CRL Proposed Draft NoR Conditions

Explanation of Proposed Draft Notice of Requirement Conditions Introduction The serving of the Notices of Requirement (NoR) to designate land for the City Rail Link (CRL) project is the first step in the statutory planning process for securing the necessary planning approvals required to construct, operate and maintain the CRL. Resource consent approvals for those matters covered under sections 9, 14 and 15 of the Resource Management Act 1991 (RMA) will need to be obtained in the future once further site investigation and detailed design is completed.

This document is intended to assist in the reading and understanding of the draft conditions proposed to be attached to the designation (if confirmed). It provides an explanation of how the proposed designations and related conditions provide the framework within which the CRL project will be delivered1. The structure of the conditions shows how the adverse effects and the project will be managed when it is constructed and when it is operating.

The City Rail Link Designations For the CRL six NoR have been served by Auckland Transport (corresponding to six designations). Five of the NoR (NoR 1, 2, 4, 5, and 6) propose designations that authorise physical works (construction, operation and maintenance of the CRL). The sixth NoR (NoR 3) proposes a designation for protection purposes only, making the use of the land subject to the agreement of the Requiring Authority to protect the subterranean works below but not requiring the land for works or authorising any activity. It protects the infrastructure to be constructed, operated and maintained under NoR 2, a wholly sub‐strata designation.

Conditions will be imposed on each proposed designation and therefore draft conditions have been prepared for each of the NoR. Some of the conditions are applicable to all proposed designations, while some of the conditions are applicable to only some or one NoR. Also, there are draft conditions which are only applicable to the proposed protection designation (NoR 3).

The CRL has been separated out into six proposed designations in order to:    

Aid administration; Reflect the different nature of the restrictions the designations (if confirmed) will impose on affected parties, including subsurface restrictions; Provide flexibility in the construction of the Project recognising that parts of the Project may be constructed at different times; and Enable specific or localised effects to be addressed by conditions that are only appropriate to a particular NoR.

A diagram showing how the proposed designation conditions for the CRL fit into the anticipated delivery2 of the project is shown on the next page. Pages 4 and 5 contain information on the structure of the proposed draft designation conditions.

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The anticipated delivery of the CRL project can been seen in Figure 2.1 of the Assessment of Environmental Effects (AEE) which supports the CRL NoR (Volume 2 of CRL NoR suite of documents).

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See footnote 1 above.

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Diagram 1: CRL designation conditions in relation to anticipated project delivery

Current Project Phase

CRL designation conditions confirmed.

Focus of designation conditions in this phase is to put in place a process which provides a framework or envelope within which the adverse environmental effects of the project can be managed.

Future Project Phase

Future design takes into account (as applicable) requirements set out in the CRL designation conditions.

Necessary resource consents are sought with further conditions to manage the adverse environmental effects of the project.

Future Project Phase

Future Project Phase

Prior to construction of the CRL an Outline Plan is prepared (providing the detail of the works to be constructed) and submitted to Auckland Council for its review in accordance with section 176A of the RMA.

CRL designation and resource consent conditions are implemented and monitored throughout construction phase.

CRL designation and resource consent conditions associated with the operational phase of the project are implemented and monitored on‐going.

The designation conditions set out information to be provided as part of the Outline Plan process, including a Communication and Consultation Plan, a Construction Environmental Management Plan, an Urban Design and Landscape Plan, a Station Plan, and a Social Impact Management Plan

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Structure of Proposed Draft Designation Conditions for the City Rail Link The designation conditions for the CRL acknowledge that: 1) The anticipated delivery of the CRL project may be phased or undertaken in parts; 2) Resource consents (for matters under sections 9, 14 and 15 of the RMA, not covered by the designation) are to be applied for in the future, once detailed site investigations and design have been completed; 3) The detailed design is yet to occur and the final form of construction has yet to be determined.

The diagram on the following page shows the structure for the draft proposed designation conditions for the CRL. The draft proposed designation conditions reflect firstly those conditions associated with the construction of the CRL, and then secondly those conditions that are associated with the operation and maintenance of the CRL (following its construction). This distinction has been made as predominantly any adverse effects will be temporary and will generally occur only during the construction of the CRL. Auckland Transport’s Environmental Management Framework Auckland Transport submitted as part of the CRL NoR documentation an Environmental Framework. This Framework has been developed by Auckland Transport for it to use to deliver the CRL project through design, construction and operational delivery. It is a management system which will be used predominantly internally by Auckland Transport to set out its intent and requirements for managing the project phases and the actual and potential adverse effects which will result from construction and operation of the CRL. Those plans under this Framework which directly relate to the external management of adverse effects resulting from the CRL project, such as the Communication and Consultation Plan and the Construction Environmental Management Plan (CEMP), are proposed to be included in the designation conditions. It is anticipated that these two plans will also be included as conditions on the future resource consents (if granted).

The RMA Outline Plan Process The RMA provides the Outline Plan process for any works proposed under a designation. This mechanism provides for Council to review the detail of the proposed works and certify that it is in accordance with the designation conditions through providing a recommendation to confirm or modify the Outline Plan. It is more appropriate to prepare and submit an Outline Plan at the time construction is confirmed and when further detailed design has been undertaken.

For the Outline Plan(s) associated with the CRL, the information required to satisfy section 176A (3)(a) to (f) of the RMA will generally be contained in the proposed Communication and Consultation Plan, the proposed CEMP, the proposed Urban Design and Landscape Management Plan, the proposed Station Plan, and the proposed Social Impact Management Plan.

Proposed Condition Hierarchy The structure of the draft proposed designation conditions are shown in Diagram 2 on the next page. In words the structure hierarchy is:  

 

General Administration Conditions Conditions Associated with the Construction of the City Rail Link o Information to be provided as part of the Outline Plan o Monitoring of construction conditions o Construction Communication and Consultation Conditions  Communication and Consultation Plan  Other communication and consultation conditions o Construction Environmental Management Plan o Urban Design and Landscape Plan o Station Plan o Social Impact Management Plan o Other construction conditions o Advice Notes relating to the construction of the City Rail Link Conditions associated with the operation of the City Rail Link Advice Notes relating to the on‐going operation of the City Rail Link

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Diagram 2: Structure of the proposed draft designation conditions for the City Rail Link

General Administration Conditions

Conditions

Conditions associated with the construction of the CRL

Notice of Requirement (1 to 6) and Accompanying Draft Proposed Designation Conditions

Outline Plan Information Monitoring condition

Communication and Consultation Plan

Construction Communication and Consultation conditions

(to be applied as applicable to the six designations)

Strong linkages

Other Communication and Consultation Conditions

Construction Environmental Management Plan (CEMP) conditions to manage adverse effects on or from: the transport network, noise, vibration, built heritage, archaeology, contamination, air quality, vegetation removal, utilities

Urban Design and Landscape Plan conditions Station Plan conditions Social Impact Management Plan condition

Other construction conditions

Advice Notes

Conditions for the on‐ going operation and maintenance of the CRL

Conditions Advice Notes

Diagram Key Context information Draft Proposed Conditions

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Proposed Draft Notice of Requirement Conditions – NoR 1, 2, 4, 5 and 6 Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

General Administration Conditions

Works to be undertaken in accordance with the scope of the designation i.e. the documentation submitted as part of the Notice of  Assessment of Environmental Effects report (contained in Volume 2 of Requirement Process. the Notice of Requirement suite of documents, dated 15 August 2012 Rev B);

Except as modified by the conditions below, the City Rail Link Project shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement dated 23 August 2012 and supporting documents being:

 Supporting environmental assessment reports (contained in Volume 3 of the Notice of Requirement suite of documents, dated August 2012);

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 The Concept Design Report (contained in Volume 2 of the Notice of Requirement suite of documents, dated 13 August 2012 Rev 3);

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 Plan sets:

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(a) Land requirement plans (contained in Volume 1 of the Notice of Requirement suite of documents, dated 15 August 2012); (b) Plans contained in the Concept Design Report Appendices (contained in Volume 3 of the Notice of Requirement suite of documents, dated 13 August 2012 Rev 3).

Where there is inconsistency between the documents listed above and these conditions, these conditions shall prevail.

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In accordance with section 184(1) of the Resource Management Act 1991 (the RMA), this designation shall lapse if not given effect to within 20 years from the date on which it is confirmed.

Sets out extended lapse period for the designations.

Following the commissioning of any part or parts of the City Rail Link the Requiring Authority shall as soon as reasonably practicable:

Commitment by Requiring Authority to review and draw back designation to operational requirements.

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(a) Review the area designated for the City Rail Link;

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(b) Identify any areas of designated land that are either still required for construction (if the City Rail Link has been constructed in parts), or no longer necessary for the on‐going operation and maintenance of the City Rail Link, or for on‐going mitigation measures; and

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(c) Give notice to the Auckland Council in accordance with Section 182 of the RMA for the removal of those parts of the designation identified in (b) above.

Conditions Associated with the Construction of the City Rail Link

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The Requiring Authority shall submit an Outline Plan to the Auckland Council for the construction of the City Rail Link in accordance with section 176A of the RMA. The Outline Plan shall include the Communication and Consultation Plan (Condition 8), the Construction Environmental Management Plan CEMP (Conditions 13 to 28), the Urban Design and Landscape Plan (Conditions 29 to 35), and the Station Plan (Condition 36), and any other information required by the conditions of this designation associated with the construction of the

Reflects that an Outline Plan is required prior to construction. States the information to be provided as part of the Outline Process to assist in satisfying the requirements of section 176A 3(a) to 3(f) RMA. Also

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

City Rail Link.

provides for progressing parts of the construction

works in advance of others The Requiring Authority may choose to give effect to the designation and the ability therefore to conditions associated with the construction of the City Rail Link either at the provide one or more Outline same time or in parts. Similarly the Requiring Authority may choose to submit Plans and required one or more Outline Plan(s), Communication and Consultation Plan(s), information.

CEMP(s), Urban Design and Landscape Plan(s), or Station Plan(s)reflecting

construction undertaken at different times or works in a particular area. If these plans are submitted in parts they should clearly show the integration with adjacent City Rail Link construction works and interrelated activities.

Monitoring of Construction Conditions

Auckland Council has a role under the RMA to undertake compliance monitoring of the implementation of the designation conditions This collaborative working process shall: throughout the construction (a) Operate for the duration of the construction works, including the period period. The intent of this following completion of construction works where monitoring of condition is to set out the designation conditions is still required, unless a different timeframe is intent of the Requiring mutually agreed between the Requiring Authority and the Auckland Authority and its contract to Council; work collaboratively with (b) Have a “key contact” person representing the Requiring Authority and a the Auckland Council “key contact” person representing the contractor team to work with the Consent Monitoring Auckland Council Consent Monitoring officer(s); officer(s) to assist Auckland (c) The “key contacts” shall be identified in the CEMP and shall meet at Council in its compliance least monthly with the Auckland Council Consent Monitoring officer, monitoring role. Reflects unless a different timeframe is agreed with the Auckland Council that practically when Consent Monitoring officer. construction is underway a collaborative working The purpose and function of the collaborative working process is to: process is required to (a) Assist as necessary the Auckland Council Consent Monitoring officer(s) efficiency and effectively to confirm that: deal with compliance  The works authorised under this designation are being implemented monitoring. in accordance with the designation conditions associated with the construction of the City Rail Link, i.e. that the works are being undertaken in accordance with the confirmed Outline Plan (including the Communication and Consultation Plan, the CEMP, the Urban Design and Landscape Plan, and the Station Plan); The Requiring Authority, its contractor team, and the Auckland Council Consent Monitoring officer(s) shall implement a collaborative working process for dealing with day to day construction processes including monitoring the implementation of the designation conditions associated with construction of the City Rail Link.

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 The Requiring Authority and its contractor are undertaking appropriate monitoring and recording of monitoring results, of the implementation of the CEMP, the Urban Design and Landscape Plan, the Station Plan, and other construction designation condition which require mitigation of an adverse effect; (b) Subsequent to a confirmed Outline Plan, provide a mechanism through which any changes to the design, CEMP, Urban Design and Landscape Plan, and Station Plan, which are not material changes triggering the requirement for a new Outline Plan, can be reviewed and confirmed;

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

(c) Advise where changes to construction works following a confirmed Outline Plan require a new Outline Plan, CEMP, Urban Design and Landscape Plan, and / or Station Plan; (d) Review and identify any actions bi‐monthly (unless a different timeframe is mutually agreed with the Auckland Council Consent Monitoring officer) any concerns or complaints received alleging adverse effects from, or related to, the construction works.

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Construction Communications and Consultation

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The Requiring Authority shall make a contact person available 24 hours seven days a week for the duration of construction for public enquiries on the construction works.

A Communication and Consultation Manager shall be appointed with responsibility for the Communication and Consultation Plan. This person and their contact details shall be listed in the Communication and Consultation Plan (Condition 8) provided to Council as part of the Outline Plan. The person’s name and contact details shall be displayed at all times for public viewing at all prominent entrances to the construction site.

Requirement for the Requiring Authority to have a Communication and Consultation Manager as a main point of contact for the Council and the public.

The Requiring Authority shall prepare a Communication and Consultation Plan which shall be implemented and complied with for the duration of the construction of the City Rail Link. The Communication and Consultation Plan shall include:

Sets out the requirement to prepare, implement and comply with a Communications and Consultation Plan for the duration of construction.

Sets out what is required to be addressed in the Communications and Consultation Plan. Sets out time period for when the Communications and Consultation Plan should be reviewed (to keep current for the duration of construction) and who it should be provided to once reviewed.

(a) A communications framework that details the Requiring Authority’s communication strategies, the accountabilities, frequency of communications and consultation, the range of communication and consultation tools to be used (including any modern and relevant communication methods, newsletters or similar, advertising etc), and any other relevant communication matters; (b) The Communication and Consultation Manager for the Project including their contact details (phone, email and postal address);

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Requirement for the Requiring Authority to have a contact person available 24 hours / 7 days a week.

(c) Methods for communicating and consulting with mana whenua for the duration of construction including for:  Construction works and programme;  Listed sites of mana whenua significance;  Built heritage works;

 Archaeological works and discoveries; and

 Monitoring of the management of adverse effects; Mana whenua for the purposes of this designation are considered to be the following (in no particular order), who at the time of Notice of Requirement expressed a desire to be involved in the City Rail Link Project:  Ngati Maru  Ngati Paoa  Ngai Tai ki Tamaki  Ngati Te Ata

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NoR Applies to

Proposed Draft Condition

Intent of Condition

 Ngati Whatua o Orakei  Te Akitai  Te Kawerau o maki  Ngati Tamaoho (d) Methods for communicating with the Auckland Council Heritage Department and the New Zealand Historic Places Trust regarding works to be undertaken to directly affected built heritage buildings and structures, and for providing the results of monitoring undertaken during construction on built heritage buildings and structures; (e) Methods that will be used to work with all Utility infrastructure providers who have existing network utilities that are directly affected by, or located in close proximity to construction works to confirm and agree works to be undertaken to relocate, as required, utilities within the designation footprint; (f) Methods for communicating and consulting in advance of construction works with emergency services (Police, Fire, Ambulance) on the location, timing and duration of construction works, and particularly in relation to temporary road lane reductions and / or closures and the alternative routes or detours to be used, with specific detail around the management of the Fire and Ambulance from their central stations on Pitt Street; (g) Methods for communicating and consulting with other owners and occupiers in the immediate vicinity of construction areas to provide notice of the commencement of construction activities and works, the expected duration of the activities and works, and who to contact for any queries, concerns and complaints; (h) Methods for communicating and consulting in advance temporary traffic management measures to directly affected parties, bus (public and private) operators, taxi operators, bus users, and the general public; (i) Methods for communicating and consulting in advance to surrounding communities construction works (including blasting), which may be noisy or cause vibration which is perceptible to humans; (j) Methods to consult on and to communicate the proposed hours of construction activities outside of normal working hours and on weekends and public holidays, to surrounding communities, and methods to record and deal with concerns raised about such hours; (k) Methods for communicating and consulting throughout the construction works, particularly traffic management, access to properties, noise and vibration, with owners and occupiers in the immediate vicinity of construction areas; (l) A list of Stakeholders and directly affected parties to the construction works who will be communicated with; and (m) How communication and consultation activity relating to key construction activities and monitoring requirements will be recorded.

For the purposes of this designation “consult”, “consulting”, or “consultation” is defined as a process to provide information on the construction works, and to receive, for consideration, information from stakeholders and directly

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

affected parties on the management and mitigation of effects from the construction works.

The Communication and Consultation Plan shall also include (as relevant) linkages and cross‐references to the CEMP (Conditions 13 to 28), the Urban Design and Landscape Plan (Conditions 29 to 35), and the Station Plan (Condition 36).

The Communication and Consultation Plan shall be reviewed six monthly for the duration of construction and updated if required. Any updated Communication and Consultation Plan shall be provided to the “key contacts” (see condition 5) and the Auckland Council Consent Monitoring officer for review and agreement on any further action to be undertaken. Any further action required as a result of this review shall be undertaken by the Communication and Consultation Manager for the City Rail Link and confirmation of completion provided back to the Auckland Council Consent Monitoring officer.

Requirement to keep a record of concerns and At all times during construction work, the Requiring Authority shall maintain a complaints for the duration record of any concerns or complaints received alleging adverse effects from, of construction. Sets out or related to, the construction works. This shall include: time period to be provided (a) The actions to deal with concerns raised about adverse effects from to the Auckland Council construction works; Consent Monitoring officer. (b) The name and address (unless they elect not to provide this) of the person(s) who raised the concern or complaint; Concerns and Complaints Management

(c) Identification of the nature of the concern or complaint; and (d) The location, date and time of the concern or complaint and of the alleged event;

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(e) The outcome of the Requiring Authority’s investigation into the concern or complaint;

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(f) Measures taken to respond to the concern or complaint; and

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(g) Any remedial actions undertaken.

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The record may also include: (h) Where practicable weather conditions at the time of the concern or complaint, including wind direction and cloud cover if the complaint relates to noise or air quality; (i) Known City Rail Link construction activities at the time and in the vicinity of the concern or complaint; (j) Any other activities in the area unrelated to the City Rail Link construction that may have contributed to the concern or compliant, such as non‐City Rail Link construction, fires, traffic accidents or unusually dusty conditions generally.

This record shall be maintained on site and shall be provided two monthly, or as otherwise agreed with the Auckland Council Consent Monitoring officer, for review and identification of any further actions to the “key contacts” (see condition 5) and the Auckland Council Consent Monitoring officer.

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Mana Whenua Consultation

Addresses recommendations in the

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

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The Requiring Authority shall establish a kaitiaki or mana

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Whenua forum to provide for an on‐going role in the design and construction of the CRL Project. Such a mana whenua forum may include:

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Cultural Values Assessment submitted as part of the Notice of Requirement.

(a) Scope for development of the practical measures to give effect to the principles in the UDF; (b) Input into the preparation of the CEMP; (c) Working collaboratively with the Requiring Authority around built heritage and archaeological matters; (d) Undertaking kaitiakitanga responsibilities associated with the City Rail Link Project, including monitoring, assisting with discovery procedures, and providing mātauranga Māori input in the relevant stages of the Project; (e) Provide a forum for consultation with mana whenua regarding the names for the City Rail Link stations, noting that there may be formal statutory processes outside the project (such as the New Zealand Geographic Board) which may be involved in any decision making on station names.

The frequency that the forum meets and the matters to be addressed through the forum shall be agreed between the Requiring Authority and mana whenua.

Mana whenua for the purposes of this designation are considered to be the following (in no particular order), who at the time of Notice of Requirement expressed a desire to be involved in the City Rail Link Project:  Ngati Maru  Ngati Paoa  Ngai Tai ki Tamaki  Ngati Te Ata  Ngati Whatua o Orakei  Te Akitai  Te Kawerau o maki  Ngati Tamaoho Communications – Notable Noise and Vibration Receivers Notable noise and vibration receivers are defined for the purpose of this designation as the following: 

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Public Performance Theatres;



In relation to sensitive equipment ‐ Recording Studios, both sound and television; and



In relation to sensitive equipment ‐ Medical Facilities and Scientific Laboratories.

The Requiring Authority shall undertake communication and consultation as soon as reasonably practicable, and at least once certainty on construction timing is confirmed and construction methodology, timing and duration are known, with any notable noise and vibration receivers located within X metres of the surface designation footprint for blasting, and within X metres of the surface designation footprint for other construction activities.

Communication and consultation with these parties should focus on a collaborative approach to manage the adverse effects from construction

Listed Notable Noise and Vibration Receivers are recognised as being at a more elevated level to other “sensitive receivers” (i.e. hotels and residential activities) which are covered under the Communication and Consultation Plan and as such a specific Communication and Consultation condition is suggested.

Distances are still to be confirmed.

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

noise and vibration while works are undertaken in the vicinity.

A summary of the communication and consultation undertaken between the Requiring Authority and any notable noise and vibration receivers prior to construction commencing shall be provided as part of the Outline Plan.

The Requiring Authority shall undertake on‐going communication and consultation with notable noise and vibration receivers throughout the duration of construction occurring in the vicinity. This communication shall be reported back to the “key contacts” (see condition 5) and the Auckland Council Consent Monitoring officer for their review and confirmation of any further action to be undertaken.

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“One Network” Liaison

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[Auckland Transport and the New Zealand Transport Agency are currently drafting a condition to address the matters raised in its submission]

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Construction Environmental Management Plan (CEMP)

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A Construction Environmental Management Plan (CEMP) shall be prepared, complied with and monitored by the Requiring Authority throughout the duration of construction of the City Rail Link. The CEMP shall manage and monitor any adverse effects which result from the City Rail Link during its construction, including effects resulting from or on: the transport network, construction noise and vibration, built heritage and archaeology, mana whenua (see condition 8) values, vegetation, human health (contamination, air quality, amenity, social), other social and land use effects, access to property and business.

Requirement to prepare and implement a CEMP and that it will be implemented and complied with throughout the construction period.

CEMP is the main mechanism for managing adverse effects during the construction period.

The CEMP shall include details of:

Sets out what is to be addressed in the CEMP.

(a) The site or Project Manager and the Communication and Consultation Manager (who will implement and monitor the Communication and Consultation Plan), including their contact details (phone, email and physical address); (b) The location of notice boards that clearly identify the Requiring Authority and the Project name, together with the name, telephone number and email address of the site or Project Manager and the Communication and Consultation Manager;

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(c) Training requirements for employees, sub‐contractors and visitors on construction procedures, environmental management and monitoring; (d) Environmental incident and emergency management procedures; (e) Environmental complaint's management procedures (see also condition 9); (f) An outline of the construction programme of the work, including construction hours of operation, indicating linkages to those parts of the CEMP which address the management of adverse effects during construction (i.e. traffic management, noise and vibration management, air and contamination management, archaeological and built heritage management); (g) Specific details on demolition to be undertaken during the construction period; (h) Procedures for monitoring of construction vehicle maintenance to

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

mitigate adverse noise, vibration and dust effects; (i) Means of ensuring the safety of the general public; and (j) Monitoring and reporting procedures associated with the management of the adverse effects during construction, including procedures for reporting to the Auckland Council Consent Monitoring officer and the “key contacts” (see condition 5).

The CEMP shall include the following details in relation to all areas within the surface designation footprint where construction works are to occur, and / or where materials and construction machinery are to be used or stored: (a) Where access points are to be located and procedures for managing construction vehicle ingress and egress to construction support and storage areas;

Sets out what is to be addressed in the CEMP for the construction areas to mitigate adverse effects.

(b) Methods for managing the control of silt, sediment and dust within the construction area; (c) Measures to adopt to keep the construction area in a tidy condition in terms of disposal / storage of rubbish and storage and unloading of construction materials;

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(d) The location of any noisy construction activities and the measures to be taken to mitigate any adverse effects from these; (e) The location and specification of any temporary acoustic fences and visual barriers, and where practicable, opportunities for mana whenua (see condition 8) and community art or other decorative measures along with viewing screens to be incorporated into these without compromising the purpose for which these are erected; (f) How the construction areas are to be fenced and kept secure from the public, and where practicable and without compromising the purpose for which these are erected, opportunities for mana whenua (see condition 8) and community art or other decorative measures along with viewing screens that can be incorporated to enhance public amenity and connection to the project; and (g) The location of any temporary buildings (including workers offices and portaloos) and vehicle parking (which where practicable should be located within the construction area and not on adjacent streets).

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To manage the adverse effects on the transport network during the Sets out what is to be construction of the City Rail Link, the following shall be included in the CEMP: addressed in the CEMP for the management of adverse (a) The road routes which are to be used by construction related vehicles, effects on the transport particularly trucks to transport construction related materials, network. equipment, spoil, including how the use of these routes by these vehicles will be managed to mitigate congestion; (b) Proposed temporary road lane reductions and / or closures, alternative routes and temporary detours, including how these have been selected and will be managed to where possible mitigate congestion; (c) How disruption to the use of private property located adjacent the designation will be mitigated through:  Providing pedestrian and cycle access to private property at all times; and  Providing vehicle access to private property as practicably possible at

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

all times, except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure; (d) How the disruption to the use of the road network will be mitigated for emergency services, public transport, bus users, taxi operators, freight and other vehicles, pedestrians and cyclists through:  Prioritising, where practicable, pedestrian and public transport at intersections where construction works are occurring;  Relocating bus stops and taxi stands to locations which, where practicable. minimise disruption; and  Identifying where required alternate heavy haul routes where these are affected by construction works; and (e) Cross references to the specific sections in the Communication and Consultation Plan which detail how emergency services, landowners, occupiers, public transport users, bus and taxi operators, and the general public are to be communicated, consulted and liaised with on the management of the adverse effects on the transport network.

For this designation the CEMP shall also include the following in relation to managing the adverse effects on the transport network during the construction of the City Rail Link: (a) How construction works can be undertaken to mitigate congestion on Albert Street, Wellesley Street, Victoria Street, Customs Street, and Quay Street including retaining east‐west traffic movements across Albert Street on Customs Street, Victoria Street and Wellesley Streets noting that:

Sets out what is to be addressed in the CEMP for the management of adverse effects on the transport network – specific to NoR 1.

 Customs Street intersection with Albert Street cannot be fully closed while either the intersections of Victoria or Wellesley Streets with Albert Street are fully closed; and  Victoria and Wellesley Street intersections with Albert Street cannot be fully closed at the same time;

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(b) The timing and sequencing of temporary road lane reductions and / or closures, and the alternative routes and temporary detours to be used, including how these have been selected and will be managed to where practicable mitigate congestion on the surrounding road network; (c) How disruption to the use of private property located immediately adjacent the designation with access onto Galway Street, Tyler Street, Queen Elizabeth Square, Customs Street, Albert Street, Victoria Street and Wellesley Street, will be mitigated through:  Providing pedestrian and cycle access to private property at all times;  Providing vehicle access to private property as practicably possible at all times, except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure;  Retaining local vehicle access to properties located along Albert Street (which may include only left in, left out access ), except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the

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Condition Number

NoR Applies to

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Intent of Condition

closure; and  Retaining access for loading and unloading of goods located along the service lane on the eastern side of Albert Street between Victoria Street and Wellesley Street, except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure; (d) How disruption to the use of the local road network will be mitigated for private bus users, pedestrians and cyclists through:  Providing, where practicable, for the continued operation of private bus operators from hotels and other pick / up drop off locations in the city centre area (cross references to the Communication and Consultation Plan for liaising with private bus operators shall be included in the CEMP); and  Retaining pedestrian and cycle access through Lower Queen Street and / or Queen Elizabeth Square to provide access to and from the Ferry terminal and Customs Street; (e) How disruption to pedestrians and cyclists requiring the ability to cross from east to west (and vice versa) across Albert Street between Victoria Street and Customs Street can be mitigated through:  Providing, where practicable, safe pedestrian and cyclist passageways across the construction works in Albert Street;  At a minimum one safe crossing passageway between Victoria Street and Customs Street needs to be provided throughout the construction works in this area of Albert Street.

For this designation the CEMP shall also include the following in relation to managing the adverse effects on the transport network during the construction of the City Rail Link: (a) How construction of the shafts providing access to the Station can be undertaken to mitigate congestion on Pitt Street, Karangahape Road, and Mercury Lane including retaining one lane of traffic in each direction on Pitt Street (unless otherwise agreed with the Auckland Council Consent Monitoring officer);

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Sets out what is to be addressed in the CEMP for the management of adverse effects on the transport network – specific to NoR 4.

(b) The timing and sequencing of temporary road lane reductions and / or closures on Pitt Street, Mercury Lane, and the western end of Beresford Street, and the alternative routes and temporary detours to be used, including how these have been selected and will be managed to where practicable mitigate congestion on the surrounding road network; (c) How disruption to the use of private property located immediately adjacent the surface designation with access onto Beresford Street, Pitt Street, Mercury Lane, and East Street will be mitigated through:  Providing pedestrian and cycle access to private property at all times, particularly those businesses located at the eastern end of Beresford Street and the northern end of Mercury Lane;  Providing vehicle access to private property, which may include only a turn in and a turn out in the same direction), as practicably possible at all times, except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure;  Providing local vehicle access to properties located along Beresford

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Street and Samoa House Lane (which may include only a turn in and a turn out in the same direction).

For this designation the CEMP shall include the following in relation to managing the adverse effects on the transport network during the construction of the City Rail Link:

Sets out what is to be addressed in the CEMP for the management of adverse (a) How construction of the shafts providing access to the Station, although effects on the transport network – specific to NoR 5. constructed wholly on private land, can be undertaken to mitigate congestion on Symonds St, the Symonds Street / Mt Eden Road / New North Road intersection, Dundonald Street, and the western end of Basque Road;

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(b) The timing and sequencing of temporary road lane reductions and / or closures on Symonds St, the Symonds Street / Mt Eden Road / New North Road intersection, Dundonald Street, and the western end of Basque Road, and the alternative routes and temporary detours to be used, including how these have been selected and will be managed to where practicable mitigate congestion on the surrounding road network; (c) How disruption to the use of private property located immediately adjacent the surface designation with access onto Symonds Street, Dundonald Street, and the western end of Basque Road will be mitigated through:  Providing pedestrian and cycle access to private property at all times, particularly for those businesses and residences located along Symonds Street and Dundonald Street;  Providing vehicle access to private property, which may include only a turn in and a turn out in the same direction), as practicably possible at all times, except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure.

For this designation the CEMP shall include the following in relation to managing the adverse effects on the transport network during the construction of the City Rail Link: (a) How construction works can be undertaken to mitigate congestion on New North Road , Ruru Street, Korari Street, Flower Street, Nikau Street, Ngahura Street, Porters Avenue, Mt Eden Road, Normanby Road, Boston Road, Nugent Street, and the road network in general in this area including:

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Sets out what is to be addressed in the CEMP for the management of adverse effects on the transport network – specific to NoR 6.

 Which routes are to be used by construction trucks to remove spoil from the construction yard including how the use of these routes by these vehicles will be managed to mitigate congestion;  Which routes are to be used by construction related traffic (especially trucks) to deliver construction materials and other related goods and services to the construction yard including how the use of these routes by these vehicles will be managed to mitigate congestion;  Providing for traffic to turn right out of Ruru Street to reduce any congestion (particularly at peak times) resulting from not being able to travel via Nikau Street to the traffic lights at Flower Street and New North Road;

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 The retention of at least two traffic lanes (one in either direction) on Mt Eden Road during the construction of the replacement Mt Eden Road Bridge;  Providing accessibility along Mt Eden and Normanby Roads as a priority for, where practicable: public transport (buses), emergency services, access to properties for pedestrians, and cyclists;  The grade separation of Porters Ave so that it is undertaken at a time when vehicles, pedestrians, and cyclists can be managed and accommodated on Dominion Road, Mt Eden Road and Normanby Road to an extent which mitigates where possible and practicable delays to travel journeys from congestion on these roads resulting from City Rail Link construction works;  The grade separation of Normanby Road so that it is undertaken at a time when vehicles, pedestrians, and cyclists can be managed and accommodated either on a temporary level railway crossing located within the designation footprint, or on Dominion Road, Mt Eden Road and Porters Avenue, to an extent which mitigates where possible and practicable delays to travel journeys from congestion on these roads resulting from City Rail Link construction works;  The timing and sequencing of temporary road lane reductions and / or closures along Symonds Street, New North Road , Ruru Street, Korari Street, Flower Street, Nikau Street, Ngahura Street, Porters Avenue, Mt Eden Road, Normanby Road, Boston Road, Nugent Street, and the alternative routes and temporary detours to be used, including how these have been selected and will be managed to where practicable mitigate congestion on the surrounding road network; (b) How disruption to the use of private property located immediately adjacent to the surface designation with access onto New North Road, Ruru Street, Korari Street, Flower Street, Nikau Street, Ngahura Street, Porters Avenue, Mt Eden Road, Normanby Road, Boston Road, Nugent Street will be mitigated through:  Providing pedestrian and cycle access to private property at all times;  Providing local vehicle access and pedestrian access at all times to properties located along Flower Street (between Nikau Street and Shaddock Street), and Shaddock Street (between Flower Street and its dead end to the east), which are not located within the designation footprint, except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure;  Retaining local vehicle and pedestrian access to properties located outside the designation footprint along Haultain Street, Fenton Street, Porters Avenue, Ngahura Street, Ruru Street, Korari Street, Flower Street, Nikau Street, Mt Eden Road, Boston Road, Nugent Street, and Normanby Road at all times except for temporary closures where landowners and occupiers have been communicated and consulted with in reasonable advance of the closure; and  Full accessibility to those parts of Porters Avenue not affected by, but in the vicinity of, the construction works; and

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(c) How disruption to the use of the use of Mt Eden Rail Station will be mitigated through providing, where practicable, access during construction works associated with the replacement of Mt Eden Road Bridge.

To manage the adverse effects from noise and vibration during the construction of the City Rail Link, and using the noise and vibration project criteria for construction (conditions 38 and 39) and the draft construction noise and vibration management plan provided as part of the assessment of the Notice of Requirement, the following shall be included in the CEMP:

Sets out what is to be addressed in the CEMP for the management of adverse noise and vibration effects.

(a) The roles and responsibilities of the noise and vibration personnel in the contractor team with regard to managing and monitoring adverse noise and vibration effects; (b) Construction machinery and equipment to be used and their operating noise and vibration levels; (c) What construction activities are likely to create adverse noise and vibration effects and the location of these in the construction site areas; (d) The duration of construction activities that are likely to create an adverse noise and vibration effect; (e) The location of sensitive noise and vibration receivers, including Notable receivers (refer condition 11); (f) Specific training procedures for construction personnel including:  Awareness of the project noise and vibration criteria; 1 2 21

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 Information about noise and vibration sources within the construction area and the locations of sensitive noise and vibration receivers; and  Construction machinery operation instructions relating to mitigating noise and vibration; (g) Where mitigation options (including but not limited to: structural mitigation such as barriers and enclosures; the scheduling of high noise and vibration construction, use of low noise and vibration machinery, temporary relocation of affected receivers) are proposed to mitigate adverse noise and vibration effects; (h) The proposed methods for monitoring construction noise and vibration to be undertaken by a suitably qualified person for the duration of construction works including:  Identifying critical construction works where exceedances of the project noise and vibration criteria are anticipated with cross references to the Communication and Consultation Plan for communication and consultation with those parties in the vicinity of these works;  The procedures for addressing construction work exceedances of the project noise and vibration criteria, including building condition surveys (refer condition 41). Note that the flow charts contained in appendices B and C of Appendix J of the technical noise and vibration report provided as part of the Notice of Requirement should be used as a guide;  Identifying appropriate monitoring locations for receivers of construction noise and vibration;

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 Procedures for working with the Communication and Consultation Manager to respond to complaints received on construction noise and vibration, including methods to monitor and identify sound and vibration sources; and  Procedures for monitoring construction noise and vibration and the reporting to the Auckland Council Consent Monitoring officer; (i) Cross references to the specific sections in the Communication and Consultation Plan which detail how landowners and occupiers are to be communicated with around noise and vibration effects.

To manage the adverse effects on built heritage during the construction of the City Rail Link, the following shall be included in the CEMP: (a) Confirmation of where and when building condition surveys (see also condition 41) will be undertaken. At a minimum building condition surveys will be undertaken on:

Sets out what is to be addressed in the CEMP for the management of adverse effects on built heritage.

 All Heritage Buildings and Structures scheduled under the Historic Places Act 1993 or the Auckland Council District / Unitary Plan within the designation footprint (including above sub‐strata designation) which are not being removed as a result of the construction works;  Where these still exist at the time of construction, those built heritage buildings and structures identified within the assessment included with the Notice of Requirement listed as being of “heritage significance” or “character supporting”; (b) Identification of Built Heritage directly affected by the construction works (i.e. within the surface designation footprint), which cannot be retained and / or adaptively re‐used; 1 2 22

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(c) Identification of Built Heritage directly affected by the construction works (i.e. within the surface designation footprint) which are to be adaptively reused or partial retention has been included in design and construction, or the ability for integration of built heritage elements into other elements of the City Rail Link has been included; (d) How Built Heritage Buildings and Structures (scheduled or identified within the assessment included with the Notice of Requirement listed as being of “heritage significance” or “character supporting” which still exist at the time of construction) will be protected during construction through use of screening or other protective measures to mitigate adverse construction effects; (e) How damage to Built Heritage Buildings and Structures (scheduled or identified within the assessment included with the Notice of Requirement listed as being of “heritage significance” or “character supporting” which still exist at the time of construction) will be undertaken where a building condition survey (see condition 41) identifies that damage is likely to result from the City Rail Link construction works; and (f) Cross references to the specific sections in the Communication and Consultation Plan which detail how the Auckland Council Heritage Department, the New Zealand Historic Places Trust, mana whenua (see condition 8), and the general public are to be communicated and liaised with on the management of the adverse effects relating to Built

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Heritage.

To manage the adverse effects on archaeology during the construction of the Sets out what is to be addressed in the CEMP for City Rail Link the CEMP shall include the following matters: the management of adverse (a) How procedures for archaeological investigations and monitoring of archaeological effects. preliminary earthworks are to be implemented in areas where there is potential for archaeological remains to be discovered; (b) Procedures for the discovery of, including accidental discovery, archaeological remains including:  The ceasing of all physical construction works in the immediate vicinity of the discovery;  Training procedures for all contractors regarding the possible presence of cultural or archaeological sites or material, what these sites or material may look like, and the relevant provisions of the Historic Places Act 1993 if any sites or material are discovered; 1 23

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 Practices for dealing with the uncovering of cultural or archaeological remains and the parties to be notified (including but not limited to appropriate iwi authorities, the Auckland Council Consents Monitoring officer, the New Zealand Historic Places Trust, and the New Zealand Police (if koiwi (human skeletal remains) are discovered); and  Procedures to be undertaken before physical works in the area of discovery can start again, including any iwi protocols, recording of sites and material, recovery of any artefacts, and consultation to be undertaken with iwi, Auckland Council Consent Monitoring officer and Heritage Department, and with the New Zealand Historic Places Trust (c) Procedures for recording any archaeological remains or evidence before it is modified or destroyed; (d) Cross references to the specific sections in the Communication and Consultation Plan which detail how the Auckland Council Heritage Department, the New Zealand Historic Places Trust, mana whenua (see condition 8), and the general public are to be communicated and liaised with on the management of the adverse effects relating to archaeology.

To manage the adverse effects from the removal of trees and vegetation during the construction of the City Rail Link the CEMP shall include the following matters:

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(a) Confirmation of the trees to be removed due to surface construction works and whether it is appropriate and feasible to relocate or store these trees for replanting;

Sets out what is to be addressed in the CEMP for the management of adverse effects from the removal of trees / vegetation.

(b) A list of trees, which due to being located in proximity to construction works, have root systems and / or foliage within and / or overhanging the surface designation footprint, and the methods to be used, where practicable, to protect these trees from construction works; (c) Cross references to the Urban Design and Landscape Plan and the proposed mitigation of any tree / vegetation removal through replanting, re‐instatement of the area, and other methods (condition 30 addresses maintenance and monitoring of any replacement planting); (d) Other methods to be used to monitor and report on the management

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of the adverse effects from tree / vegetation removal; and (e) Cross references to the specific sections in the Communication and Consultation Plan which detail how the Auckland Council Parks Department, mana whenua (see condition 8), and the general public are to be communicated and liaised with on the management of the adverse effects relating to the removal of trees and vegetation.

To manage the adverse effects relating to contaminated land during the construction of the City Rail Link, the following shall be included in the CEMP: (a) A health and safety plan that addresses:  Worker safety in relation to hazardous substances; and  Worker training with regard to handling hazardous substances, identifying potentially contaminated soil / material, and notification procedures for discovery of contamination;

Sets out what is to be addressed in the CEMP for the management of adverse effects in relation to contaminated land.

(b) Procedures for how erosion and sediment control, storm water, dust, and odour control measures will manage the removal of contaminated soil / material; (c) Procedures for contaminated soil classification, management and disposal of contaminated soil / material; 1 25

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(d) Where any trenches/excavations during civil works are to be sealed as a result of contamination and how this is to be recorded; (e) How and which work areas are to be restricted to authorised personnel only and procedures to limit the presence of ignition sources in these areas (e.g. no smoking within or adjacent to construction area, no welding or open flames near areas with high concentrations of hydrocarbon contamination); (f) Procedures for the monitoring and management of the removal of contaminated soil / material by a suitably qualified environmental specialist; (g) How the placement of re‐used contaminated soil / material will be recorded and tracked; (h) Where areas for stockpiling and storing contaminated soil / material will be established on the construction site and the procedures for managing the containment of the contaminated soil / material in these areas; (i) Cross references to the specific sections in the Communication and Consultation Plan which detail how the general public are to be communicated and liaised with on the management of the adverse effects relating to the removal of contaminated soil / material.

To manage the adverse effects on air quality during the construction of the City Rail Link, the following shall be included in the CEMP:

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(a) The procedures to be implemented for the continuous monitoring of Total Suspended Particulate (TSP) concentrations and meteorology;

Sets out what is to be addressed in the CEMP for the management of adverse effects on air quality.

(b) Identification of the sensitive locations where dust monitoring is proposed, and the specific method for that monitoring, including trigger limits to determine whether further action is required; (c) Procedures for responding to malfunctions with construction machinery or works causing accidental dust discharges; (d) Procedures for monitoring weather conditions and determining when

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water spray is required on soil stockpiles and any non‐paved construction areas where dust may disperse beyond the site; (e) Procedures for determining when hard surfaced areas in construction yards and active construction areas should be cleaned; (f) Procedures for responding to discharges of odour (including in the event of excavation of contaminated sites); (g) Procedures for equipment inspection, maintenance, monitoring and recording, including baghouses, pressure relief valves and high level alarms to mitigate dust emissions; (h) Procedures for, where practicable, limiting dust and odour nuisance and the methods for monitoring these procedures; and (i) Cross references to the specific sections in the Communication and Consultation Plan which detail how the communities in the vicinity of construction works are to be communicated and liaised with on the management of the adverse effects relating to air quality.

To manage the adverse effects on existing Utilities during the construction of Sets out what is to be addressed in the CEMP for the City Rail Link, the following shall be included in the CEMP: the management of adverse (a) Cross references to the Communication and Consultation Plan for the effects on Utilities. methods that will be used to liaise with all Utility infrastructure providers who have existing network utilities that are directly affected by, or located in close proximity to construction works; (b) Measures to be used to accurately identify the location of existing network utilities, and the measures for the protection, support, relocation and/or reinstatement of existing network utilities;

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(c) The methods that may be used to seek to ensure that all construction personnel, including contractors, are aware of the presence and location of the various existing network utilities which traverse, or are in close proximity to, the designation footprint, and the restrictions in place in relation to those existing network utilities. This shall include plans identifying the locations of the existing network utilities and appropriate physical indicators on the ground showing specific surveyed locations; (d) Earthworks management (including depth and extent of earthworks), for earthworks in close proximity to existing network utility; (e) Vibration management for works in close proximity to existing network utility; (f) Emergency management procedures in the event of any emergency involving existing network utilities; and (g) The process for providing as‐built drawings showing the relationship of the relocated utility to the City Rail Link to utility owners and the timing for providing these drawings.

To manage the adverse effects on public art located within or in close proximity to the designation footprint, the CEMP shall include the following:

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(a) The process that will be undertaken to remove the public art work known as "Enduring Fires" (at the time of the Notice of Requirement process located within Queen Elizabeth Square), including the consultation and liaison undertaken with the Auckland Council and [Ngati Whatua ki Tamaki or Ngati Whatua o Orakei] as to its removal,

Sets out what is to be addressed in the CEMP for the management of adverse effects on public art.

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storage, re‐establishment or relocation and / or replacement (as part of the restoration works associated with the City Rail Link construction); (b) The process that will be undertaken to protect or remove the public art work known as "Maori Warrior" (at the time of the Notice of Requirement process located on the pavement of Quay Street adjacent to 1 Queen Street), including the consultation and liaison undertaken with the Auckland Council as to its protection during construction or whether it should be removed, stored, relocation and / or replaced (as part of the restoration works associated with the City Rail Link construction); (c) The process to protect the public art known as "Matahorua Anchor and Tainui Anchor" (at the time of the Notice of Requirement process located at the northern end of the Bledisloe Building on Wellesley Street) from construction works to the west, including the consultation and liaison undertaken with the Auckland Council as to its protection.

Should the above public art works be removed from these sites prior and separate to the City Rail Link project, this condition will not need to be complied with.

Urban Design and Landscape Plan An Urban Design and Landscape Plan (report and design plans as required) shall be developed to show how those areas within the designation footprint used during the construction of the City Rail Link are to be restored. The following Principles from the Urban Design Framework submitted as part of the Notice of Requirement documents will be used to inform the Urban Design and Landscape Plan: 

Mana Whenua Principles – see condition 31 below;



Movement and Connections –

Sets out what is to be addressed in the Urban Design and Landscape Plan, particularly the principles developed within the Urban Design Framework submitted as part of the Notice of Requirement.

o Existing Networks ‐ Structures of the CRL should not interrupt or adversely change the function of existing public open space, street networks and infrastructure o Entrance Location ‐ Station entrances should be clearly identifiable and conveniently located in relation to existing and anticipated main pedestrian routes and destinations.

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o Intuitive Orientation ‐ The location and nature of structures resulting from the CRL (station entrances in particular) should facilitate intuitive orientation and support a legible street network.

5 6

o Way Finding ‐ Coherent signage should be utilised to aid intuitive orientation and way finding. o Mode Integration ‐ Spatial integration with bus stops as well as kiss and ride should be facilitated where possible without imposing on the quality of public realm. o Bicycle Parking – Appropriate numbers of safe bicycle storage or parking should be provided in each station environment. o Street Crossings ‐ Safe pedestrian street crossings should be facilitated in the immediate vicinity of station entrances. The provision of level street crossings is preferable over any grade separated solutions. 

Public Realm and Landscape – o Existing Streetscape – Structures of the CRL should be designed to

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respect and contribute positively to the form and function of existing public open space. o Universal Access – Station environments should promote universal access (e.g. footpath ramps and smooth ground surfaces). o Safe Environments – Structures resulting from the CRL should promote safe environments. The station entrances should release patrons into safe public spaces that are well lit at night, overlooked by other users (e.g. residents or workers) and have sufficiently wide and unobstructed footpaths o Reinstated Surfaces ‐ The design and construction of reinstated streetscapes should be coherent with the wider area and/or recent public realm upgrades in the area. o Station Plazas ‐ The design and construction of station plazas should be coherent with the wider area and/or recent public realm upgrades in the area. o Public Art ‐ Integration of art and design should foster local identity and character and reflect and/or interpret local characteristics like natural heritage and Mana Whenua cultural narratives, history, art and particular traits of the local community. o Landscape Planting – Plant species used in station environments and/or as part of landscape plantings should consider the opportunity to acknowledge the area’s pre‐human ecology as and where appropriate. This may include species which connect strongly with Mana Whenua cultural narratives. o Entrances within the Road Reserve ‐ Designs for station entrances within the road reserve should be designed to consider the impacts upon other modes of traffic, including the expected pedestrian patronage. o Utility Structures ‐ Above ground utility structures (e.g. vents, access services) should be designed to minimise any negative effect on public realm. Where possible these structures should be integrated with other buildings The Urban Design and Landscape Plan shall show how these principles have been used to guide and influence the design, and how the design has responded or otherwise to these principles and initiatives.

The work to restore those areas within the designation footprint used during construction of the City Rail Link will occur as part of construction or within six (6) months of the City Rail Link being operational.

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The Urban Design and Landscape Plan shall include any replacement planting Sets out what is required for proposed to mitigate the adverse effects of tree and vegetation removal from landscaping proposed under the Urban Design and within the designation footprint.

Landscape Plan in terms of Any landscaping included under the Urban Design and Landscape Plan shall be implemented in accordance with this plan within the first planting season mitigation planting, the timeframes for following the City Rail Link being operational. If the weather in that planting implementing this planting, season is unsuitable for planting, as determined by the Auckland Council Consent Monitoring officer, the landscaping shall instead be implemented at and the duration it is to be the first practicable opportunity thereafter. The next practicable opportunity maintained by the Requiring Authority under this shall be agreed by the Auckland Council Consent Monitoring officer. designation.

The landscaping will be maintained by the Requiring Authority for a period of

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5 years for specimen trees and 3 years for all other landscape planting The Urban Design and Landscape Plan shall include: (a) How mana whenua (see condition 8) have been engaged with during its development in relation to the implementation and interpretation of the Principles set out under condition 29 , and particularly in relation to the mana whenua principles set out below:

Sets out requirement to engage with mana whenua on the development of the Urban Design and Landscape Plan.

 Mana / Rangatiratanga – As the original local authorities of Tamaki Makaurau, Iwi require high level Treaty based relationships with all key stakeholders including Auckland Transport and Auckland Council which recognise their Tangata Whenua status in order to fulfil their roles as kaitiaki. Such partnership relationships can then inform engagement with AT / Council at all levels including direct involvement with design consortia. Relationships are required at governance and senior management levels. Such relationships are a precursor to actualising the other 6 principles.

 Whakapapa – Names and genealogical connections– reviving names revives mana through Iwi connections to specific ancestors and events / narratives associated with them. An Iwi inventory of names associated with a given site can be developed so that the most appropriate names are identified to develop design, interpretation and artistic responses.

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 Tohu – Acknowledging the wider significant Iwi cultural land marks associated with the CRL route and their ability to inform the design of the station precincts, entrances and exits. In particular exploring opportunities to maximise view shafts to such tohu / landmarks as a way of both enhancing cultural landscape connections and as way finding / location devices.  Taiao – Exploring opportunities to bring natural landscape elements back into urban /modified areas e.g. specific native trees, water / puna wai (springs) – promoting bird, insect and aquatic life to create meaningful urban eco systems which connect with former habitats, mahinga kai (food gathering areas) and living sites.  Mauri tu – Ensuring emphasis on maintaining or enhancing environmental health / life essence of the wider site – in particular focusing on the quality of wai / water (puna / springs), whenua / soil and air. In particular any puna or underground waterways encountered should be carefully treated with Mana Whenua assistance to ensure their mauri is respected and enhanced where possible. It is also important to minimise the disturbance to Papatuanuku through carefully planned ground works.  Mahi toi – Harnessing the Creative dimension through drawing on names and local tohu to develop strategies to creatively re‐inscribe iwi narratives into architecture, interior design, landscape, urban design and public art.  Ahi kaa – need to explore opportunities to facilitate living presences for iwi / hapu to resume ahi‐kaa and kaitiaki roles in and around the CRL route and new station precincts; and (b) A summary of the engagement with mana whenua (see condition 8) and

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identification of where design has incorporated the mana whenua principles and other mana whenua aspirations.

For this designation the Urban Design and Landscape Plan shall include how the following are to be restored following completion of the City Rail Link construction works: (a) Queen Elizabeth Square and lower Queen Street between Quay Street and Customs Street;

Sets out specific areas which need to be addressed by the Urban Design and Landscape Plan for NoR 1.

(b) Albert Street between Quay Street and Victoria Street; and 32

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(c) Albert Street between Victoria Street and Mayoral Drive including those part of Victoria and Wellesley Streets, the Council owned land on the southeast corner of Albert and Wellesley Streets which is to be used as a construction area, affected by surface construction works .

The above may be provided in one complete plan or in parts. Where in parts, plans should clearly show how the parts are holistically integrated.

For this designation the Urban Design and Landscape Plan shall include restoration plans (showing how the following are to be restored following completion of the City Rail Link construction works):

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(a) Beresford Square and Street including where surface works have occurred within Pitt Street; and

Sets out specific areas which need to be addressed by the Urban Design and Landscape Plan for NoR 4.

(b) Mercury Lane.

The above may be provided in one complete plan or in parts. Where in parts, plans should clearly show how the parts are holistically integrated.

For this designation the Urban Design and Landscape Plan shall include restoration plans (showing how the following are to be restored following completion of the City Rail Link construction works): 34

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(a) Those areas used for surface construction works within the designation footprint including the construction yard located on the northeast corner of Mt Eden Road and Symonds Street.

Sets out specific areas which need to be addressed by the Urban Design and Landscape Plan for NoR 5.

The above may be provided in one complete plan or in parts. Where in parts, plans should clearly show how the parts are holistically integrated.

For this designation the Urban Design and Landscape Plan shall include restoration plans (showing how the following are to be restored following completion of the City Rail Link construction works): 35

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(a) The replacement of Mt Eden Road Bridge;

Sets out specific areas which need to be addressed by the Urban Design and Landscape Plan for NoR 6.

(b) The area used for the grade separation of Porters Avenue; and (c) The area used for the grade separation of Normanby Road.

The above may be provided in one complete plan or in parts. Where in parts, plans should clearly show how the parts are holistically integrated.

36

Station Plan

A Station Plan (report and design plans as required) shall include the following: (a) The design details showing both the above ground and below ground elements of the station; (b) How the above ground and below ground design of the above ground and below ground has taken into account the following principles:

Sets out what is to be addressed in the Station Plan, particularly the principles developed within the Concept Design Report and Urban Design

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

 Overarching ‐ stations should achieve a successful and memorable transport experience.  Function ‐ stations will provide safe, functional and clear transport solutions.  Performance ‐ stations will provide a credible, sustainable design outcome that responds to climate, site and social economics.  Personality ‐ stations will provide an expression that contributes to their context and local identity and will respond to an appropriate network wide identity.  Existing and New Building Structures:  Built Heritage Where built heritage is required for City Rail Link station requirements, adaptive reuse strategies should be considered to preserve the building’s role in establishing the streetscape and urban character.  Bulk, Scale and Massing Bulk, scale and massing of structures resulting from the City Rail Link (station buildings in particular) should be sympathetic with the surrounding built urban form.  Other Uses Structures resulting from the City Rail Link should promote mixed use environments. Station buildings may accommodate other uses, where practical and aligned with governing planning rules.  Active Frontage Structures resulting from the City Rail Link should present an active frontage towards public spaces like streets, squares, pedestrian walkways, etc.  Weather Protection Where practicable, station entrances should provide some weather protection along their frontage (e.g. verandahs, awnings, canopies etc.) and these should be considered as part of the design.  Adaptability The design of structures resulting from the City Rail Link should be able to adapt to change over time (e.g. change of uses, innovations in technology etc.) where reasonably practicable and anticipate opportunities (e.g. additional entrances) that may become possible in the future. The station design should not inhibit wider development opportunities (e.g. above or around station entrances).  Identity The design of the station entrances should provide an expression that reflects their respective context and local cultural identity. They could reflect, respond and/or interpret local characteristics like natural or Mana Whenua heritage, history, art, particular traits of the local community and unique architectural and urban forms of the area.  Construction Quality The design and construction of structures resulting from the City Rail Link (station buildings in particular) should be of a quality that lasts over time. Materials should be selected that are highly durable, elegant and vandal resistant where they come into contact with patrons.  Mana Whenua Principles – see condition 31. (c) The Station Plan shall show how these principles have been used to guide and influence the design, and how the design has responded or otherwise to these principles and initiatives.

Framework submitted as part of the Notice of Requirement.

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

(d) A summary of the engagement with mana whenua (see condition 8) and identification of where design has incorporated the mana whenua principles and other mana whenua aspirations into station design; and (e) The integration of the above ground elements with the Urban Design and Landscape Plan set out in conditions 29 to 35.



1

37

4 5 6

Construction Management All temporary boundary / security fences associated with the construction of the City Rail Link shall be maintained in good order with any graffiti removed as soon as possible. All storage of materials and equipment associated with the construction works shall take place within the boundaries of the designation.

Mitigation of adverse construction effects.

Construction Noise Construction noise shall be measured (see condition 21 ) and assessed in accordance with the following Project Criteria:

Construction Noise criteria to be applied to this designation.

All days (dB LAeq)1

Description

38

Day time2 (0700 to 2300)

Night‐time3 (2300 to 0700)

1

Commercial and industrial buildings

75

80

4

Noise sensitive activity (e.g. dwelling)

75

604

5 6

Notes: 1. Construction noise should be measured and assessed in accordance with the provisions of New Zealand Standard NZS 6803:1999 “Acoustics ‐ Construction Noise” 2. Noise limit may be relaxed by 5 decibels for 1 period of up to 2 consecutive weeks in any 2 months 3. Noise limit may be relaxed by 5 decibels for 1 period of up to 2 consecutive nights in any 10 days 4. Or 35 dB LAeq measured inside a bedroom

1 2 39

4 5 6

Building Damage from Construction Vibration Construction vibration (resulting from construction works including blasting – see condition 21)) received by any building, which may result in building damage, shall be measured and assessed in accordance with the project construction vibration criteria established at the time of the Notice of Requirement ‐ German Standard DIN 4150‐3:1999 as follows:

Type of Structure

Short‐term vibration PPV at the foundation at a frequency of

PPV at horizontal

Construction Vibration criteria to be applied to this designation to assess building damage from construction vibration.

Long‐term vibration1 PPV at horizontal

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

1‐ 10Hz (mm/ s)

10‐50 Hz (mm/s )

50‐100 Hz (mm/s)

Commerci al/ Industrial

20

20 – 40

40 – 50

40

10

Residentia l/ School

5

5 – 15

15 – 20

15

5

Historic or sensitive structures

3

3 – 8

8 – 10

8

2.5

Note: 1. Standard DIN 4150‐3:1999 defines short‐term vibration as “vibration which does not occur often enough to cause structural fatigue and which does not produce resonance in the structure being evaluated”. Long‐term vibration is defined as all other vibration types not covered by the short‐term vibration definition.

2. Building damage in relation to blasting shall be measured and assessed using the short term vibration criteria above.

1 2 40

4 5 6

1 2 41

4 5 6

Construction Vibration Construction vibration shall be monitored (see condition 21) to comply with the criteria in condition 39 above.

If the predicted or measured vibration levels exceed these criteria at any building, monitoring of vibration levels and building condition shall be undertaken by suitably qualified experts to determine whether vibration‐ induced building damage has occurred.

Building Condition Survey's in relation to construction vibration effects, and effects on built heritage Where it is identified under conditions 21 and 22 that a Building Condition Survey is required: (a) The Requiring Authority shall employ a suitably qualified person to undertake the building condition surveys and that person shall be identified in the CEMP; (b) The Requiring Authority shall provide the building condition survey report to the relevant property owner within 15 working days of the survey being undertaken, and additionally it shall notify and provide the Auckland Council Consent Monitoring officer a copy of the completed survey report; (c) The Requiring Authority shall contact owners of those buildings and structures where a Building Condition Survey is to be undertaken to confirm the timing and methodology for undertaking a pre‐construction condition assessment; (d) The Requiring Authority shall record all contact, correspondence and communication with owners and this shall be available on request for the Certification and Monitoring Group; (e) Should agreement from owners to enter property and undertake a condition assessment not be obtained within X months from first

Construction Vibration criteria to be applied to this designation to assess building damage from construction vibration.

Sets out requirements of Building Condition Survey process.

Condition wording still being refined.

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

contact, then the Requiring Authority shall not be required under these designation conditions to undertake these assessments; (f) The Requiring Authority shall undertake a visual inspection during "active construction" in areas where a pre‐construction condition assessment has been undertaken (at least X monthly or times). Any damage shall be recorded and provided on request to the relevant property owner and the Auckland Council Consent Monitoring officer.

Contamination 1 42

4 5 6

At the completion of construction works a validation report will be prepared in accordance with any Ministry for the Environment guidelines and submitted to the Auckland Council Consent Monitoring officer documenting the management of soil and evidence of appropriate disposal. The validation report shall include a record of all analytical results, volumes, tip dockets, and any incidents or complaints and how these were addressed. The validation report shall also identify any areas which need on‐going monitoring and management by the Requiring Authority.

Advice Notes relating to the construction of the City Rail Link 1

AN 1

4 5

The Requiring Authority will require approval under the Historic Places Trust Act 1993 to destroy, damage or modify any building or structure scheduled under the Historic Places Act 1993.

6

1 AN 2

4 5 6

1 2 AN 3

4 5 6

The Requiring Authority will require approval under the Historic Places Trust Act 1993 to destroy, damage or modify any archaeological site. This approval is required in advance of earthworks commencing in the area where the archaeological site is located. It is expected that there will be staged Section 12 Authority applied for to cover the earthworks programme.

In the event of unanticipated archaeological sites or koiwi being uncovered the Requiring Authority shall cease activity in the vicinity until it has the relevant approvals, and consulted with the Historic Places Trust and relevant iwi interests.

The Requiring Authority will need to acquire the relevant property interests in land subject to the designation before it undertakes any works on that land pursuant to the designation. That may include a formal Public Works Act 1981 land acquisition process. It is acknowledged that property rights issues are separate from resource management effects issues and that the resolution of property issues may be subject to confidentiality agreements between the Requiring Authority and the relevant landowners.

Operational Designation Conditions Operational Rail Vibration

43

As part of construction design the Requiring Authority shall confirm that operational rail vibration and reradiated noise levels comply with the following Project Criteria at any vibration sensitive receiver: Building Type

Vibration Criteria (dB re: 1 nm/s)

PPV (mm/s)

Reradiated Noise Criteria (dB re: 20 Pa)

Mitigation of adverse operational rail vibration and reradiated noise.

Other mitigation options still being investigated.

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

Commercial and Industrial Buildings

103

0.2

40

Dwellings

100

0.15

35

Auditoria/Theatres

97

0.1

30

TV/Recording Studios

93

0.06

25

If levels are predicted to exceed these Project Criteria, the Requiring Authority shall mitigate these effects. Mitigation options could include (but are not limited to):  floating track slab;  resilient rail fasteners;  continuously welded rail;  other technologies available at the time of operation.

The mitigation shall be implemented at construction time and shall remain in place and be maintained by the Requiring Authority for the operational life of the City Rail Link.

Operational Noise Operational noise from mechanical ventilation plant servicing the underground rail sections of the City Rail Link shall be measured and assessed in accordance with the following Project Criteria:

44

dB LAeq

dB LAFmax

7.00am to 11:00pm

65

11:00pm to 7:00am

60 70 @ 63 Hz 65 @ 125 Hz

75

7.00am to 10:00pm

60

10:00pm to 7:00am

55

75

Location

Period

Auckland Central Area

Auckland Isthmus Area

Mitigation of adverse effects from operational mechanical ventilation plant once rail link operating.

Measurements shall be undertaken in accordance with New Zealand Standard NZS 6801:2008 “Acoustics – Measurement of environmental sound” and assessed in accordance with New Zealand Standard NZS 6802:2008 “Acoustics ‐ Environmental Noise”.

1 45

4 5 6

AN 4

Management of Property Acquired for the City Rail Link Project within the surface designation areas

[Auckland Transport is currently drafting this condition]

Advice Notes relating to the Designation 1

Mitigation of potential effects from property and community “blighting”.

Under s176 of the RMA no person may do anything in relation to the land subject to the designation that would prevent or hinder the Rail Link without

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Condition Number

NoR Applies to 2

Proposed Draft Condition

Intent of Condition

the written approval of the Requiring Authority

3 4 5 6 1 2 AN 5

Some of the land is subject to existing designations and the provisions of s177 of the RMA apply accordingly to this land.

4 5 6 1

Modifications to Britomart Transport Centre to connect the City Rail Link tracks into the rail network are separate to this designation and are covered under the Britomart Transport designation

AN 6

6

Works required to connect the City Rail Link to the North Auckland Rail Line occurring within the North Auckland Rail Line designation are separate to this designation and are covered under the North Auckland Line Rail designation.

AN 7

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Proposed Draft Notice of Requirement Conditions – NoR 3 Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

Except as modified by the conditions below, the City Rail Link Project shall be undertaken in general accordance with the information provided by the Requiring Authority in the Notice of Requirement dated 23 August 2012 and supporting documents being:

Works to be undertaken in accordance with the scope of the designation i.e. the documentation submitted as part of the Notice of Requirement Process. This still applies to NoR 3 (protection designation) as the NoR documentation sets out purpose and intent of this designation plus the effects which may result from it.

 Assessment of Environmental Effects report (contained in Volume 2 of the Notice of Requirement suite of documents, dated 15 August 2012 Rev B);  Supporting environmental assessment reports (contained in Volume 3 of the Notice of Requirement suite of documents, dated August 2012); 1

 The Concept Design Report (contained in Volume 2 of the Notice of Requirement suite of documents, dated 13 August 2012 Rev 3);

3

 Plan sets: (c) Land requirement plans (contained in Volume 1 of the Notice of Requirement suite of documents, dated 15 August 2012); (d) Plans contained in the Concept Design Report Appendices (contained in Volume 3 of the Notice of Requirement suite of documents, dated 13 August 2012 Rev 3).

Where there is inconsistency between the documents listed above and these conditions, these conditions shall prevail.

This designation is deemed to have been given effect to on the date which is it is included in the District (Unitary) Plan under Section 175 of the RMA.

2

3

The other CRL designations (NoR 1,2, 4,5 & 6) have a lapsing period of 20 years in which to give effect to the designation (i.e. construct the works). There is no physical works associated with this designation and therefore nothing to "give effect to" under section 184. Transfers the interim protection (in place from when NoR served to when confirmed) to the protection under the designation.

3

3

Commitment by Requiring Authority to review and draw Following the commissioning of any part or parts of the City Rail Link back designation to operational the Requiring Authority shall as soon as reasonably practicable: requirements. (a) Review the area designated for the City Rail Link;

(b) Identify any areas of designated land that are still required for construction (if the City Rail Link has been constructed in parts), or no longer necessary for the on‐going operation, or maintenance of the City Rail Link, or for on‐going mitigation measures; and (c) Give notice to the Auckland Council in accordance with Section 182 of the RMA for the removal of those parts of the

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Condition Number

NoR Applies to

Proposed Draft Condition

Intent of Condition

designation identified in (b) above.

AN 1

Advice Notes relating to the Designation

3

This is a designation for protection purposes only. It protects the City Rail Link infrastructure to be constructed, operated and maintained in a separate designation located beneath this designation. The use of the land within this designation is subject to the agreement of the Requiring Authority to protect the subterranean works below. Any persons proposing to undertake physical works within this designation is required to contact the Requiring Authority and obtain its approval in accordance with provisions set out in section 176(1)(b) of the Resource Management Act 1991.

Clear instructions for people whose property is directly affected by this designation or for people who wish to undertake works within this designation area.

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