Final Report and Decision

The Board of Inquiry for the East West Link proposal publicly released its Final Report and Decision on 23 January 2018.

The Board of Inquiry for the East West Link proposal released its Final Report and Decision on 23 January 2018.

Read the public notice (pdf 102KB)

In summary the Board:

•    confirmed the Notice of Requirements (NoR 01 to 02), subject to the modifications made during the Hearing. The conditions can be found in Volume 3 of the Final Report and Decision.

•    granted the resource consents relating to the East West Link proposal, subject to the conditions in Volume 3 of the Final Report and Decision.

After considering the comments received on the Draft Report and Decision, the Board incorporated a number of ‘minor and technical’ changes into the Final Report and Decision:

Volume 1 - Report and Decision (pdf 4MB)

Volume 2 - Appendices (pdf 20MB)

Volume 3 - Conditions (pdf 4.9MB)

Corrections to minor errors in the East West Link Final Report and Decision

Following the release of the Final Report and Decision, the Board of Inquiry has received two requests for corrections to minor errors under section 149RA of the Resource Management Act 1991 (RMA). Mercury NZ Limited, on 14 February 2018, and the Applicant, New Zealand Transport Agency, on 26 February 2018.  These requests relate to the notice of requirement conditions in the Final Report and Decision of the East West link proposal.

The Board has accepted that the requested amendments are necessary to correct minor omissions and errors in Volumes 1 and 3 of the Final Report and Decision. The Board has issued Board Minute and Direction No. 42 that includes an addendum to the consent which records the changes. The addendum is to be read alongside the remaining original consent conditions.

The memoranda and Board Minute and Direction No. 42 can be viewed below:

Mercury NZ Limited – Memorandum of counsel requesting corrections to minor errors (pdf 1.0MB)

NZTA – Memorandum of counsel requesting corrections to minor errors (pdf 157KB)

Board Minute and Direction No. 42 – Corrections to minor errors – 13 April 2018 (pdf 292KB)

These minor corrections are shown as tracked changes in the copies of the Final Report and Decision, Volumes 1 and 3 below.

Volume 1 – Report and Decision with tracked changes (pdf 4.5MB)

Volume 3 – Conditions with tracked changes (pdf 5.4MB)

Viewing the final decision Plus

Hard copies can be viewed at the following locations during their normal opening hours until late February 2018 when the appeal period closes:

•    Environmental Protection Authority Office – 215 Lambton Quay, Wellington

•    Graham Street Service Centre – 35 Graham Street, Auckland

•    Onehunga Library – 85 Church Street, Onehunga, Auckland

•    Māngere Bridge Library – 5/7 Church Road, Māngere Bridge, Auckland

•    Ōtāhuhu Library – 28/30 Mason Avenue, Ōtāhuhu, Auckland

•    Central City Library – 44/46 Lorne Street, Auckland

Appeals Plus

The Board’s decision can be appealed on questions of law only to the High Court under section 149V of the Resource Management Act 1991 (RMA). It can be appealed by the New Zealand Transport Agency (the applicant), Auckland Council (the local authority), all submitters on the Proposal and the Minister for the Environment.

A notice of appeal must be filed with the Registrar of the High Court within 15 working days after the date the appellant is notified of the Board’s decision.

Section 300 of the RMA outlines what a notice of appeal shall specify, who must be served and relevant timeframes. The High Court Rules 2016 contain other relevant requirements. A fee is required for filing an appeal.

Any party considering an appeal should seek information from their solicitor, the New Zealand High Court, or visit www.justice.govt.nz. It’s recommended that you take legal advice if you’re considering an appeal.