of the Resource Management Act 1991 ("RMA") PANUKU DEVELOPMENT AUCKLAND LIMITED Applicant AUCKLAND COUNCIL Regulatory Authority

Transcription

1 2154 BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2018-AKL IN THE MATTER of the Resource Management Act 1991 ("RMA") A N D IN THE MATTER BETWEEN of a direct referral of applications for resource consent for the necessary infrastructure and related activities associated with the holding of the America's Cup in Auckland PANUKU DEVELOPMENT AUCKLAND LIMITED Applicant A N D AUCKLAND COUNCIL Regulatory Authority EVIDENCE OF COLIN HAIGH SHERLOCK WILLIAMS ON BEHALF OF SANFORD LIMITED ELLIS GOULD LAWYERS AUCKLAND REF: Daniel Sadlier Level 17 Vero Centre 48 Shortland Street, Auckland Tel: / Fax: PO Box 1509 DX CP22003 AUCKLAND

2 INTRODUCTION 1. My full name is Colin Haigh Sherlock Williams. I am the General Manager Fishing for Sanford Limited ( Sanford ). I am also a director of Auckland Fishing Port Limited ( AFPL ). I live in Auckland. 2. I am responsible for the wild catch harvest operations for Sanford, which covers our 26 vessels ranging in size from 20m to 67m. These vessels require approximately 300 seagoing personnel on the water at any given time. I am also responsible for the Fishing Quota portfolio for Sanford Limited, and allocations of Annual Catch Entitlement (ACE) across the Sanford Fleet, as well as contracted independent fishers that harvest fish for Sanford. 3. I have been directly involved in the fishing sector since 1986, initially for the Ministry of Fisheries, now known as Ministry of Primary Industries. I joined the commercial sector in During my tenure in the commercial sector I have had several employed and contracted roles for small to medium size operations in New Zealand and offshore, as well as significant engagements with two of the largest operators in the commercial sector namely Sealord Group Limited and Sanford Limited. 4. I am authorised to give this evidence on behalf of both Sanford and AFPL. While, for convenience, Sanford is the party named in the section 274 interested party notice, the companies lodged a joint submission in respect of this application for resource consents by Panuku Development Auckland ( Panuku ). 5. The main purpose of my evidence is to confirm relevant facts in relation to Sanford and AFPL s interests and operations affected by Panuku s application. However, for completeness, I have long experience navigation safety matters as relevant to fishing industry operations and particularly the navigation and berthage of fishing vessels, through my various roles in the fishing sector. I participated in joint witness conferencing and am a signatory to the Joint Witness Statement: Navigation Safety dated 26 July Prior to my participation in expert witness conferencing and preparation of this statement, I reviewed a copy of the Environment Court Code of Conduct for Expert Witnesses, contained in the Environment Court s Consolidated Practice Note In terms of navigation safety matters, I confirm that I have complied with

3 the code in the preparation of this evidence and I agree to comply with it while giving oral evidence at the hearing. Except where I state that I am relying on the evidence of another person, the evidence I provide in respect of these navigation safety matters is within my area of expertise. To the best of my knowledge I have not omitted to consider any material facts known to me that might alter or detract from the opinions expressed in this evidence. SCOPE OF EVIDENCE 6. My evidence addresses the following matters: (a) (b) (c) Sanford and AFPL s fishing industry interests at Wynyard Precinct; The effect of the Wynyard Precinct redevelopment on ongoing fishing industry operations, particularly berthage; Fishing industry operations, including: (i) (ii) Existing berthage characteristics; The management of conflicts between fishing industry operations and other activities such as events/public access; and (d) Effects of the application on fishing industry operations and berthage. SUMMARY OF EVIDENCE 7. Sanford and AFPL have significant interests in Wynyard Precinct, both in terms of their affected berthage areas, and in the case of Sanford its processing plant, fish markets and associated activities in Wynyard Precinct. 8. Over time, berthage areas for fishing vessels have been gradually and inexorably compressed into their current locations on the western edge of Halsey Wharf and the southern edge of Western Viaduct Wharf. While management of conflicts between fishing industry operations in these berthage areas with new activities such as events and general public access has at times been challenging, the berthage areas are

4 generally fit for purpose for fishing industry operations and conveniently located in close proximity to Sanford s land-based operations in Wynyard Precinct. 9. The application proposes relocation of Sanford and AFPL from their existing berthage areas, however, the alternative berthage location remains subject of ongoing discussions and confirmation as to its appropriateness. To cover a situation where a suitable alternative berthage location is not available for all or part of any event authorised by the consents sought by Panuku, those consents should provide for the unlikely scenario that the fishing fleet needs to continue operating from all or part of its existing berthage areas. 10. Sanford, AFPL and Panuku have reached agreement as to appropriate conditions to enable mitigation of the effects identified by Sanford and AFPL. Those conditions are attached to the evidence of Philip Brown, and Sanford asks that these conditions are imposed on any consent granted by the Court to this application. FISHING INDUSTRY INTERESTS AT WYNYARD PRECINCT 11. Sanford is a significant fishing industry operation that is based out of Auckland, and New Zealand s only publicly listed seafood company. The fishing industry is a significant regional employer, contributor to Auckland s food supply and earner of foreign exchange. The industry is an important component in Auckland s regional economy. 12. Sanford is the owner and operator of the Sanford fish processing plant, fish market and associated buildings and activities in Wynyard Precinct, located at the western end of the block bounded by Jellicoe Street, Madden Street, Pakenham Street and Daldy Street. Six different but integrated business operations are carried out on this site. They are a fish processing plant, a fish auction, a seafood cooking school, offices and the Auckland Fish Market retail and restaurants. One of the associated buildings in this location includes Sanford s head office. 13. AFPL is an umbrella organisation through which the Auckland based fishing industry deals with issues of general concern. Sanford together with Moana Pacific Fisheries Limited are the current shareholders of the company, and Sanford is the largest shareholder. AFPL has been

5 involved in historical negotiations with local authorities, the port company and other interests relating to significant changes that have occurred in and around the Viaduct Harbour and Wynyard Quarter over the past 20 years. Berthage for the industry has been a consistent and critical issue during those various negotiations. 14. The fishing industry and its supporting marine related industries necessarily require access to coastal berthage for unloading fish, layup berthing, servicing and maintenance operations. Vehicle access, particularly heavy vehicle access, to berthage areas is also crucial to fishing industry and other marine industrial operations. Fishing industry access requirements at Wynyard Precinct currently are dictated by the weather and when laden fishing boats are otherwise able to return from sea. Accordingly, the fishing industry generally requires vehicle access 24 hours per day, 7 days per week. Loading, unloading, servicing and refuelling is undertaken by a range of vehicles including large truck and trailer units, tank wagons, mobile cranes, general trucks and various contractor vehicles. 15. The east coast based Auckland fishing industry has, over the past 25 years, been gradually but inexorably compressed into a relatively small and constrained area within and around the Viaduct Harbour. There is currently no suitable alternative location in the Auckland Region for the east coast based Auckland fishing industry. The industry s access to berthage is now concentrated on the western edge of the Halsey Street Extension Wharf (Sanford) and the southern edge of the Western Viaduct Wharf (other AFPL affiliated vessels). BACKGROUND EFFECT OF WYNYARD PRECINCT REDEVELOPMENT 16. Past event-related redevelopment on the Auckland Waterfront in and around the Viaduct Harbour and Wynyard Quarter has had the effect of making previous fishing industry berthage areas more attractive to recreational vessels and other public uses. The fishing industry has found itself permanently relocated from these areas in the past. The AC36 Proposal involves the construction of new facilities, including for super-yacht berthage, within Sanford and AFPL s existing berthage areas.

6 Sanford and AFPL are concerned that new activities and activities might wish to remain within their berthage areas. The companies accordingly seek some protection through this process, to ensure that relocation is temporary only, and that the fishing fleet is only relocated where feasible alternative berthage has been provided. Sanford and AFPL continue to work with Panuku ensure that occurs. FISHING INDUSTRY OPERATIONS AT HALSEY WHARF AND WESTERN VIADUCT WHARF Berthage areas at Halsey Wharf and Western Viaduct Wharf 18. The fishing industry s existing berthage areas are illustrated in the plan attached as Appendix 1. It comprises 140m contiguous lineal metres of priority berthage on the western edge of Halsey Wharf for Sanford vessels, and 125m contiguous lineal metres of priority berthage on the southern edge of the Western Viaduct Wharf for other AFPL affiliated vessels. Depths in these locations range from approximately 3-6m, with enough deeper water to enable all tide access by all relevant fishing vessels. In the case of Sanford, the depths at Halsey Wharf are such that it can berth two 32m fishing vessels at the same time. 19. While challenges do occur from time to time when the relevant waterspaces are used by other more fragile vessels, the location of the fishing industry s existing berthage is convenient and sheltered, and provides sufficient space for manoeuvring of fishing vessels. 20. Sanford has a total of 5 fishing vessels based out of Wynyard Precinct, and there are approximately 6-10 AFPL affiliated vessels which use Western Viaduct Wharf from time to time. The vessels that operate from Wynyard Precinct at both wharves vary in length from 12m to 32m. 21. The fishing industry requires sufficient area adjacent to berthed vessels for unloading, reicing, refuelling and maintenance activities. 22. For practical reasons related to the processing and timely distribution (overseas and domestically) of fish, the fishing industry inevitably involves the unloading and servicing of vessels overnight and during early morning hours. Vessels may arrive from sea at any time during a 24 hour period depending on the tides and weather conditions, and it is necessary to unload and distribute catch to one of Sanford s processing

7 plants, generally in Wynyard Precinct but occasionally Tauranga, in a timely manner. 23. It is critical, in order to maximise the quality of product that the cold chain is maintained and that fishers are able to deliver their fish to a processing plant as soon as possible after they land. For deliveries within Auckland, that often occurs in the early hours of the morning to enable the fish to be delivered in time for the fish auction at Sanford s auction facility in Wynyard Precinct. Fish deliveries from the wharf edge and ice deliveries to vessels from Sanford s ice-making facilities in Wynyard Precinct are made through the night by trucks of varying sizes. AFPL will occasionally supply fish to Sanford s fish auction, but will otherwise generally transport their fish to Moana NZ Limited s facility at Bell Ave, Penrose. 24. The current location of fishing industry berthage is all within 1,000m of Sanford s processing facility, which makes it particularly convenient for access via wharf and local roads. Vehicle trips between the wharf edge and Sanford s fish processing facility take only a few minutes at relatively low speeds. The location of the berthage also has significant benefits in terms of enabling synergistic use of equipment between the factory and wharf edge, and enabling easy pedestrian access between the factory and wharf edge by contracted unloaders, Sanford staff and managers. Management of conflicts between fishing industry operations and other activities 25. The introduction, over time, of new non-industrial activities in Wynyard Precinct, and particularly events including the construction and operation of the Viaduct Events Centre, have created significant challenges for ongoing fishing operations. Generally, fishing industry operations have been able to continue, subject to management of public and vehicle access, and liaison between the industry and event operators pursuant to the Viaduct Events Centre Marine and Fishing Industry Management Plan. 26. Events which have affected Sanford or AFPL access to berthage have been the Volvo Ocean Race and the Auckland Boat Show. However, rather than relocating for either of these events, the fishing industry has

8 generally been able to work around the windows in time when access has been restricted to berthage and/or the wharf edge. Sanford has accommodated these operational compromises, in order to assist and facilitate Auckland hosting these events on the Auckland Waterfront. Access to berthage has also been restricted, by agreement, on other occasions such as to accommodate the berthage and unloading of the cruise ship passengers from Ovation of the Seas, as there were no other appropriate facilities when this particularly large vessel was in port. 27. I am not aware of Sanford or AFPL ever having to be physically relocated for the duration of any event, at least during my time with Sanford or AFPL. This reflects both the willingness of the fishing industry to work with event organisers, and the lack of any appropriate alternative location for the fishing fleet on the Auckland waterfront. EFFECTS ON FISHING INDUSTRY OPERATIONS AND BERTHAGE 28. Panuku s application relies upon the fishing industry being temporarily relocated during the period of all events authorised by the consents it seeks. Sanford s berthage area is proposed to be used for berthage of superyachts, while AFPL s berthage area is proximate to the area of the proposed Emirates Team New Zealand Syndicate Base where boats are taken in and out of the water. 29. The only potentially feasible relocation option for the fishing fleet that has been identified, and is currently being investigated, for the seven month period (1 September 2020 to 1 April 2021) is the eastern and western edges of Marsden Wharf. A seven month period over which the entirety of the Auckland-based fishing fleet is relocated to the main commercial port is a significant imposition on fishing industry operations and business. Sanford and AFPL continue to work constructively with Panuku to identify whether and how this option might work. From Sanford and AFPL s perspective, it needs to be demonstrated that fishing vessels can safely operate in that location, and that constraints on access and facilities for loading/unloading are addressed. Until such time as this has been confirmed, Sanford and AFPL will need to remain accommodated in their current berthage locations. 30. Another concern for Sanford and AFPL, is that Marsden Wharf may not be available as alternative berthage for the fishing industry beyond the

9 AC36 event, and further work may therefore continue to be required to identify further alternative berthage for the fishing fleet. 31. In light of the above, Sanford and AFPL consider that the application may have the following adverse effects on ongoing fishing industry operations: (a) (b) (c) (d) During the construction period, there is the potential for safe navigation and berthage of fishing vessels to their existing berthage areas to be constrained or impeded. I support the measures agreed by the navigation safety experts, including myself, in order to address these issues, subject to minor changes/clarifications agreed with Panuku and attached to the evidence of Philip Brown. In the event that an appropriate alternative berthage location is not confirmed, or becomes unavailable for future challenges, all or part of the fishing fleet may need to remain in their existing berthage areas. This creates the potential for effects in terms of conflicts with construction activities, structures and event activities proposed by Panuku. Neither the application nor the evidence filed by Panuku to date, addresses this possibility. Sanford and AFPL consider that this situation should be provided for through new and amended conditions. At conclusion of events, there is the potential that new activities may wish to remain in place, and/or that structures in the CMA (such as superyacht berths at Halsey Wharf) may impede berthage by fishing vessels. Sanford and AFPL consider it is appropriate that any consent granted expressly requires the removal of any structures, to ensure that berthage is available to the fishing fleet a reasonable period after conclusion of any event. There is uncertainty regarding whether the option identified (Marsden Wharf) will be available for any event beyond the AC36 event, in which case fishing industry berthage may need to be accommodated elsewhere or remain in place. In the event that all or part of the fleet remains in the existing berthage areas,

10 management of conflicts between fishing industry operations and activities proposed by this consent will be required. 32. Panuku s application may have adverse effects on continued effective and efficient fishing operations in Auckland. Sanford and AFPL consider that it is appropriate for the Court to consider these valid environmental effects emanating from the proposed structures and activities, and to impose conditions addressing these concerns. CONCLUSIONS 33. Sanford and AFPL generally support the proposal to hold the America s Cup on the Auckland waterfront. Sanford and AFPL are working with Panuku to determine whether the Marsden Wharf relocation option is workable, and to ensure that any limitations with that option can be mitigated to the greatest extent possible. It is clear that more work may need to be done in relation to future challenges (if any) during the duration of the consent sought by Panuku. 34. Through ongoing discussions with Panuku, it has been agreed that the effects of concern to Sanford and AFPL can be mitigated through the imposition of agreed new and amended conditions as attached to the evidence of Mr Philip Brown on behalf of Sanford. Sanford and AFPL consider that these conditions are the minimum tolerable level of protection for fishing industry operations and berthage to enable effects of the application to be appropriately mitigated. We understand that Panuku is comfortable with these new and amended conditions to address Sanford and AFPL s concerns. Provided that the conditions are imposed on any consent granted, Sanford and AFPL support the grant of consent to Panuku s application. 35. The companies accordingly asks that the Court grant consent to the application by Panuku, subject to, at a minimum, the conditions attached to Mr Brown s evidence. Colin Haigh Sherlock Williams 21 August 2018

11 Appendix 1 Sanford and AFPL berthage areas (Sanford in solid red, AFPL in yellow.)