BEFORE THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL

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1 BEFORE THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL IN THE MATTER of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 AND IN THE MATTER of Topic 081b Rezoning and Precincts (Geographical Areas) STATEMENT OF EVIDENCE OF DR MANU BIRD ON BEHALF OF AUCKLAND COUNCIL TE ARAI NORTH AND TE ARAI SOUTH PRECINCTS - ECOLOGY 11 FEBRUARY 2016

2 1. SUMMARY My evidence summarises the natural heritage and biodiversity values of the areas within the proposed Te Arai North and Te Arai South precincts. I discuss the impact that the provisions of those precincts is likely to have on these values. A positive outcome of recent resumed Mediation between the Auckland Council (Council) and submitters (15 January 2016) has been the resolution of the major ecological issues that were in contention. The Mangawhai/Te Arai/Pakiri terrestrial dune ecosystem and marine coastal zone still retains some of the highest terrestrial and marine ecological values of the north east coastline. The coastal area from Mangawhai to Pakiri which includes Te Arai North and Te Arai South contains important areas for terrestrial and marine biodiversity; especially wading and shore birds. The Te Arai/Mangawhai coastline has outstanding national and international values in that it supports six threatened shorebird species including nearly half the global population of the Nationally Critical fairy tern (Sterna nereis davisae), New Zealand s rarest bird, and the largest population of the Nationally Vulnerable northern New Zealand dotterel tūturiwhatu (Charadrius obscurus aquilonius). It also harbours katipo spider (Latrodectus katipo), green gecko (Naultinus elegans elegans), long-finned eel (Anguilla dieffenbachii) and four threatened plant species. The Mangawhai/Te Arai/Pakiri area is one of the last remaining breeding areas for the critically endangered New Zealand fairy tern tara-iti (Sterna nereis davisae); recognised as New Zealand s most threatened bird (New Zealand Birds On line The Mangawhai Wildlife Refuge is the main breeding habitat for the fairy tern, but it is also nesting along the Te Arai coast as far as Pakiri. Therefore, the distribution of the fairy tern encompasses both Te Arai North and Te Arai South. In my view the Comprehensive Site Management Plan required by the provisions of the Te Arai North precinct prior to the creation of any subdivision site is an exemplar which can be emulated in the Te Arai South precinct to protect and conserve the expanding distribution of fairy tern. The Comprehensive Site Management Plan also has significant value in assisting the protection and conservation of the biodiversity of the entire Te Arai ecosystem; especially Page 1

3 providing assistance in conserving the populations of threatened species at the site Although the fairy tern is functionally ecologically extinct owing to very small numbers, it and other wading and shore birds provide important ecosystem service functions such as ecological engineers, turning-over the marine sediments of the tidal mudflats of the Mangawhai Harbour. It has been shown that wading birds have evolved different bill lengths to exploit the different depths of the marine sediments for invertebrates. It is important that the full range of wading and shore birds remain in the Mangawhai Harbour to ensure that the ecosystem services they provide are conserved. An important aspect of the Mangawhai to Pakiri network of ecosystems is that they are relatively ecologically robust in that many of the habitat determinates are secure. Wading and shore birds such as the fairy tern can take advantage of the available nesting, foraging and roosting habitat; albeit that there is the threat of predation from introduced and natural predators. With the assistance from the Te Arai North precinct Comprehensive Site Management Plan and commitment from the New Zealand Fairy Tern Charitable Trust and the Te Arai Beach Preservation Society, the expanding distribution of the fairy tern is being monitored and protected. This management effort is important to reduce the incidence of predation on the avian diversity of the area, with many species nesting on the ground. A further positive outcome of the recent Panel assisted Mediation (15 January 2016) has been the agreement to ban domestic pets on subdivided sites in the Te Arai South precinct, including dogs, to be congruent (consistent) with the rules for pets in the Te Arai North precinct (these were originally agreed through Environment Court assisted mediation on Private Plan Change 166 to the Auckland Council District Plan Rodney Section). Any significant development of the Te Arai North and South precinct areas, whether residential, recreational or resource extraction in my view is likely to impact the ecological values of the area. This is understood by all parties; with agreement reached at mediation for all ecological values to be protected and conserved. Page 2

4 1.12 With rehabilitation of degraded environments provided for by the Te Arai North and Te Arai South precinct provisions, there is in my view the opportunity for sustainable development that has a minimal impact on the ecology of an area. From an ecological perspective I therefore support the level of development proposed within the Te Arai North and Te Arai South precincts as it is sustainable in this environment and is integrated with biodiversity rehabilitation. 2. INTRODUCTION My name is Dr Manu Bird. I am a resource management and conservation Scientist. I am currently employed by Auckland Council as a Biodiversity Strategist in the Biodiversity Coastal Strategy Team of the Natural Environmental Strategy Unit of the Auckland Plan Strategy and Research Department of the Chief Planning Office of the Auckland Council. In some of the previous evidence I have provided to the Panel for other hearing topics, my name was Dr Mark Seabrook-Davison. I have now legally changed my name to Dr Manu Bird. I have held specialist positions with the Council for five years. I have advised the Council as an expert, on matters within my expertise in Council hearings and in Environment Court mediation. I have 33 years experience as a Scientist in the fields of marine biology and fisheries policy development, local government environmental policy development, market and product research, environmental advocacy, conservation ecology, restoration ecology, conservation legislation, biodiversity strategy and resource management. I have a PhD in conservation ecology and environmental legislation from Massey University. For my MSc (hons) from Victoria University of Wellington, I conducted resource management research into fish biology, fish taxonomy, entomology and zoogeography. For both my PhD and MSc, I developed and implemented terrestrial and marine field research and survey techniques. My undergraduate BSc from Canterbury University is in botany and zoology. I have widely published my research in peer-reviewed New Zealand and international scientific and law journals. Page 3

5 2.6 Further details of my qualifications and experience are set out at Attachment A. 3. SCOPE My evidence describes the ecology and biodiversity of aspects of the coastal area that encompasses the Te Arai North and the Te Arai South precincts. My evidence discusses the impact that the provisions of those precincts is likely to have on these values. As a Scientist with experience in ecology and resource management, my evidence will focus on matters that concern indigenous biodiversity, ecosystem services and ecological function of the terrestrial, freshwater and marine environments. I previously provided advice to the Council on ecological issues for Private Plan Change 166 to the Auckland Council District Plan Rodney Section and attended the Environment Court assisted mediation that resolved appeals on that plan change. The Private Plan Change 166 provisions provide the basis for the Te Arai North precinct provisions attached to the evidence of the Council's planning witness, Mr Ryan Bradley. 4. CODE OF CONDUCT 4.1 I confirm that I have read the Code of Conduct for Expert Witness contained in the Environment Court Practice Note 2014 and that I agree to comply with it. I confirm that I have considered all the material facts that I am aware of that might alter or detract from the opinions that I express, and that this evidence is within my area of expertise, except where I state that I am relying on the evidence of another person. 5. THE PRECINCT SITES AND PROVISIONS 5.1 The Te Arai North precincts contains approximately 616 hectares of coastal land north of Te Arai Point, and is known as the Mangawhai North Forest. The Te Arai South precinct are contains approximately 753 hectares of land south of the Mangawhai Harbour estuary and is known as the Mangawhai South Forest. These areas are part of the last and largest undeveloped area of coastline on the east coast of the Auckland region. The areas of both the Te Arai South and North Page 4

6 precincts are adjacent to a largely unmodified coastal dune ecosystem which is backed mainly by pine forest The pine forest extending from the south boundary of the Mangawhai Wildlife Refuge has been planted on large sections of the Te Arai coastal dune system which includes both the north and south precincts. This pine vegetation has significantly modified the dune biodiversity; especially flora. There are some ecologically important areas within the both precincts, e.g. the unmodified sand dunes on the seaward side of coast, riparian vegetation and a saltmarsh alongside the Te Arai Stream of the north precinct, and some wetlands. The stream mouth is particularly important as a feeding, flocking and breeding site for rare shorebirds. There has been some recent modification of the outflow of the Te Arai Stream mouth as it enters the intertidal zone. Although Te Arai South is to the south of the Te Arai stream, the dune ecosystem and catchment of the Te Arai Stream encompass both the Te Arai South and North precincts. Therefore, there will be a requirement for any development within the Te Arai North and Te Arai South precincts to be aware of the need to maintain the ecological integrity of the Te Arai catchment. The proposed provisions for the Te Arai North and Te Arai South precincts that were agreed between submitters and the Council at Panel assisted mediation are discussed in and attached to the planning evidence of Ryan Bradley. Both precincts provide for limited development opportunities in exchange for a large area of public reserve along the coast. Both precinct provisions also provide for the protection and enhancement of endangered native flora and fauna. I am confident from the results of the discussions held during Panel assisted mediation (and also during Environment Court assisted mediation on private plan change 166 in the case the Te Arai North precinct which replicates the plan change provisions) that controls are in place to achieve appropriate ecological management. Te Arai Beach joins with Mangawhai Sandspit, and although the spit is outside the Auckland region, it is contiguous with Te Arai Beach and both are physically managed for their conservation values as one site. It will be important that the entire coastline is managed and conserved as an ecological entity, without restrictions applied by arbitrary local government boundaries. Impacts on the environment at both Te Arai South and North will also affect the Mangawhai Page 5

7 Wildlife Refuge, where there is intensive conservation management to protect the endangered fairy tern and other threatened shorebird species. The Mangawhai Wildlife Refuge also contains extensive areas of cultural significance to the mana whenua, especially large middens, hangi stones and other artefacts. 5.7 The original indigenous habitat was, and remains, mainly a dynamic (shifting) sand dune system covered in a representative native dune vegetation with some dune shrublands and wetlands. Although the entire Mangawhai/Te Arai coastal ecosystem has been extensively modified during historical times, the Mangawhai Wildlife Refuge has retained some of its original ecological values such as the native dune grasses and significant natural rehabilitation has occurred owing to shifting sands covering previous human occupation. It is important not to see the precincts in isolation as they are only two elements in the entire ecosystem that extents from Mangawhai to Pakiri. Any precinct boundaries are entirely arbitrary and have no relevance to the natural distribution of biodiversity. It is my opinion that any future land use of the area needs to allow the dynamic state of the dune ecosystem to remain. Many of the species that have naturally evolved in this energetic ecosystem rely on sand movement. The comprehensive Site Management Plans provided for by the Te Arai North and Te Arai South precinct provisions will assist with the protection of some of the biodiversity within these areas. 6. CONCLUSION In summary, a positive outcome of recent Environment Court Mediation (15 January 2016) on the Te Arai North and the Te Arai South precincts has been the resolution of the major ecological issues that were in contention. With agreement on issues such as the banning of domestic pets, I am confident that all stakeholders can successfully manage and conserve the ecological values of the Te Arai North and Te Arai South precincts. Dr Manu Bird 11 February 2016 Page 6

8 ATTACHMENT A Career Summary of Dr Mark Seabrook-Davison Present (1) Auckland Council Biodiversity Strategist/Ecologist in the Biodiversity Coastal Strategy Team of the Natural Environmental Strategy Unit of the Auckland Plan Strategy and Research Department of the Chief Planning Office of the Auckland Council. Prior to transferring to this position, I held the position of Regional Advisor (Ecology), Natural Environmental Management (Biodiversity), Environmental Services Unit, Auckland Council. (2) AUT (Auckland University of Technology) Lecturer School of Hospitality and Tourism, AUT. I teach undergraduate ecotourism, sustainability & conservation and post-graduate coastal & marine tourism. My academic teaching is a collaborative agreement between AUT and Auckland Council. I also mentor interns at Auckland Council from universities. (3) Massey University Honorary Research Fellow - Ecology and Conservation Group, Institute of Natural and Mathematical Sciences, Massey University, Auckland, New Zealand. I retain an academic association with Massey University, contributing to research programmes, publishing scientific papers, postgraduate supervision and guest lecturing Laboratory Manager, Research & Technical - Ecology and Conservation Group, Massey University. I provided technical and research assistance to academic staff and post graduate students. I also lectured undergraduate and post graduate students conservation ecology. During my tenure with Massey I collaborated with my colleagues participating in research projects resulting in the publication of peer-reviewed scientific papers in New Zealand and international journals. Academic qualifications PhD Seabrook-Davison, M.N.H (2010). An evaluation of the conservation of New Zealand s threatened biodiversity- management, species recovery and legislation. Massey University, Auckland, New Zealand. MSc (hons) Davison, M.N.H (1981). The biology of Grahamichthys radiatus (Cuvier and Valenciennes) (Pisces: Eleotridae) in Wellington Harbour. Unpublished MSc Thesis. Victoria University of Wellington, New Zealand. BSc Davison, M.N.H (1979). My BSc degree is in zoology and botany. This degree was started at Canterbury University of Christchurch and completed at Victoria University of Wellington.

Te Arai dune lands. Christine Wild for the Te Arai Beach Preservation Society

Te Arai dune lands. Christine Wild for the Te Arai Beach Preservation Society Te Arai dune lands 1 Community concerns about the environmental impacts of increased subdivision provision on the Te Arai dune lands of the Landscape Protection Zone Rural; Mangawhai/Pakiri Christine Wild