[last updated 21 July 2023]
Appeal to the Environment Court lodged by CJ Industries Limited on 21 July 2023.
If you made a submission on the land use or discharge consent applications, they will serve notice on you within five working days from the date they lodged the appeal with the Environment Court.
To see the notice of appeal that they sent the Council -
https://tdc-nz.sharefile.com/d-s8461b6101f0440e998f56f30e03f02a8(external link)
To see the attachments to this notice of the appeal -
https://tdc-nz.sharefile.com/d-s032429176b6044ff9ab6e21fa406586a(external link)
The Council received an application for resource consents to extract gravel from the berm of the Motueka River and on the landward side of the stopbank at Peach Island.
Commissioner Craig Welsh was the decision maker appointed by the Council.
His decision was to refuse the resource consent applications.
Link to the decision (released 29 June 2023).
09A RM200488 200489 220578 - CJ Industries Ltd - Commissioner decision - 2023-06-29.pdf (pdf 21 MB)
Background details
The Council received an application for resource consents to extract gravel from the berm of the Motueka River and on the landward side of the stopbank at Peach Island.
Copies of the application documents as notified, submissions, all pre-circulated evidence received (including for discharge permit RM220578), and Commissioner's minutes are available below.
Commissioner Craig Welsh was the decision maker appointed by the Council.
His decision was to refuse the resource consent applications.
Link to the decision (released 29 June 2023).
09A RM200488 200489 220578 - CJ Industries Ltd - Commissioner decision - 2023-06-29.pdf (pdf 21 MB)
The hearing was adjourned on 9 May and closed on 17 May 2023.
| When: | Tuesday 9 May 2023 |
| Started: | 9.30 am |
| Morning session | 9.30 am to 12.55 pm |
| Afternoon session | 1.45 pm to 3.35 pm |
| Where: | Council Chambers, Tasman District Council, 189 Queen Street, Richmond |
Before the hearing was reconvenend, in reply to lawyers' memos the Commissioner released Minute No 10.
This was in response to the following:
Submitters - Valley RAGE (Campbell)
Applicant (Aiken, Gavin, MacNeil, Kaye-Blake)
9.30 am Reconvene and housekeeping.
9.35 am Procedural matters - Ms Nightingale (Valley Rage) and Ms Gepp (Applicant).
Recess 9.50 am - 9.55am
9.55 am continue
10.02 am - Applicant Counsel - memo re experts not speaking - clarifications (document 07D-T)
10.12 am Applicant - Right of reply
3.35 pm Commissioner. Information needing clarification - verbal - applicant agreed to provde for the Friday. Link to information provided -
Link to documents for download (received 24 April) -
To view by the Council's webviewer -
The Council has provided comments on the new evidence, conditions and management plans. This includes clarification on land productivity that the Commissioner asked for in Minute no 9.
Link to document (received 14 April) -
Link to Commissioners' Minute no 9.
Reply from the Council
This process step was for submitters who spoke at the hearing. The Commissioner set this out in Minute no 8.
They are in response to the applicant's amended conditions, draft management plans and new evidence, and were received on or before 7 April 2023
The Commissioner issued Minute no 8 to set down the next steps.
These steps included:
The applicant provided their documents on 23 March 2023.
Covering memo from applicant's lawyer
Proposed conditions for discharge permit RM220578
Proposed conditions for land use consents RM200488 and RM200489
Draft Soil Management Plan
Draft Groundwater and Cleanfill Management Plan
Draft Dust Management and Monitoring Plan
The Commissioner has requested comment from the applicant on: effects from flooding and pit erosion, and also clarification on traffic movements.
Link to Minute no 7 - issued 13 March 2023
The applicant replied on 17 March 2023, with a memo from counsel and supplementary evidence from Dr McNeil.
Link to reply documents -
The Commissioner asked for information from the Applicant on the proposed pre-screening of cleanfill material at 34 Hau Road. These related to the potential for traffic effects and clarification on the source of cleanfill and the pre-screening facility.
Link to Commissioner's Minute no 6 -
Link to Applicant's reply to Commissoner's Minute (includes Counsel memo, with separate extra traffic and operations evidence statements) -
The applicant filed filed supplementary evidence for Mr Corrie-Johnstonlater later in March to update the description of his role in his evidence. It had changed, but in error he had omitted to update it in his more recent evidence.
After the hearing was adjourned at the end of Friday 25 November, the Commissioner issued a minute with the next steps for everyone.
The applicant provided supplementary evidence.
Other responses to Minute no 5
Copy of details for joint witness statements (including questions for the experts to address) were in the tdc-sharefile folder 08 Expert witness caucusing:
Joint witness statement and caucusing
Topic |
Date held |
Joint witness statements (released 6 March 2023) |
| Pit erosion | 14 February 2023 | 08A RM200488 and ors - Joint witness statement - Pit Erosion - AIKEN HARVEY GRIFFITH - 2023-03-06.pdf (pdf 203 KB) |
| Groundwater quality | 15 February 2023 | |
| Land productivity | 16 February 2023 |
Note - all discussions during caucusing and preparation of the joint witness statements were 'without prejudice' ie the experts do not discuss with other members of their team or their client etc. Subsequently the only evidence taken into account for the applications are any finalised agreed joint witness statements.
Hearing documents
Applicant
07A RM200488 RM220578 - Hearing - Applicant - Legal submissions - GEPP - 2022-11-21.pdf (pdf 9.6 MB)
07C RM200488 - Applicant - Evidence summary - Landscape - GAVIN - 2022-11-21.pdf (pdf 124 KB)
07D RM200488 - Applicant - Evidence summary - Land productivity - HILL - 2022-11-21.pdf (pdf 214 KB)
07E RM200488 - Applicant - Evidence summary - Flooding - AIKEN - 2022-11-21.pdf (pdf 137 KB)
07F RM200488 - Applicant - Evidence summary - Groundwater - NICOL - 2022-11-22.pdf (pdf 148 KB)
07H RM200488 - Commissioner - condition extract for Applicant _ Nicol - 2022-11-22.pdf (pdf 105 KB)
Submitters, Council, and Commissioner documents refer the hearing documents folder in tdc sharefile folder:
https://tdc-nz.sharefile.com/d-s992284873e11414084f009b99aa90c1d
The hearing started Monday 21 November 2022 at 9.30 am, continued Tues 22 November, Thu 24 November, and Fri 25 November.
The hearing was adjourned at the end of Friday 25 November.
It was held at Sports House, Saxton Fields, 142 Saxton Road East, Stoke in the Boadroom.
Approximate time |
Task / what's happening |
| 9.30 am – 9.45 am | Housekeeping |
| Actual 9.45 am – 11.15 am | Legal submissions (Applicant) |
| Actual 11.15 am – 11.35 am | MORNING TEA |
| Actual 11.35 am – 11.56 am | Tim Corrie-Johnston (Applicant) |
| Actual 11.56 am - 12.17 pm | Liz Gavin (Applicant) |
| Actual 12.17 pm - 1.00 pm | Reece Hill (Applicant) |
| Actual 1.00 pm - 2.00 pm | LUNCH |
| Actual 2.00 pm – 2.15 pm | Mike Nelson (Applicant) |
| Actual 2.15 pm – 2.20 pm | Wayne Scott (Applicant) |
| Actual 2.20 pm – 2.50 pm | Jeff Bluett (Applicant) |
| Actual 2.50 pm - 2.55 pm | Ian Williamson (70, 39) (submitter) |
| 3.30 pm – 3.45 pm | AFTERNOON TEA |
| Actual 3.45 pm – 4.15 pm | Simon Aiken (Applicant) |
| Actual 4.15 pm – 4.45 pm | Dave Averill (Applicant) |
| Actual 8.30 am - 11.00 am | Ryan Nicol (Applicant) |
| 10.15 am - 10.35 am | MORNING TEA |
| Actual 11.00 am – 11.08 am | Calum MacNeil (z) (Applicant) |
| Actual 11.09 am - 11.25 am | Tony Payne (Applicant) |
| 11.25 am - 11.35 am | Break |
| Actual 11.35 am - 11.57 am | Gary Clark (Applicant) |
| Actual 11.59 am - 12.04 pm | Rhys Hegley (Applicant) |
| 12.05 pm - 1.30 pm | LUNCH |
| Actual 1.30 pm - 1.50 pm | Coralie Le Frantz (37, 3) (submitter) |
| Actual 1.50 pm – 2.00 pm | Bill Kaye-Blake (z) (Applicant) (new) |
| Actual 2.00 pm - 2.50 pm | Hayden Taylor (Applicant) (new) |
| 2.50 pm - 3.10 pm | Break |
| Actual 3.10 pm - 3.25 pm | Patricia Harris-Virgin (7, 12) (submitter) |
| .... | early adjournment |
| Actual 8.52 am - 9.05 am | Darin Sunbye (-, 35) |
| Actual 9.05 am - 9.20am | Helen Webster (105, 37) |
| Actual 9.20 am - 11.00 am | Valley RAGE (128, 31) - legal subs |
| 10.35 am- 11.00 am | MORNING BREAK |
| Actual 11.00 am - 11.30 am | Valley RAGE - legal subs continued |
| Actual 11.32 - 11.50 am | Paul Dixon-Didier (53, -) |
| Actual 11.50 am - 12.15 pm | Valley RAGE - Mr Lang (noise) |
| Actual 12.15 pm - 12.45 pm | Valley RAGE - Dr Campbell (land productivity) |
| 12.45 pm - 1.45 pm | LUNCH |
| Actual 1.50 pm - 2.30 pm | Te Ātiawa (143, 49) |
| Actual 1.50 pm - 2.30 pm | Ngāti Rārua (144, 58) |
| Actual 2.30 pm - 2.50 pm | Wakatū (15, 47) |
| Actual 2.51 pm - 3.20 pm | Josephine Tucker (133, 18) |
| 3.20 pm - 3.45 pm | AFTERNOON TEA |
| Actual 3.45 pm - 4.15 pm | Chris Petzold (z) ( -, 41) |
| Actual 4.15 pm - 4.25 pm | Gillian Wratt (32, -) |
| Actual 4.25 pm - 4.35 pm | Anthea Garneym (124, 52) |
| Actual 4.45 pm - 4.50 pm | Valley RAGE - continued (Ms Hollis - Planning) (z) |
| Actual 4.50 pm - 5.00 pm | Valley RAGE - Dr Harvey |
| Actual 5.00 pm .... | Valley RAGE - Pete Taia |
| Actual 8.45 am - 8.55 am | Linda Jenkins (z) (22, -) |
| Actual 8.57 am - 9.07 am | Arthur Woodcock (46,23) |
| Actual 9.07 am - 9.35 am | Hannah Mae (84, 34) |
| scheduled | Helen Forsey (z) (-, 2) |
| scheduled | Alan Campbell & Sally King (z) (129, -) |
| Actual 9.35 am - 9.50 am | John (Max) Clark & Lynette Rombouts (z) (-, 19) |
| Break | |
| Actual 10.00 am -10.15 | Ollie and Nataliya Langridge (109 / 132, 54 / 55) |
| Actual 10.15am - 10.35 am | Trevor Howie (27, 7) |
| Break | |
| scheduled - appeared later. | Barry and Linda Evans (145, -) |
| Actual 11.05 am - 11.27 am | Pete Taia (86, 56) |
| 11.30 - 11.40 am | Break |
| Actual 11.40 am | Council comments - Mr Griffith |
| to 12.05 pm | Council comment - Mr Winter |
| Actual 12.05 pm - 12.15 pm | David Kellogg (z) (-, 40) |
| 12.15pm - 1.30 pm | LUNCH |
| Actual 1.30 pm - 1.50 pm | Council comment - Mr Fon |
| Actual 1.50 pm - 2.20 pm | Council comment - Dr Rutter (z) (incl adjourned for hard copies) |
| Actual 2.20 pm - 2.30 pm | Barry Evans (145, -) |
| Actual 2.30 pm-2.50 pm | Council comment - Mirka Langford |
| Break | |
| Actual 3.00 pm - 3.10 pm | Helen Forsey (z) (-, 2) |
| Actual 3.10 pm. | Ms Bernsdorf Solly - reporting planner |
| Procedural and adjournment |
Submitters who have engaged experts to do evidence share this evidence five working days before a hearing.
The Council received the following:
06C RM200488 and ors - Submitter evidence - Valley RAGE - LANG - Noise - 2022-11-11.pdf (pdf 639 KB)
06F RM200488 and ors - Submitter evidence - Valley RAGE - COMPILED - 2022-11-11.pdf (pdf 5.9 MB)
The following is the applicant evidence received on the land use consent applications on 7 July 2022.
That is, it does not include evidence in response to the Council's section 42A report / recommendation on the discharge permit RM220578.
Either
(1) Link to the Hearing documents web folder:
https://tdc-nz.sharefile.com/d-sbc473cc830c14fc3a2f0de0386f3646e
[link opens in a new window, download the documents to save them]
or (2) individual pdf files:
05A RM200488 - Applicant evidence - Memorandum of Counsel - GEPP - 2022-07-15.pdf (pdf 182 KB)
05B RM200488 - Applicant evidence - Operations - CORRIE-JOHNSTON - 2022-07-15.pdf (pdf 772 KB)
05C-1 RM200488 - Applicant evidence - Landscape - GAVIN - 2022-07-15.pdf (pdf 1.1 MB)
05C-2 RM200488 - Applicant evidence - Landscape - GAVIN - graphics - 2022-07-15.pdf (pdf 12 MB)
05D RM200488 - Applicant evidence - Terrestrial ecology - PAYNE - 2022-07-15.pdf (pdf 915 KB)
05E RM200488 - Applicant evidence - Geotechnical - AVERILL - 2022-07-15.pdf (pdf 405 KB)
05F RM200488 - Applicant evidence - Flooding - AIKEN - 2022-07-15.pdf (pdf 1.2 MB)
05H RM200488 - Applicant evidence - Freshwater - groundwater - NICOL - 2022-07-15.pdf (pdf 20 MB)
05I RM200488 - Applicant evidence - Noise - HEGLEY - 2022-07-15.pdf (pdf 1.2 MB)
05J RM200488 - Applicant evidence - Traffic - CLARK - 2022-07-15.pdf (pdf 1.5 MB)
05K-1 RM200488 - Applicant evidence - Air quality - BLUETT - 2022-07-15.pdf (pdf 510 KB)
05N RM200488 - Applicant evidence - Economics - KAYE-BLAKE - 2022-07-15.pdf (pdf 282 KB)
05O RM200488 - Applicant evidence - Planning - TAYLOR - 2022-07-15.pdf (pdf 964 KB)
The following is the evidence received on 4 November 2022. It covers the discharge permit (RM220578) and new matters on the land use consent applications (RM200488 and ors).
RM200488 RM220578 - Applicant evidence - supplementary - COMPILED set - 2022-11-04.pdf (pdf 4.5 MB)
05B-1 RM200488 RM220578 - Operations - CORRIE-JOHNSTON - supplementary - 2022-11-04.pdf (pdf 244 KB)
05H-2 RM200488 RM220578 - Applicant evidence - Groundwater - NICOL - supplementary - Attachments - 2022-11-09 LATE.pdf (pdf 1.3 MB) (missed by applicant in error - added 9 Nov 2022)
05P RM220578 - Applicant evidence - Quarrying and groundwater - SCOTT - 2022-11-04.pdf (pdf 901 KB)
The Agenda for the hearing with the reporting planner's report and recommendation (section 42A report) is available:
The Council's reporting team was asked by the Commisioner to do extra reporting on new matters when they did their report and recommendation (s42A report) on the discharge permit application RM220578.
Link to the Council's s42A report on the discharge permit and supplementary evidence on the land use consent applications:
RM200488 RM200489 RM220578 - Council agenda - s42A report - 2022-10-28.pdf (pdf 23 MB)
Evidence had already been received on RM200478 and RM200479 from the applicant in response to the Council's section 42A report.
As a result of the application for the discharge permit and other matters, the Commissioner directed the following for the evidence exchange that was still needed before the hearing:
|
The Council officers' report |
Friday 28 October 2022 |
Discharge permit, and extra evidence on land use consents where new applicant evidence |
| Applicant evidence (see applicant evidence 2 tab) |
Friday 4 November 2022 |
Discharge permit and new Council evidence |
| Submitter technical evidence |
Friday 11 November 2022 |
Relevant applications they submitted on |
| Submitter lay evidence |
Day of hearing |
Relevant applications they submitted on |
The Commisisoner has powers to issue directions on the process in the lead up to and during the hearing.
The Commissioner issued a Minute on 20 June 2022 seeking clarification on -
Link to Minute and responses -
RM200488 and ors - CJ Industries Ltd - Commissioner minute no 1 - 20 June 2022.pdf (pdf 270 KB)
RM200488 Applicant - Minute no 1 response - 2022-06-23.pdf (pdf 184 KB)
The applicant stated that a resource consent is needed for the discharges of contaminants from the backfill material.
The Commissioner issued Minute No 2, suspending processing from 18 July 2022 until that resource consent application is made, and the processing of that application 'catches up' to the current process. This is so that the Commissioner can hear evidence on the whole bundle of resource consents needed for the proposal.
Link to Minute no 2 and the Memorandum from the Applicant -
RM200488 and ors - Commissioner minute no 2 - Discharge permit s91 - 2022-07-07.pdf (pdf 267 KB)
The Minute directed that the applicant provided their evidence on the current applications.
Commissioner Welsh issued a direction on the scope of evidence and timetable in response to a memorandum from the Applicant's Counsel that identified that the new National Policy Statement on Highly Productive Land 2022 was now a relevant consideration.
Link to Minute no 3:
RM200488 RM220578 - Commissioner minute no 3 - evidence - 2022-10-04.pdf (pdf 161 KB)
Link to Applicant Counsel's memorandum:
RM200488 and ors - Applicant - Memorandum to Commissioner - NPS-HPL 2022-09-30.pdf (pdf 370 KB)
Commissioner Welsh issued a direction indicating that rebuttal evidence from the applicant was discouraged, and instead ought to form part of the applicant's right of reply.
Link to Minute no 4:
Other later minutes are covered above.
C J Industries Limited
134 Peach Island Road, Motueka
The vehicle access is through a right of way over 493 Motueka River West Bank Road, and is then across Crown land and unformed legal road.
The legal description of the land is Lot 2 Deposited Plan 2357, held in record of title NL77/73 and Lot 2 DP 432236, held in record of title 524970. The right of way is over Section 1 Survey Office Plan 15112 held in RT NL11A/1111.
CJ Industries Limited seeks resource consents for a duration of 15 years to extract gravel from the berm of the Motueka River and on the landward side of the stopbank at Peach Island. This includes stockpiling topsoil, reinstatement of quarried land and associated amenity planting, access formation and signage.
The description of the gravel extraction activity includes the following:
The proposal includes amenity planting within berm land along the western and southern boundary of Lot 2 DP 432236. Within six months of excavation any excavated areas will be back filled, using imported cleanfill material and stockpiled overburden and topsoil.
The proposed vehicle access involves the use of the existing vehicle crossing at 493 Motueka River West Bank Road, then via Crown land and unformed legal road to the extraction / stockpiling areas. The proposal includes establishment and use of a formed / upgraded accessway and safety signage as needed.
Excavated material is transported to the existing processing unit by truck - trailer units with 15 return / 30 single truck movements per day. The proposed transport route off site is west along Motueka River West Bank Road to the bridge at Alexander Bluff Road and then via Motueka Valley Highway. Inbound vehicles may return with back fill material for the extraction site.
The resource consents sought include:
Land disturbance for the purpose of gravel extraction, and associated site rehabilitation and amenity planting, on land zoned Rural 1, Land Disturbance Area 1, and noted as subject to flood hazard under the TRMP.
To establish and use vehicle access on an unformed legal road, and to erect associated signage.
The application states that the following aspects comply with the relevant permitted activity rules and do not require resource consent:
C J Industries Limited
c/- Planscapes (NZ) Ltd, FAO Hayden Taylor
| [email protected] | |
| Post | PO Box 99, Nelson 7040 |
| By hand / courier | 94 Selwyn Place, Nelson |
The Resource Management Act lets the applicant for a notified resource consent stop the processing of their application for up to 130 working days.
When the time runs out Council must restart processing or return the application, though the Council can consider extending the period (see sections 37 and 37A of the RMA).
Council will get in touch with every submitter when the process restarts or after any decision about extending timeframes.
The 130 working days 'as of right' suspension is reduced by the number of days for some other previous stoppages, such as how many days they needed to answer Council's requests for more information.
The Council accepted the applicant's request to suspend processing until June, with the evidence exchange to continue and a hearing expected during the first two weeks of August.
Link to the Applicant request and the Council response
RM200488 - Applicant - Letter - request suspension - 2022-03-07.pdf (pdf 154 KB)
RM200488 - Email out to Applicant - confirm suspension - 2022-03-08.pdf (pdf 97 KB)
Subseqeuently, with the hearing dates known, the Council exercised it's discretion to accomodate a futher suspension to fit the evidence exchange timetable.
The application included an assessment of environmental effects. This included technical reports on noise, traffic, soil capability, and hydrology, and also volunteered conditions.
You can see the application documents below.
01C C J Industries Limited - Applicant - further information provided - 10 June 2021 (pdf 9.6 MB)
The submission period ended on Tuesday 8 February 2022 at 5:00 pm.
You can read copies of the compiled submissions.
Download the individual files for viewing:
02A RM200488 - Submissions - List.pdf (pdf 730 KB)
02B RM200488 - Submissions 01 to 25.pdf (pdf 20 MB)
02C RM200488 - Submissions 26 to 50.pdf (pdf 11 MB)
02D RM200488 - Submissions 51 to 75.pdf (pdf 14 MB)
02E RM200488 - Submissions 76 to 85.pdf (pdf 14 MB)
02F RM200488 - Submissions 86 to 100.pdf (pdf 17 MB)
02G RM200488 - Submissions 101 to 125.pdf (pdf 17 MB)
02H RM200488 - Submissions 126 to 149.pdf (pdf 14 MB)
02I RM200488 - Submissions 150 to 151 - 2022-11-09.pdf (pdf 1.8 MB)
You must have asked to speak at a hearing. If you will consider making a joint submission with any person presenting a submission simialr to yours, you must tell us that you're willing to make a joint submission under those circumstances.
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