Resource Consent

MEDIA RELEASE

Save The Point goes to Environment Court

Save the Point Inc has today lodged an appeal with the Environment Court against the decision to grant Resource Consent for an aquarium and cafe development at Te Raekaihau Point on Wellington's south coast.

Save the Point was among 3602 submitters to oppose the development through the resource consent process.

"We have gathered a large body of evidence and technical advice to support our case", a joint statement from the group says.

"This decision to allow, what is in effect a commercial development on Open Space B land, will set a precedent and open the rest of the coast and other Open Space B areas around the city up to development.

"We will not stand by and let development on this site occur. We are not opposed to the concept of a marine education centre, but we are opposed to using this land for development and the consequent loss of the natural character both at this site and on the wider south coast.

"We believe there are a number of other sites that are more suitable. In their decision to grant resource consent the Commissioners stated that they were not convinced that alternative sites would not be suitable, nor did they find the cited merits of this site to be robust.

"This development, if allowed to proceed, would become a monument to development and financial interests over proper planning and conservation principles.

"Our view is shared by a large number of people. We have wide support, locally, across the city, the wider Wellington region and around New Zealand. We have also received messages of support through our website from people around the world who know and treasure Te Raekaihau Point.

"The generosity and hard work contributed by our supporters who include individuals, business people and the music group Fat Freddy’s Drop enabled us to meet all of our legal costs during the two resource consent hearings.

"Many more supporters are now coming forward to offer their help to fund our costs to go to the Environment Court.

"The applicants, on the other hand have had all of their costs met through a $500,000 grant from the Wellington City Council - Wellington ratepayers' money.

"Having made the decision to go to the Court we have a number of fundraising activities planned, beginning with the sale of our 2007 calendars featuring south coast scenes. Ian Hamlin has also donated his painting Calm before the Storm to be sold for the cause. This is on display at the Michael McCormack Studio-Gallery in Island Bay.

"We are not alone in our concerns about this development. Other groups are also opposed and we will be working together to win our case in the Court.

"We are all united with the single aim to save the point."

For more details contact:
Nick Dryden (spokesperson) (04) 383 7996
Debbie Hannan (publicist) (04) 971 7709

Save The Point Inc
16 November 2006

MEDIA RELEASE

Group Against Development On Te Raekaihau Point

Group Against Development on Te Raekaihau Point are committed to continuing working with and supporting Save the Point in their appeal at the Environment Court against the decision to grant Resource Consent for an aquarium and cafe development at Te Raekaihau Point on Wellington's south coast.

Group Against Development on Te Raekaihau Point is also exploring other legal options to support the Save the Point appeal at the Environment court.

Group Against Development on Te Raekaihau Point was also among 3602 submitters to oppose the development through the resource consent process.

We are a community group that has grown from, and is continuing to grow, from the large amount of opposition in the community to an aquarium and café being built at Te Raekaihau Point.

Many members of our group are Wellington ratepayers who are also deeply concerned by the fact that the applicants have had many of their costs met through more than $500,000 in grants and by the promise of a seven million dollar interest free loan that ratepayers will have to pay the interest on.
We are also alarmed by the readiness of WCC to fund any proceedings, against the interest of the wider community, that the MEC may have in the Environment Court leaving the community to act as guardians of the south coast with no funding help.

Group Against Development on Te Raekaihau Point will continue to work within the community to ensure that the wild beauty of Te Raekaihau Point is not destroyed by the building of an aquarium and cafe development there.

For more details contact: Coral Hyam: 387 9541; Cathy O'Hagan: 971 8548.

Group Against Development on Te Raekaihau Point Inc.(GADOT)
16 November 2006

Resource consent granted for Aquarium application

As you may have heard on the news today, the Marine Education Trust has been granted resource consent to build and locate an Aquarium on
Wellington's south coast.

This has not come as a surprise to us though we are disappointed but not discouraged. Over the next week we shall be examining the Commissioners' reasons for consent and deciding on our response to this. The option of challenging this decision in the Environment Court will be seriously considered.

Documents relating to the decision have been released by Wellington City Council and are attached here:

MEC Decision Report
WCC Consent Conditions
GWRC Consent Conditions

Save The Point
26 November 2006

Commissioners seek further extension

Commissioners have sought a further extension of five working days before delivering a decision on the Resouce Consent hearing. This is now expected on Thursday 26 October.

19 October 2006

Resource Consent decision period extended

A decision on the Resource Consent application was due last week, twenty working days after the end of the hearing. The commissioners have extended this period for a further ten working days as the 'panel considering resource consent says it needs more time to make up it's mind'. (Dominion Post 29 September 2006).

9 October 2006

Resource Consent hearing end adjourned

The Resource Consent hearing closing date has been adjourned from August 30 to September 7th to allow the applicants additional time to make their final reply to the Commissioners. This is now scheduled for Thursday 7 September in the Council Chambers at 9 am

31 August 2006<

Resource Consent hearing end adjourned

The Resource Consent hearing closing date has been adjourned from August 30 to September 7th to allow the applicants additional time to make their final reply to the Commissioners.

This is now scheduled for Thursday 7 September in the Council Chambers at 9 am

31 August 2006

Resource Consent hearing Schedule

The second Resource Consent hearing commences next week. The following details may be preliminary as times are likely to change due to the large numbers of submitters wishing to be heard.

DATE:

Tuesday 8 August – Friday 11 August
Monday 14 August – Friday 18 August
Monday 21 August, Wednesday 23 August
Monday 28 August, Tuesday 29 August

TIME: Commencing 9.15am till 5.00pm (unless otherwise specified). Changes to times are to be expected due to the large number of submitters wishing to be heard.

VENUE: Council Chambers, First Floor, 111 Wakefield Street

# HEARING SCHEDULE (LIST OF SUBMITTERS) can be viewed at http://www.wellington.govt.nz/news/publicnotices/details/pdfs/marine-hearingschedule.pdf

We suggest that if you have indicated you wish to speak at the hearing, you check that Council have confirmation of this from you and that your name is listed on this schedule. We know of several submitters whose names were left off the list in error.

# COUNCIL WEBSITE for additonal information can be veiwed at http://www.wellington.govt.nz/news/publicnotices/details/marine.html

Contact for further enquiries:

Brylie Henderson
Wellington City Council
Hearings Advisor
(04) 801 3539
Fax: 801 3165
http://www.Wellington.govt.nz

1 August 2006

Computer models by Gary McGivney

Due to the inadequacy of the models and images of the proposed Aquarium provided to the public by the Marine Conservation Trust, Gary McGivney has created, on behalf of Save The Point, computer models of the same at Te Raekaihau Point to show their true size relative to the surrounding landscape.

The images show the relative scale of the buildings to the landscape and accurately depict this relationship. They are based on data supplied by the designers of the building and scaled according to an independent land survey of the point and accurately depict how the proposed construction will really look like from different perspectives.

Please click here to view these 'before' and 'after' images.

Save The Point Inc

Late submissions have no legal status

We have been informed by Wellington City Council that since the deadline for submissons was
4 p.m., June 7th 2006, any late submissions recieved after this date will have no legal status.

This was communicated to us to by Council to clarify a previous statement from them which created the impression that late submissions could possibly be accepted subject to the commissioners' discretion.

If you have any further queries regarding this please contact Council directly at
ph: (04) 499 4444.

Save The Point Inc
June 12, 2006

MORNING REPORT, June 9, 2006....Submission news

If you missed this morning's news item on Radio New Zealand's Morning Report covering the
submissions on the proposed Aquarium of New Zealand, you can hear it on:
http://www.radionz.co.nz/nr/programmes/morningreport/20060608

Save The Point Inc
June 8, 2006

Make a Submission!

* Submission forms for posting can be downloaded by clicking here
* Make an on-line submission via email by either:
- using council's form at: http://www.wellington.govt.nz/news/publicnotices/details/marine.html, or
- by emailing your own submission to: planning@wcc.govt.nz [see item below] or
- use the completed example submission form provided here

Email submissions to WCC

We have been informed by Wellington City Council that email submissions can be sent to planning@wcc.govt.nz. Council has undertaken to send a copy of any electronic submission received to the applicant and to Greater Wellington.

The following information is essential for the submission to be valid

Name of applicant:
Address:
Phone:
Applicant Name: Wellington Marine Conservation Trust,
Site Address c/- MWH Ltd, PO Box 9624. Wellington
Service Request Numbers: WCC 145743/WGN 060300
Whether you wish to speak at the hearing. (yes, no, or joint presentation)

NOTE: If multiple people are submitting under one email address, each person must state the above points under their name in order to be counted as a valid individual submission, as opposed to a list of names and addresses (that would constitute a petition).

Save The Point Inc
June 3, 2006

Second meeting organised by residents

A second meeting has been organised at Houghton Valley Hall on Wednesday, 31st May 2006 at 8.30pm for all people concerned about the building of the proposed Aquarium at Te Raekaihau Point and the reapplication for resource consent by MEC.

This meeting is being held by some Houghton Bay residents that are concerned that the wider community has not been fully informed or consulted about the reapplication for resource consent.

Submission forms will be available at the meeting.

WHERE: Houghton Valley Hall
DATE: WEDNESDAY 31st May 2006
TIME: 8.30 pm

Coral Hyam, Houghton Bay
via website, 26 May 2006

Electronic submissions to WCC possible from June 01, 2006

Wellington City Council has released this information recently. This is an extract from an email sent by Carolyn Pepper (Hearings Advisor - Strategy and Planning) of WCC to one of our supporters:

As of 1 June 2006, we no longer require signatures on submissions, so you can just email the details of your submission through. The following paragraph is going to be added to our website shortly:

"Please note: The Resource Management (Forms, Fees and Procedure) Amendment Regulations 2006 (the new regulations) come into force on 1 June 2006. The new regulations amend the Resource Management (Forms, Fees and Procedure) Regulations 2003 (the principal regulations). As of 1 June 2006 you are able to send your submission electronically to the following email address prior to the close of submissions planning@wcc.govt.nz. A signature is not required if your submission is sent electronically."

If you have further queries please contact Carolyn Pepper, ph 801 3202.

Save The Point Inc
26 May 2006

"NEW" application for resource consent for the Aquarium of New Zealand

Public notification of the second Resource Consent application to build the Aquarium of New Zealand on Te Raekaihau Point appeared in the Dominion Post on Saturday, May 6th, 2006.

Please note: this application supersedes the previous application, however the proposed building and activities remain unchanged.

Information about the resource consent is available online at: Wellington City Council website: http://www.wellington.govt.nz/news/publicnotices/details/marine.html

Application copies: The applications and all supporting documentation can be inspected at the Environment Help Desk, The Regional Council Centre, Wellington; City Service Centre, WCC, Wellington; Wellington Central, Island Bay, Miramar and Kilbirnie public libraries and council chambers.
To receive a copy of the application by post email planning@wcc.govt.nz or phone 04 499 4444.

Application details can also be viewed on the Wellington Marine Conservation Trust website: www.aquariumnz.org.nz.

Submission forms can be downloaded from the WCC website by clicking here, or from us by clicking here.

Send a copy of your submission to:

Wellington City Council, (Service Request no: 145743)
Greater Wellington Regional Council, (Service Request no: WGN 060300), PO Box 11646
Wellington Marine Conservation Trust, c/- MWH, PO Box 9624, Wellington: Attn Sylvia Allan

The closing date for submissions is 4pm Wednesday 7, June 2006.

Save The Point Inc will be updating this page with more information as it becomes available. Please keep in touch with it or contact us via the website. If you wish to be placed on our mailing list for continuing information please click here.

Residents' meeting - 20th May, 2006

A meeting has been organised at Houghton Valley Hall on Saturday, 20th May 2006 at 1.00pm for all people concerned about the building of the proposed Aquarium at Te Raekaihau Point and the reapplication for resource consent by MEC.

This meeting is being held by some Houghton Bay residents that are concerned that the wider community has not been fully informed or consulted about the reapplication for resource consent.
Submission forms will be available at the meeting:

WHERE: Houghton Valley Hall
DATE: Saturday 20th May 2006
TIME: 1.pm

May 20 2006

Not a numbers game!

For your information. This is a copy of a flyer posted on a noticeboard in the Victoria University Law School.

"SUBMISSIONS SEEKER WANTED"

We are looking to temporarily employ 10-15 'Submissions Seekers'.This job involves encouraging people in the Wellington CBD to sign a submission in support of the new Marine Education Centre to be built between Island Bay and Lyall Bay.
The work will involve between 30 and 40 hours over the next four weeks, with a compulsory two hour induction in Island Bay on Tuesday, 9 May.

The pay rate if $14 per hour, less tax.
Applicants need to be:

a.. Interested in marine and environmental education
b.. . Articulate and outgoing
c.. . Prepared to approach people on the street
d.. . Supportive of the building of the Marine Education Centre
e.. . Prepared tow ork as part of team
f.. . Able to work towards targets
g.. . Flexible in hours

Please contact Natalie on (04) 381 2200".

Save The Point Inc
12 May 2006

Any submission collectors available?

In the light of the recent development that has the MEC Trust paying people to collect submissions in support of their project, the submission process for this proposal has obviously become "a numbers game". Would anyone out there be happy to volunteer to collect submissions against the proposal? If so please call 04 3879541 or email coral@windgardens.com.

Coral Hyam, Houghton Bay
May 12 2006

'New' resource consent application

As you may already know, a 'new' resource consent application for the Aquarium of New Zealand by the Marine Conservation Trust was notified in the Dominion Post on Saturday 6th May by Wellington City Council.

This has been explained by WCC in a letter to submitters as being 'due to process related reasons'.

A different and more detailed explanation is to be found in a press release by the Trust (attached) where Stuart Macaskill states that 'the effect of the legal action by the opponents in the Environment Court means that a decision on the merits of the project would be significantly delayed by a long legal proces while the validity of the action was debated in court. Such a delay would jeopardise the roject and cause an unacceptable financial burden on the charitable Trust'.

This disregard for following processes already under way has understandably outraged many including us. Our Environment Court hallenge is still current and we have been advised to 'wait and see' regarding this. Note - a simple declaration was being sought under urgency which could have precluded the need for a second hearing and taken us to the Environment Court where this matter will ltimately be settled and saved everyone a lot of money and effort.

In the meantime you may be interested to learn (see attached Council report to be tabled on 11 May 2006) that Council are considering offering to guarantee a further grant of up $200,000 to the Marine Education Trust for expenses related to an anticipated Environment Court appeal (in the event that the Trust are not able to raise this amount themselves).

We shall be speaking at the Council meeting on Thursday 11th May, 4.30 p.m. when the attached Officer's report will be tabled and would strongly urge you to make a point of speaking at this meeting as well if you are able, even if its for just two minutes, to strongly denounce continuing Council use of ratepayers' funds to back this contentious, commercial project. An appointment can be made by phoning Democratic Services (499 4444) at WCC.

Save The Point Inc
9 May 2006

Resource consent hearing decision: we go to court

Thank you to everyone who made such thoughtful and strong submissions at the hearing. It is obvious from the outcome that despite the odds, the case to preserve Te Raekaihau Point is very strong.

Following the split decision, Save the Point Inc. has filed papers in the Environment Court seeking a declaration from the Court that as there was no majority reached by the Commissioners the status quo should prevail and therefore the application to build the Aquarium has been declined. If this action is successful the Council will need to review its decision to hold another hearing and the applicant will need to decide whether to pursue further action itself in the Environment Court.

To date Save the Point Inc. has raised large sums of money towards the necessary costs for the resource consent hearing. However we still need more to cover our current legal costs. We would therefore appreciate any financial donations from you or your friends towards these costs so that we can continue to protect Te Raekaihau Point and Princess Bay from the proposed development.

Cheques can be made out to Save the Point Inc. and sent to:

Save the Point Inc.
Post Office Box 14518
Kilbirnie

If you would like to make a direct payment our banking details are:

Save The Point Inc.
Bank of New Zealand
Kilbirnie
Account no: 020 520 0059938 00.

Save the Point Inc.
2 May 2006

Resource consent hearing decision: a stalemate

The panel of four commissioners considering the application for the Aquarium of New Zealand are split in their verdict on the application and unable to reach a decision, voting 2-for and 2-against the application.

Council spokesman Simon Beatie said it was the first time this had happened in Wellington and the four-week hearing would have to be redone. This is expected to happen in the next two months. (See Dominion Post, Thursday April, A4).

We will be presenting our case again when this happens and encourage submitters to make sure they make their views known. Council will be in touch with all submitters with full details.

Save The Point Inc.
6 April 2006

Resource consent hearing adjourned

The resource consent hearing for the Aquarium was adjourned on Thursday 16th March. The commissioners opted for an adjournment rather than closure to enable them to seek additional information. A decision on the application will be delivered 15 days after the date of closure once it has been determined. The quality of submissions opposing the Aquarium on the Point was extremely high. They provided information that was missing in the application as well as an entirely different point of view which we believe has been important and useful to the Commissioners.

We wish to thank everyone for the time, effort and committment evident in the quality and number of submissions. The message to the Commissioners, conveyed with passion, poetry and hard facts, was that Te Raekaihau Point and the south coast are precious and need protection and rehabilitation for all to enjoy, not urbanisation.

Please note that the article in the Dominion Post, Saturday 18th March, included two errors of fact. One: that the Point had been quarried when it was conceded by the applicant that it had not. Two: that a decision on the application would be delivered by the Commissioners in 15 days time when in fact the date for this was unknown as the hearing had been adjourned and not yet closed.

Save The Point Inc
P O Box 14518
KILBIRNIE
Wellington

Amended Resource Consent Hearing Programme

Resource Consent hearings begin Monday 20 February and will continue to 15 March with Commissioners sitting most but not all days. These details supercede those on the WCC website which currently give 9.15 am the starting time for the morning session.

Time: Morning: 9.30 am to 12.30 pm; Afternoon 1.15pm - 5 pm

Venue:

Monday 20 February Council Chambers, First Floor, Town Hall Offices, 111 Wakefiled St
Tuesday 21 February (as above)
Wednesday 22 February (Finishing at 3.30pm) Committee Room 1, Ground Floor, WCC Building,
101 Wakefield St
Thursday 23 February (NO HEARING)
Friday 24 February Committee Room 1, Ground Floor, WCC Building, 101 Wakefield St

Monday 27 February - Council Chambers, First Floor, Town Hall Offices, 111 Wakefiled St
Wednesday 1 March
Wednesday 8 March Greater Wellington Regional Council Chambers
Thursday 9 March - (till 12 pm) Committee Room 2, Ground Floor, WCC Building, 101 Wakefield St
Friday 10 March

Monday 13 March - Council Chambers, First Floor, Town Hall Offices, 111 Wakefiled St
Friday 17 March

(Posted 26 February 2006)

Overwhelming opposition to the Proposal

A provisional count of the submissions to date shows the following:

Support 288
Conditional support 10
Oppose 1101
Total 1399

Wellington City Council, Resource Consent Team
3 November 2005

Aquarium of New Zealand applies for resource consent

Public notification of the Resource Consent application to build the Aquarium of New Zealand on Te Raekaihau Point appeared in the Dominion Post on Saturday, October 1, 2005. (See page B2).

Information about the resource consent is available online at: Wellington City Council website: http://www.wellington.govt.nz/news/publicnotices/details/marine.html. Requests for copies of a condensed vesion of the resource consent application can be made onsite here.

Application copies: The full application can be viewed at the Environment Help Desk, The Regional Council Centre, Wellington; City Service Centre, WCC, Wellington; Wellington Central, Island Bay, Miramar and Kilbirnie public libraries and council chambers.

Application details can also be viewed on the Wellington Marine Conservation Trust website: www.aquariumnz.org.nz.

Submission forms can be downloaded from the WCC website by clicking here, or by visiting the WCC website here.

The closing date for submissions is 4pm Wednesday 2 November, 2005.

Save The Point Inc will be updating this page with more information very soon. Please keep in touch with it or contact us via the website. If you wish to be contacted personally and placed on our mailing list for continuing information please click here.

Aquarium of New Zealand Site Plans and Drawings

This is a selection of drawings and plans available in the resource consent application submitted by the Marine Conservation Trust.

Please note that these images do not necessarily show the full application held by the council, and it is only the council copies that can be relied upon as being up to date.

SOME…ISSUES…AND…FACTS

Key questions:

1. How does this development affect the natural characteristics of TE RAEKAIHAU POINT and its wider setting?

2. How is the present recreation use from Princess Bay to Waitaha Cove affected?

3. How will present car parking and traffic issues be affected by this development?

4. Why is this the only possible site for this development?

The landscape comprising Te Raekaihau foreshore reserve is a significant and unique space on the coast which needs be protected. It is the seaward extension of the main headland of Te Raekaihau Reserve (View Road South Headland Reserve) directly behind it. Together they form a single integrated environment representing a continuum of natural landscape from ridge top to foreshore.
The natural character of the entire south coast, of which Te Raekaihau one part, will be permanently altered. The large scale of the proposal on the coast on this site will overwhelmingly fragment the continuous uninterrupted views and sense of place and wildness it currently has.
Te Raekaihau Point and the adjacent beaches are used by a wide range of people who come from all over Wellington to enjoy a mixture of outdoor recreational activities including walking, swimming, diving, bbq-ing, exploring etc.
The proposed Aquarium of New Zealand site at Te Raekaihau Point extends from the carparking area for Princess Bay to beyond the Point towards Waitaha Cove.
The only access to the point itself and the beach area between the Point and Princess Bay for people will be along the beach from the new raised carpark areas.
What was a small scale, low-key marine education centre, has now become a huge tourist-oriented, hi-tech Aquarium complex. This development will in fact take away from public use and ownership most of the current space protected as Open Space.
Marine education is, in principle, a great idea. The fact is that Wellington can have a marine education centre, while leaving Te Raekaihau Point in its unspoiled state. There are many other sites available that do not require the destruction of this Point and the adjacent area.
Geologically this coastal edge is considered an important landform on the South Wellington Coast due to the fact that it was uplifted by the Great Wairarapa Fault earthquake as recently as 1855.
Such splendid isolation, only 10 minutes from the city and accessible by bus, cars, bike or by foot from neighbouring suburbs, is a treasure to cherish. It is also what visitors and locals want and enjoy.
Many in the community have plans for the restoration of these ecologically significant sites and the realization of their botanical integrity over time. Both areas also contain conservation sites of indigenous plants classified as Conservation Site 2F.
The Point is a natural classroom that many Wellingtonians already enjoy without any extra cost to ratepayers. A marine education centre could be located in other, more suitable places that will not involve destruction of the natural coastal environment.
The Council is required to take into account the New Zealand Coastal Policy Statement which sets out the national priorities for the preservation of the natural character of the coastal environment including protection from inappropriate subdivision, use and development. In particular it is a national priority to preserve the natural character of the coastal environment.
District Plan objectives which seek to maintain, protect and enhance the open spaces of Wellington City should be implemented. Developers instead wish to overturn the protection this area has under the District Plan and the New Zealand Coastal Policy.
Council should gazette and classify reserve lands along the south coast to give appropriate protection and to manage them.

Attachment	Size
MEC_Decision_Report.pdf	256.14 KB
MEC_appendix_1.pdf	30.14 KB
MEC_appendix_2.pdf	37.33 KB
Submission_on_Resource_Consent_Application_STP_4-6-06.doc	18.39 KB

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