Sand mining hearing paused while allegations investigated

Protesters mobilised against the application in Mangawhai in February.

A controversial sand mining consent hearing has been put on hold to allow a survey to investigate allegations that the seafloor has been damaged.

The resource consent hearing for an application by Kaipara Ltd to continue sand mining offshore from Mangawhai and Pakiri has been postponed since May 14.

During the hearing, Friends of Pakiri and the Mangawhai Harbour Restoration Society alleged that divers had found the mining had created an 18km trench.

Kaipara Ltd acknowledged from its own surveys that a series of swales up to 21 metres wide and 2.4 metres deep had been found on the seafloor.

Environmental scientist Dr Shaw Mead challenged Kaipara’s finding, saying a further study was required to identify the length and number of trenches and the commissioners have agreed.

Following the hearing, Kaipara Ltd anticipated the commissioners and engaged “independent hydrographic surveyor” Greg Cox of marine survey firm Discovery Marine Ltd.

The commissioners have accepted declarations from Kaipara Ltd and Mr Cox that the two firms have had no prior involvement.

Late last month, the commissioners issued a direction stating that a group of seven expert witnesses who made submissions would be allowed input into the survey and its assessment.

Once the survey data is available, the experts, including those that represented Friends of Pakiri, the Department of Conservation and Te Whanau o Pakiri, will produce a witness statement.

The statement is to include areas of agreement and disagreement, and reasons behind the opinions for each expert.

The commissioners say once this process has been completed, the panel will make a decision on how to reconvene the hearing.

However, not all of the submitters are happy that Kaipara Ltd has been allowed to do an additional survey.

Olivia Haddon, of Te Whanau o Pakiri, wrote to commissioners saying that the application ought simply to be declined if Kaipara Ltd had not already submitted adequate evidence.

“It appears the panel is allowing Kaipara a second chance when their expert evidence has not addressed the issue of their bad practice and how extensive the damage is to the seafloor.”

Ms Haddon said the proposed bathymetric survey would only tell a small part of the story and that a “comprehensive morphodynamic study” of changes over the last 50 to 100 years ought to be undertaken.

“We are not surprised that the applicant is encouraging only a bathymetric study as it will only tell a small part of the picture or nothing at all.”

Friends of Pakiri expressed similar thoughts.

“The applicant deserves no more bites at the cherry. The panel should not allow them to have another go at salvaging their case, and they should be permitted a legal reply only.”

It is estimated that the survey itself will take up to six weeks to complete.