TRANSCRIPT OF PROCEEDINGS BOARD OF INQUIRY New … · 9/25/2012  · TRANSCRIPT OF PROCEEDINGS BOARD OF INQUIRY ... Marlborough Girls‟ College Enviro Council. We have Sheena Overend,

31 Leslie Hills Drive, Riccarton, Christchurch

ph. (03) 366-9671; fax: (03) 943-3608

e: [email protected]; w: www.adeptsts.co.nz

TRANSCRIPT OF PROCEEDINGS

BOARD OF INQUIRY

New Zealand King Salmon Proposal

HEARING at BLENHEIM on 25 SEPTEMBER 2012

BOARD OF INQUIRY:

Judge Gordon Whiting (Chairperson)

Environment Commissioner Helen Beaumont (Board Member)

Mr Mark Farnsworth (Board Member)

Mr Edward Ellison (Board Member)

Mr Michael Briggs (Board Member)

Page 2439

Blenheim 25.09.12

APPEARANCES FOR THE PURPOSES OF CROSS-EXAMINATION

MR D. NOLAN, MR J. GARDNER-HOPKINS, MR J. MARRINER and 5

MS R. BALASINGAM for New Zealand King Salmon

MR P. BEVERLEY and MR D. ALLEN to assist the Board

MS K. MULLER, MS E. JAMIESON and MS S. BRADLEY for the Minister 10

of Conservation

MR W. HEAL for Sustain Our Sounds, Friends of Nelson Haven and Tasman

Bay and Nelson Underwater Club

15

MR S. QUINN and MR B. LUPTON for the Marlborough District Council

MS B. TREE for the Environmental Defence Society

MR J. IRONSIDE for the Pelorus Wildlife Sanctuaries, J&R Buchanan, 20

H Elkington and whanau

MR M. HARDY-JONES for Mr and Mrs Halstead

MS S. GREY for Pelorus Boating Club and others 25

MR CADDIE for the Kenepuru and Central Sounds Residents Association

MR C. SODERBERG

30

MR B. PLAISIER for Tui Nature Reserve Wildlife Park and Wildlife Trust

MR F. HIPPOLITE for Ngati Koata Trust Board

MS W. McGUINNESS for McGuinness Institute 35

MR S. BROWNING

MR D. BOULTON for Sustain our Sounds and Danny & Lyn Boulton and

family 40

MR J. BRABANT for Yachting New Zealand and Waikawa Boating Club

Page 2440

Blenheim 25.09.12

LIST OF WITNESSES

<DONALD IAN JAMISON, sworn [10.39 am] ........................................ 2460

<CROSS-EXAMINATION BY MR NOLAN [11.35 am] ............... 2470

<THE WITNESS WITHDREW [11.41 am] ..................................... 2472 5

<DON MILLER, sworn [11.53 am] ........................................................... 2476

<THE WITNESS WITHDREW [12.06 pm] ..................................... 2480

<JUNE HARNEY, sworn [12.27 pm] ........................................................ 2486 10

<THE WITNESS WITHDREW [12.55 pm] ..................................... 2496

Page 2441

Blenheim 25.09.12

[9.41 am]

JUDGE WHITING: Yes, good morning everybody. I am sorry to keep you

waiting, we had a little matter that we had to attend to first which took 5

a little bit longer than we expected. Now, who is first on the list today,

Mr Martin.

MS CLAFFERTY: I think is the Marlborough Girls‟ College.

10

JUDGE WHITING: Marlborough Girls‟ College, all sitting at the back there.

Yes, I wondered why we had the privilege of all these students.

Welcome, come along, come and take a seat.

MS McINTOSH: Good morning ladies and gentlemen, my name is Ruby 15

McIntosh, I am the environmental prefect for Marlborough Girls

College this year. Today I am here with fellow members of the

Marlborough Girls‟ College Enviro Council. We have Sheena Overend,

Alex Brown, Rheana McNabb, Danielle Pope, Alice Elliott, Emma

McIntyre, Jess Ingle, Brooke Battersby and Rachel Spencer. 20

This year the enviro council‟s vision has been to continue to improve

our own school‟s environment by focusing on areas such as beauty,

sustainability and student awareness. However, this vision is not just

school based. It includes our wider community environment and so, 25

ladies and gentlemen, that is why we are here today.

The proposal to site eight salmon farms in the prohibited zone of the

Marlborough Sounds is an issue in our community which does not sit

well with our vision for a brighter future. New Zealand is well known 30

for its natural landscapes and the Marlborough Sounds are among the

best. While the marine industries are an important part of our economy

we are concerned about the proposed salmon farms and the potential

damage they could cause. This includes damage to the environmental

beauty but may also cause repercussions in the tourism industry and 35

economy in the long run.

The sustainability of these farms also seems uncertain. The

environmental effects, as presented by King Salmon, could simply be

educated guesswork. As the Marlborough Girls‟ College Enviro 40

Council we are particularly concerned with the effects that these farms

will have on the environment for future generations to come.

We, as young adults, are not prepared to let anyone sacrifice our

Sounds. Any negative consequences in the future will not be the 45

problem of your generation, they will be ours. There will be a practical

Page 2442

Blenheim 25.09.12

precedent set as having once compromised the prohibited zone the

Marlborough District Council will find it difficult to continue to defend

its community written plan.

[9.45 am] 5

MS ELLIOTT: Good morning, my name is Alice Elliott. The Marlborough

Sounds are visually stunning with their clear clean water and clear blue

sky. Many people go there to escape, relax and enjoy. Unspoiled

panoramic views sweep across a multitude of bays. The proposed 10

salmon farming sites have the potential to impact not just one bay but

many. How many of you, ladies and gentlemen, have woken up to a

Marlborough Sounds‟ morning, have experienced their stillness and

their beauty firsthand.

15

The proposed installation of eight new salmon farms into the prohibited

zone will diminish the areas of the Sounds open to recreational

activities. Simply salmon farms are not beautifully crafted structures,

they will not enhance the beauty of their surroundings, they are an ugly

1.25 hectares of industrial structure. Is this what we want our visitors 20

to see when they come to the Sounds for their untouched beauty. The

proposed salmon farms will defeat the purpose for many of visiting the

Sounds. Many want to get away from the industrialisation and head to

somewhere with minimal human interference to be at one with the

environment. 25

This should be something we want to encourage and develop but with

increased salmon farming the Marlborough Sounds, as we know them,

will change irrevocably. This will become an issue for the future so we

are here to state in no uncertain terms that we do not want this to 30

happen. We will be the visitors to the Sounds who each year begin to

see a decline in its natural beauty. We will be the visitors who decide

not to come back because it is just not as great as we remember it. We

will be the ones reaping the effects good or bad.

35

MS POPE: Good morning, my name is Danielle Pope. Our parents and

grandparents helped to decide upon the prohibited zone many years

ago. They decided that it would stay a sacred land untouched by man,

a natural tranquil sanctuary. In 1998 by decree of the Marlborough

District Council and Marlborough citizens a prohibited zone was 40

established to protect specific areas of the Sounds from an overrun of

marine farming. For 14 years this area has flourished under the new

plan and escaped the further invasion of industry. How can we now

turn around and say this was all for nothing. By allowing companies,

such as King Salmon, to violate such a protected area we will 45

effectively be destroying everything we, as a community, have worked

Page 2443

Blenheim 25.09.12

for. A plan change to the prohibited area may well open a Pandora‟s

box allowing an influx of similar applications which threat to annihilate

our clean green image.

If these salmon farms are approved can we be so sure that no one else 5

will want to increase the number of farms in the Sounds in the future?

Some other companies have tried unsuccessfully to gain access to the

prohibited zone, they have worked around it. Why should King Salmon

be any different? King Salmon are using their money to override the

wishes of the community. For King Salmon the only costs they will 10

incur are those related to obtaining consent and maintaining the farms.

Contrary to land plots once a marine plot is established and set up no

rates and minimal costs are required. Instead our rates have to increase

as the Council has to expend their resources to ensure the conditions of 15

the agreement are upheld. Money can‟t buy our Sounds back and it is

us, as the citizens of Marlborough who use the Sounds, who will be the

losers and pay the price. There is already one rule for all. The

prohibited zone is not for commercial farming. One rule for all that

must be upheld. By allowing King Salmon in this one rule will be 20

reversed and if the Council lets one group in they must consider them

all.

[9.50 am]

25

MS McINTOSH: In preparing our submission our team has studied the science

on both sides of the arguments and has done a lot of reading but we

have not commented on the science, we are not science experts, not yet.

But what we are all experts in, is living in Marlborough and knowing

and enjoying our Sounds. I turned 18 yesterday, in 35 years time, I will 30

be 53. Will I be sadly showing my children beautiful photos of how the

Sounds used to look. Will I be explaining that we once had a zone that

set aside and protected areas of special character and landscape. Will I

be asking them to clean up the mess. Our future is in your hands.

Thank you, very much. 35

JUDGE WHITING: Does anyone else wish to say anything. Well Ruby, and

all of the other speakers, I would like on behalf of the Board to thank

you for coming along here today and expressing to us your views and

your understanding of the matter. We do really appreciate it. 40

Intergenerational equity is an important part of resource management.

The intergeneration equity provisions of the declaration, the Rio

Declaration relating to sustainability and the way those provisions have

been incorporated into the Resource Management Act have really been 45

brought into focus by your attendance here today.

Page 2444

Blenheim 25.09.12

So often the views that your generation have, are often not heard. You

have delivered your views today clearly and explicitly and you have

done it in a very forceful and eloquent way, so thank you for attending.

5

Now, I think the next person we have on our list, this time, it is

Mr Martin.

MR MARTIN: Good morning, your Honour and members of the Board. My

name is Peter Martin. I am here to represent Carol Elliot, Nikki Elliot, 10

David Jones, Margaret Martin, Adrian Martin, Sue Graham,

Trevor Heslop, Richard Goldsbury and myself.

All of us have filed objections to the expansion plans of New Zealand

King Salmon. We are a diverse bunch made up of an accounts clerk, 15

clinical analyst, CEO, a retiree, a builder, and invalid beneficiary, a

communications engineer, mechanical engineer and refrigeration

design engineer. We feel we are representative of an average Kiwi

point of view.

20

Our objections to these expansion plans are not selfish concerns. We

are anxious to ensure that the Marlborough Sounds environment is

protected as well as is humanly possible. We feel these objections are

on behalf of all New Zealanders and visitors for many generations to

come. We have been particularly concerned that many average Kiwis 25

are completely unaware of this proposal, and what it might mean to all

of us. A huge number of people outside the top of the South Island

have no idea that this is going on, yet it was deemed to be a project of

national significance.

30

In a very limited time period, we are trying to protect the Sounds of all

our rights to experience this wonderful area for many years to come.

Irrespective of the outcome, we wanted to feel that we did our bit to

protect the Marlborough Sounds‟ environment for all. Hopefully we

can say to future generations we were a small part of a team that 35

prevented further degradation of the Marlborough Sounds.

There is no other Marlborough Sounds. This is an utterly unique piece

of public property. The Marlborough Sounds are accessible to people

from all walks of life, excellent roads, sheltered areas, allow access by 40

all vehicles and all sizes of water craft.

[9.55 am]

Now, I have been fishing out of a dinghy for 40 years in the Sounds. It 45

is a safe environment as opposed to an open water such as the

Page 2445

Blenheim 25.09.12

Hauraki Gulf. All of us love the Sounds with a passion, we regularly

fish, free dive, tramp, mountain bike and boat around the Sounds. We

feel privileged to have seen large pods of dolphins teaching their young

their techniques of herding fish, the cruising antics of New Zealand fur

seals and the incredible variety of bird life including shy little blue 5

penguins among others.

Whether we have children with us or not, all of us gaze with childlike

wonder when we spot various pods of dolphins around the Sounds. We

truly appreciate what a special area we are part of. 10

The applicants have tried to cast doubts upon submitters understanding

of evidence, facts and information relating to environmental effects.

They have also tried to minimise the merit of lay individuals in this

process and suggest that the Board should give far more weight to 15

scientific evidence. However, many scientific commentators have

pointed out that the science can be a double-edged discipline. They

caution us to be mindful of scientific being presented and utilised in

particular ways with particular bias.

20

We had serious concerns about much of the evidence New Zealand

King Salmon has presented. We have been delighted to see all of our

concerns highlighted throughout the hearing, and to hear more balanced

and independent scientific views expressed.

25

It appears to us that it is not just the submitters, but perhaps also the

applicants who don‟t seem to have a full understanding of the

environmental effects. We are not environmental experts, however, we

are aware of many environmental issues facing New Zealand. We have

spent countless hours poring over the evidence, transcripts and the 30

concepts behind this proposal. To put it plainly, most of this is common

sense. We are talking about adding many tonnes of waste matter into

the Marlborough Sounds.

Most of us have fulltime jobs. We simply don‟t have the time or 35

resources that we would love to dedicate to this important issue. We

feel average New Zealanders feel we simply can‟t compete. This is

certainly not a level playing field. We feel quite powerless in the

whole process. Being rugby fans, we decided the analogy be like a

social team up against the All Blacks, not a fair fight. In fact, it feels 40

like we are on the sidelines just watching.

To some degree we rely on bodies like the Environmental Protection

Authority and this Board of Inquiry to represent us. Please, take into

account our grave concerns around the level of risk involved in this 45

project.

Page 2446

Blenheim 25.09.12

Thankfully this hearing gives us some rights to be heard. Involvement

of the public was highlighted at the 2012 United Nations conference on

sustainable development. We recognise, and I quote, “We recognise

that opportunities for people to influence their lives and future, 5

participate in decision making and voice their concerns, are

fundamental to sustainable development. We underscore that

sustainable development requires concrete and urgent action. It can

only be achieved with a broad alliance of people, governments, civil

society, the private sector, all working together to secure the future we 10

want at present and future generations.”

This proposal has reminded us how extremely grateful for the hard

work done by many Sounds residents and user groups in conjunction

with the Marlborough District Council in an effort to protect and 15

preserve the Marlborough Sounds. We feel this work deserves our

respect and support, and it would be extremely disappointing to see this

work undermined.

[10.00 am] 20

Large tracts of the Marlborough Sounds have been protected for good

reason. The irony here is that if this work had not been done New

Zealand King Salmon might not be here trying to get into these areas

and we would not be trying to protect them yet again. 25

While there is some talk of “some” economic advantages for New

Zealand on a gross level the majority of the profits are private, yet the

majority of the risks are public in both financial and environmental

terms. 30

There is disagreement about how much this proposal could contribute

to the economy. We still have doubts about the true economic

contributions but we would like to ask the question, “Have the

Marlborough Sounds not done enough already?”. 35

We should focus on minimising or attempting to reverse some of the

harm done by Marlborough‟s current contributors to the economy such

as forestry, farming and aquaculture, not focusing on ringing more

money out of an area without regard for the consequences. 40

It is our belief that as signatories to the Convention on Biological

Diversity and Embarking on an International Decade of Biodiversity

2011 to 2020 New Zealand and New Zealanders should think very

carefully before further endangering areas of unique biodiversity such 45

as the Marlborough Sounds.

Page 2447

Blenheim 25.09.12

Various New Zealand sea sponges have contributed to anti-cancer and

anti-viral treatments. There has been interest in a sea sponge from the

Pelorus Sound. Who knows what else might be out there?

5

Documents relating to the Convention talk about how biodiversity

provides a large number of goods and services that sustain our lives.

New Zealand‟s primary production (tourism) and growing film industry

all rely on natural biological systems.

10

A study done by Massey University economists suggests that the total

annual value provided by New Zealand‟s native biodiversity to this

country‟s economy could be more than twice the value of our gross

domestic product. Protecting biodiversity can be likened to buying an

insurance policy because it keeps our options open. 15

New Zealand does have a biodiversity strategy such as required by the

Convention. New Zealand‟s Fishery Act 1996 also sets up a framework

for sustainable use of fishery resources. One of the environmental

principles requires all actions under this Act to consider the 20

maintenance of biological diversity of the aquatic environment.

We subscribe to the theory that sustainable aquaculture requires the

animal to be grown in a way that does not harm its surrounding

ecosystem. One of the terms used is “managed ecosystem”, not 25

individual stocks.

Adopting an ecosystem approach to fisheries management means

caring for the habitat, ensuring diversity and understanding

relationships in the marine food web. All components of this marine 30

food web (commercial and non-commercial) must be managed for the

health of the ecosystem rather than the benefit of a single fish stock.

From everything we have read and heard we firmly believe that the

New Zealand King Salmon proposal does not represent sustainable 35

aquaculture.

New Zealand King Salmon is a business and as such focus on

maximum production within the “constraints of their consents”. We

have been saddened to hear many disingenuous statements about their 40

environmental effects but heartened to hear holes in some of these

declarations being exposed. We rely on you, the Board, to protect this

environment before things get any worse.

[10.05 am] 45

Page 2448

Blenheim 25.09.12

Reading the assessment of environmental effects document provided by

New Zealand King Salmon we were horrified by statements about

dissemination or assimilation of waste into the sea. This is an archaic

view. Long gone are the days we can pretend that the sea has a never

ending capacity to soak up our rubbish and that currents will just 5

simply carry them away.

On our finite planet there is no “away”. The nonchalant dumping of

waste into the sea and considering it gone would be criminal in any

other situation – you just have to ask dairy farmers. 10

We would be ashamed to be part of an economy that condoned this

behaviour. We believe all have a responsibility to hand over the

beautiful Marlborough Sounds for generations to come in the best

possible condition. That would be something to be truly proud of. We 15

do not want to be the ones responsible for further degradation and

species decimation.

So to sum up, we are trying to protect the stunning, unique and

accessible Marlborough Sounds for all users for generations to come. 20

We are disappointed by the undermining of the Marlborough Sounds

Resource Management Plan. We do not believe New Zealand King

Salmon practices sustainable aquaculture. There are too many huge

question marks about environmental effects and threats to biological

diversity. 25

Humans have contributed to or caused extinction of species after

species through ignorance and greed. We can no longer claim to be

ignorant. Thank you very much having me today and giving me and

our team the opportunity to be heard. Thank you. 30

JUDGE WHITING: Yes, well thank you very much, Mr Martin. Thank you

for giving us your time. We know you are all busy people and we do

appreciate you taking time out to come and extend to us your views.

Thank you also for grouping together with a number of other 35

submitters to make your presentation more efficient.

MR MARTIN: Thank you, your Honour.

JUDGE WHITING: Thank you. Now I think the next on the list is the 40

Outward Bound Trust?

MR MacLEAN: Thanks for the opportunity to present today. My name is

Rob MacLean and I represent the Outward Bound Trust of New

Zealand. My role is School Director at the school at Anakiwa. 45

Page 2449

Blenheim 25.09.12

Our position on the application from King Salmon is to oppose the

Kaitapeha and Ruaomoko sites specifically because they occur within

our operational footprint. And what I would like to do today is I would

like to take the opportunity to explain why we oppose these two farms.

5

The ultimate purpose of what we do at Outward Bound is to provide

people an opportunity to learn what they are really capable of and one

of the ways we achieve that is to provide them a place to be separated

from the familiar – 95 percent or more of New Zealand‟s population is

now urban and coming to a place like the Marlborough Sounds and 10

doing an Outward Bound course is a chance to get away from the day

to day constraints.

I guess it is a bit like a blank page, and an Outward Bound course is

much like that – you change the social context, you change the 15

environmental context and from that blank page you provide a place

where people can redefine themselves.

Now, the Sounds are not a wilderness and I recognise that, and we at

the Trust recognise that. They are remote rural environment. There are 20

lots of other reminders of human impact in the area – there is forestry,

there are power line cuts, there are holiday homes, there are resorts.

But what is distinctive about these two sites is that they sit in the open

channel.

25

[10.10 am]

And so, if you like, that blank page which is decorated around the

edges, well, the way we see this, in terms of our programme designers,

it is almost as though someone has gone and put a couple of smudges 30

right in the middle of it. Because that blank page, that open Sound,

gives students a lot of possibility, it gives them a lot of freedom of

movement, it just provides opportunity and there is nothing

permanently in that space. There might be boats on moorings but they

come and go. There is the odd ferry to dodge but that is actually quite 35

good, it keeps people on their toes.

The difference with this is it is permanent, it is indelible, and it is a

very, very strong industrial reminder right in the middle of what is a

critical operating area for us with students who head out in the cutters, 40

and this is an area where they typically sail and sail quite close to here.

There is already a site in Ruakaka Bay and the difference with this site

is it is actually set back into the bay and so it is less obvious but its

impact is still fairly profound, it is still fairly obvious and it is not hard 45

to imagine what that would be like if we had two more like Ruakaka

Page 2450

Blenheim 25.09.12

placed out by the opening to Tory Channel. I think it really would

indelibly affect that experience for the students.

We are also concerned that this is the thin end of the wedge in the sense

that this is a critical operating area for us. Protected water in 5

New Zealand, particularly in the South Island, is actually quite a

limited resource and if you are in the business of outdoor education it is

very hard to find places where you can effectively run expeditions and

journeys where you are not constantly either dealing with open sea

state or being confronted with industrial aquaculture. This is one of the 10

reasons why we don‟t operate in the Pelorus Sound and we would love

to.

I think the main message I would like to leave you with, as a Board

when you are considering this, is that those two sites for us indelibly 15

taint the recipe that goes into an important part, an iconic part of our

programme, and that is our sea programme.

So I know that during the course of your inquiry you are hearing a lot

of discussion around nutrient exchange and navigation, and I guess I 20

just really want to specifically focus on exactly how this affects us and

why this affects us, and I believe I have explained that. So as much as

anything we are asking for some aesthetic space, some psychological

sea room if you like within that space, so that we can continue to do

what we do. So that we can continue to provide that blank page for 25

people and just help preserve the quality of our classroom. Thank you.

JUDGE WHITING: Yes, well, thank you, Mr MacLean. I wonder if you

could just, particularly for my benefit and perhaps other Board

members benefits, just point out to us where the Anakiwa Outward 30

Bound school is on the map?

MR MacLEAN: Yes.

JUDGE WHITING: I have been there by road but haven‟t seen it in the 35

context of, and if you could just explain where it is rather than just

point and say “here”.

MR MacLEAN: Okay, so for the benefit of explaining in words, the Outward

Bound school is at the head of Grove Arm, which is at the very head of 40

the Queen Charlotte. So if you are coming in on the ferry and you hang

a left you would turn to port to come into Picton, if you just kept going

straight eventually the ferry would run aground but you would

essentially get closer to Anakiwa if you came up to the head here. And

our sea programmes go all the way out, all the way out as far as a line 45

basically by Motuara Island.

Page 2451

Blenheim 25.09.12

JUDGE WHITING: I see. So you use Queen Charlotte Sound for your sea

manoeuvres and so forth?

MR MacLEAN: Yes, we don‟t venture in Tory Channel. 5

JUDGE WHITING: No.

MR MacLEAN: For navigational reasons. But our sea operating area is the

entirety of the Queen Charlotte Sound with the exception of Tory 10

Channel and no further out than Motuara Island.

JUDGE WHITING: And what type of sea activity do you undertake?

MR MacLEAN: So these would be students who would be out there on 15

average for three days, 14 students in an Admiralty cutter, and open

cutter. They would be either sleeping on board that cutter or they

would be camping ashore, and most of that time they will be tacking

and jibing their way around the Sound.

20

JUDGE WHITING: Thank you. Any other questions?

COMMISSIONER BEAUMONT: No, thank you, sir.

JUDGE WHITING: Yes, thank you, Mr MacLean, thank you very much for 25

giving us your time in coming here today, we appreciate it.

MR MacLEAN: Thank you.

JUDGE WHITING: Mr Godsiff? 30

MR GODSIFF: Good morning, Mr Chairman, members of the authority.

Thank you for the opportunity to present my representation verbally.

My name is Chris Godsiff and I am the managing director of

Marlborough Travel Ltd. I was born in Marlborough. For six 35

generations my family have been in Marlborough and 12 in

New Zealand via my Te Atiawa ancestry.

My grandparents owned and farmed most of Bay of Many Coves in the

Queen Charlotte Sound where life started for me. After schooling and 40

a marine engineering apprenticeship I fished with my father in

Fiordland.

With my wife, Sue, and two boys, Ryan and Ben, we lived at Elaine

Bay in the Pelorus Sounds where we started an aquaculture industry, 45

farming greenshell mussels. This led to the establishment of our present

Page 2452

Blenheim 25.09.12

company where we operate boats, buses, host corporate events and

employ 15 staff. This is now a substantial South Island tourism

business with in excess of $4 million in plant, boats, buses. We host

several thousand visitors a year. This includes one contract with a US

company sending up to 2,000 guests split over 50 departures over a full 5

year.

The business came about and grew by visitors to Marlborough coming

to the wharf in Havelock and asking questions about what we did.

Some of them asked to come with us the next day. The 4.30 am start 10

the next day put most of them off. Realising that they were genuinely

interested in what we did and how we made a living from aquaculture

we saw the potential of a more user friendly departure time. This

proved popular and we soon had two departures a day for a three hour

cruise out to a mussel farm. We then added a vehicle to bring the 15

visitors to the wharf.

Today we are one of Marlborough‟s largest tourism operators and have

won many awards. From a tourist point of view the King Salmon

grown in the Sounds has a lot more going for it than mussels. We 20

prepare and cook King Salmon for our guests on all our charters. As a

company we have been asking New Zealand King Salmon over the past

10 years to allow us to develop a tourism product around their business

and operation.

25

Being in the marine industry we have monitored the way they do

things, their commitment to quality and the marketing and reach that

the company has developed. These are all synergies for a great tourism

product.

30

Given our successful development of mussel farm tours we are positive

that we can create and grow the salmon tour business. Handled

correctly salmon farming tourism could well become an icon of

Marlborough and New Zealand. Visitors are very keen on interactive

tourism such as feeding the fish, especially when you can bundle it 35

with a cooking demonstration or a cooking school or even through to a

seafood restaurant. These benefits could filter through the whole

economy and country.

In my original submission I indicated my support for the granting of 40

New Zealand King Salmon‟s request. I feel that the company has to be

commended on all aspects of their record for salmon farming over

many years. They have shown good stewardship of the environment

and they are very good corporate citizens.

45

[10.20 am]

Page 2453

Blenheim 25.09.12

I would just like to add in there that for a period of 12 years I had a

contract with the Marlborough Sounds Quality Assurance Programme

and that contract meant that we had to go and take samples of water

and flesh samples of the mussel industry that was set up for the mussel 5

industry to allow us to have an input into the US market for our

mussels. To do this we had to take these samples, the contract is still

out there and still going, we had it for 12 years, as I say, collecting

flesh and water samples. Many of the water samples were taken really

close to salmon farms, and to the best of my knowledge, thinking about 10

it, we never had an instance where any water quality came into

question through any of the salmon farm activity.

We, who live in Marlborough and all New Zealanders, need these kinds

of companies that are willing to invest capital for the benefit of us all. 15

There has been a lot of talk about New Zealand King Salmon‟s

overseas investment. Let me say that we, as a country and province,

are very fortunate that foreign investment has been involved because if

it was funded by Kiwis alone, the company may not have been able to

withstand the growing pains of getting to where they are today, an 20

integral .part of the country‟s diversified economy.

We have over the past eight months, been working with King Salmon

on a proposed salmon farm tour based in the Queen Charlotte Sounds.

They are supportive of the tours scheduled to start in early summer, 25

2012. We are finalising all aspects now including moving one of our

50 seater vessels from the Pelorus Sound to be based in Picton, and

working with King Salmon operational teams on our venture.

Managing the visitors on the salmon farm sites is a key operational 30

requirement and the government‟s trade and enterprise department have

been part of a group deciding on how best to interpret a farming

activity into a user friendly tourism venture. While we can operate in

the Ruakaka site, just near the Bay of Many Coves, we are keen to have

access to the new sites proposed at Kaitapeha and Ruaomoko. 35

These new sites will be state of the art structures especially designed to

enhance visitor experience. This will allow us to take advantage of

platform designs that take into account our visitors‟ needs. In addition,

it will provide a suitable backup to the Ruakaka site. 40

From a business point of view, we are making a serious investment

with the plant and resources and we believe that the salmon farm tours

along with other flow-on activities will be positive for the region and

provide another string in New Zealand‟s bow. 45

Page 2454

Blenheim 25.09.12

Thank you for the opportunity to be here today.

JUDGE WHITING: Yes, well thank you, very much, Mr Godsiff, for coming

along and giving us your time. We appreciate it.

5

MS CLAFFERTY: (INDISTINCT 3.25.3).

MR PLAISIER: Your Honour, I had some questions for this witness.

(INDISTINCT 3.31.1).

10

JUDGE WHITING: Yes, well, that is correct, he didn‟t present any evidence,

but if you‟ve read the Inquiry procedures, if I refer you to paragraph

42, subparagraph (d), it says, “Any party wanting to ask questions of

points of clarification of lay submitters, must seek leave from the Board

to do so, and any questions or points of clarification permitted will be 15

made through the chairperson at the hearing.”

So you are entitled to ask a question through the chair, but you are not

entitled to cross-examine him, and the reason that has been put into the

procedure is because this is a first instance hearing, and that is what 20

happens at the Council level, and when the submitters come along, they

should be given the same opportunity.

So if you want to ask a question, succinct questions through me, you

are entitled to do so and I will ask, but there won‟t be cross-examine 25

and they are not part of the evidence, but I will ask Mr Godsiff to come

back if you wish to ask a point of clarification.

MR PLAISIER: Do I understand, it is not part of evidence then, it‟s a question

- - - 30

JUDGE WHITING: It is a question really if you want some clarification or

elucidation of a particular point, but you are not entitled to

cross-examine him.

35

[10.25 am]

MR PLAISIER: Okay.

JUDGE WHITING: Because he hasn‟t given evidence, you see. 40

MR PLAISIER: Is there a scope because this is about tourism, and - - -

JUDGE WHITING: Yes.

45

Page 2455

Blenheim 25.09.12

MR PLAISIER: - - - Mr Godsiff is asked to be a consultant in the proposal, he

is mentioned many times in the evidence already presented by

New Zealand King Salmon, can I ask questions in this scope, inside

this evidence what is already provided to the Board?

5

JUDGE WHITING: Sorry?

MR PLAISIER: Can I ask questions to Mr Godsiff?

JUDGE WHITING: No, but you would be entitled to make a submission, 10

when you make your submissions on that point.

MR PLAISIER: Okay.

JUDGE WHITING: But you are not entitled to cross-examine him. 15

MR PLAISIER: Okay.

JUDGE WHITING: Otherwise it would be totally unfair to those parties that

have presented evidence in advance, and those parties who are affected 20

by that evidence because the whole purpose of exchanging evidence is

to ensure that all parties have a good understanding of where other

parties are coming from, and if we allow questions, cross-examinations

of submitters who come along without having first presented their

evidence, we get all sorts of problems about the right to recall evidence 25

as a matter of fairness, and we just can‟t afford that to happen in a

lengthy hearing like this.

MR PLAISIER: Okay.

30

JUDGE WHITING: But if you wish to ask a point of clarification or

elucidation through me, you can, but not to cross-examine him.

MR PLAISIER: Okay.

35

JUDGE WHITING: Do you understand?

MR PLAISIER: Well, I hope so. I have questions, but I do it through you

then, I try - - -

40

JUDGE WHITING: You can do that and I will decide whether I think they are

permissible. Could you come back, Mr Godsiff, please?

MR PLAISIER: Do I hand over my questions to you, your Honour?

45

Page 2456

Blenheim 25.09.12

JUDGE WHITING: Yes. Well, you can do it direct to him and I‟ll – rather

than going between you, to me, to him. I might get them mixed up.

MR PLAISIER: Thanks, Mr Godsiff, for coming back. We both have the

same interest in tourism, so I try to stay inside the rules here, but I like 5

some general – I was reading your submission, and your media release

what was attached to it, do you remember, the original submission

came with a media press release in the Marlborough Express. I have

some questions regarding that matter.

10

Destination Marlborough is representing us both as operators, can we

agree that Destination Marlborough is representing all 1,100 operators

in this area, so Destination Marlborough is our umbrella for all the

1,100 operators?

15

MR GODSIFF: Yes, that‟s true, Destination Marlborough was set up to

represent the tourism industry of the province, yes.

MR PLAISIER: And we – can we state or can we agree that Destination

Marlborough in their submission, mentioned there is a wide range of 20

views on this application from all tourist operators in Marlborough. Do

you believe that all the operators had an opportunity to voice that in

Destination Marlborough?

MR GODSIFF: Well, I believe that anybody that was interested in this 25

application, had the right, either through Destination Marlborough or

making a submission on their own account. I believe anybody that

took the time to, and were sufficiently interested, would have made it

their business to get involved in they so wished.

30

MR PLAISIER: Do you feel that we needed to be consulted about this

proposal, I mean, all the operators working in the Marlborough area,

they were not consulted by Destination Marlborough. Do you feel

that‟s fair?

35

MR GODSIFF: It is probably not for me to say, because the tourism industry

in Marlborough is such a diverse group of people and everybody has a

different idea or a different way they interpret what the application is

all about. I think Destination Marlborough probably chose that because

there was so many different opinions, that they would make a stand on 40

behalf of the industry and any that disagreed then had the right to voice

their opinion.

[10.30 am]

45

Page 2457

Blenheim 25.09.12

MR PLAISIER: Mm. The reason I‟m asking is that this umbrella, we are all

part of, all members of, is many times used during the proposed, and

during the hearing, and assessments made by Mr Bamford, as an

example, is based on the only, the few voices in Destination

Marlborough. That is why I was wondering why not all the operators 5

were consulted, because I know for sure, and I am actually very sure

about this, that the assessments done had a completely different

outcome, because we had no voice. But like I said, you are not only for

Destination Marlborough, of course, and I accept that but I certainly

feel that our voice from the operators who are most affected by the new 10

proposals, certainly didn‟t have a voice in this.

JUDGE WHITING: Yes, well he can‟t answer that, and I think you are

getting a little bit beyond - - -

15

MR PLAISIER: Yes, I feel that - - -

JUDGE WHITING: You have made that point very, very clear to us a few

weeks ago.

20

MR PLAISIER: It must be the frustration, your Honour.

JUDGE WHITING: It is etched in our memory, so - - -

MR PLAISIER: I did well then. The other question I have, of course, you are 25

promoting industrial tourism, and you are very successful probably in it

because that was mentioned in the King Salmon proposal, that you are

dealing with new tours. We were also presented last week that the

1985, the first salmon farm, had a permit already in tourism, for

industrial tourism, it was presented by the conservation people. My 30

question is, from 1985 till now, why is New Zealand King Salmon

proposal still talking about developing industrial tourism.

Do you know the reason for that, it is almost like we are still working

to balance up the loss we are going to see in the outer Sounds, but it is 35

almost – it looks like a low scale market.

MR GODSIFF: Well, I obviously can‟t answer for New Zealand King Salmon,

but I think perhaps the timings weren‟t right, and there was a lot of

things that you have to do from an OSH point of view, health and 40

safety, with tourism, and I think the salmon company was – and this is

only my own opinion – that perhaps they were just trying to get on their

own feet in getting things sorted themselves as a company, and it

wasn‟t part of their core business, but as time goes on, these other

add-ons can be of benefit to all of us. 45

Page 2458

Blenheim 25.09.12

MR PLAISIER: But if I see a tourist at the moment going from Havelock - - -

JUDGE WHITING: No, you are getting into cross-examination now - - -

MR PLAISIER: Sorry. 5

JUDGE WHITING: - - - you have asked a question and he has given you an

answer, and if you don‟t agree with it, you can‟t take it any further.

MR PLAISIER: No, I am not taking it any further I am just trying to ask the 10

potential for industrial tourism, for other operators who are further

away from the mainland. I know that Mr Godsiff‟s is organising

industrial tours, Tourism Tours, is based on a very low travel course

and travel time. The proposal is telling us that there is maybe an

opportunity for other operators in the outer Sounds who are the most 15

affected parties - - -

JUDGE WHITING: Okay. You can put the question simply like this. Does

he think there is room for commercial tourism in the outer Sounds, for

example, the Waitata Reach. 20

MR GODSIFF: Yes, I would say there is every opportunity. I mean, perhaps

instead of the negative side of the salmon industry, you could easily

turn it into a positive and use it as part of your attraction where the

people go there, look at the fish, perhaps even catch one, take it home, 25

barbecue it, talk about it over a glass of Marlborough Sav and

everybody would be having a great time.

JUDGE WHITING: Sounds brilliant, I think we better stop this, otherwise we

won‟t be here this afternoon. 30

MR PLAISIER: I must say, your Honour, the opinion from other charter

operators in the outer Sounds are not that good, because that is only the

other way round, because they can‟t do it anymore.

35

JUDGE WHITING: Okay, that‟s all right.

MR PLAISIER: That‟s probably the effects from the people who are out there.

JUDGE WHITING: You have asked a question and you have got the answer. 40

It is one of the problems.

[10.35 am]

MR PLAISIER: This is just a general question, Mr Godsiff, do you see the 45

wine and food industry in the Sounds, tour operators who are into the

Page 2459

Blenheim 25.09.12

eco wildlife scenery, as probably yourself is partly too, do you see that

there is one package there for our visitors? I mean when we promote

our Marlborough area to all over the world, do you think that this is one

package that people are coming in to do partly scenery tours and to do

partly food and wine? 5

MR GODSIFF: Absolutely, I mean that is one of our main strings to our bow

in Marlborough is the success that the wine industry has had, and in

particular the sauvignon blanc, and I mean ecotourism, whatever you

want to call it or that, it always involves wine and food and I mean 10

everyone has to eat three times or so a day, and often they are drinking

alcohol, wine with it as well. So again it can easily be a plus rather

than a negative.

MR PLAISIER: Well, say we stay on positive, do you feel that if it is one 15

package that we need to protect the interest from the food and wine

industry but surely also protect the interests from those people out there

who are playing a big role in the other part of the attraction to visitors.

Can you agree on that or not?

20

MR GODSIFF: Yes, I hear what you are saying and I don‟t have a problem

with that at all. I mean what we have to do is weigh up the fors and

against about the whole thing. If the salmon industry wasn‟t doing us

any good in Marlborough or the country and it was just blocking up the

Sounds and there was no benefit, well, then we all wouldn‟t be here to 25

day I am sure. But the fact that it has a numerous number of benefits

and it is a matter of going through those to sort out the wood for the

trees sort of thing so as you can get the best of both worlds.

MR PLAISIER: I have only one final question, of course my question is a bit 30

reduced now but this is only just a general question again if I assume

that we are all following the procedures, the hearings as they go and we

have seen some evidence that was provided by experts. Do you think

that when we go through this whole thing that if it is proven or if it is

more available to us that the signs we see at the moment, and say that 35

there are more effects than we knew, say, a year ago from salmon

farms, do you think it can be a reason to have a better looking into it for

our tourism people or do you still have the same vision?

MR GODSIFF: Yes, again I hear what you are saying. I am not a scientist and 40

I couldn‟t comment on whether another nine farms are going to make a

huge difference or not. But I can just hark back to my 12 years of

doing the water sampling that I mentioned, and over that period of time

there was certainly no question at all about any of the testing being

negative because of the salmon involvement. Who knows? I don‟t 45

know and perhaps that might be part of the criteria that is set down, that

Page 2460

Blenheim 25.09.12

there is a monitoring programme and things have to be checked, checks

and balances.

MR PLAISIER: Well, thank you, Mr Godsiff, for your time and thank you,

your Honour, for guiding. 5

JUDGE WHITING: Thank you, Mr Plaisier, and thank you, Mr Godsiff.

Mr Don Jamison I think is next. Yes, you have filed evidence,

Mr Jamison, so you will be sworn in.

10

MR JAMISON: Thank you.

<DONALD IAN JAMISON, sworn [10.39 am]

JUDGE WHITING: Yes, now, Mr Jamison, could you just give us your full 15

name and occupation please, just for the record?

MR JAMISON: Yes, my name is Donald Ian Jamison and I am retired.

JUDGE WHITING: And you filed a brief of evidence? 20

MR JAMISON: I did.

JUDGE WHITING: And you swear that – or you confirm that what you have

said in that evidence is true and correct? 25

MR JAMISON: To the best of knowledge, yes.

JUDGE WHITING: Yes. Thank you.

30

MR JAMISON: Thank you very much Mr Chairman and members of the

Board.

Before speaking to a few points I made in my submissions I would like

to make some general introductory comments which I feel might put 35

my comments in a better perspective, or some perspective.

JUDGE WHITING: Yes, you realise of course, we have read your evidence?

MR JAMISON: Yes, I do. 40

JUDGE WHITING: Yes.

MR JAMISON: Firstly I would like to say that I am an individual submitter

and quite impartial. I have no association with any marine farming 45

Page 2461

Blenheim 25.09.12

organisation, any boating clubs, Guardians of the Sounds, Sustain our

Sounds – I am quite independent.

Probably like many other submitters I found the time available to me

between first knowing of the proposals and the closing dates for 5

submissions was quite short, in my case something like two weeks, so

it was not possible to give full consideration to the proposals. And

possibly, like other submitters, I basically ticked all the boxes opposing

the proposal which at least joined me in the process and allowed me to

give further consideration at my leisure. I then made subsequent 10

submissions which are on a (INDISTINCT 2.24) that you have, and

they were submitted on the 24th

of July.

I think anybody reading my submissions could possibly form the

opinion that I was opposed to marine farming and I would like to say 15

that nothing could be further from the truth. I think if the Board were

to ask questions of those early individuals and companies involved in

the development of the marine farming industry I feel confident they

would say that myself and the harbour board who I work for were very

supportive in having the industry develop and in many cases probably – 20

I would not say exceeded our authority, but certainly stretched the

boundaries to encourage the industry to develop.

As a private individual or as an individual submitter I have to say the

volume of the evidence from the applicants is quite overwhelming and 25

really quite difficult for an individual to absorb and consider

everything.

Just as a matter of interest, the evidence-in-chief which I received from

the applicants on a CD disc comprised of 1,983 pages of submissions. 30

The subsequent rebuttals was over 1,000 pages. You then have the

other people‟s submissions so there is an awful lot of data to try and

absorb and look at, and I would not claim for a minute that I have been

able to do that.

35

As mentioned before, it is rather an uneven playing field. At one end

of the field we have the applicants who according to the media have

spent something like $8 million or more on their application and at the

other end of the field you have people like myself who have given our

own time and the cost of having the photocopying done for the 20 40

copies required by the Board was equivalent to one days‟ pension.

I would also like to say that I am very conscious of the financial state

that the country is in and the government is borrowing millions of

dollars each week to keep the country going, and the benefits that do 45

accrue from marine farming and salmon farming. I have read with

Page 2462

Blenheim 25.09.12

interest some of the figures that have been put forward by the

applicants, whether they are correct or not I would not know, but there

is no doubt that marine farming (from the day it started) has had quite

an influence on the region. It employs a lot of people and obviously

there are benefits to the district and I guess it is the duty of the Board to 5

eventually decide whether the benefits outweigh the disadvantages.

But I am sure that the marine farming industry does produce

considerable income and benefits to the district.

[10.45 am] 10

I would also like to say that on several occasions I have had the

opportunity to visit the offices of New Zealand King Salmon and to go

through their workshops in Picton - and when I say that I have been

doing that in the capacity as a collector on daffodil day, but I have done 15

that for several years – and I have formed an opinion that they are very

professional company. I have been most impressed with what I have

seen of them. The salmon farms I have seen on the water, they seem to

be very well managed to the best that you can manage a salmon farm. I

still think they are rather under structures but if we are going to have 20

salmon farms then I would think that New Zealand King Salmon would

be as good or better than any other company if they are going to man it.

So now, having given those few introductory remarks, I would just like

to comment on one or two points within my submissions. 25

Just firstly referring to section 2 which deals with my qualifications and

experience. I could possibly have put myself forward as an expert

witness. I would like to make it quite clear to the Board that I am not

doing so, and I do that for several reasons. 30

Firstly, it is over 20 years since I had any direct involvement with the

marine farming industry. It is over 10 years since I was master of a

vessel navigating daily up and down Tory Channel. The Resource

Management Act was introduced about the time I retired from the 35

Harbour Board so I would not by any stretch of the imagination claim

to be over familiar with the Resource Management Act or its

amendments.

Similarly the maritime rules – I am well out of touch with those and 40

any subsequent amendments, and I have never seen the guidelines for

marine farming or for aquaculture which have been mentioned in some

of the submissions. So for those various reasons I am not putting

myself forward as an expert as such.

45

Page 2463

Blenheim 25.09.12

I would like to talk briefly on the planning, which I mention at section

5 of my submissions. When I made my submissions – or no, going

back to the original planning (which I set out the basis of the criteria

that we form the planning from) I didn‟t specify but obviously it is

quite correct, all those early considerations related to mussel farming 5

and not to salmon farming. Salmon farming did not exist really at the

time we were doing those early planning exercises.

Having said that, I think they provided a very good base for future

planning. They were obviously carried on under the Resource 10

Management Act by the Marlborough District Council, and the fact that

the areas adjacent to the main waterways have basically been kept clear

of marine farming is in one aspect a very good thing from my point of

view.

15

As I have mentioned, like many others I am concerned at the process

which seems to be circumventing the Marlborough District Council

planning process. As a member of Marlborough I have not taken a

great deal of interest in the industry over the years of recent years, and

a citizen of Marlborough I look to the Marlborough District Council to 20

protect my interests and those of the public generally in planning for

the Sounds.

The next point I would like to speak to is navigational safety. This was

obviously a point which the applicants had some, or there was a 25

difference of opinion perhaps between what I said and what some of

the witnesses for the applicant put forward.

[10.50 am]

30

Over the weekend I have revisited the evidence-in-chief for the

applicants related to navigation, the rebuttals, my own submissions and

reviewed my position. Firstly, I think, as I mentioned, I am quite

independent, I am quite sure that the expert witnesses for the applicants

are sincere and honest in the views they have put forward, but one can‟t 35

escape the fact that they have been engaged by the applicants to give

evidence presumably in support of their application. Not unsurprising,

nowhere in the applicant‟s evidence did I find any expert witness that

was opposed to what they were proposing, and that is not unsurprising.

40

One thing that did come to me at the weekend, I wouldn‟t say it was a

revelation but almost that, and that is that my submissions, when I re-

read them, couched with the views through the eyes of a harbourmaster

and, as my evidence states, I was harbourmaster for over 20 years

during the development of the early days of marine farming. So I then 45

Page 2464

Blenheim 25.09.12

looked at the proposals through the eyes of a master mariner travelling

daily into Picton and I find that my views are quite contradictory.

So I have to say to say that, as a personal, as an individual and master

of a vessel navigating in and out of Picton, and as a private individual 5

running my own launch, I would have no problem with any of the

proposed marine farms from a navigational point of view. I would feel

quite confident to deal with any situation that arose to avoid the salmon

farms even if they broke adrift and basically just do all the things which

Mr Walker and others suggested within their evidence. 10

So that would be my view as an individual and as a mariner but my

views through the eyes of a harbourmaster are somewhat different. In

that position you take a broader view of the whole structure, you are

more conscious of the safety and needs of the public at large generally, 15

so I have a different perspective from that point of view.

Perhaps dealing with some of the details, navigation in Tory Channel

generally with the large vessels. One of the queries has been, and one

of the points I raised, was the possibility of collision between a vessel 20

and a salmon farm, which either in location or a more likely scenario

would be where one had broken adrift and had drifted out into the

strong tidal streams of Tory Channel. As I said in my evidence I have

been impressed with the manner in which the marine farm at Clay Point

has been maintained in position. I am not aware of any suggestion of it 25

ever breaking adrift. That would be one of the farms I would be most

concern about in that if that did break adrift, with a strong ebb tide, it

could be very quickly off the end of Clay Point and if it happened to

coincide with the time of an inward bound vessel then there could be a

very short window for avoiding an undesirable collision. I admit the 30

chances of the two things happening together are not great but it is a

possibility.

With regard to the proposed new farm at Ngamahau I would have

lesser concern in that it is more visible from a greater distance, so it 35

wouldn‟t suddenly appear out of the blue around the corner in front of

an incoming vessel.

[10.55 am]

40

And when I am talking about large vessels, obviously the main ones are

the interisland vessels of the Interisland Line and the Strait Shipping

and the Bluebridge Line. But also there are a large number of large

fishing vessels that regularly go up and down Queen Charlotte Sound,

particularly during the hoki season, and I include them in those. 45

Page 2465

Blenheim 25.09.12

There was obviously a divergence of opinion about perhaps what I put

forward in my submissions. So perhaps dealing firstly with a vessel

striking a salmon farm bow on, I would agree with the comments that

were made by the applicant‟s witnesses that, in the case of a vessel with

a bulbous bow almost certainly the scenario would be that the salmon 5

farm would wrap itself around the bulbous bow and would probably

stay there.

With a non-bulbous bow it would depend on the speed of the vessel,

the angle of the bow. I was taken to task, if that is the right word, 10

saying that the vessel would ride over the top of it. What I really meant

was that in such a scenario it would be possible for the vessel to push

the salmon farm down underneath it as it proceeded over it. It is only

probably semantics but it is a possibility. I think both Mr Walker and

Mr Tear, I think it was, they both made reference to a collision 15

whereby it would be a glancing blow by a vessel on a salmon farm and

if it was to happen I think that would be the most likely scenario.

Obviously if a vessel is suddenly faced with a salmon farm in its path,

its kneejerk reaction, for want of a better word, is to sort of try and get

out of the way and, in doing so, you are more likely to strike a glancing 20

blow rather than strike the salmon farm head on.

So you then raise the question, if there was a glancing blow, what

damage is likely to be sustained and that is probably a question of

degree. If you have a sharp protuberance of metal, and there are on the 25

salmon farms, they have got the floating metal cylinders but they have

considerable steel work above it which provides for the walkways and

that sort of thing. I can only relate it to one of Strait Shipping‟s

vessels, The Kent, which several years ago, probably about four or five

years ago, was berthing in Wellington. In line with the berth was a 30

barge which had been there for quite a while, and during the berthing

operation The Kent was set down onto this barge. Unbeknown to

everybody there was a bit of steel projecting from underneath the

barge. It punctured the side of the ship in the way of the engine room.

The vessel was only sort of a hundred metres from its final resting 35

place so it managed to get into the berth but by that time the engine

room was sufficiently flooded that the vessel was out of commission

for several months whilst it was being fixed.

So that sort of thing can happen. I am not saying that the incidence is 40

very high, quite the contrary, it is probably most remote as people say.

Mr Bermingham puts forward a scenario, in effect, measuring the risk

element of farms being in those locations. I can only say that if there

were no salmon farms in Tory Channel then the risk of a collision

between a salmon farm and a vessel would be zero. 45

Page 2466

Blenheim 25.09.12

They mentioned the manoeuvrability of the modern vessel and stopping

distances are not actually mentioned, and I haven‟t been able to

establish them but, for example the Aratere, which has just had a refit

overseas, I would presume that after the extension of the vessel they

would carry out sea trials. And one of a normal procedure during the 5

sea trials is to check the stopping distance, the emergency stopping

distance of a vessel.

[11.00 am]

10

So I would be guessing, but I would think that the likes of the Aratere

and the Straitsman and the large Interisland vessels travelling at

18 knots, from the time they sort of put the engines full astern to

actually reaching a stop, would be something between I would think

800 to 1,000 metres. So, as I say, that is just my guess because I 15

haven‟t been able to find any details but that wouldn‟t be out of the

norm for, you know, a vessel travelling at its full speed and then going

astern. So four or five ships lengths would be quite a common

occurrence.

20

Mr Walker talked about bridge team management. All the interisland

ferries have well skilled staff on board, highly skilled staff. Bridge

team management has been around for many years but of recent years it

has become more formalised. Unfortunately, I mean most countries in

the world are signatories to the IMO, the International Maritime 25

Organisation, and its regulations which New Zealand is a signatory to

and things like bridge team management and other maritime rules stem

from there but despite that, with the best will in the world, we

unfortunately still have accidents around the world,. I wouldn‟t say on

a daily basis but very regularly. And the accidents are usually a 30

combination of mechanical failure, human failure or perhaps a mixture

of both. So, in other words, what I am saying is with the best will in

the world things still happen.

Again, just to put a little bit of balance to it, firstly my having served as 35

– even when I was harbourmaster and later when I was master with

Strait Shipping, the very nature of the repetitive nature of navigating on

the same route day after day can lead to complacency and people need

to be vigilant of that. And, obviously, if there is some complacency

then things can happen and the reaction can be a little bit slower than 40

you would expect.

With the large fishing vessels that go up and down Tory Channel, I am

thinking particularly of the hoki vessels, they work long hours. Their

main purpose is catching as much fish as they can so I wouldn‟t be 45

surprised if there is some element of tiredness amongst the crews in

Page 2467

Blenheim 25.09.12

that situation, which again can reduce the objectivity and keenness of

their navigation.

So these are all things that have a bearing on a possible accident. The

masters themselves, I noticed that Dave Walker said he had consulted 5

widely with his peers. My experience as harbourmaster was that if I

wanted 12 different answers I would pose one question to the masters

on the rail ferries and they all had a different opinion.

JUDGE WHITING: They are like economists. 10

MR JAMISON: But, and having said that, and to just elaborate on that,

because I think it does have bearing on it. In those days, and I doubt

that it has changed, the training of the masters basically was almost by

rote. So, obviously, they were understudying the existing masters and 15

eventually become masters themselves. I used to say they almost ran

on railway tracks because when they got to point A they changed

course and did so and so to take them to point B and then they would

tell the quartermaster to aim for the V in the hills, and they had all their

different little navigational points. When they arrived in Picton Harbour 20

they knew they reduced to a certain speed at Mabel Island, when the

freezing works came into view they stopped the port engine and gave

20 degrees of helm, and they had all these marks which, in its way, is

not bad because they basically stuck to the track and when they arrived

in Picton Harbour they normally turned quite effectively and were lined 25

up properly for their berth.

[11.05 am]

But what I did find was, and it varied considerably, the adaptability of 30

the masters to a change. Once they arrived in Picton Harbour if you

suddenly said, “You are not going to your berth, you know, it is not

operational, we want you to go to Waitohi Wharf”. To some of them it

would be no problem at all, they would just vary their approach and to

others it became quite a problem because it was outside what they 35

normally did. And that used to be evidenced particularly on a Saturday

when you had yachting in Picton Harbour and they tried to organise the

yachting not to interfere with the interisland operations, Bluebridge

wasn‟t in operation at that time, and the yachting got in the way some

times, it was unavoidable, which they are not supposed to do of course. 40

But some of the masters it was no problem at all they could just assess

the situation and change their approach, slow down, do whatever was

necessary without any great hassles. Other masters almost seemed

incapable or unwilling to, they wanted to go on the track they always 45

go on and it could get quite dramatic at times. So I just mention those

Page 2468

Blenheim 25.09.12

facts that nothing is set in concrete and everybody does the best they

can but accidents can happen.

And, obviously, if something happens in Tory Channel with the strong

tides then the effects can be greater than other areas in the Sounds 5

where the tides are less strong.

JUDGE WHITING: Now, Mr Jamison, have you got much more to elucidate

on?

10

MR JAMISON: No, I haven‟t, no.

JUDGE WHITING: Because we will take the morning tea adjournment if you

have and remember, of course, we have read your evidence and if you

could keep your points that you want to elaborate on relatively brief we 15

would appreciate it.

MR JAMISON: No, I think I have covered. Yes, I think I agree the risk of

collision is low, it is a possibility and needs to be guarded against but

from a navigational point of view I think it is low. I haven‟t mentioned 20

recreational craft but has been mentioned in other evidence, the level of

skills of people driving recreational craft varies considerably. A lot of

them are very good, some of them are very bad and it covers the whole

spectrum and that can increase the danger, for whatever reason, of a

vessel running into a salmon farm or a mussel farm. There is no doubt 25

that a collision between a salmon farm and a small craft at speed would

have much more drastic consequences than a collision between a

recreational vessel and a mussel farm.

I would just like to reemphasise my concern, in section 7 I talk about 30

performance bonds. I don‟t think I need to, I set it out fairly clearly

there that according to my rough calculations there is something like,

and it is obviously not a subject of this hearing, but there is something

like 200,000 plastic mussel floats in the Marlborough Sounds, and then

you have all the salmon farming cages and paraphernalia. If, for any 35

reason, one of those industries was to collapse, and I saw in

somebody‟s evidence from the submitters the financial situation where

they had a problem and it almost sort of put the company into

liquidation. So if any of those things occurred I would be very

concerned that we would end up with a lot of structures in the water 40

which nobody wanted to own and had gone bankrupt and walk away.

And, as I understand at the moment, there is nothing put in place to

provide for their removal and it would fall on the ratepayers of

Marlborough probably to have that done.

45

Page 2469

Blenheim 25.09.12

So to summarise very briefly, and again I am putting my

harbourmaster‟s hat on now, I look at the broader issue and the public

issue. I have no objection to the salmon farm in Port Gore and indeed I

think, from my point of view, they could have more up there. The

reason being that it is remote, you get very few vessels in the area so 5

from a navigational and visual point of view I don‟t see a problem and I

wouldn‟t have any objection if there was a large section of salmon

farms in the middle of Cloudy Bay or somewhere like that where,

again, where it is remote and doesn‟t impinge on the public use of the

area as much. 10

[11.10 am]

The one at Ngamahau I agree the risk of it carrying away, based on

what has been achieved at the other farms, is probably not great but I 15

do think it is not a good idea to have a salmon farm alongside a main

navigation route as that is. Similarly, the salmon farms at Ruaomoko

and Kaitapeha, I am opposed to those both from a navigation and

individual point of view. And also the salmon farms in the Waitata

Reach I am opposed to those other than perhaps Richmond which tucks 20

into the bay a bit and is a bit out of the way. The other farms they are

well offshore, something like 3 to 400 metres offshore. I don‟t think

navigationally or visually or environmentally that is a good idea.

And I think I would like to say that, in my opinion, salmon farming is a 25

privilege rather than a right although obviously it becomes your right

when somebody gains a licence. It is not like somebody applying to

carry out what used to be a specified departure and do something on his

own land which doesn‟t meet with the local plan. It is an applicant

who wants to carry out his own activity on areas of public water and so, 30

in my view, if there is to be a balance between the commercial use and

the public use then the pendulum should be weighted in favour of the

public. I think marine farming, or admittedly mostly mussel farming,

already occupies a substantial area of the Sounds. Some people would

say more than they should. I think it is fine but I do question just how 35

much farming there should be in the Sounds. I would have to admit, if

you wanted to, you could have wall to wall farming with navigational

channels and it would still work, there would be more incidents, but it

is just a question whether enough is enough and balancing and I don‟t

envy the Board the job of assessing all the data before them and 40

coming up with a balanced decision. Thank you very much.

JUDGE WHITING: Yes, thank you for that. We will adjourn for morning tea

now and you will have to go back into the witness stand in case there is

some questions for you. 45

Page 2470

Blenheim 25.09.12

MR JAMISON: Thank you.

ADJOURNED [11.12 am]

RESUMED [11.35 am] 5

JUDGE WHITING: Yes, Mr Nolan, have you any questions of this witness?

<CROSS-EXAMINATION BY MR NOLAN [11.35 am]

10

MR NOLAN: Mr Jamison, just in the light of your helpful clarification you

provided with your evidence today, and accepting that as you‟ve

explained to the Board you‟re really giving evidence as a retired former

master mariner, rather than a current day harbour master, I was just

going to follow up one matter that you haven‟t mentioned, and this just 15

really relates to the mooring systems and your concern over a possible

breaking away of a salmon farm, and I think you‟re clear, aren‟t you,

from you‟ve read, that it was Mr Gary Teear, the design engineer, who

explained to the Board in his evidence that after a farm had broken

away in 2006 the systems were fully investigated and changed so that 20

the current proposal is based on modern designs and new procedures,

and I think you are aware of that, aren‟t you?

MR JAMISON: I am, yes.

25

MR NOLAN: That is right. I appreciate you are not an expert in mooring

designs but can I just refer you briefly to the conditions of consent and

we will just make a set available to you and put them on the screen for

the Board, and if you could turn to 28, condition 28, it is on page 5, you

can see the page numbers on the bottom of the page. 30

MR JAMISON: Yes, I have got that.

MR NOLAN: Yes, and I think it might be on the screen for the Board. I am

just making sure, you have already seen these, that condition 28 is 35

dealing with the design of the mooring systems and you will see there

in the first couple of lines it has got to be designed by a suitably

qualified and experienced professional engineer with appropriate peer

review, do you see that?

40

MR JAMISON: I do, yes.

MR NOLAN: Good, and on 28 they have to then go, those reports and plans

and have to go to the Council. In 29, during the actual installation there

have to be test pull out loadings and so on, and through an engineering 45

feasibility report, do you see that?

Page 2471

Blenheim 25.09.12

MR JAMISON: Yes, I do.

MR NOLAN: And then 30, there is monitoring of the anchoring and warp

system, and that has to be put in place between your actual mooring 5

loads and monitoring, in the last sentence, “If the monitoring shows

that design loadings have been exceeded the causes have to be

investigated”, do you see that?

MR JAMISON: I do, yes. 10

MR NOLAN: And similar 31, 32 is also dealing with the mooring and the

loads and the maintenance, and then in, I am just going to take you

down to in particular 36, “Following the exercise for this consent

ensure notice alerting mariners to the presence of the farms” and then 15

37, “The farms at Ngamahau, Ruaomoko and Kaitapeha shall be fitted

with a GPS high position monitoring system or other similar equipment

approved by the harbourmaster with associated alarm and notification

system set up to detect unusual and unplanned movements of the farm”

so the salmon farms will have that on them. 20

MR JAMISON: I see that, yes.

MR NOLAN: And also then, for those same farms, in 38, “A contingency plan

shall be developed and implemented to deal with the circumstances 25

where an earthquake occurs or a tsunami warning or…”, and this is the

top of page 7, “… a farm or part of a farm comes loose of its moorings

and that plan is to prepared in consultation with the harbourmaster and

a plan shall include an immediate broadcast on channel 19 to alert

ferries in the vicinity, notification to the harbourmaster…” and so on 30

there.

Do you agree that there is quite a suite of detailed conditions now that

is proposed as part of this application?

[11.40 am] 35

MR JAMISON: Absolutely, and I read in some detail the mooring provisions

and the screwless, shankless anchors and those sort of things, so, they

have obviously been very thorough in trying to avoid a salmon farm

dragging its moorings. 40

MR NOLAN: Good, and just in terms of those conditions we have just been

through there, as a former master mariner, and dealing with mooring

systems and particularly the requirement to track the salmon farm

through GPS, and also to have a notification on channel 19 if anything 45

Page 2472

Blenheim 25.09.12

is amiss, is there anything else that you think hasn‟t been dealt with

there on the face of it?

MR JAMISON: No, I think they have done all they can in the circumstances.

5

MR NOLAN: Thank you, no further questions.

JUDGE WHITING: Thank you, Mr Nolan. Mr Farnsworth.

MR FARNSWORTH: No, thank you, your Honour. 10

JUDGE WHITING: Commission Beaumont.

COMMISSIONER BEAUMONT: No questions, thank you.

15

MR ELLISON: No questions.

JUDGE WHITING: And I have no questions, thank you very much,

Mr Jamison, thank you for your assistance.

20

MR JAMISON: Thank you.

<THE WITNESS WITHDREW [11.41 am]

JUDGE WHITING: I think the next submitter is Mr Jerram, I‟m sorry, 25

Mrs Jerram, sorry the word Ally, I wasn‟t sure whether it was, Ms, Mr,

or Miss, but I am sorry about that.

MS JERRAM: That‟s quite all right. Can I have that first slide up, thank you?

Good morning, my name is Ally Jerram, and I‟m speaking on my own 30

behalf.

I have lived in Marlborough for 33 years and we have raised our three

children here. I have a Bachelor of Agricultural Science Degree from

Lincoln majoring in farm management, and I have taught science and 35

senior biology at Marlborough Girls College for the last 25 years. I

have also managed the financial side of a busy veterinary practice for

five of those 33 years. In 2002 I was awarded a teacher – a Royal

Society of New Zealand Teacher Fellowship, and spent a year out of

the classroom working as a freshwater ecologist and as an 40

environmental educator. Thus, my perspective is that of a biologist,

experienced in primary production systems, educated in environmental

sustainability and a longstanding member of the Marlborough

community.

45

Page 2473

Blenheim 25.09.12

My submission makes three points which are on your screen. The

natural character of the Sounds and its outstanding features and

landscapes and the community appreciation of these, the importance of

the defence of the community plan by the Council, and the effective

disenfranchisement of the community if the prohibited zone is 5

compromised, and thirdly, sustainability concerns. Thank you.

In reference to the natural character and importance to the community

of the Sounds, the Marlborough Sounds are an amazing area of natural

character and outstanding landscapes. They are a unique place, they 10

are a unique piece of geography in New Zealand and possibly in the

southern hemisphere. While there are fiords in Chile and in Fiordland,

they are cold and inaccessible. Our Sounds are accessible. They are

accessible to all, and we are fortunate to have this piece of great beauty

and serenity on our doorsteps. I have spent many days and weeks in 15

the unspoiled tranquillity of the Sounds and enjoying its bounty.

Generations of Marlburians grow up secure in the knowledge that they

will bring their children back to this wonderful place.

When we look out over the myriad bays and reaches, we don‟t see them 20

as an underutilised resource with dollar signs on every cove and inlet.

That‟s the difference between non local business and our community.

Salmon farms do not enhance this natural beauty and are an affront to

the eye in such a place.

25

One definition of sustainable development is development that meets

the needs of the present without compromising the ability of future

generations to meet their needs. Future generations will have no lesser

need to relax and enjoy the relatively untouched serenity of this unique

place that is our Marlborough Sounds. 30

[11.45 am]

There have been suggestions that the Marlborough Sounds is elite and

accessible only by the rich. Naturally, such a diverse in tranquil 35

environment attracts wealthy people, no less than people with lesser

incomes and naturally, there are areas of rather expensive real estate

that we couldn‟t afford. However, you have only to look at the

submitters who have willingly given their time often at considerable

personal cost, so that they can stand before you and talk about their 40

Sounds. We are not the elite and wealthy.

I have used the word „unique‟ in several places in my description. Yes,

I do understand the absolute nature of the word, and I use it

intentionally. There is only one Marlborough Sounds. 45

Page 2474

Blenheim 25.09.12

On the defence of our prohibited zone. Every developed country in the

world is now adopting policy that recognises that long term economic

growth relies entirely on protecting and enhancing the environmental

resources that underpin in. The Marlborough District Council has, after

years of consultation with the community, designated areas in the 5

Sounds to be areas in which marine farming is prohibited. The reasons

for this are clearly to maintain the special nature of the Sounds and to

protect the environment.

Before this plan was set in place in 1998, there was ad hoc 10

development in the Sounds, and so there are already areas with altered

landscapes. These have been used to justify the proposed salmon farms

by arguing that the landscape is already thoroughly modified in places.

Two wrongs don‟t make a right. This is what the Council recognised

when with great forward vision, it established the prohibited zone along 15

with the zone where marine farming is allowed under various regimes.

If King Salmon were permitted to bring about a plan change, and farm

in the prohibited zone, this will set a practical precedent for future

development in the Sounds. There will be more salmon farm 20

applications if the prohibited zone is compromised. Will the Council

have the stamina and the budget to oppose them, our community plan

will have been emasculated, and we as a community, will have been

effectively disenfranchised, as businesses with plentiful funds

determine the long term future of our Sounds. 25

The community initiatives currently exploring integrated management

systems for the Sounds will become redundant.

The sustainability concerns. Ecological sustainability is defined as a 30

capacity of ecosystems to maintain their essential functions and

processes and retain their biodiversity in full measure over the long

term. There are reservations about the sustainability of fin fish

farming. Mussels are filter feeders and are self-regulating, as their

populations are subject to the natural controls of food availability on 35

population growth and production. The amount of production depends

on the carrying capacity of the ecosystem. Salmon farms require the

addition of food grown outside the ecosystem.

The effects of wastes require the farms to be moved on a regular basis 40

because the ecosystem can‟t deal with these wastes in biogeochemical

cycles as natural ecosystems do. The carrying capacity of the system

can be wound up to whatever the company needs, and bears no relation

to the natural carrying capacity. With land based systems, rotation

occurs so that the land left ungrazed can recover and grow more food. 45

In the case of salmon farming, the rotation occurs so that the area can

Page 2475

Blenheim 25.09.12

recover from the eutrification and fouling of the seabed, a process

which takes a recommended 14 years. In agricultural farming systems,

rotation is a useful and sustainable farming tool. In a salmon farming

system, it is about fouling your nest and then abandoning it.

5

I have listened to the scientists and read the evidence and I am left with

these thoughts. The environmental performance of salmon farms is

predicted using models. There are many models to choose from, and

different scientists may use and support different models. The ability

of the models to predict performance relies on completeness validity 10

and relevance of the historical data that goes into them. There are

many variables and great potential for errors to accumulate.

[11.50 am]

15

On top of all this their biological systems, which in reality are dynamic,

interdependent, interconnected and may respond to different variables

in an entirely unpredictable way. What if they have got it wrong?

Then King Salmon will have 35 years to make an unholy mess of our

precious marine ecosystems. 20

The process of adaptive management sounds good but in reality what

sort of time lag are we looking at between detection and response? I

have heard some discomforting figures.

25

I understand that environmental models are a necessary planning tool

when a company is required to assess the environmental impacts of

development. I understand that company timeframes do not always

allow a long collection period for baseline data and thus other historical

data must be used but not necessarily relevant to the specific aspects of 30

the project.

My confidence about the use of environmental modelling used in this

case was further challenged when I read a statement from Dr Gillespie

in his evidence on day 3 - page 257, line 9 – responding to questioning 35

by Mr Heal. Mr Heal said, “So it is invalid to draw a conclusion from

the lack of evidence of information?”, Dr Gillespie responds,

“Certainly”. Mr Heal: “Do you think it is a scientific principle?”, Dr

Gillespie, “I have not heard it called a scientific principle but how can

you draw anything from nothing? I mean, that is what modellers do. 40

The trouble is it is our special place that they are making guesses about.

What if they have got it wrong?”.

In his opening address Mr Gardner-Hopkins urged the Board to pay

more attention to the expert witnesses and to give less weight to those 45

of us who had spent time working on our submissions as lay witnesses.

Page 2476

Blenheim 25.09.12

But this is our place; we are the experts in the kaitiakitanga and mauri

of the Sounds. We are the experts in the sense of place and the desire

to maintain the historic heritage. We are the experts in living here.

I am asking that all New Zealand King Salmon applications be turned 5

down. Thank you for the opportunity.

JUDGE WHITING: Yes, well thank you very much, Ms Jerram. Thank you

for taking your time to come here. I can see now where the eloquence

comes from the pupils from Marlborough Girls College. Thank you. 10

MS JERRAM: They are a great bunch, but they also spoke with their own

voices.

JUDGE WHITING: I understand that, yes. Thank you. 15

MS JERRAM: Thank you.

JUDGE WHITING: Mr Don Miller?

20

Now, Mr Miller, you have filed a statement of evidence so could you

go into the witness box please?

<DON MILLER, sworn [11.53 am]

25

MR MILLER: My name is Don Miller; I am an environmental scientist with

training in soil science, agriculture engineering and a few other things.

I have spent most of my career researching and attempting to restore

environments severely damaged by earlier economic or subsistence 30

activity. I was a research scientist with the Ministry of Works Water

and Soil Division and then DSIR Land Resources for 20 years, and

spent about another 15 years as a self-employed consultant and at times

a volunteer. I also worked for three years with the Gisborne District

Council reviewing geotechnical reports submitted for building and 35

subdivision consents. I also lectured earth science and environmental

science papers for Waikato University degree courses for 10 years. I

have worked on environmental and educational projects in seven

countries and studied environmental issues in a further seven.

40

[11.55 am]

I have sympathy for all the parties represented here but in particular the

Board of Inquiry as I have been a commissioner on several consent

hearings myself but never one lasting for more than a week. With you 45

Page 2477

Blenheim 25.09.12

in mind I will try and take a somewhat light hearted approach to a very

serious subject.

I also appreciate the efforts King Salmon have gone to in creating a

product I personally enjoy eating, and I wish to have on-going access to 5

this delicacy.

I understand the position of the various consultants I have heard over

the last weeks. I was a self-employed geotechnical consultant for 10

years and I know how hard it can be to maintain the confidence of 10

one‟s clients.

Finally, as a submitter against the expansion of salmon farming, I

understand some of the angst the other submitters feel. While I will not

be directly affected if the expansion does go ahead my significant 15

experience as a professional at the bottom of the environmental cliff

has motivated me to speak out. I know from my own experience how

sometimes development can create unforeseen results but I have no

other axe to grind.

20

I have listened to the early sessions on the water column and while I

heard the arguments and counter arguments I have not changed my

view as expressed in my original submission.

A large expansion such as has been applied for is taking an 25

unacceptably high risk of damaging not only the existing salmon

industry but also the mussel industry and the environment at large.

I will quickly run through the key points of that submission now, but I

will restrict it to just one paragraph. 30

Basically the Cawthron Report omits comment on a major topic, and

that is the impact of ocean warming due to climate change, and it

glosses over a number of other connected issues. In this way a

potential threat to the viability of the mussel industry and the existing 35

salmon industry has effectively been ignored.

The Board has a copy of this, I will not go through it again, but I finish

by saying the golden goose of aquaculture has done rather well so far.

Maybe New Zealand should be happy with the eggs it already benefits 40

from.

Now, going through listening to the comments from the experts over

the last weeks the word “uncertain” has been contained in several

consultants‟ reports but it seems to me there is no room for uncertainty. 45

Page 2478

Blenheim 25.09.12

The phrase, “All models are wrong but some might be useful” also has

a resonance with me.

But the thing that troubles me most is the event that killed large

numbers of salmon in Pelorus Sound and has been described as, “A 5

population of algal species in numbers sufficient to irritate fish to

death”. It sounds much like a harmful algal bloom to my way of

thinking.

Now, if I review the evidence from the past weeks any further I feel I 10

will be trespassing into the field of the Board, but it is tempting to do

so. Instead I will present a few slides to illustrate my past experiences

of disasters and why these experiences make me feel very, very

uncomfortable about a large scale expansion of fin fish aquaculture in

the Marlborough Sounds. So these are some of the experiences that 15

have influenced my thinking and why I consider the precautionary

approach to be very essential.

The only law I am really familiar with is the law according to Murphy.

This was work I have spent almost 20 years involved with in Vanuatu, 20

all due to thoughtless use of the environment in the past and it is a

major, major problem, and this is where I first became involved with

marine science because my role was protecting the coral reefs from

sediment damage. While I have developed a technique of doing that, it

is still a major problem through the Pacific. 25

[12.00 pm]

I also spent time in Vietnam. Now unfortunately, everything has been

stretched a little sideways here. Eisenhower was the first to talk about 30

the domino theory in South-East Asia. Well, this was the real domino

theory. There were four buildings here, four multi storey buildings that

were very narrow, and those are the tilted floor slabs you can see. One

fell over, it hit the next one and the next and that took out the fourth, so

by not getting it right, things did go very wrong. 35

But New Zealand hasn‟t done much better. Despite our geotechnical

experience and the use of the RMA, the subdivision at Bexley became

a total disaster in 2010 and 2011. Much of my time has been spent in

the Gisborne, East Coast area. When making major changes to an 40

ecological system, it is what you don‟t know, you don‟t know, that

causes the problems. Now, I think Donald Rumsfeld may have first

mentioned that statement, „It‟s what you don‟t know, you don‟t know.‟

Erosion was a known problem around Gisborne, but Cyclone Bola was 45

unexpected and certainly came into the realm of an unknown. The

Page 2479

Blenheim 25.09.12

damage had to be experienced to be believed. I worked in Burma on an

FAO UNDB water supply project. I was brought in to revegetate a

catchment, to stop this lake filling up with sediment. The pipeline to

the lake was almost completed, it was going to supply water to five

villages and about six thousand people. After a little while I found that 5

the plants wouldn‟t grow because the catchment was composed of lead

ore and the water was toxic, but I will never get work with UNDP FAO

again. I gave them the answer they did not want.

The Cook Islands pineapple industry was set up in the sixties, I believe, 10

by someone that realised pineapple would grow on these soils. They

are acid, pH of about 4.5 if you‟re lucky, but the soil properties had not

been considered and they are highly erodible and massive volumes of

soil have been lost quite irretrievably, and outbreaks of ciguatera fish

poisoning. 15

We will go closer to home again, the Tarndale slip in Mangatu Forest.

I am not sure if any of you have been there, it is world famous among

certain disciplines. It has been actively spewing sediment out for at

least the last 80 years. Once upon a time a horse could jump over this 20

creek. Now that photo was taken almost 50 years ago, it hasn‟t got any

better. And this was the result of great pressure to clear the land in the

1890‟s, 1900‟s, when wool was 50 percent of New Zealand‟s exports,

and in cases like this photo, the forest was just burnt, the timber wasn‟t

even felled and much of that has now been planted in pinus radiata. 25

But the unknown unknown of forest removal and what created this

Tarndale slip, was a bacteria, thiobacillus ferrooxidans, and it dissolves

a component of the rock, creates sulphuric acid which dissolves the rest

of the rock and you have an irreversible problem, and it would seem

that the forest litter was releasing a natural antibiotic that controlled the 30

bacteria, but we have not been able to prove that yet. But that is an

example of an unknown no-one could have thought of.

Now humans have been practising pastoral agriculture for roughly

10,000 years, and yet in New Zealand, disastrous impacts have still 35

occurred despite all of that prior experience. The sea cage method of

salmon aquaculture has been practised for only 50 years, and how

many unknown unknowns might Murphy yet find.

I think you have only got to read the cover of the latest Listener to see 40

that even conservative journals like that are now recognising that

climate change is a major issue and its impacts have now entered

unchartered waters.

[12.05 pm] 45

Page 2480

Blenheim 25.09.12

The IPCC has consistently underestimated the future impacts, and yet

people like to assume that they are the maximum. So Murphy might

yet speak. Thank you.

JUDGE WHITING: Yes, thank you very much, Mr Miller. Has a copy of this 5

been provided for the record.

MR MILLER: You may retain the one that is on that data stick.

<THE WITNESS WITHDREW [12.06 pm] 10

JUDGE WHITING: Yes, thank you for that. Thank you for the giving of

your time for coming here, we do appreciate it.

Mr Richard Ken and Karenne Ham. 15

MR K HAM: Ladies and gentlemen, members of the Board, for very obvious

reasons I have called for some assistance here today.

Just to introduce myself and ourselves, my name is Ken Ham, I am a 20

local businessman born and bred in Marlborough. As a family we are

boat and property owners in the Queen Charlotte Sound. I have got to

say at the outset, that it doesn‟t give me a great deal of pleasure to do

what I am about to do as a human being, the process at large and

King Salmon in particular, have successfully made me feel far less than 25

equal. I think that is an unfortunate situation, it is not one which I

enjoy and so for that reason, I have been forced to entrust our family‟s

deep concerns on this matter to our older son, Richard, and so I would

introduce him at that stage.

30

MR R HAM: Good morning. Obviously, my name is Richard Ham. So we

are Marlborough residents and bach owners who work, play and relax

in this beautiful and nationally significant area. We are not inherently

against aquaculture, however, we also recognise that this is a unique

environment of national significance, and that it should be preserved 35

and improved for future generations to enjoy the way that we do now.

And it is our view that this application can only have a negative effect

on this.

The Queen Charlotte has seen a gradual change of use over the last 40

100 years away from industrial uses such as farming and forestry,

towards more tourism and recreation with generally increasing

landscape natural character and visual amenity values as a direct result.

Currently it is the least developed of any of the Marlborough Sounds

and we believe that it should be left as pristine as possible and that it is 45

fair and reasonable to allow what remains unspoilt of that one Sound to

Page 2481

Blenheim 25.09.12

be left alone to be used for recreation, tourism and any other activities

that do not wish industrial intrusion while aquaculture is permitted

within the relevant zones in the other Sounds.

Put simply, we do not wish for the Queen Charlotte to look like parts of 5

the Pelorus or Port Underwood do now. In some areas of those

Sounds, there is great difficulty in accessing from the shore for the

sheer number of marine farms. King Salmon are quite correct that the

Marlborough Sounds are not currently pristine or perfect, even in the

Queen Charlotte. But two wrongs do not make a right, and it certainly 10

does not mean that we should simply give up. We need aspirations, we

need to move forward, we can make this area better and repair some of

our previous generation‟s damage and this work has already started.

[12.10 pm] 15

Many fantastic hardworking individuals and organisations spend a

great deal of their spare time and energies into making this area better.

From pine tree eradication, possum trapping, nature sanctuaries, native

bird research and breeding programs, dedicated people through their 20

own altruism, are working to improve this area.

This same community was part of the planning processes that resulted

in the Marlborough Sounds Resource Management Plan. Vast amounts

of consultation that resulted in a constantly evolving document that is 25

acceptable to most. This applicant now seeks to change that document

solely for their own benefit. I would suggest that not only is this a

giant leap backwards for this area‟s environment, but to do so while

saying that as there is already industry here, that this is not work

protecting or not worth improving, is a huge kick in the teeth for those 30

people who are working very hard to do just that.

No matter how carefully a national body tries to evaluate what is best

for a community, surely they cannot have the level investment in it that

the local Council does. Their continued employment depends on 35

accurately making those decisions on a regular basis. An outside group,

no matter how good, will at some stage need to go home leaving that

community with the results of its decision.

This decision should be being made in a holistic context allowing the 40

public the opportunity to view marine farming as a whole, rather than

the ad hoc and limited manner that is solely for the benefit of the

applicant. At some stage we will reach a point that we cannot accept

any more farms. We may have already reached that point. There must

be some facility to say „enough‟, that is it, this is where we draw the 45

Page 2482

Blenheim 25.09.12

line. If our own area management plan does not have that power, then

what does.

To look upon this attack on the integrity of our own plan and suggest

that this will not provoke a flood of similar applications, is naive in the 5

extreme. Should this application succeed, then it must surely make the

path for those following both easier and cheaper. The gold rush and

land grab like atmosphere that was a feature of those early mussel

farming applications, is well within living memory, and I am only 34.

10

We find the suggestion that the proposed farms will contribute to

industrial tourism highly unlikely. Currently there is a very large

number of tourists passing through the Queen Charlotte on cruises to

stay in resorts or to walk the Queen Charlotte track. These are not

people who have come to see salmon farms, and it is more than likely 15

that the presence of the farms will detract from the landscape values

that persuaded them here in the first place. Should visitors wish to

engage in industrial tourism, then there are already options within the

Pelorus or at Ruakaka.

20

Thus far, New Zealand King Salmon has refused all requests for access

on to farms for such tours as evidenced by the fact that none exist. This

situation is unlikely to change by the presence of more farms. Indeed,

we find the arguments that King Salmon is unable to get the tourists in

while keeping the seals out, is unlikely to be true, afterall, they get their 25

staff on and off the farms every day.

We believe that increasing the industrialisation of the Sounds is only

likely to have a negative impact on tourism, a sector that employs many

hundreds or thousands of local people of which I am one. 30

I do not claim to be an expert on water quality, but it does seem to be a

particular anomaly that the residents, bach, and resort owners within

the Sounds, have to install, frequently at great expense, systems for

disposing of their sewage and grey water to ensure that absolutely no 35

effluent reaches the sea. Presumably, this is prevent harm to the

environment or people. Yet the farms are allowed to release a far

greater quantity of faeces into the Sound with no attempt at

containment or mitigation whatsoever. This seems, at the very least,

unfair and quite possibly dangerous and can only have a negative 40

effect.

It must surely be self-evident that there can be no possible positive

gains from releasing a very large quantity of faeces into the Sound.

45

Page 2483

Blenheim 25.09.12

As Mr Pinder mentioned the other day, dilution is not a solution.

Between us we know of a very large number of local people, intelligent

and dedicated people, who have felt unable to make an effective

submission to this case, as they have been drowned by the vast

quantities of paper coming out of it. If this has not been a deliberate 5

campaign to overwhelm the lay submitter, it has certainly felt like it.

[12.15 pm]

For those of us who do not do this for a living, keeping informed on 10

this case whilst holding down a job and maintaining any kind of private

life has simply been impossible.

Throughout this case we have seen people drop out as it became

difficult to keep up. Even right from the start when we were asked to 15

read a bible‟s worth of paper and respond within two months –

actually, I had a look at my bible before I left this morning; it has only

got 1,074 pages.

In conclusion, I believe that this proposal is harmful to the continued 20

use of the Marlborough Sounds area. There will always be new ways

to take from this area to make money for someone whilst removing

access here or doing some damage to the environment there.

We would like to be able to hand over this area to future generations in 25

its current state or better and we have a duty of care to do so, so that

they may also be able to enjoy the raft of activities, space and

landscape that we do.

I believe that we should look to preserve the status quo or improve and 30

that the current proposal seeks the exact opposite. Thank you.

JUDGE WHITING: Yes, well thank you, Richard. Thank you very much for

presenting your submission on behalf of your family and thank you all

for coming here today. 35

Ms Barbara Jurgensen? Yes, Ms Jurgensen, if you just give us a

moment we will get your submission delivered. Yes. Welcome to this

inquiry.

40

MS JURGENSEN: Thank you.

My name is Barbara Jurgensen. I came to Marlborough nearly 60 years

ago and for the last 27 years have lived at Havelock therefore I have a

strong interest in the Marlborough Sounds. 45

Page 2484

Blenheim 25.09.12

The district council spent 35 years to research, consult and formulate

plans to protect the natural appearance and beauty of the Queen

Charlotte Sound. The district plan was developed to safeguard a

balance between commerce and the unspoilt charm of the Sounds.

Zone 1 is designed to protect the natural beauty by prohibiting marine 5

farming within it, while zone 2 allows for marine farms with the

appropriate consents.

Marine farming has been like a gold rush. Other than consent

processing fees companies do not have to buy the site, they get it for 10

nothing. Immediately it is of considerable worth – they can lease it,

farm it or sell it, and they do not pay rates. I understand licenses as

controlled activities such as King Salmon is applying for will give them

35 year tenure with ability to renew for another 35 years. I have since

learned that ability to renew is being looked at again. 15

During that time it would be the duty of the council to check water

purity and other problems as they arise, such as increased pollution,

noise or loss of access. Such expense is paid for by the rates of the

general public. We are told salmon farming will create money for the 20

area but what of the resulting lost money from ruined tourist

opportunities which will come without damaging the Sounds.

There are 570 marine farms in the Marlborough Sounds. Now King

Salmon wishes to invade the prohibited zone wanting the entire Sounds 25

for commerce. As this is the first case to be considered through the

Environmental Protection Authority process it is if on enormous

significance.

This application is not just about nine salmon farms, a legal precedent 30

would be set if the application for more farming in a prohibited zone is

granted, and because of the precedent set a flood of subsequent

applications would also be likely to be successful.

[12.20 pm] 35

The Cawthron Institute says research in New Zealand and overseas has

shown feed and faeces from fish farms can transform well aerated and

species rich soft sediments under cages into oxygen depleted zones

dominated by a limited species or devoid of life. Fish farming has 40

failed in areas of the Marlborough Sounds and if a farm is removed it

takes up to 10 years for the seabed below to fully recover.

Over the years the Sounds have been subjected to run off from farming

and forestry. Now when new rules protect our streams and rivers from 45

dairy run off it is incomprehensible that an extension of marine farming

Page 2485

Blenheim 25.09.12

where nutrients flow directly into the enclosed waters of the Sounds

should even be considered.

Cawthron Institutes says the waste nitrogen products from fish farms

can be detected up to two kilometres away at high flow sites but waste 5

can also deposit in places such as blind bays with no current flow.

Enrichment by these nutrients has led to a loss of biodiversity where

sea grass and many macrophyte species are replaced by algae. Over

recent years toxic algal blooms have become more frequent.

10

An ecologist who lives at French Pass, Mr Schuckard, has calculated

that King Salmon‟s production target of 30,000 tonne of salmon would

release 3,000 tonne of nitrogen waste into the sea each year, equivalent

to sewerage from half a million people.

15

King Salmon‟s chief executive, Mr Rosewarne, has not disagreed with

these figures. They are pointing out that fish faeces do not contain

human diseases.

I would just like to enlarge on that matter for a while – earlier this 20

month (after years of consultant, hearings, mediation and litigation) the

Manawatu Wanganui area has won the right to control the impact of

farm pollution on their rivers and lakes. In spite of angry protests from

Fonterra and Federated Farmers the Council‟s plan sets rigid limits on

the volume of nutrients allowed to leach from the soil into the 25

waterways.

Recently also our Council has spoken out against the few remaining

dairy farms in the Rai catchment where nutrients are still leaching into

waterways. Therefore it seems completely illogical that at a time when 30

tough new regulations are coming in elsewhere and efforts are moving

forward to ensure the water from the Rai and Pelorus Rivers is clean

when it enters the Sounds we are now being asked to allow a large

amount of nitrogen waste to be deliberately and continuously released

into the water of our beautiful Marlborough Sounds. 35

There is no effective monitoring of the Sounds. We know there are

nursery habitats for fish, kelp mussels, kelp forests, mussel beds and

bryozoa et cetera but there is no monitoring of the effect of human

impact. Scientists have estimated that 40 percent of plankton has been 40

lost in recent years and there has been a 70 percent loss in fish

populations.

From this Mr Rosewarne deduces (and I quote) that “The Sounds likely

once contained tens of million more fish than today which is why a few 45

million salmon are not causing any problems.” Does he imagine an

Page 2486

Blenheim 25.09.12

empty vacuum waiting to be filled? No, this loss will be the result of

harmful changes which have already taken place in the Sounds and

have reduced the fish population.

The New Zealand Coastal Policy says we are faced with a decline in 5

species, habitats and ecosystems as well as a loss of wild and scenic

areas of coast. The policy calls on us to protect indigenous diversity in

the coastal environment and preserve natural character. Therefore King

Salmon‟s application is against the National Coastal Policy as well as

the district Council‟s plan. 10

The Marlborough Sounds are unique and of enormous significance to

Marlborough and New Zealand. They must be protected and therefore

I ask the authority to refuse this application. Thank you.

15

[12.25 pm]

JUDGE WHITING: Yes, well thank you very much Ms Jurgensen, thank you

very much for your assistance, and we do appreciate you coming and

making the effort to be here. And the next one is Ms June Harney. 20

Now Ms Harney you have filed a brief of evidence, so do you wish to

be sworn?

MS HARNEY: Do I have to? 25

JUDGE WHITING: You don‟t have to but - - -

MS HARNEY: I don‟t mind.

30

JUDGE WHITING: It‟s up to you.

MS HARNEY: Okay.

JUDGE WHITING: Okay. 35

<JUNE HARNEY, sworn [12.27 pm]

MS HARNEY: My name is June Harney and I‟m presenting my submission

opposing New Zealand King Salmon‟s plan change request and 40

resource consent applications. I oppose their requested applications on

the grounds that if granted they would adversely affect the

Marlborough Sounds outstanding natural landscape and the culturally

landscape heritage. I am dealing mainly with Pelorus Sound Te Hoiere

because that‟s the Sound I know intimately, and the area where they 45

Page 2487

Blenheim 25.09.12

want to put these salmon farms, and I would oppose the Queen

Charlotte but I don‟t know them so well.

I reside in Christchurch with my family and we have a holiday home in

Duncan Bay, Tennyson Inlet for approximately 30 years, although my 5

partner Greg Harney has been visiting the Sounds for 50 years. With

my family I have extensively explored Tennyson Inlet in the outer

Pelorus Sounds. We own a small five metre runabout and we tend to

predominantly follow the wandering intricate coastline, crossing

reaches only when the weather and sea are calm. 10

Nearly all my life I have been interested in geology and over the years I

have studied the geology of the Marlborough Sounds and the history of

human sediment. Both are closely linked. I have collected many books

relating to the area and now have a comprehensive collection. I wish to 15

acknowledge and thank the many sources I have used, I am indebted to

them for their knowledge. I have endeavoured to identify landforms as

well as rock mythology. I have studied the history of the Pelorus Sound

human sediment and the use of localised rocks and waterways. Most of

all I have, with my family, experienced the most wonderful place in the 20

world. A place of contrast, beauty, colour, volatility, surreanous, a

place where you truly feel alive. The amazing Marlborough Sounds, the

amazing Pelorus, Te Hoiere.

The Sounds are a habitat of complex inter relationships. The natural 25

elements interconnect and relate to and influence each other, shaping

and forming this unique environment. The following are examples.

[12.30 pm]

30

The geological landscape of hills and mountains shape the winds force

and direction. Every bay and headland receives a different aspect of a

north-west wind. Western bays remain sheltered while the eastern side

bears the brunt of the wind. The sea channels rise up tormented and

turbulent while little western bays remain tranquil. Everyone on the 35

sea is familiar with Tawhitinui Reach and Apuau Channel when the

winds come up. From pool like calm to churning water within half an

hour.

One can be sheltered, come round a headland, cross a bay like Elaine 40

only to be strongly buffeted and then continue into calm on the other

side. This applies to other winds too. You can come out of the calm of

Duncan Bay to be hit by the southerly wind going across

Ngawhakawhiti Bay. You see few yachts under sail in the Sounds as

wind bounce off opposing hills to create crosswinds. 45

Page 2488

Blenheim 25.09.12

The hills and mountains capture the wind and force it to release its

watery load in various rainfall amounts about the Sounds. Duncan Bay

has a large yearly rainfall while the outer Sounds receive less. Most

bays and beaches accommodate a stream or two, some large, some

small. Cook Strait sends swells into Pelorus Sound through past the 5

sentinel like Chetwodes embracing the entranceway into the outer

Sound. Whether the tide is ebbing or flowing influences the swells

ferocity and hats lost to the wind on one side of Tennyson Inlet will be

found beached on the other side.

10

A yacht moored in a bay in upper Apuau Channel was set loose by high

winds and it stranded over the other side of Tawhitinui Reach.

Everyone familiar with Pelorus Sound knows these things and books on

the area often relate a familiar story of wild winds and sea, not to

mention the water spouts. I read once where Daryl Crimp come round 15

a headland in his boat only to have it flipped by a strong wind, and I

believe he was naked.

The Marlborough Sounds are an outstanding natural landscape unique

in New Zealand and unique in the world. Accompanying the 20

outstanding natural landscape is a human settlement history no less

astonishing. Amazing history of travel, survival, ingenuity,

craftsmanship and trade, a history embracing both Maori and European

settlers.

25

The Marlborough Sounds a geologically young, a mere 2 million years

old. They are one of the most impressive seascapes in the world. The

world, not the southern hemisphere, New Zealand, the world. With the

sea penetrating so far inland and the indented shoreline they resemble a

series of lakes. Their shoreline is more than 3,218 kilometres and they 30

cover an area of about 4,136 square kilometres. The land area almost

equalling the water area and they are stunning. They are stunning

visually and they are stunning because of the way they were formed.

The Marlborough Sounds are drowned valleys but not drowned valleys 35

caused by uplift or rising sea levels. The Sounds were formed because

they are sinking. The Sounds are sinking while the Wellington coast in

contrast is rising. In fact most of the New Zealand coast is rising.

New Zealand is a tectonically active region, as we in Christchurch have

recently experienced, and the tilting of the north-east Nelson Sounds 40

block towards Cook Strait have resulted in drowned valleys called rias.

This tectonic block is bordered by the Moutere depression in the west,

the Wairau Valley in the south-east and in the north Cook Strait. The

downward tilting and sinking is still continuing. The drowning caused 45

a partial submergence of a dissected landscape surface causing an

Page 2489

Blenheim 25.09.12

indented shoreline and some skeleton islands such as Arapawa.

Skeleton islands are produced when the sea produces an amphitheatre

feature at a valley head and then finally the sea breaks through the

resultant narrow rib. The result has produced the outstanding natural

landscape called the Marlborough Sounds, long appreciated by early 5

Maori, European settlers and now New Zealanders and other visitors to

our shores.

Making up the Marlborough Sounds are Queen Charlotte Sound and

Pelorus Sound. The drowning of the valleys has resulted in a 10

complexity of landscapes each unique, each adding to the outstanding

Sounds landscape. These landscapes include islands, headlands, bays,

beaches, inlets, mountains, hills, land passes and sea features of reefs,

fish nurseries and shellfish fields. It is interesting to note, although the

Sounds are basically sedimentary rock, argillite in the west, schist in 15

the east, each bay and beach has a local rock peculiarity such is the

geological complexity of the Marlborough Sounds. For example, one

beach I know has a large amount of white coarse stones interspersed

with soft surfeiting (ph 4.50) stones. A large grey argillite boulder

stands alone at the side of the beach. 20

Another beach has a lot of conglomerate where you can see the mixture

of stones making up the rocks. Quite large boulders can be found of

this conglomerate and you are reminded of the recent sedimentary

origins of the Sounds. 25

[12.35 pm]

A beach around the corner has serpentine stones. Further on towards

the outer Sounds a beach has small argillite rocks interspersed with soft 30

sandstone and greywacke rocks. I know of a beach where a large green

quartz vein transverses the beach cliff behind it. The quartz peels off

and lies on the beach in small block forms.

A beach on the northern side of Tawhitinui Reach has a lot of slate, fun 35

to write on with a pebble. Some beaches are formed predominantly of

pipi shells. So you see within the Pelorus Sound is a complex

lithography. Refer to the New Zealand Geological map.

Another geological feature that makes the Sounds an outstanding 40

natural landscape is the ultramafics of the Nelson D‟Urville mineral

belt. The ultramafics, especially the “baked” argillites of D‟Urville

Island, Rangitoto have led to one of the most important periods in

New Zealand‟s prehistory. The discovery of this resource by early

Maori led to the manufacture and production of high quality adzes, 45

Page 2490

Blenheim 25.09.12

such as the ones you have got before you, of all different colours in

argillite adzes.

When early Maori came to New Zealand they used the immediate

resources first, this was logical. Low population numbers and abundant 5

resources meant they did not have to venture far. However, as the

population grew and resources became more limited Maori spread

further afield and in doing so discovered the valuable adze making

resource, the baked argillite of D‟Urville Island. Maori were able to

establish gardens and horticulture, hunt moas and seals on and around 10

D‟Urville and accompanied sheltered waterways of Pelorus Sound

allowed the adze material to be sourced, worked, transported and

finished in the bays of Pelorus Sound. It is well known these flakes

have been extensively found throughout the Sounds. They jingle when

tossed in the hand. A huge amount of baked argillite was used and 15

traded throughout New Zealand. It came in a variety of colours from

the Ohana black stone to the greys of Mount Ears. Of course broken

adzes would become chisels, drill points, cutters et cetera. It was one

of the premium stones before the use of greenstone. It was more

versatile than greenstone which could take a lifetime to work. 20

D‟Urville is part of the Marlborough Sounds and the area can be

identified as central New Zealand. Cook Strait was a bridge for Maori

not a barrier. Water travelled distance were often quicker than as the

crow flies. Without baked argillite Maori expansion would have 25

faltered, it was so versatile, it was like having a multi-tool box. And

the waterways and passes of the Sounds favoured the trade of adzes and

adze material throughout New Zealand. Importantly adze making

technologies linked early Maori to their east Polynesian origins.

30

I acknowledge Olive Baldwin, author of the Story of New Zealand‟s

French Pass and D‟Urville Island Book 1, for valuable information

about the prehistoric stone quarries of D‟Urville Island. Baldwin has

written a comprehensive study of the quarries and their significance to

early Maori east Polynesian connections. Of particular interest is 35

Baldwin‟s use of Dr H W Wellman‟s study to quantify quantity of

adzes emanating from D‟Urville Island. Wellman‟s figures point to an

estimated total of not less than 15,000 adzes based on the number of

flakes found at occupational sites.

40

Baldwin has drawn on the archaeological studies of H D Skinner,

J A Thompson and R F Duff and many more studies. I found Joshua

Rutland‟s article in the Journal of Polynesian Society, volume 4 1986,

titled, “On Some Ancient Stone Implements Pelorus District Middle

New Zealand” particularly interesting as well as his other articles 45

which you can read there.

Page 2491

Blenheim 25.09.12

It was of considerable interest to read archaeologist Kevin L Jones‟

article titled, “Polynesian Quarrying and Flaking Practices at Samson

Bay and Falls Creek Argillite Quarries Tasman Bay New Zealand”.

They are just over the other side from us, they are actually up from 5

McLaren‟s Bay, so they are on the Nelson mineral belt.

It was my firm belief that it is to New Zealand‟s shame, the shame that

this area is not better recognised as a national treasure, a national

heritage site. The Marlborough Sounds provided another natural 10

resource as invaluable as the baked argillite, and that was the

sedimentary rock sandstone. Without the sandstone the argillite could

not be polished and shaped into the wonderful adzes which can today

be found in museums around New Zealand.

15

It is evident from the above that early Maori came by waterways from

around New Zealand to exploit the baked argillites of the Nelson

D‟Urville Island mineral belt. They come to Rangitoto, D‟Urville

Island occupied, established gardens, hunted moas and seals, quarried

and worked the baked argillite. 20

[12.40 pm]

They also moved by waterways and land passes around the outer and

inner Pelorus Sound and they established settlements and flaked adze 25

blanks into finished products. Many land passes were used by early

Maori and later by the European settlers to get from one area to

another. These passes eliminated the need to travel by waterways

which have taken much longer. Examples of Opouri Saddle into

Tennyson Inlet, from Opouri Valley. Elaine Bay and Crosseilles 30

Harbour, and Elaine Bay is where Te Rapaha came down and went

through, past Maud, across Tawhitinui route and over into Tasman

Bay. Cissy Bay and Admiralty Bay, Tawa Bay and Northwest Bay,

Ngawhakawhiti and Nydia, Nydia and Kaiuma, the portage, Pelorus,

and Queen Charlotte, and there are many more. 35

By the waterways, finished adzes were transported and traded around

New Zealand, if cydian (Ph 42.1) flint and chert flakes found on some

beaches suggested trade was reciprocal. D‟Urville Island has attracted

considerable archaeological studies. Unfortunately the adjacent 40

waterways have not received the same scrutiny, however evidence

exists that affirms the occupation of the outer and inner Pelorus.

The outer Pelorus has evidence of pa at Canon Point and West Entry.

Barry Brailsford acknowledges their existence in his book “The 45

Tattooed Land” chapter 6, as well as possible pa at Wynens Bay. There

Page 2492

Blenheim 25.09.12

were pa and gardens on Maud Island, gardens at Brightlands Bay and it

would be fair and reasonable to conclude with the amount of bait

argillite trade going on, there were many other pa and campsites

throughout the outer and inner Pelorus Sound. A 1974 archaeological

study identified many early Maori sites around both Sounds. 5

In the book “Old Marlborough” by Buick, T L, he comments on the

ancient pit dwellings stating, “about 1855 the destruction of the forest

on the shores of the Pelorus Sound to create artificial pastorage was

commenced, and has gone on uninterruptedly with constantly 10

increasing activity, a larger area having been cleared during the last 10,

and in the proceeding 20 years. In addition to the destruction for

farming purposes, several large sawmills have worked in the district,

thus excepting the birch, nearly all the markable timber has been

removed and some thousands of acres now in grass. This uncovering 15

the land has brought to light traces of human occupation wholly

unexpected. Scattered over the steep hill sites and on the small flats,

pits, terraces, shell heaps, cooking places, supprocal mounds, stone

implements and other relics have been discovered in numbers that

testify as plainly to a large population, as do the ruin cities in other 20

lands. It is evident that there is much archaeological work to be done in

Pelorus Sound, however early Maori settlement history is being eroded

and unfortunately the sea is washing away evidence before it can be

documented. Valuable information is being literally washed away,

however we can conclude from the above that Maori settlement in the 25

outer and inner Pelorus Sound was quite considerable”.

Although sealers knew the existence of Cook Strait seal rookeries, no

non-Maori had ventured into Pelorus Sound until the survey ship, the

HMS Pelorus, commanded by Lieutenant Chetwode took the Queen 30

Charlotte local Jacky Guard on board to investigate the river Te Hoiere.

From the 1st of September in 1838 they spent 10 days exploring and

surveying the area, although no names were given to the hills,

mountains and bays.

35

Sounds. The Pelorus chart is called Owerri (ph 3.47) or Pelorus River,

Admiralty Bay, New Zealand up to Freshwater. So unlike any seascape

landscape is Pelorus Sound, the European navigators had thought

they‟d witnessed a river. An account of Pelorus was given by Edward

Jerningham Wakefield on the 7th

of September 1839. “For 40 miles we 40

continued to advance along this magnificent arm of the sea, which only

differed from Queen Charlotte Sound in the grandest scale on which

the mountains, the wood and the spacious bays and harbours branching

out in every direction”.

45

Page 2493

Blenheim 25.09.12

So numerous and varied in these forms are these ramifications that

would be easy to mistake the track to the Freshwater River, the whole

seam forms a labyrinth on an immense scale, on which you may lose

your way among torturous paths of water, two or three miles broad and

between hedges composed of mountains. Hedges composed of 5

mountains from 2,000 to 3,000 feet in height, clothed to the summits

with the most luxuriant and majestic timber. Even our pilot guided

himself in some of the most intricate passes by watching the set of the

tide. The pilot was Jacky Guard.”

10

[12.45 pm]

The Pelorus Sound was properly surveyed and chartered in 1853/54 by

the HMS Pandora and HMS Fantome. After the Wakefield land

purchase and much later than 1840, British settlers started to venture 15

into Pelorus Sound. In the 1860‟s land surveys occurred and freehold

land was awarded to the settlers, and another period of human

settlement started.

Again the waterways provided the main form of transport as forest 20

covered hills and mountains were obstacles. Unfortunately, too much

of the forest was cleared for farming. Ships took out the logs and farm

produce. The waterways were free and open for everyone to use and

they should continue to be free and open for all people to use. This is

the Sound‟s history, and this should be their legacy to future 25

generations.

The Marlborough Sounds are an outstanding natural landscape, they are

outstanding because of the way they were formed and are still forming.

They are outstanding because of the Nelson-Durville mineral belt that 30

produced an outstanding natural resource that proved invaluable to the

first peoples of this land. This natural resource met the new arrivals to

their departed lands. A natural resource that allowed the new arrivals

to utilise the environment, grow their settlements and prosper and

become the people we know today as Maori. They are outstanding 35

because hardworking settlers produced farm produce for New Zealand.

It is a shame that too much timber was taken off the hills. However,

whoever has lived in Pelorus Sound has formed an intimate relationship

with the outstanding natural landscape and always the waterways were

free and open to transport people and goods around, and free and open 40

to the wildlife that has always used these waterways.

Allowing static salmon or other fish farming in the main channels

would impact adversely on the visual landscape experience and the

Sounds experience which encompasses the visual, the serial and 45

Page 2494

Blenheim 25.09.12

historical. These fish farms would deny us our freedom to travel around

these outstanding landscape areas

Establishing fish farm structures in the main Pelorus Channel,

remember there is only one way in and out of the Pelorus Sound. 5

Inhibiting the freedoms to use the time old waterways, growing fish in

an unnatural way, polluting the surrounding waters, are adverse effects

on the natural and cultural environments and would adversely affect

and alter the Pelorus, Te Hoiere legacy for future generations.

10

Local residents such as Tui Nature Wildlife Reserve, the Marlborough

District Council, the Department of Conservation who have worked

hard to manage this area in a manner that enhances the natural

environment. We respect and honour people, like Joshua Rutland who

worked hard to create the Tennyson Inlet Scenic Reserve and early 15

Maori who were the first to discover the wonderful place now called

the Marlborough Sounds. I wish to acknowledge the written sources I

have used and am indebted to the many wonderful people past and

present, who loved and love the Sounds as I and my family do, such is

the power of landscape and cultural history. 20

Reed states 1963, “A map of the Marlborough Sounds looks something

like a giant jigsaw puzzle, partly completed but with many odd shaped

pieces yet to be fitted in. Sometimes we appeared to be landlocked and

then rounding a promontory, the seeming lake was transformed into a 25

waterway again. We passed through an ever changing scene, now a

succession of little coves, now a wide and deep inlet indented with its

own series of smaller coves and inlets. The appearance of the coast

was as varied as its contours. The hills differing in height up to several

thousand feet, some are in pasture, some in scrub, some bush clad from 30

water‟s edge to summit. In few places the complexity of inlet and

promontory on one side of the channel seemed almost to fit the

concavity on the other.”

Reed states, “Now we have Maud Island immediately ahead, right in 35

the midst of the main channel. Keeping to its southern side into

Tawhitinui Reach, we saw headlands advancing and receding on either

side of the contorted shores bearing such names as Ram‟s Head, Grego

(ph. 4.12.8) Point, Picnic Bay, Deep Bay, Te Kaingapipi Point into the

Horseshoe Bay. Over on Maud Island, the isolated Robb family look 40

north-east through the channel with its fantastically crumped shores out

to Chetwode Islands, astride the entrance Pelorus Sound.

The Marlborough Sounds are an outstanding natural landscape. In the

world, there is no other landscape formed by the same geological 45

processes like the Marlborough Sounds. They are outstanding. They

Page 2495

Blenheim 25.09.12

have international importance, and to put fish farms in the main

channels using these waters to flush out waste products, denying people

their right to enjoy the Sounds waterways, is not sustainable

management of the natural and physical resources of this land. Future

generations of New Zealanders and visitors from overseas, have a right 5

to enjoy and experience the Sounds waterways as we have enjoyed

them. We have done enough damage through timber milling. It is now

time to enhance and experience the Sounds like we do.

[12.50 pm] 10

Now to an example. The Marlborough Sounds are an international

outstanding landscape and seascape comparison with sounds and fiords

around the world. In New Zealand we have Fiordland and glaciation.

Fiordland is formed from drowned glacial valleys will Milford Sound 15

running 15km inland, old rocks form Milford, Fiordland and in Milford

Sound, gneiss, granodiorite, diorite and gabbros have formed from the

original rocks recrystallizing. In Norway, which has a comparison

large area of sound or fiord, the ice age glaciers eroded Norway‟s

ancient granite bedrock shaping a landscape seascape of high 20

mountains, deep valleys and fiords.

Canada has glaciation. Queen Charlotte Sound and Queen Charlotte

Islands. Queen Charlotte Sound is a wide deep inlet off the eastern

north Pacific, piercing into west central British Columbia. It is 25

bordered by the coastal mountains running southward along a coast cut

deep by glacial valleys. The sound feeds into straits which were

avenues for continental glaciers racing outward to the sea. These

interconnecting channels of the northern Hecate Strait, southern Queen

Charlotte Strait and the Strait of Georgia and Puget Sound, constitutes a 30

section of the inside passage from Washington State to Alaska.

Another parallel mountain range is created, the peaks of Vancouver

Island and the Queen Charlotte Islands.

In the United States of America we have Puget Sound, a Sound in the 35

State of Washington. It was formed from glaciation, it is not a

drowned river valley. These are all glaciation. The Sound is part of the

Cascadia Subduction zone where the Juan de Fuca Plate is being

subducted under the North America plate. Earthquakes still occur.

Again, in South America they are called by glaciers, not drowned river 40

valleys – can I read that one too.

From the above, it is clear that no other landscape seascape in the world

has the same characteristics of the Marlborough Sounds. The major

features of the Sounds and fiords of Norway, Canada, the United States 45

Page 2496

Blenheim 25.09.12

of America and South America, have mountain ranges faulting

glaciation as the source of their creation.

A fiord such as Milford Sound is formed when a glacier gouges a U-

shaped valley resulting in hanging valleys and waterfalls such as the 5

Sutherland Falls. Sometimes the melting of the glacier results in the

earths cross rebounding as (INDISTINCT 2.45.8) melts and the eroded

settlement is removed. This is called glacial rebound or isostasy.

Drowned river valleys, rias, around the world, do not compare in size 10

and complexity to the Marlborough Sounds. For example, the Ria

Coast of Maine, USA, is small in comparison. It is very unusual to

have the sea penetrate so far inland as occurs in the Marlborough

Sounds. The mention of the Marlborough Sounds always invokes an

expression of pleasure from people. The Sounds are special, and when 15

people visit and leave the Sounds, they take some of that specialness

with them and they remember them with pleasure and affection.

I myself did not realise how special and unique they were until I

researched them for this submission. They do something to you and 20

you love them for their variety of landscapes, their wildlife, their

human history and especially the early Maori history. I have

discovered a landscape seascape so unique it is unbelievable it does not

have more government recognition in the form of a national natural

heritage site or something similar, and then we would not be 25

contemplating fish farming factories, so intrusive, so foreign, to the

Sounds landscape, especially my beloved Pelorus Sound, Te Hoiere.

Thank you.

30

JUDGE WHITING: Yes, well thank you very much, Ms Harney, and thank

you for your conveying to us all the research that you have done over

the years on the Sounds. We do appreciate it.

MS HARNEY: Thank you. 35

<THE WITNESS WITHDREW [12.55 pm]

JUDGE WHITING: Mr Etheredge, are you speaking on behalf of yourself

and Grace Libassi. 40

MR ETHEREDGE: Yes.

JUDGE WHITING: Come forward. We only have one more submitter to go,

shall we just carry on until – so – or you can all go home after lunch, 45

before lunch.

Page 2497

Blenheim 25.09.12

MS CLAFFERTY: (INDISTINCT 5.03.4 – away from mic).

JUDGE WHITING: Yes, I am doing that, we haven‟t had any luck.

5

JUDGE WHITING: Yes. Mr Etheredge.

MR ETHEREDGE: My name is Laurence Etheredge, I live at French Pass

with my lifetime friend, Grace Libassi. Together we manage the

French Pass Department of Conservation camp ground, and a sailing 10

charter business with a replica French pilot cutter, Steadfast.

I built Steadfast over a 16 year period in Albany, Western Australia

using local hardwoods and traditional methods. I had always intended

to operate the vessel out of Albany but towards the end of the project, I 15

began to realise the number of tourists visiting Albany was insufficient

to support a sailing charter business there.

I made a couple of road trips along the Australian Coast from Albany

as far as Brisbane, to see if I might find a more suitable place to operate 20

from but did not find what I was looking for.

In 2002, I had the opportunity to visit New Zealand with a friend and

we spent 10 days touring parts of the North and South Island, much too

short, I realise, and when I saw the Marlborough Sounds I was 25

entranced by its beauty. I also realised it would be a perfect place to

operate my business as it combined natural beauty with a pleasant

climate and the Sounds had the particular advantage of being sheltered

from big seas which can be off-putting to prospective clients.

30

An opportunity to manage the French Pass DOC campground became

available and Grace took up that position in 2005. I remained in

Western Australia finishing the boat which I launched in 2006 and

sailed for New Zealand later that year, in Melbourne, in Hobart, where

I participate in the biannual Hobart wooden boat festival, and arrived in 35

Picton in March 2007.

And I will just mention a word about Steadfast. Steadfast is a 40 tonne

gaf cutter, she is about 60 feet long and I spent 16 years on and off,

building her in Albany. 40

Grace and I operate the sailing charter business, as I have said, from

French Pass. Our area of operation includes all of the Marlborough

Sounds and Tasman Bay. Steadfast is a very beautiful vessel and

attracts positive comments and greetings, greetings from passing boat 45

traffic wherever she goes. We offer a range of sailing experiences

Page 2498

Blenheim 25.09.12

including day trips and overnight charters. We also do school trips out

of Nelson and Picton, mostly from Mistletoe Bay, an eco-village

camping ground in Queen Charlotte Sound at an affordable rate.

And on these trips, we have a friend who is a marine biologist who was 5

the educator at Mapua Aquarium until it recently burned down and we

take 28 kids out at a time and we do a series of scientific activities on

board. We just had a group of home schoolers out yesterday morning.

It is part of my vision that Steadfast can serve the local population in 10

offering life experiences similar to those being offered by the Spirit of

New Zealand in the North Island.

As of today, I have about 60 days of charter bookings for the coming

summer season and expect to pick up between 20 and 30 more 15

bookings as the year goes by. All of our guests comment upon the

beauty of the Sounds and remark upon how lucky we are to live here.

We have had guests from Scotland who have complained about the

profusion of aquaculture there, and have expressed the hope that this

would not happen in New Zealand. Not only the beautiful landscape of 20

the Sounds, but the isolation and relative absence of human activity,

seems to be something that our guests particularly enjoy.

It must be said that I too enjoy the piece of isolation that the outer

Sounds in particular, offer. I consider myself extremely lucky to be 25

able to live in a place like French Pass and I can very easily relate to

the deep concerns that some of the other submitters have expressed at

the prospect of the salmon farm being established within site, hearing

and/or smell of their erstwhile quiet and peaceful bach or home.

30

[1.00 pm]

I suspect that the proponents of this application, and many of those who

support it, do not find within themselves a need to be quiet. It probably

goes without saying that the people who have purchased a batch or 35

found a way to live permanently in the Sounds are particularly sensitive

to qualities of natural character and landscape, as the literature

describes these things, otherwise they wouldn‟t make the effort to be

there. I think it would be a tragedy if these people were to lose what

they have. 40

This sense of loss, I feel, would also be felt by all those who use their

boat or yacht as a vehicle for taking them out beyond the human

element, to places in the outer Sounds that still offer that sense of

isolation. For those who do not live in remote isolated places, even a 45

visit from time to time can be food for the soul and can uplift one‟s

Page 2499

Blenheim 25.09.12

spirits. One can then return to civilisation with a brighter outlook which

tends to be shared unconsciously with all those with whom one comes

into contact.

It is this sense of isolation and quietness that I feel will be most missed 5

by all those live or visit the outer Sounds, if this application were to be

approved. Visually the proposed farms are in complete contrast with

the surrounding landscape, and the prospect of there being an on-going,

24/7 smelly, noisy, industrial activity in my front yard is unthinkable. It

will also seriously compromise the quality of the visitor experience I 10

offer my clients in my sailing charters in the Sounds. The farms at

Kaitapeha and Ruaomoko will be visible for nearly the whole of the

passage from Picton to Ship Cove.

And when sailing around Cape Jackson to French Pass there will be a 15

further reminder of an innocuous industrial activity as we pass Papatua

in Port Gore. Yet again, when admiring the magnificent view of Maud

Island the Waitata Reach from Pelorus Entrance, there will be the

floating cages and barns of the outer Pelorus farms.

20

In addition to the landscape and natural character issues I have

described above, I also wish to make the following comment about

pollution. When I use the term pollution, I mean for it to conclude

pollution from excess feeding, faeces, anti-fouling, disease and any

other affect upon the ecological balance of the water column, seabed or 25

native fauna or flora.

I am not a scientist but I think that an activity that proposes to

practically destroy a part of the seabed in anticipation of it being

restored over a number of years is completely unacceptable. It conjures 30

up comparisons with a chemical plant in Mapua which has been

cleaned up at great expense and then subsequently found to still pose a

risk to the public. Practices in Mapua that led to this toxic condition

would never be allowed today. Yet we are talking about a marine

farming practice that follows virtually the same outline. It is even 35

acknowledged that the scale and quality of the pollution is not

completely known.

I also object very strongly to the way in which the authority to address

the planning issues involved in this hearing have been taken away from 40

the local council. I believe in the absence of abject failure on the part of

the local authority, the imposition of outside authority will never

succeed. For the good health of society, it is always best to let the

locals sort out their own affairs, if that is at all possible. They probably

have a better idea of what is best for them than any outsider ever will. 45

Page 2500

Blenheim 25.09.12

[1.05 pm]

I just want to make a note there, while I was living in Western

Australia, I was there for about 20 years, having come from California

many years ago, via Europe, and while we were there, there was the 5

Court – Richard Court was the Premier of the conservative government

and he was running for re-election – this about 10 or 12 years ago. And

his father had been a Premier previous, I forget his first name. But in

the lead up to this, over maybe a period of probably five or 10 years,

there had been growing opposition to the logging of Old Growth (ph 10

0.42) of jarrah, and jarrah and kauri in the south west, and there were

greenies who were chaining themselves up in the tops of trees and

getting in front of bulldozers, and this very minor, you know, radical

group who were opposing logging, and for the longest time it seemed

like they were really a fringe element. 15

But Richard Court made the decision as part of his election campaign

that he would cease the logging at Old Growth Forest, and it was a

remarkable stand to take for a conservative government, because there

were lots of jobs were going to be lost, and he won the election. And 20

the logging industry closed down over the next year, and it was – they

retooled and they started doing other kinds of products, but the logging

of Old Growth Forest was at an end.

I find some comparisons with that because we are – there‟s so much of 25

the argument for this application has to do with economic values, and

obviously there are other values that in Western Australia were

considered and had become mainstream.

Indeed, I believe that the argument between development versus 30

mainstream on a global scale, even though governments are currently

so preoccupied with trying to fix the global economic crisis, the

mainstream opinion, I believe, is inextricably moving towards a

recognition that we have to protect the planet.

35

This application, and I must say, the emphasis on economic growth as

an end in itself strikes me as being wilfully ignorant of the wonders of

the natural world and of our place in it. I do not believe that we should

going barefoot and eating tofu, but I am astonished by the failure of our

world and business leaders to appreciate what is of most value in this 40

life.

I urge this Board to reflect seriously upon their own sense of value

when deciding upon this application, and ask them whether 50 years

from now they would prefer to hand on to their grandchildren a New 45

Zealand economy that is infinitesimally improved as a result of the

Page 2501

Blenheim 25.09.12

expansion of industrial activity in the Marlborough Sounds, or a part of

a country whose peace has been preserved and can be experienced by

whomever wishes to go there. The Marlborough Sounds are a treasure

and it would be a great tragedy to spoil it for the sake, for the few extra

dollars. 5

JUDGE WHITING: Yes, well thank you very much Mr Etheredge, thank you

for your presentation and representation.

MR ETHEREDGE: Thank you. 10

JUDGE WHITING: We very much appreciate it. Now we have Ms Marcia

Rowe. Yes, Ms Rowe.

MS ROWE: Yes, good afternoon. I‟ll just get a drink. Okay, can you hear me 15

all right?

[1.10 pm]

JUDGE WHITING: Yes. 20

MS ROWE: Okay. I spent last week at my Sounds‟ house in Otanerau Bay.

As usual I walked to Narawhia trig on Arapawa Island where you have

a superb view of Queen Charlotte Sound, Cook Strait and Tory

Channel, and directly down into Otanerau Bay. From there the only 25

really obvious signs of presentation, present habitation are three

homesteads, two mussel farms and the Otanerau and New Zealand

King Salmon site. The rest of the view from there is of the waterways,

hills, bush, regenerating farmland and some forestry. It is a magnificent

view. 30

And on balance, the salmon farms is an incredibly tiny proportion of

that scene, and one I‟m very familiar with as it has been there over 22

years. I believe it to be a part of the history of Otanerau Bay now and I

am intensely interested in this area. However I remain opposed to 35

aquaculture expansion in this area as I think any further marine farms

in there would make it appear to be an aquaculture zone, which it is

not.

Although I‟m submitting against these expansion proposals, I‟m not 40

against aquaculture in New Zealand and am actually supportive of our

own salmon farming industry. Chinook salmon, although quite a

sensitive salmon to farm, is a fantastic product and well done by King

Salmon. Salmon is an extremely healthy food if people can afford it,

and it is now quite reasonably priced compared with other fish, 45

particularly when you consider the Omega 3 content.

Page 2502

Blenheim 25.09.12

Farm fish in New Zealand can help some of our wild stock fisheries if

commercial fishing becomes subject to more restricted activity levels

as aquaculture grows. We definitely need to avoid thinking that we can

grow every natural resource based industries sustainably. Part of this 5

sustainability of aquaculture in Marlborough must also depend on the

amount of coastal occupancy charges that they should be made to pay,

as they permanently occupy space and public – public water space and

currently for free. A per square metre charge would be quite a fair way

to do this. 10

I believe King Salmon have failed to properly consider all their impacts

when making the current applications, as I understand it, under the

RMA they need to consider environmental effects and impacts on the

directly affected community. In this case, this means the Marlborough 15

Sounds seafloor, the water column and other users of the water space. It

also means the Marlborough community.

Although Bruce Cardwell feels that community consultation was

thoroughly undertaken, I believe he‟s very mistaken. The local and 20

wider Marlborough community have had 25 years of salmon farming in

their area, so have had had plenty of time to judge the benefits of it to

them, and they have replied strongly to the company with many

objections.

25

I believe some of the community reaction comes from the view that

King Salmon is a poor employer, especially at the farm site employee

level, so I am talking shift working staff. Historically the company has

had a bad reputation for looking after staff and paying them well at that

level. They seem to have engendered a bad morale problem which 30

would probably be relieved by better pay and properly paid annual

leave. I believe the current situation for farm staff and shift workers is

the same as it has always been, that they take their leave during their

time off. This is appalling and illegal, as far as I know.

35

NZKS need to address this immediately and I think at this hearing, they

must not be allowed to propose and impose these same annual leave

conditions to farm site staff at new sites. Part of their proposal relies on

creating further employment in the Marlborough community, but this

will be on a basis of illegal annual leave conditions. In the RMA 40

glossary terms, environment and community are given equal status, so

I‟m absolutely sure that this environmental authority is vested with the

legal right to rectify this situation.

Now, I would like the panel to ask King Salmon to submit their revised 45

annual leave conditions to them before the hearing‟s end please.

Page 2503

Blenheim 25.09.12

I was contacted a few weeks ago by Grant Rosewarne, he said he

would like to meet with me to discuss my submission, and take me

through the improvements the company has made. I said that was fine,

but I have not heard from him since. As mentioned in my previous 5

submissions to the panel, I‟ve had some longstanding personal

concerns, environmental concerns and the aforementioned staff

concerns.

[1.15 pm] 10

My personal injury concerns really connect to the treatment of staff

issues which NZKS tend to either ignore or misrepresent. Once again,

I‟m concerned that company expansion will include an expansion of

that staff treatment and we will be returning major profit share to a few 15

rich shareholders, 51 percent overseas, at the expense of poorly paid

local staff. That is serious exploitation.

I‟ve raised the topic of my injuries incurred 20 years ago while

employed by what was then, Regal Salmon, because I still have 20

treatment affects. So it‟s a long time ago, I still have the affects. By this

I mean that dentists and anaesthetists do not consider that they can use

amino ester type local anaesthetics on me with a degree of safety, as I

suffered severe over exposure to benzocaine, acetone solution while

grading smolt at the salmon farms. So all my dental work, other than 25

too extractions, have to be undertaken with no local pain relief. For an

extraction I need to have a general anaesthetic under hospital

admission, which is very expensive, although ACC contribute towards

the cost.

30

I had great difficulty getting this from ACC who eventually accepted

that my claim was covered, but due to the circumstances surrounding

the claim there was no entitlement to payment in respect of my injury.

Part of the reason for that was that the farm manager that I worked

under, and another farm site manager, tried to undermine my claim by 35

telling ACC, OSH and the National Poison Centre that I had never

complained of any related symptoms and was just trying to make

trouble. I believe the reason for this was that the company had failed to

supply workers with adequate protective clothing, as recommended on

the hazard ID sheets supplied with benzocaine. 40

I have regularly complained of light headedness and numbness around

my mouth during my work days and was told that the process was

entirely safe. The farm manager, who I worked under, is still employed

by the company, and in my opinion would be none more responsible 45

for staff under him now than he was then.

Page 2504

Blenheim 25.09.12

From an environmental perspective I‟m mainly concerned about

predator treatment and containment of effects. The bigger an industry

gets the tighter the restrictions should be. As I mentioned in my earlier

submission, I was involved with New Zealand Fur seal issues that King 5

Salmon had some years ago. As this seal is protected, the staff couldn‟t

just kill them, although I had a collection of photographs of killed seals

on the beaches around East Bay, so it was obvious that they were at

risk.

10

To deal with the growing seal intruder problem King Salmon came up

with a seal relocation proposal, which apart from a high risk of being

ineffective, would have been self-regulated providing an easy

opportunity for disposal of these animals. And I need to add in there

that they weren‟t talking about just a few seals on the headlands around 15

the salmon farms, they were talking about relocating the entire

population of seals in the Queen Charlotte Sounds which was around

about 120-130 then, and it would have been constant relocations. So if

they came back from the bottom of the South Island they‟d be relocated

again. Quite a waste of money in my view, as well as a lot of stress for 20

the animals.

A well-attended DOC community meeting met King Salmon head on

about this, with the result that they introduced seal predator nets onto

the farms. But I‟m still concerned that the necessary maintenance and 25

upkeep of these nets may be compromised for further profit if not

tightly regulated. If this is not kept on top of then these nets can

become traps for seals, dolphins, other sea life and seabirds.

This can also apply to the bird netting on the cages. I think we need to 30

consider very carefully what impacts large scale salmon farming

expansion will have on the species, and I‟m concerned at that the real

science has not yet been done.

All farming involves the containment of animals, but the worst 35

environmental effect comes from the containment of animals without

the containment of effects. For King Salmon to address this issue, they

must be able to show their ability to contain their effects on the local

and wider environment, through their costings and research that is not

industry based science. 40

I also feel that King Salmon has had a direct negative effect on tourism

in Marlborough, so I was actually really pleased to hear from Chris

Godsiff this morning that there‟s been some further consideration given

to that matter, because they have failed to provide tourist experiences 45

on their sites. I believe that this has something to do with OSH safety

Page 2505

Blenheim 25.09.12

regulations, but obviously able to be done if money was spent on the

idea. Visitors used to be able to go on sites years ago and really

enjoyed it. As I recall they were also able to buy fish from farm sites as

well. This made the farms a lot more popular with locals and visitors

alike. 5

[1.20 pm]

The Marlborough community has always tried to increase its tourist

numbers and the Sounds are an important part of these endeavours. 10

They need attractions in the Sounds and salmon farming should be an

interactive part of it if it‟s there, this works well in other areas of New

Zealand and also addresses the alienation of public space issue to some

degree. It encourages more community buy-in, can be very educational

about the industry, the environment, the community, and if done 15

properly, it can do those things also – can be quite profitable.

I made the comment in my earlier submission that part of my

objections to these proposals are based on the belief that King Salmon

are not ready to expand because they have several current problems, 20

which I have outlined, that will seriously compound with such large

scale proposed expansions. They just have not covered their bases well

enough to be serious about expecting to get all these sites through the

system, so you must assume that they‟re just anticipating getting

something for their efforts to punch holes through the CMZ1. I hope 25

not.

I considered my own views as an earlier salmon farming, a long term

resident in the Marlborough Sounds, a member of the directly affected

community, a marine mammal and bird enthusiast, a shareholder in a 30

sustainable environmental manuka cottage industry, and hopefully a

reasonably fair person, and I just can‟t give a green light for any of this

right now. That King Salmon pull back and offer to use the next two or

three years effectively towards a refined proposal which genuinely

reflects a real environmental and community based approach, I would 35

give them a better response.

Thanks for hearing my submission.

JUDGE WHITING: Yes, well thank you also, Ms Rowe, thank you very 40

much for coming along today and giving us your submission. Yes,

now, shall we adjoin until 9.30 tomorrow morning?

MS CLAFFERTY: Up to you, sir, if you want to specify the lunch hour.

45

Page 2506

Blenheim 25.09.12

JUDGE WHITING: Well, we‟ll be around anyway, we‟ll be working on

something, doing reading to catch up on, and so forth, so if you can

arrange anything between now and two o‟clock, that will be fine, but if

not, we‟ll adjourn until 9.30 tomorrow morning. You‟ll have to let,

presumably, Mr Gardner-Hopkins, and his team – let them know if we 5

are resitting after two o‟clock.

MS CLAFFERTY: (INDISTINCT 2.45).

JUDGE WHITING: No, we‟ve got a telephone conference at two o‟clock now 10

which has been postponed because we‟ve gone on over lunch.

MS CLAFFERTY: (INDISTINCT 2.52).

JUDGE WHITING: Well, it could not be until at half past two. Thank you. 15

But it‟s not worth coming back for one or two parties.

MATTER ADJOURNED AT 1.23 PM UNTIL

WEDNESDAY, 26 SEPTEMBER 2012