COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020

Schedule 8 Ohinewai Foam Factory

cl 5

Schedule 8: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Project referred to expert consenting panel

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

1 Name of project

The name of the project is the Ohinewai Foam Factory (the project).

Schedule 8 clause 1: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

2 Authorised person

The authorised person for the project is Ambury Properties Limited.

Schedule 8 clause 2: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

3 Description of project

The scope of the project is—

(a)

to construct and operate a foam factory and associated facilities, including—

(i)

a foam manufacturing plant and storage facility; and

(ii)

a carpet underlay plant; and

(iii)

a foam conversion plant; and

(iv)

temporary site sheds; and

(v)

facilities to manage air discharges; and

(vi)

facilities to manage hazardous waste; and

(vii)

facilities to manage stormwater and wastewater generated on site; and

(b)

to construct and operate a rail siding that will connect to the North Island Main Trunk Railway.

Schedule 8 clause 3: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

4 Description of activities involved in project

The project may involve the following works:

(a)

earthworks for the project (including bulk earthworks) and discharges associated with those earthworks:

(b)

works to construct the foam factory and associated facilities:

(c)

works to construct a rail siding:

(d)

landscaping works:

(e)

works to clear existing vegetation:

(f)

works to provide roading, parking areas, lighting, and other supporting infrastructure:

(g)

works to enable dewatering of the site:

(h)

the construction of stormwater infrastructure and a wetland:

(i)

any other works that are—

(i)

associated with the works described in paragraphs (a) to (h); and

(ii)

within the scope of the project as described in clause 3 of this schedule.

Schedule 8 clause 4: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

5 Approximate geographical location

The project’s works will occur at—

(a)

88 Lumsden Road, legal description Allotment 405 Parish of Whangamarino (record of title SA42D/983); and

(b)

109 Tahuna Road, legal description Lot 2 DPS 29288 (record of title SA1250/17 and SA26D/299); and

(c)

52 Lumsden Road, legal description Lot 3 DP 474347 (record of title 650547).

Schedule 8 clause 5: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

6 Further information to be submitted

(1)

The following information, as it relates to the construction and operation of the factory, must be submitted to the panel with any consent application relating to the project (in addition to the information required by clause 9 of Schedule 6 of the Act):

(a)

an assessment of the risks posed by the hazardous substances used on site and a description of the measures to be adopted to manage these risks; and

(b)

an integrated traffic assessment; and

(c)

a geotechnical assessment report; and

(d)

an ecological report; and

(e)

an archaeological report; and

(f)

an earthworks methodology report; and

(g)

a noise and vibration report; and

(h)

a draft construction traffic management plan; and

(i)

a landscape and visual assessment; and

(j)

an emergency plan; and

(k)

an air quality report; and

(l)

an assessment of any greenhouse gases emitted during the foam production process, and a description of measures to be adopted to reduce emissions; and

(m)

an assessment of the effects of the development on flood-water flows and the proposed mitigation measures; and

(n)

an assessment of the effects of the development on the Waikato River and its catchment and the proposed mitigation measures; and

(o)

an assessment to show why the proposed site is the best practicable option; and

(p)

an assessment of the project in light of the concerns raised by submitters in the Ohinewai zoning hearings, and the measures proposed to resolve these concerns.

(2)

In subclause (1)(l), emissions has the meaning given in section 4(1) of the Climate Change Response Act 2002.

Schedule 8 clause 6: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

7 Persons who must be invited to comment on project

In addition to the persons listed in clause 17(6) of Schedule 6 of the Act, an expert consenting panel must invite comments from the following persons identified by the Waikato District Council as having made submissions on the industrial-related aspects of the Ohinewai rezoning plan change request being considered as part of that council’s district plan review:

(a)

the trustees of Nga Muka Development Trust; and

(b)

the trustees of the Waahi Whaanui Trust; and

(c)

Te Riu o Waikato Limited; and

(d)

Ohinewai Area Committee; and

(e)

Shand Properties Limited; and

(f)

Mercury NZ Limited; and

(g)

Iain and Luressa Macdonald; and

(h)

Konini Farms Limited; and

(i)

The Ralph Estates Incorporated; and

(j)

Suzanne Stow; and

(k)

David and Tiffany Whyte; and

(l)

Richard and Shanette Marsh; and

(m)

Bruce Holmes; and

(n)

Daniel and Rebekah Holmes; and

(o)

Auckland/Waikato Fish and Game Council; and

(p)

Future Proof Implementation Committee.

Schedule 8 clause 7: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

8 No further provision required

No further provision is necessary to give effect to decisions made by the Minister under section 24 of the Act in respect of the project.

Schedule 8 clause 8: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

Statement of reasons

Heading: inserted, on 4 December 2020, by clause 4 of the COVID-19 Recovery (Fast-track Consenting) Referred Projects Amendment Order (No 3) 2020 (LI 2020/285).

This statement of reasons is published for the purposes of clause 4 of Schedule 3 of the Act

Having considered the application against the criteria in the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act) and the Act’s purpose, and having sought and considered written comments from the relevant Ministers, Waka Kotahi NZ Transport Agency, KiwiRail Holdings Limited, and the relevant local authorities and iwi authorities, the Minister for the Environment has accepted this application for referral for the following reasons:

  • the project will help to achieve the purpose of the Act; and

  • the project offers the prospect of short- and long-term employment for Huntly and North Waikato, including up to 2,100 construction jobs and 50 permanent factory jobs; and

  • the project will enable construction to begin earlier by bringing the consenting process forward by 3 to 15 months; and

  • the project has the potential for economic benefits to the area, including through diversifying the economy of the Waikato region, possibly encouraging further industrial development in the area, and creating the opportunity for the development and employment of a skilled workforce; and

  • any adverse effects arising from the project or from mitigation measures can be tested by an expert consenting panel, having regard to Part 2 of the Resource Management Act 1991 and the purpose of the Act.