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Dredge-and-dump plan to go ahead in Auckland after three-year court battle

Sparky the electric tug performs its first commercial operation at the Ports of Auckland

Posted on November 30, 2022

A long-running stoush over Ports of Auckland’s plans to dump millions of cubic metres of sludge into the sea has ended, after the port settled with two groups opposed to its dredging and dumping plans.

The settlement means dredging can begin to deepen the Rangitoto Channel and port precinct – this will allow the port to take larger ships carrying more containers, in line with international shipping trends.

Iwi group Protect Aotea and environmental group Protect Our Gulf challenged consents granted to Ports of Auckland Limited (POAL) to deepen the port and shipping channel and dump dredged material at sea in New Zealand’s Exclusive Economic Zone.

However, Shirin Brown, chair of conservation group Protect our Gulf (POG), said the group has reached an agreement with the port which includes funding for mussel bed restoration projects in the Hauraki Gulf.

The agreement also ensures the ports company will support monitoring of the dumping site and look for opportunities to relocate as much dredged material as possible back within the port precinct, rather than dumping it at sea, Brown said.

“POG’s main aim in bringing the litigation was to challenge the need for dumping in the Hauraki Gulf and to highlight the potential effects the activities might have on Māori cultural values and the precious environment in the Hauraki.

Ports of Auckland now has the consents it needs to deepen the city’s shipping channel and port precinct.

“The important focus now must be how we can best protect the moana and its organisms. Notwithstanding that Auckland is a port city, we have to actively do better into the future as businesses and communities to question all projects which represent significant degradation to our marine environment,” Brown said.

Ports chief executive Roger Gray said that, as one of the largest users of the Waitematā Harbour, the port company is committed to doing its part in looking after it and a joint working group could be set up to ensure better environmental and conservation outcomes in the port’s activities.

The consents

In June 2019, the Environmental Protection Authority granted Ports of Auckland consent to dump up to 2 million m³ of capital dredge over a 35-year consent period, plus a maximum of 50,000 m³ per year of maintenance dredge material. The material is to be dumped at the Cuvier Disposal Site, 27 nautical miles (50km) east of Repanga, Cuvier Island and 75km southeast of Aotea Great Barrier.

Ports of Auckland chief executive Roger Gray said a joint working group could be set up to ensure better environmental and conservation outcomes in the port’s activities.

In August 2020, Auckland Council granted POAL consent to deepen the port’s shipping channel from 12.5m to between 14m and 14.2m. Combined with tidal windows, the new depth will allow for ships with a draft of up to 15.2m.

Both Protect Our Gulf and Protect Aotea appealed the council’s consent decision in the Environment Court and applied for a judicial review of the EPA’s dumping consent which was heard in the High Court at Auckland in June. On July 18, the High Court released its decision declining to quash the marine dumping consent.

Both groups then filed for proceedings in the Court of Appeal.

Stuff understands all proceedings have now been withdrawn and that Protect Aotea, which is mandated to represent multiple iwi with mana whenua interest in the dredging and dumping sites, is now working with POAL on future environmental initiatives.

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