An independent hearing commissioner has been appointed to hear a notice of requirement for alteration of a designation.
Independent Hearing Commissioner:
Robert Schofield, Boffa Miskell Limited
The Hearing Commissioner has issued Minute 1 directing how and when evidence should be filed in preparation for a hearing.
All evidence received will be posted here for circulation.
The Hearing Commissioner has issued Minute 2 advising that the hearing has been cancelled and the Commissioner will make a recommendation to Waka Kotahi NZ Transport Agency on its Notice of Requirement 'on the papers'.
Any enquiries should be directed to Lynda George, Consultation Adviser at [email protected] or 04 237 3838.
Decision of Requiring Authority
On 19 December 2023, Waka Kotahi issued its decision on the notice of requirement to Porirua City Council. Under section 172 of the Resource Management Act 1991, Waka Kotahi accepted the recommendations of the Independent Hearing Commissioner in whole. The decision is set out in the following letter:
Under section 173 of the Resource Management Act 1991, Porirua City Council must, within 15 working days of the decision, serve submitters, and landowners and occupiers directly affected by the decision with a notice of the decision and a statement of the time within which submitters may lodge an appeal.
Commissioner’s Recommendation Report
The Independent Hearing Commissioner provided recommendations to Waka Kotahi on 27 November 2023, under delegated authority from Porirua City Council, in the following report:
Council's section 42A report:
Resource Management Act 1991
Limited notification of notice of requirement for alteration of designation under sections 181 and 169 of the RMA
Name of applicant: Waka Kotahi New Zealand Transport Agency (Waka Kotahi)
For the site at: State Highway 58
Council reference: RC8812 – DN0011/22
Waka Kotahi New Zealand Transport Agency (Waka Kotahi) is undertaking safety improvements to State Highway 58 (SH58). The safety improvement works are being undertaken in stages, from east to west. This notice of requirement seeks an alteration to an existing designation that provides for SH58, to enable the works required for the next stage, being Stage 2B East of Moonshine Road to East of Transmission Gully (Stage 2B – M2TG).
Waka Kotahi has given notice as a requiring authority pursuant to section 181 of the Resource Management Act 1991 to alter the existing designations in the Operative Porirua City District Plan 1999 and Proposed Porirua District Plan 2020 which provide for State Highway 58, identified as K0404 and NZTA-02 respectively. The purpose of the alteration is to include adjoining areas of land between Moonshine Road and Transmission Gully Motorway, Porirua, to provide for Stage 2B – M2TG.
The proposed alteration is described in the notice of requirement lodged by Waka Kotahi, dated 29 November 2022. The notice of requirement documentation includes an assessment of environmental effects and supporting plans and reports. The notice explains that the alteration is needed to provide for works associated with the wider SH58 Safety Improvements Project, namely, to improve the safety of road users travelling on SH58 within Porirua City, over a 3.3 kilometre section of SH58 from the culvert on SH58 at Chainage 5960 located to the east of Moonshine Road, to Chainage 9260 east of Bradey Road.
The proposed works include construction of two new roundabouts at the Moonshine Road and Flightys Road/ Murphys Road intersections with SH58, roadside and median barriers, realignment and widening at roundabout approaches, new bus pick-up and drop-off areas, a stormwater management system, and associated construction activities including a compound, lay down area and access.
The Council undertook a notification assessment of the notice of requirement. Limited notification of the notice of requirement was made in August 2023 to affected parties pursuant to Section 169 of the Resource Management Act (1991).
Submissions were limited to affected parties who had been notified. Five submissions were received.
The associated assessment of environmental effects and supporting plans and reports are available from the Council on request.