Pursuant to section 16(4) of the Canterbury Earthquake Recovery Act 2011, the Minister for Canterbury Earthquake Recovery gives the following notice.
N o t i c e
1. Title-This notice is a direction to develop a Lyttelton Port Recovery Plan.
2. Direction-Pursuant to section 16(1) of the Act, I direct Lyttelton Port Company Limited and Canterbury Regional Council to develop a Lyttelton Port Recovery Plan in accordance with the process set out in this direction.
3. Responsible Entities' Roles
3.1 Lyttelton Port Company Limited must provide Canterbury Regional Council with all necessary information to enable it to prepare a preliminary draft Lyttelton Port Recovery Plan.
3.2 Canterbury Regional Council must develop a draft Lyttelton Port Recovery Plan for public notification by the Minister for Canterbury Earthquake Recovery.
4. Geographic Extent
4.1 The Recovery Plan must focus on Lyttelton Port and the surrounding coastal marine area as illustrated generally on Map A. (Refer to the website
cera.govt.nz/news
for more detail and a copy of Map A). This area includes all land in the Lyttelton Port area owned, occupied or used by Lyttelton Port Company Limited at the date of this direction, pockets of land within that geographic area under separate ownership and the area of Norwich Quay.
4.2 Canterbury Regional Council may include other land or areas within the geographic extent of the Lyttelton Port Recovery Plan, if it considers it necessary after consulting the following agencies: Christchurch City Council, Waimakariri District Council, Selwyn District Council, Department of Conservation, New Zealand Transport Agency and Te Runanga o Ngai Tahu.
4.3 In developing the draft Lyttelton Port Recovery Plan, Canterbury Regional Council must consider issues and effects that may occur outside of the geographic extent of the Recovery Plan, including matters relating to land use and transport associated with the recovery of Lyttelton Port, the social, economic, cultural and environmental well-being and effects on surrounding communities and Lyttelton harbour, and wider transportation issues across greater Christchurch.
5. Matters to be dealt with
5.1 The matters to be addressed by the Lyttelton Port Recovery Plan must include, but are not limited to:
5.1.1 The recovery of the damaged port, including the repair, rebuild and reconfiguration needs of the port, and its restoration and enhancement, to ensure the safe, efficient and effective operation of Lyttelton Port and supporting transport networks;
5.1.2 The social, economic, cultural and environmental well-being of surrounding communities and greater Christchurch, and any potential effects with regard to health, safety, noise, amenity, traffic, the coastal marine area, economic sustainability of Lyttelton town centre and the resilience and well-being of people and communities including the facilitation of a focused, timely and expedited recovery;
5.1.3 Implications for transport, supporting infrastructure and connectivity to the Lyttelton town centre, including, but not limited to, freight access to the port, public access to the inner harbour and the location of passenger ferry terminals and public transport stops;
5.1.4 The needs of users of Lyttelton Port and its environs, including, but not limited to, iwi, importers and exporters, cruise ship passengers and crew, tourism operators and customers, commercial fishers, recreational users and public enjoyment of the harbour and well-being of communities.
5.2 If Canterbury Regional Council considers that amendments to documents and instruments prepared under other legislation, including the Resource Management Act 1991, Local Government Act 2002 and the Land Transport Management Act 2003, may be necessary for implementation of the Lyttelton Port Recovery Plan it must state and describe the nature of those amendments. The Lyttelton Port Recovery Plan may identify programmes of further work to be undertaken before specific amendments are proposed.
5.3 Canterbury Regional Council must ensure provisions of the Lyttelton Port Recovery Plan are consistent with the Land Use Recovery Plan and the Christchurch Central Recovery Plan, and must have regard to any other recovery plans that are in force or being developed. It must consult with the Canterbury Earthquake Recovery Authority to ensure that the Lyttelton Port Recovery Plan is consistent with and supports existing or developing Recovery Plans.
5.4 The Lyttelton Port Recovery Plan must include a statement of the possible funding implications of its implementation and indicate the possible sources of funding. This may include the identification of options of different funding sources.
5.5 The Lyttelton Port Recovery Plan may not direct or implement changes to documents or instruments prepared under other legislation in relation to the re-opening of Sumner Road/Evans Pass; Lyttelton Town Centre and the Lyttelton Suburban Centre Masterplan; and the provision of Christchurch City Council community facilities (for example libraries) within Lyttelton town centre.
6. Development of Lyttelton Port Recovery Plan
6.1 Pursuant to section 19(1) of the Canterbury Earthquake Recovery Act 2011, and having regard to the matters in section 19(2) of the Act, I direct that the Lyttelton Port Recovery Plan is to be developed in the following manner, including the following consultation requirements:
Lyttelton Port Company Limited
6.2 Lyttelton Port Company Limited must undertake appropriate consultation with relevant communities and interested persons to inform and seek feedback on its proposals, including but not limited to:
6.2.1 Lyttelton Port Company Limited's long-term vision for the efficient, timely and effective repair, rebuild and restoration and enhancement of Lyttelton Port; and
6.2.2 The scope of, and matters to be addressed in, technical reports necessary to explain and justify the long-term vision, proposed activities and any amendments to existing instruments and strategies for recovery purposes.
6.3 Canterbury Regional Council may require Lyttelton Port Company Limited to undertake further consultation or engagement if it considers the process to be inadequate to properly inform the preparation of the draft Lyttelton Port Recovery Plan.
6.4 Lyttelton Port Company Limited's consultation must include, as a minimum, targeted stakeholder workshops. It must also undertake consultation in an appropriate manner with Te Rununga o Ngai Tahu. A consultation strategy should be prepared with advice from Canterbury Regional Council, Christchurch City Council, Department of Conservation, Te Rununga o Ngai Tahu and New Zealand Transport Agency.
6.5 Lyttelton Port Company Limited must provide Canterbury Regional Council with all necessary information to enable preparation of a preliminary draft Lyttelton Port Recovery Plan, commensurate with the scale and significance of the recovery task and the complexity and interrelated nature of the recovery. This must include information to address
the matters in clause 5 of this direction, and must also include, but is not limited to:
6.5.1 A port redevelopment plan, clearly illustrating and describing the necessary repair, rebuild, reconfiguration, restoration and enhancement proposals to facilitate recovery, including timing and sequencing of recovery activity;
6.5.2 Amendments to relevant instruments considered necessary to facilitate recovery;
6.5.3 All relevant technical reports to support proposed amendments to relevant instruments, to the satisfaction of Canterbury Regional Council;
6.5.4 A Cultural Impact Assessment;
6.5.5 The first phase of an "Impact Assessment", as required by section 7.1 of the Recovery Strategy for Greater Christchurch - Mahere Haumanatunga o Waitaha;
6.5.6 An assessment of the proposal against the Canterbury Earthquake Recovery Act 2011, relevant considerations of the Resource Management Act 1991, the New Zealand Coastal Policy Statement 2010, the Mahaanui Iwi Management Plan and other relevant statutory and non-statutory plans;
6.5.7 A report on consultation undertaken. That report must list the parties consulted, state how consultation was undertaken, and summarise the information received and how it influenced the preparation of information and redevelopment plans; and
6.5.8 A statement on staging and funding of the restoration and enhancement of Lyttelton Port, including implementation of relevant actions to effect recovery.
6.6 This information must be provided to Canterbury Regional Council within four months after the date of this direction. If the necessary and sufficient information is not provided in accordance with clause 6.5 of this direction to the satisfaction of Canterbury Regional Council within the specified time period, Canterbury Regional Council may request further information from Lyttelton Port Company Limited.
Canterbury Regional Council
6.7 Canterbury Regional Council must develop a draft Lyttelton Port Recovery Plan for public notification by the Minister for Canterbury Earthquake Recovery within nine months after receiving all necessary information from the Lyttelton Port Company Limited. This time period does not commence until all information required by Canterbury Regional Council is received from Lyttelton Port Company Limited.
6.8 Canterbury Regional Council must develop the draft Lyttelton Port Recovery Plan in consultation with Christchurch City Council, Selwyn and Waimakariri District Councils, Te Rununga o Ngai Tahu, New Zealand Transport Agency, Department of Conservation and Canterbury Earthquake Recovery Authority.
6.9 Canterbury Regional Council may consult to the extent it considers necessary with Lyttelton Port Company Limited and any central government department.
Hearing on preliminary draft Lyttelton Port Recovery Plan
6.10 Canterbury Regional Council must consult on a preliminary draft Lyttelton Port Recovery Plan before providing the draft Lyttelton Port Recovery Plan to the Minister for Canterbury Earthquake Recovery. Canterbury Regional Council must provide for an appropriate hearing process to inform decision making before finalising the draft Lyttelton Port Recovery Plan. In particular:
6.10.1 Canterbury Regional Council must call for written submissions (such written submissions may include or attach expert opinion, technical information and any other relevant information) and must provide an opportunity to be heard in support of any submissions.
6.10.2 The composition of any hearing panel and any matters not prescribed by this direction shall be at the discretion of Canterbury Regional Council.
6.10.3 Any allocation of time to those parties being heard by a hearing panel (either personally or through representatives) on their written submissions shall be at the discretion of the hearing panel and must take into account the need for a focused, timely and expedited recovery.
6.10.4 In conducting a hearing, the hearing panel must:
6.10.4.1 Avoid unnecessary formality;
6.10.4.2 Not permit any person other than a member of the hearing panel to question any person being heard; and
6.10.4.3 Have regard to tikanga Maori and the New Zealand Disability Strategy.
6.10.5 The hearing panel shall not make a decision but must make a report and provide recommendations to Canterbury Regional Council on the matters heard and considered. Canterbury Regional Council must consider these recommendations but is not bound by them.
6.11 Canterbury Regional Council must satisfy itself that a sufficient assessment of technical information and the views of the public have been undertaken, and provide a report to the Minister on how it informed its decision making on the content of the draft Lyttelton Port Recovery Plan, and the reasons for reaching its decisions.
7. Making Information available
7.1 At all stages during the development of the preliminary and draft Lyttelton Port Recovery Plan, Lyttelton Port Company Limited and Canterbury Regional Council must ensure that public information relevant to the preparation of the draft Lyttelton Port Recovery Plan is freely and easily available.
8. Other Recovery Plans
8.1 The Christchurch Central Recovery Plan and the Land Use Recovery Plan are the other Recovery Plans in force.
9. Minister for Canterbury Earthquake Recovery
9.1 Upon receipt of the draft Lyttelton Port Recovery Plan from Canterbury Regional Council, the Minister for Canterbury Earthquake Recovery intends to publicly notify it, in accordance with section 20 of the Canterbury Earthquake Recovery Act 2011. Written comments will be invited from the public.
Dated at Wellington this 18th day of June 2014.
HON GERRY BROWNLEE, Minister for Canterbury Earthquake Recovery.