is approximately 13ha, which includes the CMA, road, Airport Precinct and Open Space B zoned land. The area of the reclamation is approximately 11 ha. The construction works also include an extension to the existing tunnel underpass on Moa Point Road, the construction and maintenance of a submerged wave focussing structure in Lyall bay approximately 450 metres off shore, temporary moorings with the construction exclusion area and other landscape/amenity improvement works in the locality. The Application seeks the following resource consents: (ii) (iii) (iv) (v) (vi) (vii) Reclamation Activities Temporary Structure Activities Earthworks Activities Air Discharge Activities Beach Nourishment Activities Permanent Structure Activities Occupation of Coastal Marine Area Activities (viii) Stormwater Discharge Activities Post Construction (ix) SR Land Use Activities 2. The grounds for this Notice of Motion are: 1 As amended by the directions contained in the Minute of the Court dated 2 November WEL

2 (a) (c) (d) (e) (f) WIAL made an Application to the Councils for resource consents to extend the runway at Wellington International Airport. WIAL also requested the Application be referred directly to the Environment Court for determination. The Councils issued separate decisions on 22 July 2016 in which both Councils agreed to directly refer the Application to the Environment Court in accordance with section 87E of the RMA. WIAL received the reports prepared by the Councils pursuant to section 87F of the RMA on Friday, 7 October WIAL has decided to proceed with direct referral, and has lodged this Notice of Motion within 15 working days of receiving the Councils reports. It is appropriate that the Environment Court determine the Application for the following reasons: (ii) (iii) (iv) (v) The significant public interest in the Application; The technical nature of the Application and the resource consents required; Direct referral will enable the efficient determination of the issues; Will reduce the duplication of process as there is a real likelihood of appeals; Direct referral is consistent with the purpose of the 2009 amendments to the RMA, intended to streamline resource consent processing and reduce costs, delays and uncertainties for all parties; (g) (h) (j) There is no prejudice to any party, the Application has been publicly notified and all 776 submitters are to be served a copy of this notice and affidavit of Steven Sanderson in support. All the submitters have the ability to join these proceedings under section 274 of the RMA; Sections 87C - 87G(2)(a) of the RMA have been complied with and the requirements under section 87G(2) and (c) regarding service and advice to the Registrar will be complied with in due course. Where addresses have been provided by submitters these will be used as a preference for service]; and Upon the further grounds set out in the affidavit of Steven Sanderson filed in support of this Notice of Motion. WIAL attaches the following documents: (a) An affidavit of Steven Sanderson in support of this Notice of Motion; and A list of names and addresses of persons to be served with a copy of these documents Lane neave

3 WELLINGTON INTERNATIONAL AIRPORT LIMITED by its solicitors and authorised agents Lane Neave Amanda Dewar DATE: \\[G\f 2016 Address for Service of Applicant: WELLINGTON INTERNATIONAL AIRPORT LIMITED Cl- Lane Neave PO Box Wellington 6146 Phone: (03) Fax: (03) Mobile: / Contact person: Amanda Dewar/ Joshua Leckie Advice to recipients of copy of Notice of motion How to become a party to proceedings 1. You may be heard on this application if you come within section 274(1) of the Resource Management Act If you are a trade competitor of the application, your right to be heard may be limited. 2. You may be heard on the application as a party, if, - (a) On or before 5pm Monday, 21 November 2016, you lodge a signed notice in Form 33 (attached to this Notice of Motion) with the Environment Court. This can be done by (in PDF Format) to EnviromentCourt&justice.govt.nz If a signed copy cannot be filed electronically you must follow up your electronic s274 notice with a signed copy posted to the Court; or (ii) Filing one signed hard copy in person at the Environment Court; Level 5, Wellington District Court Building, 49 Balance Street, Wellington or by mail to Environment Court - Wellington Registry, PO Box 5027/DX SX 10044, Wellington That you serve a copy of your notice on: Wellington International Airport Limited by mail at Lane Neave, PO BOX 25626, Wellington 6146 attention Amanda Dewar or by to amanda.dewardcnaneneave.co.nz: and WEL lane neave*

4 (ii) Greater Wellington Regional Council and Wellington City Council by mail to Kerry Anderson, DLA Piper New Zealand, PO Box 2791/DX SP 20008, Wellington 6140, kerry.andersonkddladider.co.nz Advice 3. If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch. WEL lane neave

5 Schedule 1 Resource Management (Forms, Fees, and Procedure) Regulations 2003 Reprinted as at 1 July 2015 Form 33 Notice of person s wish to be party to proceedings To the Registrar Environment Court Section 274, Resource Management Act 1991 Auckland, Wellington, and Christchurch I, [full name], wish to be a party to the following proceedings: [state the Environment Court s reference number for the proceedings (eg, RMA 232/2003); or the parties to the proceedings and the nature of the proceedings (eg, an appeal on a resource consent application or an application for an enforcement order)]. I am [state whether you are the Minister for the Environment; or a local authority; or the Attorney-General representing a relevant aspect of the public interest (in this case, also specify the aspect of the public interest); or a person who has an interest in the proceedings that is greater than the interest that the general public has (in this case, also explain the grounds for saying that you come within this category); or a person who made a submission about the subject matter of the proceedings]. I am/am not* a trade competitor for the puiposes of section 308C or 308CA of the Resource Management Act *Select one. *1 am/am notf directly affected by an effect of the subject of the appeal that (a) adversely affects the environment; and does not relate to trade competition or the effects of trade competition. *Delete entire paragraph if you are not a trade competitor. (Select one. 1 am interested in all (or part of) the proceedings. *The part of the proceedings I am interested in is: [explain which part or parts of the proceedings you are interested in]. *Delete if this does not apply. I am interested in the following particular issues: [explain which issues raised by the appeal you are interested in]. 114

6 Reprinted as at 1 My 2015 Resource Management (Forms, Fees, and Procedure) Regulations 2003 Schedule 1 I support (or oppose or conditionally oppose) the relief sought because [state why you support or oppose the relief sought, giving clear reasons for your views], I agree (or do not agree) to participate in mediation or other alternative dispute resolution of the proceedings. Signature of person wishing to be a party {or person authorised to sign on behalf of person wishing to be a party) Date Address for service of person wishing to be a party: Telephone: Fax/ Contact person: [name and designation, if applicable] Note to person wishing to be a party uunijjuliliun pim ijjimnni in guniimi D1H(1) and Part IMf.^lw.ftwiuim Mwwgmww im. iumwita H#WPTOM1H rtiewiwrihjilnii pm tic j Imlmltl' w^cwg1 Liny [J d? iud and jli w lluu puim^weff* Ulmm^LiriLLil Act 1991 furu nuiiu ut Lhu»uUiuiu timing ui uui liuu'naquimtwiub (i mw 99^ Please See Mm u+e of dhe Cou/f dated 2 November ^cls Of Advice 1o Reopen K at e Son elusion of115ivte Nexhce of Mahovn reoprdino how 'to toexowe cx party do dine d'fccf cefe//a( p/dceedtmqe.