Illegal Dumping in Aotea Harbour
Hard to believe but it’s true. The beautiful tranquillity of Aotea Harbour is spoilt by the illegal dumping of dangerous structures on the waterfront. As tangata whenua we oppose such illegal and unsafe dumping and advocate other safer measures to protect property from sand shifting. Not only is it visually polluting but it is also potentially dangerous to young children.
- Letter to Jim Dahm, Coastal
Scientist, Resource Information Group, Environment Waikato, 28/3/97
- Response
from Jim Dahm, Coastal Scientist, Resource Information Group, Environment
Waikato, 1/4/97
- Letter to the Parliamentary Commissioner for the
Environment, 23/6/98
- Response from the
Parliamentary Commissioner for the Environment, 6/7/98
Resource Management Act 1991:
The Resource Management Act 1991 states the following:
12 Restrictions on use of coastal marine area
Coastal Marine Area
12. Restrictions on use of coastal marine area---(1) No person may--- (a) Reclaim or drain any foreshore or seabed; or(b) Erect, reconstruct, place, alter, extend, remove, or demolish any
structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed; or (c) Disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal); or (d) Deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed; or (e) Destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat; or (f) Introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed--- unless expressly allowed to do so by a rule in a regional coastal plan or a resource consent. (2) No person may do any of the following in relation to land in the coastal marine area of the Crown or land vested in the regional council: (a) Occupy the land: (b) Remove any sand, shingle, or other natural material from the land,--- unless expressly allowed to do so by a rule in a regional plan or a resource consent. (3) Without limiting subsection (1), no person may carry out any activity--- (a) In, on, under, or over any coastal marine area; or (b) In relation to any natural and physical resources contained within any coastal marine area,--- in a manner that contravenes a rule in a regional coastal plan or a proposed regional coastal plan unless the activity is expressly allowed by a resource consent or allowed by section 20 (certain existing lawful activities allowed). (4) In this section and in section 13 (1),--- (a) ``Occupy'' means occupy to the exclusion of other persons for a period of time and in a way that, but for the rule in the regional coastal plan or the holding of a resource consent, a lease or licence to occupy the space would be necessary: (b) ``Remove any sand, shingle, or other natural material'' means to take any of that material in such quantities or in such circumstances that, but for the rule in the regional coastal plan or the holding of a resource consent, a licence or profit prendre to do so would be necessary.
Pictures of the Illegal Dumping and Structures:
Correspondence:
The following are letters to and from Environment Waikato and the Parliamentary Commissioner for the Environment expressing our concern and their responses.
To Jim Dahm, Coastal Scientist, Resource Information Group, Environment Waikato, 28/3/97
Dear Jim
In regards to our continuing conversation on the dumping of concrete slabs into Aotea Harbour, we request that a sign to be erected by your department notifying to all that no further dumping of such structural material should occur, as that type of activity is not acceptable or environmentally-friendly. There must be some type of warning and penalty for this type of irresponsible conduct. We intend to take it further if this matter is not resolved within a month. Having a sign there may help to deter anybody doing more dumping of materials into the Harbour.
From Jim Dahm, Coastal Scientist, Resource Information Group, Environment Waikato, 1/4/97
Dear Davis
DUMPING OF SLABS ALONG
AOTEA FORESHORE
Thank you for your letter
of 28 March requesting a sign for the Aotea foreshore.
The dumping of
rocks/rubble and the placing of structures along the foreshore of the region is
a serious problem for us. We have over 400 such shoreline armouring structures
along the coast of the region and ongoing community pressure for more. I have
been involved in working with communities at over 80 sites along the coast of
the region and have consistently found that communities want to try and modify
natural shorelines when property or development has been placed too close to the
sea.
As a consequence, we are
presently involved in developing a strategic approach to these structures in an
effort to stem, and resolve, this rapidly growing issue. This work is being
undertaken in two separate projects – one dealing with coastal erosion and the
other focusing on coastal structures (all kinds of structures).[I enclose a
copy of a recent report I have done on coastal erosion which outlines some of
the concerns we have with the use of coastal structures to manage erosion].
These projects will guide
us in our dealing with existing structures and ensuring that the policies of
the proposed Regional Coastal Plan are implemented.
In the interim, our
Resource Use staff will deal with any new unauthorised structures. It is the
firm policy of Environment Waikato that new structures must have Coastal
Consents and be properly designed and appropriate. Unauthorised works,
particularly works that are poorly designed and which have great significant
adverse effects, will be dealt with in a firm and appropriate manner. I have
passed your letter to our Resource Use staff for their information and if you
have concerns with any newly placed works, you should contact them in the first
instance (using our freephone 0800-800-401). David Pearks is probably the best
first contact – he will be able to advise whether works have consents or not
and will arrange a site inspection (probably by Stacey Bunting) and other
action if required.
With regard to your suggestions
about signs, I would be happy to have 1-2 signs drawn up if you think this
would be useful in preventing further unauthorised work. Sounds like a
suggestion worth trying. Are there any local people in the harbour care group
who would be prepared to erect such signs? Ring me (0800-800-401) if you do
want to pursue this further and we can discuss details.
Letter to the Parliamentary Commissioner for the Environment, 23/6/98
Dear Mr Williams
RE: AOTEA HARBOUR
In response to the dumping of concrete slabs along the Aotea Harbour shoreline we ask that you investigate this matter. The appropriate steps should be made so that these things do not occur again.
Please find attached the correspondence between Moana Rahui o Aotea Inc. and Environment Waikato.
The longer this problem has been established, the harder it has been for any result to occur. This is also causing a degree of dissension amongst the community; which should not be if the Waikato Regional Council took action when it initially happened.
Despite our requests and expression of grave concern no sign has been erected, no pamphlets printed to educate landowners and no structures have been removed. We have offered to do the job if Environment Waikato meet the expenses. This was refused by Jim Dahm and he stated that was not an option.
I hope this matter can be resolved quickly and effectively and that no-one will be hurt or injured.
Response from the Parliamentary Commissioner for the Environment, 6/7/98
Dear Mr Apiti
Thank you for your letter of 23 June 1998 requesting the Parliamenty Commissioner for the Environment to investigate the placement of concrete slabs along the Aotea Harbour shoreline.
I understand from your letter and the discussions we had by telephone on 22 June and 6 July 1998 that Moana Rahui o Aotea has two principal concerns: the adverse effects of the existing unauthorised coastal protection works; and the Waikato Regional Council’s exercise of it Resource Management Act enforcement functions to prevent further unauthorised works.
We have established from enquiries with the Waikato Regional Council (Environment Waikato) that piles of tyres and concrete slabs have been placed along approximately 150 metres of foreshore to protect the road providing access to baches at Aotea township. The road and the baches are threatened by an eroding coastline.
Environment Waikato confirms that the protection work has been carried out without the proper authorisation and is unsightly. It wishes, however, to investigate the consequent environmental effects and to find ways of avoiding, remedying and mitigating and adverse effects, before concrete slabs and rubber tyres are removed. One proposal being considered is establishment of a trial groyne when the slabs and tyres are being removed.
Environment Waikato advises that over the next 12 months it will be consulting with iwi, bach owners and the wider community before deciding whether to proceed with the trial groyne. Any work on establishing a groyne would not be programmed until after decisions have been taken on the 1999/2000 Annual Plan.
I consider this appropriate environmental planning and management. Under the Resource Management Act 1991 Environment Waikato has the function of controlling land and the associated natural and physical resources and the occupation of space below mean high water springs. Although it has the authority un the Resource Management Act 1991 to order the removal of the unauthorised structures at Aotea, Environment Waikato is required to exercise this power in a way that promotes the sustainable management of natural and physical resources. Therefore it is appropriate for Environment Waikato to ascertain whether removal of the structures would, among other matters:
- unduly hinder iwi, bach owners and the wider Aotea community from providing for the social, economic and cultural wellbeing.
- result in greater adverse effects on the environment,
before it takes any action.
Our enquiries into the steps Environment Waikato is taking to prevent further unauthorised protection works at Aotea are continuing. I expect to have these enquiries completed and to advise you of our findings at the end of July 1998 or shortly thereafter.
In the meantime I urge you to keep a record of any new protection work activity and to bring this to the attention of Environment Waikato in written representations. The representations should describe the work observed and identify the person or persons responsible for it. You could also request Environment Waikato to serve an abatement notice if you consider this would be appropriate. If this fails to prevent unauthorised protection work continuing you next option is to seek legal advice on an application to the Environment Court for an enforcement order.