Information updates for Templeton residents
This page will provide updates for residents on Fulton Hogan's proposal to develop a quarry in Templeton. View the application.
Fulton Hogan's proposal is moving through the formal hearing process – View all information, reports and evidence.
Update 33: 14/11/2019 Hearing schedule available
The hearing schedule is now available.
Please note that the schedule is accurate at the time of publication, but it may be subject to change, particularly as a number of submitters have not yet confirmed their attendance. As such, the timing of the speakers is indicative only – speakers may appear earlier or later than noted on the schedule.
Update 32: 16/10/2019 Circulation of Submitter Evidence and Minute 7
The hearing commissioners' Minute 1, dated 15 July 2019, directed that s42A reports and evidence from the applicant and submitters had to be submitted by 14 October 2019. The submitters evidence is available to read here.
A summary of the timetable for the provision of the applicants’ rebuttal and legal submissions is:
- Applicants rebuttal evidence (required), due 4pm Monday 21 October 2019.
- Expert conferencing statements (required), due 4pm Monday 11 November 2019.
- Applicants legal submissions (requested), due 4pm Wednesday 13 November 2019.
Copies of the evidence, statements and legal submissions will be available on our website after the due dates.
Minute 7 of the Hearing Commissioners
Minute 7, dated 14 October 2019, grants an extension of the timeframe for filing expert evidence to the Canterbury District Health Board.
Frequently asked questions
The RMA is New Zealand’s main piece of national legislation that sets out how we should manage our environment and natural resources (eg, air, soil, fresh water and coastal marine areas).
It is based on the principle of sustainable management, which involves considering the effects of activities on the environment now and in the future when making resource management decisions.
Environment Canterbury and Selwyn District Council are legally obliged to follow the law as determined by the RMA when making their consent decisions.
We understand that there is legitimate public interest in these processes, and we want to provide some clarity on what they are, and the sorts of constraints and powers that Environment Canterbury and Selwyn District Council have under the RMA.
To help understand the process, we have provided answers to some of the most frequently asked questions:
Q1. What happens when an application for an activity requiring consent is received?
First, there has to be sufficient information within the application for it to be considered. Any person can apply for any activity that is not prohibited under a rule in a plan – therefore, we are legally obliged to process every application that we receive.
If there is sufficient information, and the application is formally accepted, it will then be considered against the statutory tests provided within the RMA, relating to the effects on the environment from the proposed activity and the degree of those effects.
We do this by auditing the information provided in the application, using technical experts and the planning framework as guidance. For example, extracting gravel from a river has an effect on the environment, but a rule in the plan might say that removing any gravel up to a certain amount is acceptable. Therefore, if we received an application to take an amount less than the amount specified in the plan, we would use the plan framework as guidance to determine whether the effect is more than minor in accordance with the RMA. In this case, we would consider the effects of the proposed activity to be less than minor.
Once we have audited the application and determined the environmental effects and the degree, we then need to decide the appropriate type of notification for the application.
Q2. What if more information is required to understand the application?
Once an application is formally accepted, further information about the application may be requested from an applicant. This information may be required to clarify what the applicant is proposing or to better understand the effects that could occur from the activity needing consent.
A request to an applicant for further information from either Environment Canterbury or Selwyn District Council must be in writing and state the reasons for requesting the information. Further information can be requested any time before or after the application is notified and before the start of a hearing.
Within 15 working days after receiving a request for further information, an applicant can provide this information or propose a timeframe for providing this information. The applicant also has the right to refuse to provide this information.
Q3. Affected parties vs interested parties – what’s the difference?
An “affected person” (which is a term defined in the RMA) is someone on whom the effects of the proposed activity will be minor or more than minor. Effects on a person (eg, neighbour) may be more than minor but overall the environmental effects of the activity may still be minor. If the person has given written approval, they have waived their rights as an affected person in the consent process.
An interested person or party may be a group or body that has a general interest in an application but is not deemed to be ‘affected’ under the RMA. We have a list of interested parties that are sent an email advising them of specific applications relevant to their particular interest, a courtesy we undertake to ensure those parties are made aware of relevant applications.
An interested party may then send a comment to us, which we use during application processing to determine whether they are an affected person, which gives them certain rights under the RMA.
An interested person or party (like anyone else) is then entitled to make a submission if the application has been publicly notified.
Q1. What happens when an applicant requests public notification?
An application will be publicly notified if adverse effects on the environment are more than minor. An applicant can also request that an application be publicly notified.
Anyone is able to submit on a publicly notified application.
The RMA provides a timeline to assess, notify, prepare and receive submissions and to hold a hearing. This timeline may be extended by the Councils and applicant in certain circumstances.
Q2. What happens when an application is received and notified by both a Regional Council and a District Council?
When applications for an activity are made to both a regional and district council, and both councils decide to publicly notify the application, the councils can choose to align the processes for notification, receiving submissions and holding a hearing.
This means that the Councils will jointly advertise the application at the same time in local newspapers and on the Councils’ websites and a joint hearing will be held. Submissions can be made to both applications.
The following link provides guidance on making a submission: http://www.mfe.govt.nz/publications/rma/everyday-guide-rma-making-submission-about-resource-consent-application
Q1. Who can make a submission?
Once an application is publicly notified any person, group or organisation can make a submission.
If others feel the same way about the application, they can consider making a joint submission (e.g. forming a community group and appointing a spokesperson). The spokesperson or contact person should be clearly identified in the submission.
Any member of an organisation or group that makes a submission can still make a submission in their own name.
Q2: How do I to make a submission?
The applications for the Fulton Hogan Limited Roydon Quarry will be jointly notified by Selwyn District Council and Environment Canterbury. There will be one submission form for both Council's consents, and submitters will be able to tick which consents they want the submission to apply to.
Submissions can be made to both applications in the following ways:
1. Online on the Environment Canterbury website. The online form will be available once the application is formally notified.
2. Use the paper submission form – a copy will be available to download from the website or request or collect one from either the Selwyn District Council or Environment Canterbury offices.
3. Write your own submission. The submission must include your name, postal address, telephone number and email address; whether you support or oppose, or are neutral to the application; whether you wish to speak to your submission at a hearing; the application numbers you are submitting on; and, your submission statement with reasons and what decision you would like to be made.
Q3: Where do I send my submission?
If the online submission form is used, it will be submitted automatically via the website. Once the submission is submitted, an automated reply will be received in your email box. A copy will automatically be sent to the applicant.
Deliver a written copy to either Selwyn District Council at 2 Norman Kirk Drive, Rolleston or Environment Canterbury at 200 Tuam Street, Christchurch.
Email the submission to Hearings@ecan.govt.nz;
Post to: Environment Canterbury, PO Box 345, Christchurch 8140.
Q4: Does my submission need to go to the applicant?
Yes, the applicant should receive a full copy (duplicate) of the submission you make sent to the Council. It can be sent electronically or mailed – details of contact details will be made clear when the application is notified.
If the online submission form is used, a copy will be automatically forwarded to the applicant.
Q5: What is the closing date for a submission
Submissions must be received by the closing date stated in the notification advertisement. It is important to get the submission in on time. If it is late, the submission may be invalid and you will not be part of the process.
Q6: Will you acknowledge my submission?
All submitters will receive a formal acknowledgment that their submission has been received once the submission period has closed. Submitters will be advised if a hearing is required at this time.
Q7: What makes a good submission?
Think about what needs to go in the submission, organise it in a logical order and stick to the facts. Remember that the RMA is concerned with managing and protecting the environment.
Make sure that if you want to speak at a hearing, you include everything in the submission you want to speak about.
A submitter doesn’t have to speak at the hearing, and while speaking can help highlight what is said in your submission, it is just as valid if you don’t speak.
Maps, diagrams and professional opinions that support the submission can be included where appropriate.
A “Friend of the Submitter” has been appointed to give advice on the submission process. More details about this will be provided when the application is notified.
Q1: Can I attend a hearing if one is held?
Any hearing is open to the public, including the media.
Q2: Can I speak at a hearing?
A person can only speak at a hearing if they submitted and indicated on the original submission form that they wanted to speak.
Only Hearing Commissioners are allowed to ask questions during a hearing. Cross examination is not permitted.
The order of speakers during a hearing is: the applicant and applicants’ expert witnesses; submitters who wish to be heard; reporting officers; and the applicant with their right of reply.
Appearing at a Resource consent hearing
Q3: What can I talk about at a hearing?
You will only be able to talk about issues that you have included in your written submission.
You can speak at the hearing as an individual submitter. Alternatively, individuals can group together with others that have submitted on similar issues and have a spokesperson(s) speak on behalf of the group.
Q4: Can I bring an expert to a hearing to present evidence?
If you intend to call an expert witness in support of your submission, you must provide that evidence in writing before the hearing begins – this is called ‘pre-circulation of evidence’ and the timetable is set by the Resource Management Act (although the Hearing Panel may give directions that amend the timetable). Copies of this evidence do not need to be provided again at a hearing.
If you are presenting a written presentation, you can provide copies of that on the day. At least 25 copies should be made, including any attachments (eg, photographs) so each member of the Hearing Panel, reporting officers, the applicant and hearings officer each have a copy. If the size or graphic is unable to be copied, it should be loaded onto a pen-drive for the hearings officer to record and share. Any photographs, graphs or other common media format can be placed on a pen-drive to be screened using a data projector.
NB You do not need to provide copies of your original submission as the Hearing Panel will have read it before the hearing.
Q5: Who hears the application and makes the decision?
Independent hearing commissioners appointed by Selwyn District Council and Environment Canterbury will hear the applications and make the decision.
Q1: What are some of the things that inform the decision to grant or refuse an application?
The Hearing Commissioners will consider the application, the evidence provided, and all submissions for:
- both positive and adverse effects;
- relevant planning provisions (e.g. objectives and policies);
- other relevant matters (e.g, Iwi management plans); and
- the ways in which the application achieves the overall purpose of the RMA.
Q2: What are “conditions” of a consent?
The purpose of conditions is to avoid, remedy or mitigate the associated effects of the activity that the consent authorises (s108). Among other things, they define the scope of the consent and can also be administrative.
If the decision is to grant a consent application, it will generally be granted with conditions.
Q3: Can I object to the hearing decision or conditions?
Any submitter to the application and the applicant may appeal the decision. Any appeal has to be made directly to the Environment Court, within 15 working days after the hearing decision is released.
Minutes of the Hearing Commissioners
- Minute 4, dated 2 October, granting an extension of timeframe for filing of expert evidence for Brackenridge Services.
- Minute 5, dated 3 October, directing applicant expert witness summary statements be prepared addressing their evidence in chief, any rebuttal evidence and, where appropriate, joint witness statements. These are to be lodged no later than 13 November 2019.
- Minute 6, dated 7 October, directing attendance of Selwyn District Council independent expert witnesses at the hearing.
Declaration of past business relationship
Hearing Commissioner Paul Thomas has declared a previous business relationship with an expert witness appearing for the applicant.
Fulton Hogan Limited’s legal counsel has prepared a response to the Commissioners Minute 2, issued on the 27 August 2019 regarding the changes to the proposal and the subsequent questions regarding scope. Minute 2 invited parties to prepare submissions to address the scope matters authored by legal counsel. One submission was received from Fulton Hogan Limited that agreed with the Joint Councils approach that the changes to the proposal remain within scope of the application.
Minute 3 provides the determination that the proposed changes to the application are within scope and do not require new resource consents to be applied for from Fulton Hogan Limited.
Environment Canterbury has circulated to parties an addendum to the CRC section 42A report updating recommended conditions, and an updated summary regarding submissions.
All information relating to the proposal and hearing process can be found here.
The hearing commissioners have issued and circulated a minute to all parties involved.
Download the Hearing Commissioners Minute (PDF File, 1.71MB).
This relates to Selwyn District Council and Environment Canterbury seeking a legal opinion to understand whether the further information contained in the Section 92 response from Fulton Hogan relating to changes to the staging and timing of the proposed operation were significant enough to be considered a new application.
The legal opinion received was presented to the hearing panel to determine the fairest way to proceed, taking into consideration submitters’ concerns and the proposal in process.
The minute includes instructions to submitters on how to address the changes in the proposal relating to the quarry, should they consider the changes to be beyond the scope of the initial application. This must be in the form of a legal opinion authored by counsel and sent to the hearings administrator by Tuesday 17 September 2019.
Fulton Hogan has confirmed to Selwyn District Council and Environment Canterbury that the information requested under Section 92 will be provided on 16 August 2019.
On 11 July 2019 clarification was sought from councils on matters regarding:
- Groundwater annual volumes sufficient for requirements (dust suppression/irrigation/washwater)
- Birdstrike – assess mitigation given the close proximity of the airport
- Updated draft conditions needed to reflect proposed mitigation
- Noise mitigation and assessment of effects
On 25 July 2019 clarification was sought from Selwyn District Council on matters regarding:
This will not affect other scheduled dates regarding circulation of reports and evidence for parties as set out in the Commissioners Minute 1.
A request has gone out from Selwyn District Council for additional information. The request seeks clarification on the following matters:
The response is due back on 9 August 2019, and Fulton Hogan have confirmed it will be provided by that date.
The request for further information can be viewed here.
The independent hearing commissioners have issued a minute (PDF File, 139.88KB) to submitters, the applicant, Selwyn District Council and Environment Canterbury. In short, providing information and details relating to the hearing process.
The hearing dates are:
- Monday November 18 to Friday November 22 2019
- Monday December 2 to Friday December 6
- Monday December 9 to Friday December 13
If additional hearing days are required then these will be scheduled for early 2020.
Hearing date update
Fulton Hogan requested that the Councils exercise their powers under section s37A of the Resource Management Act to extend the timeframe to complete the hearing. This means instead of it being completed within 75 working days of the submissions period closing (October 10 2019) it would have to be completed by 23 January 2020.
Both Councils agreed with this request and a recommendation from the Councils (Environment Canterbury (PDF File, 121.49KB)) and (Selwyn District Council (PDF File, 54.12KB)) went to the hearing commissioners to begin the hearing around 18 November 2019 – this also means it will avoid a clash with Cup and Show week which is a busy event for many of the submitters.
The key reasons for this were:
- Given the significant amount of planning and technical information and assessments covering both regional and district council plans it is expected that the hearing will take up to a month. By extending the timeframe, it allows enough time for all parties to prepare, review and respond to evidence prior to the hearing.
- To allow for a robust pre-hearing process for all parties, including time for pre-hearing meetings/caucusing to refine any matters of dispute prior to the hearing.
The commissioners have granted this request. Formal notification of the extension to the commencement of the hearing will be sent to all parties.
Request for further information
A request for further (PDF File, 143.17KB) information has gone out from both Councils to Fulton Hogan for additional information. The request [hyperlink] seeks clarification on:
- Groundwater annual volumes sufficient for requirements (dust suppression/irrigation/washwater)
- Birdstrike – assess mitigation given the close proximity of the airport
- Updated draft conditions needed to reflect proposed mitigation
- Noise mitigation and assessment of effects
Fulton Hogan have confirmed a response related to the information requested will be provided on 9 August 2019.
Today, Selwyn District Council and Environment Canterbury confirmed a three independent commissioner panel for the hearing. They are:
- Rob van Voorthuysen (chairperson)
- Sharon McGarry
- Paul Thomas.
We had a large number of handwritten submissions to transcribe and have deciphered some of the names incorrectly, or in some cases have made a typo during the uploading process. We apologise for this.
- If anyone has any corrections to their name or would prefer their submission wasn’t published then please send us an e-mail with this information to email@example.com.
- In some cases, due to there being a lot of personal information in the body of the submission and sensitive of personal information (i.e. talking about personal health effects) we chose to not publish these which has caused some confusion as people are looking for their submission online. A response is sent to acknowledge submissions received; if you have not received acknowledgement – please email firstname.lastname@example.org and we can follow this up and confirm its receipt.
- For any submissions lodged, that aren’t published currently then we can do so but we would need them to provide written consent (via e-mail if preferred) to let us know this is ok to do so. Again, anyone in this position should contact us via email@example.com.
If anyone has any other concerns then please let us know via this e-mail address.
We’ve received 430 submissions, of which 329 oppose the application. 170 submitters have stated they want to be heard in support of their submission at the hearing (date to be confirmed).
Due to the high level of public interest in this application, we’ve decided to make all submissions publicly available and you can find them Fulton Hogan Ltd - proposed Roydon Quarry consent hearing page.
However, personal or commercially sensitive information contained in submissions have been redacted to protect the interests of submitters.
For similar reasons, where submissions contain a substantial level of personal or commercial information, these submissions have not been published.
What happens now?
We are collating the submissions. Once this is finished, Environment Canterbury and Selwyn District Council reporting officers will make recommendations whether to grant or decline the applications in two separate reports (known as a s42A officer’s report). The recommendations will consider:
- the effects of the application;
- any mitigations proposed;
- the submissions made; and
- if the application is consistent with RMA requirements and any other applicable objectives/policies from relevant national and regional plans.
NB: If the consents are granted by the appointed independent Hearing panel, consent conditions may be applied to manage any effects.
After Environment Canterbury and Selwyn District Council have completed their reports, these will be available to the applicant, submitters the appointed independent Hearing panel, and be considered at the hearing along with the applicants and submitters evidence. The hearing panel will make decision on whether to grant or decline the application.
Who will be on the hearing panel?
The panel will be appointed jointly by both Environment Canterbury and Selwyn District Council to hear and make a decision on the application. Panel members will be experienced independent hearing commissioners.
When is the hearing likely to take place?
By law, this hearing should be completed by 19 September 2019, with a decision to be released by 10 October 2019. This timeframe may be extended if (i) the hearing is suspended by the applicant, or (ii) special circumstances arise that require more time for the application to be heard or considered.
We’ve had a couple of questions about how this process works so thought we’d put some information about it.
Under the Resource Management Act (RMA), the regional council takes the lead in the facilitation of a hearing in a joint process, and consults with the territorial authority, on commissioner(s) appointment.
When any hearing for a consent application is required, our policy is to appoint independent commissioners, with the number of appointees determined by the scale and significance of the proposal. We only select from the national list of those who hold current certification under the Ministry for Environment Making Good Decisions programme. The Chair of any Hearing Panel must also hold the Chair endorsement from this programme.
When selecting from the national list, we consider several matters to ensure we appoint the most appropriate person/people to adequately decide the proposal against the requirements of the RMA including:
Hearing Commissioners comply with the principles of fairness and natural justice
Whether there is a likely to be a conflict of interest, issue of bias or pecuniary gain
Hold the relevant skills, experience and technical expertise
Have experience in determining the type and size of a matter or familiarity with a particular activity – this can be largely influenced by the matters raised in submissions
Any potential appointee must declare any conflicts of interest relating to the proposal as a whole – this is something all appointees are well trained in through their certification.
We are yet to appoint the independent commissioners for the Fulton Hogan quarry proposal. The submission period closes on 6 June 2019. After which we will then complete an analysis of the matters raised in the submissions, so we will have an understanding of the issues to be addressed and take that into consideration in selecting potential appointees. The appointment selection will be done in consultation with Selwyn District Council. All potential appointees are provided the details of submitters and asked to declare any conflicts of interests at that time.
The matter of where in the country the potential appointee lives is not something usually considered as the need to avoid both real and perceived conflicts of interest and to avoid bias, is addressed through following well established principles, policy and guidelines in the appointment process. A copy of our Policy is available here.
The formal appointment of commissioner(s) is made by Environment Canterbury’s Regulation Hearing Committee, made up of Councillors, in a public meeting. All of these meetings are listed publicly. We will update this page when this information is available.
Janette Dovey (independent Planning Consultant) has been appointed as a ‘Friend of the Submitter. She is available to advise people on the process for lodging submissions, and how they might present their views in a submission.
If you require assistance from Janette, contact the Selwyn District Council on 03 347 2889 or email: firstname.lastname@example.org to arrange an appointment. Appointments will be held at Selwyn District Council offices at Rolleston on Wednesdays between 2pm and 7.00pm. There is no cost for this service.
Fulton Hogan's application will be publicly notified this Saturday (6 April). The submission period has been doubled, so close of submissions will be Thursday 6 June.
More information about the Friend of Submitter will be made available by Saturday.
We haven't confirmed a notification date yet, however, we expect it will be on - or after - April 6. We hope to confirm this by the end of the week.
We (Selwyn District Council and Environment Canterbury) have received a response to the request for further information today (see below for response). We will now go through the response to make sure all the information is there.
If we confirm that the response is complete then we will be able to provide some provisional dates for when we expect to notify it, however we expect it will be next week before we have some provisional dates. Keep an eye on this page for updates.
- s92 response - cover letter
- S92 Response - Report March 2019
- s92 response Report - Appendix B - Good Practice Dust Control Comparison
- S92 response report - Appendix C Revised Cleanfill Management Plan
- s92 response report - Appendix D - Reeftide's Assessment of Environmental Effects
- S92 response report - Appendix E - Stantec Traffic Report
- s92 response report - Appendix F - MDA Acoustics Report
- S92 response report - Appendix G DCM Urban Landscape report comments
- s92 response report - Appendix G - Landscape Management Plan B
- s92 response report - Appendix G -Landscape Management Plan - Figures
- s92 response report - Appendix H - Draft Conditions - Selwyn District
- s92 response report - Appendix H - Draft Conditions - Environment Canterbury
- s92 response report - Appendix I - Indicative Lighting Plan
Fulton Hogan Limited has asked for another two weeks to respond to Environment Canterbury and Selwyn District Council's request for further information. This is to give them more time to provide the most up-to-date information, including draft consent conditions and a revised draft Cleanfill Management Plan and Landscape and Visual Impact Assessment. Fulton Hogan's response is expected by March 12.
Fulton Hogan Limited has confirmed it will respond to Environment Canterbury and Selwyn District Council's request for further information by February 28.
Once this information is received, both Councils will review and assess the information to determine whether it is complete, or whether additional clarification from Fulton Hogan (the applicant) is required. Once the information is deemed to be complete, the applications will be publicly notified, providing the opportunity for submissions to be made. The Councils will provide a ‘Friend of Submitter’, an independent person who will be available to provide advice and support on the process for making submissions.
Dates for the hearing will be set once the applications are notified, and Independent Commissioners will be appointed to hear and decide the applications.
Once the submission period has closed, the reporting officers will prepare their reports on the applications to the Independent Commissioners on the applications, along with their recommendations to grant or decline the proposal.
Prior to the hearing, all reports and evidence will be circulated to parties providing information. Further information regarding this part of the process will be provided as the process unfolds and the hearing date is confirmed.
A request for further information has gone out from both Councils. This was requested by consent processing staff from Environment Canterbury and Selwyn District Council. This means the application is on hold until they respond, and they have to provide an indicative timeframe of when they will respond to us by January 31.
- Public notification will not occur until after January 31 2019.
- You can view the applications
- Environment Canterbury and Selwyn District Council have today accepted a complete application under Section 88 of the Resource Management Act (RMA) from Fulton Hogan and will begin processing it. Both Councils will commence the audit and assessment relating to the activities applied for.
- The application has been formally lodged.
- Environment Canterbury and Selwyn District Council now have until December 6 to check it for completeness, at which point it could either be sent back to Fulton Hogan Limited for re-lodgement of a complete application or it could begin to be processed.
- We will provide an update on this page on December 6 as to its status (you can also check the slider above to see what stage it is at at a glance).
- Fulton Hogan Limited have applied for resource consents to establish Roydon Quarry, (at land bounded by Curraghs Road, Dawsons Road, Maddisons Road and Jones Road, Templeton). The application will now be assessed to determine if all of the information required has been provided by Fulton Hogan Limited to confirm lodgement and commence processing.
- Resource consents are required from Environment Canterbury and Selwyn District Council and there will be a joint hearing process for the application.
- You can view the proposed application here
- The site is approximately 170 hectares in size, and it is proposed to quarry no more than 40 hectares at a time, to a depth of approximately 10 metres below ground level.
- Land use and discharge consents are required from Environment Canterbury, and a land use consent is required from Selwyn District Council. Changes are also required to an existing water permit for the site to allow for the water to be used for aggregate washing, dust suppression and other quarrying purposes.
- The application will be publicly notified, as requested by Fulton Hogan.
- If further information is required by either council this will be requested before the application is publicly notified.
- The Councils are currently in the process of organising for an independent person, with expertise in planning and the submission process, to be available for drop-in sessions for the public to provide advice. We are still working through the logistics of these sessions.
- An unlimited duration is sought for all land use consents, and a 35 year duration is sought for the discharge consents.
Environment Canterbury and Selwyn District Council have now received resource consent applications from Fulton Hogan Limited relating to the proposed Roydon Quarry at Templeton. The application will now be assessed to determine if all of the information required has been provided by Fulton Hogan Limited to confirm lodgement and commence processing.
We will provide updates on this page. Please email Quarrymail@ecan.govt.nz if you have enquiries.