Waterview Connection consenting bypasses local hearing

It’s no surprise, yet still fairly disappointing, to see NZTA announce today that the consenting of the Waterview Connection will bypass a local hearing and go straight to either a ‘Board of Inquiry’ or to the Environment Court. This ‘fast-tracking’ was made possible by last year’s changes to the RMA – which allowed for many more projects to be “called in” and have a “one stop shop” for consenting. Here’s part of NZTA’s press release on the matter:

The New Zealand Transport Agency is moving forward with the next steps on the Waterview Connection on the SH20 Western Ring Route following confirmation of a revised alignment and tunnelling options in December 2009.

The NZTA is now carrying out geotechnical studies and continuing with design work on the project, and expects to lodge an application with the Environmental Protection Authority (EPA) by June this year to advance the project by using the new national consenting process of the Resource Management Act, introduced by Government last year to streamline the decision-making process on matters of national significance.

Using the new national consenting process for the project would replace the usual two-step process of a council hearing followed by an Environment Court hearing with either a single hearing before a board of inquiry, or a direct referral to the Environment Court…

… Mr McDonald [of Harbour Bridge crossing fame] said that the use of the new national consenting process would not affect the NZTA’s approach to consultation with those affected by the project.

“We recognise that this project will have a significant impact on the community and we are committed to continuing to work closely with residents on how it can best be integrated with the surrounding urban area.”

In December 2009 the NZTA Board announced that design improvements for the Waterview Connection will require fewer houses and significantly reduce disruption to residents and commuters on Great North Road.

This alignment for SH20 from Mt Roskill to the Northwestern Motorway will reduce the number of houses affected to 205 compared to the estimate of 365 when the combined surface tunnel option was announced in May 2009.

The revised alignment allows the SH20 route to be shortened while making the tunnelled section deeper and longer. This refinement to the combined surface-tunnel route means the tunnels will be continuous from where they go underground in Alan Wood Reserve to where they rise to the surface to meet SH16 at Waterview Park. It will eliminate the previous gap between the two tunnelled sections.

Mr McDonald said building the tunnels further east without a gap between them was the most cost effective option for constructing this section while also responding well to community concerns with the previous proposal.

Keeping the tunnels deeper meant they could be extended further north which significantly reduces disruption on Great North Rd.

Construction on the project is likely to start in mid to late 2011 with an anticipated completion date in the 2015/16 financial year.

The changes to the design of the Waterview Connection that we saw in December were certainly an improvement. I’m still not quite able to understand how this latest option can cost $1.4 billion when it’s fairly close to the option announced by the previous government that was said to cost $2.77 billion. If someone in the know could enlighten us on this amazing feat of money-saving, then it’d be most appreciated. Perhaps the cost of all transport projects could be halved with a bit of thought? Or were the previous estimates hugely overblown?

However, there are still a number of significant concerns that I have in terms of this project. It doesn’t seem as though this is necessarily the transport project in Auckland which most needs that $1.4 billion. Shouldn’t it at least be compared with the CBD Rail Tunnel for “value for money”, considering it’s likely the two projects have a similar pricetag? Secondly, while the people of Waterview will not suffer from having Great North Road be in utter chaos for 3-4 years while the motorway is being built, and the new alignment does avoid a lot more houses, it still affects Alan Wood Reserve substantially and still removes a lot of open space from that part of the city. There may be ways for this to be appropriately mitigated – but that’s likely to involve a fairly lengthy process of negotiation and consultation with the local community.

Which brings us to the problems with today’s announcement. By making the consenting process a ‘one stop shop’, and in particular by turning it into something much more formal than your typical council hearing, I do worry that the opportunity for locals to easily have their say on the project is being taken away. While I have yet to be involved in a ‘Board of Inquiry’ hearing, I have been the numerous council hearings and a couple of Environment Court hearings and there is a huge difference between the two in terms of formality and how ‘scary’ it might be for a submitter. At a council hearing while there are often many lawyers involved for the various parties, submitters cannot be cross-examined and therefore are generally asked fairly friendly questions by the only people who can ask them questions – the Commissioners. On the other hand, in the Environment Court everyone presenting evidence (which would include submitters) is open to cross-examination by opposing lawyers – which can be a pretty stressful process. There is also the expectation at the Environment Court that you should be represented by a lawyer – which would impose a significant cost on anyone wanting their voice heard in a fully professional manner.

So my first worry is that the more formalised atmosphere of an Environment Court hearing or a Board of Inquiry hearing will put off locals from ‘having their say’. NZTA can go on and on about ‘consultation’, but really it’s not until you get to make a formal submission at a council hearing or in the Environment Court that your voice has to be heard. Too often consultation is viewed as merely a ‘rubber stamp’, or ‘telling them what’s happening’ – rather than what it should be: going in with a relatively open mind to what the outcome might be and really taking into account what people say and making changes as a result of it (if need be). I am certain that we will end up with a poorer outcome if people are put off making submissions and going along to a hearing because of the decision to fast-track the consenting process makes the process too daunting.

My second concern is that fast-tracking the process gives us only one real chance to ‘get it right’. This probably concerns NZTA as much as it does local residents, as if they don’t ‘get it right’ the first time then their consent could be declined and they wouldn’t have the opportunity to adjust things later during the appeal process. However, I must say that NZTA isn’t really my concern – the local residents and interested groups are – and the same potential problem arises here. In a two step process we might end up with Council granting consent to a sub-standard proposal, a submitter appealing that decision and then having the proposal improved during the appeals process to satisfy concerns. This kind of ‘deal-making’ happens all the time, and almost without fail leads to better outcomes. However, if we’re going down the ‘one-stop-shop’ route and consent is granted to something sub-standard then that’s the one opportunity gone.

In a way it’s very fortunate that NZTA have been able to redesign the project into something with fewer adverse environmental effects. It would have been rather embarrassing for them to have a Board of Inquiry turn down their notice of requirement and for them to then have no ability to fix things up by way of an appeal. That’s still a possibility of course, but I suspect due to the redesign it’s now less likely.

The people of Waterview, Owairaka and Avondale have been truly messed around over the past year, with two redesigns of this motorway – the first of which would have had truly horrific effects on the area. I imagine if we lived in the USA people would be suing NZTA for emotional distress left, right and centre for all these shenanigans. Really, NZTA owes those people for the mess of last year. A fast-tracked consenting process – making it more difficult and daunting to have their say – is hardly making up for all this distress, but rather like rubbing salt into their wounds.

Once built, the Waterview Connection will be around for decades and decades. Although Auckland does suffer from quite a lot of traffic congestion at the moment, it’s not like the city is absolutely dying due to not having this particular motorway. Furthermore, due to NZTA constantly ignoring the effects of induced demand, the benefits of the Waterview Connection in reducing congestion might actually be quite short-lived. Which begs the question of “why the massive hurry?” Should we really be rushing the consenting process, potentially leading to poorer outcomes for the area (and the possibility that consent could be refused altogether) or should we make damn well sure we get this right and go through the system properly? I suspect the sensible answer, and the answer the people of Waterview, Owairaka and Avondale deserve, is the latter.

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