Eden Park India v NZ T20 Cricket Match Sunday 26 January 2020 - Application for Resource Consent and - Auckland Council

Page created by Max Willis
 
CONTINUE READING
Eden Park India v NZ T20 Cricket Match Sunday 26 January 2020 - Application for Resource Consent and - Auckland Council
Eden Park
      India v NZ
  T20 Cricket Match
Sunday 26 January 2020

   Application for Resource Consent and
   Assessment of Environmental Effects

                                          May 2019
May 2019
                                                                                                                                       Eden Park Trust

                                                             Contents
1      Introduction .................................................................................................................................... 3
2      The applicant and property details ................................................................................................. 4
3      Site and locality description ............................................................................................................ 5
4      Background Information ................................................................................................................. 9
       Planning Framework ....................................................................................................................... 9
5      Proposal......................................................................................................................................... 13
6      Consent requirements .................................................................................................................. 15
       Conclusion ..................................................................................................................................... 16
7      Statutory assessment .................................................................................................................... 17
       Section 104(1)(a) – Actual or potential effects on the environment ............................................ 17
       Scope of Assessment..................................................................................................................... 18
       Crowd Behaviour........................................................................................................................... 18
       Consultation and Communication ................................................................................................ 22
       Traffic and Transport Effects ......................................................................................................... 23
       Event Noise and Light Spill Effects ................................................................................................ 25
       Economic and other Positive Benefits .......................................................................................... 27
       Effects Conclusion ......................................................................................................................... 27
       Section 104(1)(b)(v) – Auckland Regional Policy Statement......................................................... 28
       Section 104(1)(b)(vi) – Auckland Unitary Plan (district level provisions)...................................... 29
       Assessment criteria ....................................................................................................................... 31
8      Section 104(1)(c) – Other matters ................................................................................................ 36
9      Part 2 of the Resource Management Act 1991 ............................................................................. 36
10 Notification.................................................................................................................................... 38
11 Conclusion ..................................................................................................................................... 39
Attachment A ........................................................................................................................................ 40
Attachment B ........................................................................................................................................ 41
Attachment C ........................................................................................................................................ 42
Attachment D ........................................................................................................................................ 43

Supporting Documents Provided

      A.    Certificate(s) of Title
      B.    Eden Park Operating Management Plan (December 2016)
      C.    Acoustic Report, prepared by Marshall Day Acoustics
      D.    Transport Assessment, prepared by Traffic Planning Consultants

                                                                                                                                              2|P a g e
May 2019
                                                                                                 Eden Park Trust

1    INTRODUCTION

This application seeks to enable organised sport and recreation to take place on a Sunday night. Specifically,
EPT propose to host a one-off T20 cricket match between India and NZ which is to take place on Sunday 26
January 2020 over Auckland Anniversary Weekend. Play is scheduled to commence at 8.00pm and is
scheduled to finish at 11.00pm. The T20 match is being played as part of India Republic Day celebrations.
This application also includes matches involving the India women’s team on the Number 2 field on Saturday
25 January, and Monday 27 January 2020 during the daytime.

Resource consent is required under the Auckland Unitary Plan (Operative in Part) (Unitary Plan) to provide
for a cricket match to be played at night-time on a Sunday. The cricket match will be in accordance with a
suite of management plans including a community consultation and communication management plan,
event management plan, and transport and traffic management plan. These are outlined in detail in Sections
5 and 7 of this report.

Resource consent for a restricted discretionary activity is required. Overall, the proposal is considered to
have less than minor adverse effects on the environment and is consistent with the objectives, policies and
assessment criteria in the Unitary Plan.

This report has been prepared in accordance with the requirements of Section 88 and the fourth schedule
of the Resource Management Act 1991 (RMA) and is intended to provide the information necessary for a
full understanding of the proposal and any actual or potential effects the proposal may have on the
environment.

This report contains the following information:

           A description of the site and surrounding neighbourhood
           A description of the proposed activity
           An assessment of effects of the proposal on the environment; and
           An analysis of the provisions of the RMA and the relevant statutory plan documents

In accordance with Section 95A(2)(b) of the RMA, the applicant requests that the application be publicly
notified.

                                                                                                      3|P a g e
May 2019
                                                                                 Eden Park Trust

2   THE APPLICANT AND PROPERTY DETAILS

                                APPLICANT AND PROPERTY DETAILS
Applicant                      Eden Park Trust
Address                        42 Reimers Avenue, Kingsland, Auckland
Legal Descriptions             Pt Lot 56 DP 4194
                               Lot 58 DP 4194
                               Lot 1 DP 45553
                               Lots 1-4 DP 46401
                               Lot 2 DP 384
Site Area                      9.8004 hectares

                              Auckland Unitary Plan: Operative in Part
Zone                      Special Purpose- Major Recreation Facility
Precinct                  Eden Park Precinct
Overlays                      Natural Resources: Quality Sensitive Aquifer Management Areas
                               Overlay- Western Springs Volcanic Aquifer
Controls                      Macroinvertebrate Community Index
Road Classification            Sandringham Road (Arterial Road)
Designations                  N/A
Council GeoMaps Layers
Overland Flow Path            Overland Flow Path
Flood Plain                   Flood Plain

                                                                                      4|P a g e
May 2019
                                                                                                Eden Park Trust

3    SITE AND LOCALITY DESCRIPTION

The application site, being Eden Park, is located at 42 Reimers Ave, Kingsland and consists of almost all of
the land bounded by Reimers Avenue, Cricket Avenue, Walters Road and Sandringham Road as Figure 1
below identifies the parameters of the site. The legal description of the land is set out in Section 2 above,
and the Certificates of Title for the site are included as Attachment A to this report.

Figure 1: Location Plan

Eden Park is internationally recognised as New Zealand’s premier stadium. It has a rich sporting and social
history of over the last 100 years, and an international profile that is unmatched by any other stadium in the
country. It has been the scene of some memorable historic events and moments and the stage for some of
New Zealand’s major sporting triumphs.

                                                                                                     5|P a g e
May 2019
                                                                                               Eden Park Trust

Since the 1900’s Eden Park has hosted major rugby and cricket matches and has evolved from a major rugby
and cricket ground to a stadium of international quality capable of hosting premier international events. The
evolution and development of the Park includes:

       1903: Eden Cricket Club bought 15 acres.
       1909: Ground sold to the Auckland Cricket Association.
       1913: Construction of the No 1 Stand commenced.
       1914: No 1 Stand opened and No 2 Stand opened in the southwest corner of the ground.
       No 2 oval established.
       1957: No 1 Stand transferred to Papakura Sports Ground.
       1959: New South Stand opened.
       1963: North Stand opened.
       1991: No 2 Stand relocated to No 2 oval.
       1997: North Stand demolished.
       1999: ASB Stand (replacement North Stand) opened.
       2002: Hall of Legends opens for tours. Historic cricket block on No 1 oval removed and replaced.
        Portable pitch system introduced. Nursery established on No 2 ground.
       2003: Reconstruction of the all-weather playing surface on the No 1 ground completed. TV
        broadcast facilities opened on Level 5 of South Stand. Dedicated cricket commentator facility
        opened on Level 5 of ASB Stand. Eden Park established a remote site for a turf farm for replacement
        turf stocks.
       2005: World-class media centre opened on top level of South Stand. Eden Park awarded hosting
        rights.
       2006: 24 enclosed cricket practice strips opened on No 2 ground. Removed four residential
        dwellings owned by the EPT in north-east corner to improve food and beverage services for the
        Panasonic Stand and to improve access to the Terraces.
       2007: Eden Park confirmed as finals venue for RWC 2011. Government committed $190m to the
        redevelopment of Eden Park.
       2009: Major redevelopment of Eden Park commences.
       2011: Eden Park hosts 2011 Rugby World Cup matches, including the Rugby World Cup Final at Eden
        Park won by the All Blacks.
       2014: Eden Park hosts the inaugural NRL Nines tournament.
       2015: Eden Park hosts 2015 Cricket World Cup matches, including a legendary semi-final against
        South Africa.
       2017: Eden Park hosts three British and Irish Lions matches including two tests, the World Master’s
        Games and launches the G9 Stadium golfing event.

                                                                                                    6|P a g e
May 2019
                                                                                                 Eden Park Trust

       2018: Eden Park hosts the first day-night cricket test to be held in New Zealand and provided the
        base from which the Auckland City Mission distributed Christmas food parcels.
       2019: A record breaking regular season crowd attends the Wellington Phoenix v Melbourne Victory
        match and Nitro Circus comes to Eden Park for the first time with the “You Got This” tour.

Eden Park is the home ground of Auckland Cricket and Auckland Rugby and both codes have a long and
proud association with the ground. However, since the redevelopment in 2009, Eden Park is now also being
used by a growing number of other sporting codes and entertainment operators.

Eden Park has successfully hosted the Rugby World Cup, co-hosted the Cricket World Cup, international
rugby tests, international cricket matches, A-league football and rugby league. It regularly hosts the Bledisloe
Cup, Mitre 10 Cup, Super Rugby and Cricket games, and has cemented its position as a facility of
international, national and regional significance.

The match schedule (and crowd numbers when available) of ODI and T20 cricket matches hosted at Eden
Park since 2007 is outlined below.

 Date                                   Match                                 Time              Crowd
 2007
 Saturday 06 January                    New Zealand v Sri Lanka (ODI)         2.00pm
 Sunday 18 February                     New Zealand v Australia (ODI)         11.00am
 Wednesday 26 December (Boxing          Blackcaps v Bangladesh (ODI)          2.00pm
 Day)
 2008
 Tuesday 5 February                     Blackcaps v England (T20)             7.00pm
 Friday 15 February                     Blackcaps v England (ODI)             2.00pm
 Friday 26 December (Boxing Day)        Blackcaps v West Indies (T20)         5.00pm
 2009
 Saturday 10 January                    Blackcaps v West Indies (ODI)         12.00pm
 Saturday 14 March                      Blackcaps v India (ODI)               2.00pm
 2010
 Saturday 6 March                       Blackcaps v Australia (ODI)           12.00pm
 Thursday 11 March                      Blackcaps v Australia (ODI)           2.00pm
 Sunday 26 December (Boxing Day)        Blackcaps v Pakistan (T20)            2.00pm
 2011

                                                                                                        7|P a g e
May 2019
                                                                             Eden Park Trust

Saturday 5 February              Blackcaps v Pakistan (ODI)       12.00pm
2012
Saturday 11 February             Blackcaps v Zimbabwe (T20)       7.00pm
Wednesday 22 February            Blackcaps v South Africa (T20)   7.00pm
Saturday 3 March                 Blackcaps v South Africa (ODI)   2.00pm
2013
Saturday 9 February              Blackcaps v England (T20)        7.00pm    23,758
Saturday 23 February             Blackcaps v England (ODI)        2.00pm    17,588
Thursday 26 December (Boxing     Blackcaps v West Indies (ODI)    2.00pm    8,123
Day)
2014
Saturday 11 January              Blackcaps v West Indies (T20)    7.00pm    11,838
Saturday 25 January              Blackcaps v India (ODI)          2.00pm    28,612
2015
Saturday 17 January              Blackcaps v Sri Lanka (ODI)      2.00pm    12,455
2016
Saturday 10 January              Blackcaps v Sri Lanka (T20)      3.00pm    17,058
Friday 15 January                Blackcaps v Pakistan (T20)       7.00pm    21,183
Sunday 31 January                Blackcaps v Pakistan (ODI)       11.00am   9,169
Wednesday 3 February             Blackcaps v Australia (ODI)      2.00pm    25,822
2017
Monday 30 January (Anniversary   Blackcaps v Australia (ODI)      9.30am    27,911
Day)
Friday 17 February               Blackcaps v South Africa (T20)   7.00pm    22,017
Saturday 4 March                 Blackcaps v South Africa (ODI)   2.00pm    19,142
2018
Thursday 25 January              Blackcaps v Pakistan (T20)       7.00pm    15,244
Friday 16 February               Blackcaps v Australia (T20)      7.00pm    29,939
Wednesday 21 February            T20 International Trans-Tasman   7.00pm    17,473
                                 Tri-Series Final
2019
Friday 11 January                Blackcaps v Sri Lanka (T20)      7.00pm    18,089
Friday 8 February                Blackcaps v India (T20)          7.00pm    36,523

                                                                                    8|P a g e
May 2019
                                                                                               Eden Park Trust

4       BACKGROUND INFORMATION

Eden Park’s owner, the Eden Park Trust Board is a statutory non-profit making body established under the
Eden Park Trust Act 1955. The Eden Park Trust Board (EPTB) is required under the terms of its deed:

         To promote, operate and develop Eden Park as a high quality multi-purpose stadium for the use and
          benefit of rugby and cricket (including under the organisations of ARU and ACAD respectively
          pursuant to their rights under this deed) as well as other sporting codes and other recreational,
          musical and cultural events for the benefit of the public of the Region; and
         To administer Eden Park and Trust Assets on a prudent commercial basis so that Eden Park is a
          successful financially autonomous community asset.

The Eden Park Trust (EPT), the operating arm of the EPTB is required to operate the facility to meet the deed
and provisions of the Unitary Plan and any resource consent (and its conditions).

EPT has relied on various resource consents (the first granted in 1997) that have enabled it to host a range
of events over the last 20 years. This includes the resource consent (R/LUC/2006/4828) for the
redevelopment of Eden Park and enable it to host night-time sporting events that rely on the use of lights.
The resource consent includes conditions that specify detailed operational parameters (start times, finishing
times and frequency) that apply in the case of events using lights.

Planning Framework

Eden Park is zoned Special Purpose - Major Recreation Facility under the Unitary Plan and is also subject to
the provisions of the Eden Park Precinct. The Eden Park Precinct provides the resource management context
for the use of Eden Park as a sporting and recreation venue for day time and night time events.

Rule I310.6.11 sets out the standards for organised sport and recreation undertaken at night time on the
Number 1 field. The standards specify:

    1) 25 activities within any 12-month period (but no more than four within a 35 day period) with a
          crowd capacity of 50,000 persons;
    2) Activity to occur between Monday and Friday after 7.30pm and be scheduled to finish no later than
          9.30pm (activities on public holidays are excluded from these time limits);
    3) No activities on a Sunday; and

                                                                                                    9|P a g e
May 2019
                                                                                               Eden Park Trust

    4) One day/night cricket test match of up to five days in duration within any 12-month period and
        counted as one activity.

EPT holds an existing resource consent for T20 and ODI cricket matches, providing for play to occur on
weekdays, between the hours of 7-10pm and 2-10pm respectively.

This application is exclusively limited to a one off T20 cricket match involving the India national team on a
Sunday with a scheduled finish time of 11pm. For the avoidance of doubt, the 11pm finish time is a vital
element of enabling Eden Park to host matches involving the India national team as it better aligns with
viewing times in India and is essential to television rights deals for the games.

While the Precinct provisions include standards for night time activity and provides for up to 25 sports and
recreation activities within a 12-month period, the use of the stadium at night time requires a non-notified
controlled activity resource consent. This method was included in the precinct provisions to enable the
operation of the stadium at night time through adaptive management plans. Specifically, I310.9. Special
Information requirements sets out that a Community Consultation and Communication Management Plan
(CCCMP) and Events Management Plan (EMP) must be prepared and provided to the Council with any
resource consent application for organised sport and recreation activities undertaken during the night time.
The plans are required to include the following information:

I310.9.1 Community Consultation and Communication Plan
1) The Community Consultation and Communication Management Plan must include the following
information in addition to any other matters relevant to the matters of control:
(a) details of the community communication and consultation liaison officer. The community liaison officer
    must be identified as being the main and accessible point of contact. The community liaison officer’s
    contact details must be listed on the Eden Park and Auckland Council websites;
(b) details of the membership of the Community Liaison Group (CLG);
(c) details of how all of the following have been invited to participate within the Community Liaison Group:
   I. Representatives of recognised local community organisations active in the Eden Park community;
  II. The Eden Park Neighbours Association Incorporated;
 III. The Eden Park Residents Association Incorporated;
 IV. Mainstreet business associations from Kingsland and Valley Road;
  V. Council and relevant Council Controlled Organisations; and
 VI. The New Zealand Police
(d) details of the responses to the request to participate with the Community Liaison Group;
(e) details of how the applicant will provide all of the following to the Community Liaison Group:

                                                                                                     10 | P a g e
May 2019
                                                                                                 Eden Park Trust

     i. Regular updates on scheduling of primary activities;
     ii. Opportunities for feedback and input with regard to the effectiveness of the methods to avoid, remedy
       or mitigate adverse effects associated with the activity;
     iii. Details of how the applicant will respond to queries and complaints including all of the following
       matters:
                  Who is responsible for responding;
                  How responses will be provided; and
                  The timeframes that the responses will be provided within; and
     iv. Details of consultation undertaken and responses and feedback received. Where responses and
         feedback are provided, the applicant must set out how feedback and responses have been addressed,
         and if not incorporated into the Community Consultation and Communication Management Plan,
         the reasons why;
(f) details of methods for informing each household within the vicinity of Eden Park, the Community Liaison
     Group, other stakeholders and affected parties of forthcoming activities and related arrangements
     (including the use of fireworks) not less than four times per 12 month period;
(g) details for the Eden Park “hotline”. The Eden Park hotline must be maintained and advertised for the
     purposes of enabling the local community, stakeholders and the Community Liaison Group to contact
     the appropriate authorities to gain assistance. The hotline must be operated for two hours prior to any
     event or function being held within Eden Park and must continue to operate until midday (12:00pm) the
     following day after any event; and
(h) Details of the complaints protocol. The complaints protocol must include methods for responding to and
     managing complaints arising from the actions of spectators, including methods for liaising with and
     assisting the New Zealand Police in devising and implementing an appropriate protocol to ensure as far
     as practicable, that spectators do not engage in anti-social behaviour in the vicinity of Eden Park.

I310.9.2. Events management plan
1)   The Events Management Plan must include the following information in addition to any other matters
     relevant to the matters of control:
     (a) Details of methodology for ensuring the removal of litter from streets within the vicinity of Eden
          Park.
     (b) Details of methods and procedures for preventing the consumption of alcohol in public places and
          areas outside of the Eden Park precinct.
     (c) Details of pre-event procedures including: (i) methods for ensuring the appropriate coordination of
          all agencies involved in managing events including:
          -       New Zealand Police;
          -       Security companies (in the precinct and street security patrol);

                                                                                                      11 | P a g e
May 2019
                                                                                               Eden Park Trust

         -    Auckland Transport;
         -    Bus services;
         -    St Johns;
         -    Fire Service;
         -    Taxi operators;
         -    Tow truck operators; and
         -    Media
     (d) Methods for ensuring the security arrangements for both inside and outside of the precinct are
         undertaken in a safe and efficient manner; and
     (e) Details of the post event procedures including methods for ensuring that patrons depart the precinct
         in a safe, efficient and orderly manner.

This application is being lodged to enable EPT to undertake an event that includes night time elements. EPT
has established management plans that meet the above requirements, and it is proposed to rely upon those
here. This is addressed in more detail in Section 5 and 7 of this application.

                                                                                                   12 | P a g e
May 2019
                                                                                                Eden Park Trust

5    PROPOSAL

This application seeks to enable organised sport and recreation on a Sunday night. Specifically, EPT proposes
to host a one off T20 cricket match between India and NZ. The match is proposed to take place on the Sunday
of Auckland Anniversary Weekend 2020 (26 January 2020) and also coincides with India Republic Day. Play
will be scheduled to commence at 8.00pm and is scheduled to finish 11.00pm, with gates opening at 6.30pm.
This application also includes matches involving the India women’s team on the Number 2 field on Saturday
25 January, and Monday 27 January 2020 during the daytime (this does not form that part of the application
as they are permitted).

The proposed T20 match is included as one of the 25 night time games within a 12 month period provided
through the existing resource consent.

New Zealand Cricket wishes to select Auckland, and specifically Eden Park, to host this event because it has
the capacity to accommodate the number of patrons expected for the match and because its floodlights
meet the strict requirements of the International Cricket Council for T20 matches.

The Eden Park precinct provisions state that organised sports and recreation activities undertaken at night
time on the Number 1 field shall not be undertaken on a Sunday and that the noise limits for all times outside
of the hours of 8.00am and 10.30pm Monday to Saturday must not exceed 40dB. The proposed game will
comply in all respects with the other standards of the precinct.

Eden Park operations around the proposed T20 cricket match will be undertaken in accordance with Eden
Park’s comprehensive operating management plan which has been prepared, incorporating the
requirements of the Unitary Plan, and is appended in Attachment B. The OMP contains the following three
integrated components:

    1. Community Consultation and Communications Management Plan;
    2. Transport and Traffic Management Plans; and
    3. Event Management Plans.

The OMP includes both internal and external processes and procedures design to:

       Provide a safe and compliant environment for patrons within the stadium; and
       Mitigated the effect that events may have on the surrounding residential amenity.

                                                                                                    13 | P a g e
May 2019
                                                                                                  Eden Park Trust

The operational processes developed for the above components combine to manage the overall effect of
Eden Park operations on the surrounding residential neighbourhood. The following bullet points summarise
the key components of the operational plan:

        Alcohol management processes and procedures;
        Traffic management strategies, including through a Traffic Management Group (TMG);
        Communication mechanisms (e.g. hot line/resident letter drop/ email messaging/ complaints
         procedures);
        Collaborative working relationships with external agencies such as Police, Auckland Council,
         Auckland Transport, District Licensing Authority and emergency services;
        Feedback mechanisms to residents via the Community Liaison Group (CLG) and direct with
         individual members of the CLG;
        Letter bins and public conveniences placed in surrounding streets; and
        Post event residential litter cleaning.

The basis for the level or extent of activation (i.e. number of security personnel, a number of gates opened,
TMP implemented, whether or not liquor checkpoints are activated) is determined by estimated crowd size,
which is provided by the event or venue hirer. In addition to anticipated crowd size, the duration of event
will also influence activation levels.

The mitigations contained in the OMP are based on those successfully used to deliver large scale events such
as the Rugby World Cup and Cricket World Cup games, NRL nines and international rugby and cricket tests.
They were developed in conjunction with feedback from Police, District Licensing Authority, Auckland
Council Compliance Monitoring, Auckland Transport and the Community Liaison Group.

In light of the public interest in Eden Park operations, including the long history relating to resource consents
for the redevelopment and operation of Eden Park, and more recently the establishment of an Eden Park
Precinct through the Unitary Plan, EPT requests that the application be publicly notified. It is noted that the
notification request is in relation to the use of the Number 1 Ground for the Sunday night time activity. The
controlled activity status in relation to the management plan provisions do not trigger notification and
notification would not be requested nor would it be appropriate if this was the only application.

                                                                                                       14 | P a g e
May 2019
                                                                                                Eden Park Trust

6    CONSENT REQUIREMENTS

Auckland Unitary Plan – Operative in Part (“the Unitary Plan”)

The following consents are required in the Auckland Unitary Plan: Operative in Part (2016)

    1. Activity Table I310.4.1 (A4) specifies that organised sports and recreation undertaken during the
        night time is a Controlled Activity. This provision has been included in the Eden Park Precinct as a
        mechanism to enable the operation of the stadium at night through adaptive management plans.

    2. Rule C1.9(2) – Infringement of standards, provides for the assessment of development standard
        infringements as a restricted discretionary activity. Standard I310.6.1.1 of the Eden Park Precinct
        states that the noise limits for all times outside of the hours of 8.00am and 10:30pm must not
        exceed 40dB. The proposal seeks consent to operate up to a noise level of 55dB on a Sunday night
        with a scheduled finish time of 11pm, and accordingly, assessment as a Restricted Discretionary
        Activity is required.

    3. Rule C1.9(2) – Infringement of standards, provides for the assessment of development standard
        infringements as a restricted discretionary activity. The following standards apply to organised sport
        and recreation undertaken at night time (emphasis added to identify infringement):

        I310.6.11. Organised sports and recreation activities undertaken at night time on the Number 1 field
        These activities must meet all of the following standards:
        (1) There must be no more than 25 activities within any 12-month period
        (2) There must be no more than one day/night cricket test match within any 12-month period
        (3) If scheduled between Monday and Friday (inclusive), these activities (excluding day/night cricket
            test matches) must commence after 7.30pm and be scheduled to finish no later than 9.30pm.
            Activities on public holidays are excluded from these time limits.
        (4) Day/night cricket test matches must be scheduled to finish no later than 10.00pm
        (5) These activities must not be undertaken on a Sunday
        (6) These activities must not exceed four occurrences within any 35-day period; and
        (7) The crowd attending any of these activities must not exceed 50,000 persons;
        (8) For the purposes of these standards, a day/night time cricket test match of up to five days in
            duration is to be counted as one activity.

                                                                                                    15 | P a g e
May 2019
                                                                                                  Eden Park Trust

The proposal infringes development standard I310.6.11(5) which states that organised sports and recreation
activities undertaken at night time on the Number 1 field must not be undertaken on Sundays, and
accordingly, assessment as a Restricted Discretionary Activity is required.

Permitted activities

Schedule 4 of the RMA requires that where an application is relying on a permitted activity as part of the
proposal, a description of the permitted activity that demonstrates that it complies with the requirements,
conditions and permissions for the permitted activity must be provided.

This application relies on rule I310.4.1(A6) – Accessory Activities, which is an identified permitted activity.
Within the context of an organised sports and recreation event at Eden Park, accessory activities include the
sale of food and beverages to patrons, small entertainment activities (half time entertainment, interactive
activities within the concourse / public areas, etc.), marketing / sponsor activities, all of which are regularly
undertaken in support of primary activities within the site.

Conclusion

Overall, the proposal is to be assessed as a Restricted Discretionary Activity.

                                                                                                       16 | P a g e
May 2019
                                                                                                 Eden Park Trust

7    STATUTORY ASSESSMENT

The following section analyses the relevant statutory provisions that apply to the application and the locality.
Significantly, these are the provisions of the Resource Management 1991 and associated policies and
documents that relate to resource consents. The RMA sets out the statutory framework, within which
resources are managed in New Zealand. The framework sets out a hierarchy of tests that must be passed in
order for resources to be utilised, either on a temporary or permanent basis. Section 104 of the RMA sets
out the matters for consideration when assessing a resource consent.

Under section 104(1) of the RMA, when considering an application for resource consent and any submissions
received, the consent authority must, subject to Part 2, have regard to:

    (i)      Any actual and potential effects on the environment of allowing the activity
    (ii)     The relevant provisions of a national policy statement
    (iii)    A New Zealand Coastal Policy Statement
    (iv)     A regional policy statement
    (v)      A plan or proposed plan; and
    (vi)     Any other matter that the consent authority considers relevant and reasonably necessary to
             consider the application

Overall, the proposal is to be considered as a restricted discretionary activity. Section 104C states that a
consent authority may grant or refuse an application for a restricted discretionary activity. If granted, the
consent authority may impose conditions only over those matters they have retained discretion over.

The following assessment addresses the relevant provisions of Section 104(1) of the RMA.

Section 104(1)(a) – Actual or potential effects on the environment

Section 104(1)(a) of the RMA requires that a council have regard to any actual or potential effects on the
environment of allowing an activity.

Pursuant to section 104(3)(a), a council must not have regard to any effect on a person who has given written
approval to the proposal, nor any trade competitor or effects of trade competition. No written approvals
have been sought or received in relation to the proposal for a T20 cricket match that would be on a Sunday.

                                                                                                      17 | P a g e
May 2019
                                                                                                 Eden Park Trust

The following assessment is an analysis of both the actual and potential effects arising from the use of the
stadium at night time on a Sunday night for a one off T20 cricket match involving the India national team,
including positive effects.

Scope of Assessment

There is no permitted baseline for this application. On Sunday the 26th of January 2020 the T20 match could
take place during the daytime and up to 8.00pm (30 minutes prior to sunset) as a day-time activity under
the Eden Precinct provisions.

Crowd Behaviour

The largest crowds to attend T20 matches were the Australia (Tri-series) game in 2018 with 29,939 patrons
and the India game in February 2019 with 36,523 patrons. Both of these games were played on a Friday
evening between 7pm and 10pm. The average size crowd for a T20 match over the last seven years is 21,132
patrons.

Notwithstanding the historic crowd size attending T20 matches, the potential crowd effects associated with
a T20 match on a Sunday assume a full stadium of up to 45,000 (maximum crowd size for a cricket match).
There is no increase in intensity in the number of night time matches provided for, as the activity is counted
as one of the 25 activities permitted within a 12 month period.

In my view, any actual adverse effects associated with the change from a weekday or Saturday to a Sunday
will be limited. Given the match falls on a public holiday weekend and within the daylight savings period,
more residents in the surrounding locality are likely to be out of town and partaking in other activities across
the city than other periods of the year. It is also not the night before the start of the school / working week,
being one of the key residential amenity considerations that underlines the Sunday night time restriction
within the Unitary Plan.

Crowd size and behaviour is generally influenced by a range of factors including the opposition team, the
climate, the level of success of the ‘home side’ on the day, composition of the crowd and the quality of the
game. Other factors such as the day of the week and weather can influence whether the bulk of spectators
arrive early or later. The operational measures associated with the arrival and departure of spectators is the
same for day/night events at Eden Park of a similar size and scale. Over the past decade, Eden Park has held
cricket matches on Wednesday, Thursday, Friday, Saturday and also Sunday (Sunday Day match NZ v
Pakistan ODI 31 January 2016, refer to Table in Section 4), and successfully managed crowd effects

                                                                                                      18 | P a g e
May 2019
                                                                                                 Eden Park Trust

regardless of the crowd size or finish times of the event. This is in larger part to the experience and learning
Eden Park has gained from hosting large events, coupled with planning undertaken prior to the event and
operational management on event day.

The implementation of EPT’s crowd management processes around the stadium ensure that the crowd
moves quickly into (and away from) Eden Park, thus limiting the impact on the surrounding residential
neighbourhood and the local road network. The Eden Park Operating Management Plan (December 2016)
combines the Community Consultation and Communication Management Plan, and a suite of Event
Management and Transport and Traffic Management Plans that vary depending on the anticipated crowd
size for an event.

As with all events at Eden Park, there will be zero tolerance of bad behaviour with Eden Park proactively
controlling bad behaviour in the stadium. Eden Park’s event management systems and procedures have
been well tested and are continuously refined to improve the outcomes for patrons and neighbours. The
systems are comprehensive in terms of addressing the effects of Eden Park operations and are integrated in
terms of coordinating the many stakeholders involved in the events held at the Park.

The Community Consultation and Communication Plan will be implemented prior to the T20 cricket match
taking place to ensure that nearby residents and businesses are aware of the event and the associated
measures to be put in place to manage the event, including the movement of patrons to and from the
stadium each day. Regular contact with the community occurs via the Community Liaison Group which is
administered and chaired by Auckland Council, providing a two-way communication channel so that
resident’s concerns and input forms part of the adaptive management plan method used to maintain the
OMP. This is addressed in detail in the following sub section.

The OMP includes both internal and external processes and procedures designed to provide a safe and
compliant environment for patrons within the stadium and mitigate the effect that events may have on
surrounding residential amenity. The management plan includes the following general procedures
implemented as part of Eden Park’s event management response relative to anticipated crowd size.

Alcohol Management
Eden Park has developed a comprehensive alcohol management strategy, encompassing spectator ingress
(vetting at liquor checkpoints/gate entry) and during the course of an event via caterer controls, security,
District Licensing Authority and Police oversight, thereby ensuring that spectator behaviour entering and
exiting the general environs is appropriate. As with all events at Eden Park, there is zero tolerance of
intoxication or bad behaviour with Eden Park proactively controlling bad behaviour in the stadium.

                                                                                                      19 | P a g e
May 2019
                                                                                               Eden Park Trust

Alcohol Checkpoints
The temporary Liquor Ban surrounding Eden Park is activated for all events. For the larger sporting events,
six liquor checkpoints located on the main streets leading into the Park are activated and manned by security
and/or Police. The purpose of these checkpoints is to:
       Promote the existence of the liquor ban;
       Monitor incoming spectators to ensure appropriate behaviour; and
       Prompt the surrender of alcohol carried into the ban area by spectators

Portaloos and Rubbish Bins
Portaloos and rubbish bins are positioned around the outer environs of the Park for all sporting events (the
extent and number of units are determined by the size/scale of each event). Their placement is based on
best practice, consistent with Eden Park Trust’s commitment to mitigate the effect events have on
surrounding residential amenity.

Event Delivery
Eden Park’s event delivery processes and procedures were developed in the lead up to the completion of
the redevelopment project in the readiness of the opening event and Rugby World Cup. These systems were
designed to take consideration of event delivery processes in the stadium and mitigation strategies aimed
at minimising the impact activities undertaken at the park would have on the residential amenity. Safety
within the stadium and the welfare of the public in general have always been imperatives for successful
event delivery. Over the period between Rugby World Cup and present day, event delivery processes and
procedures have evolved as a consequence of consultation between residents (including the Community
Liaison Group), Police, District Licensing Authority, Auckland Transport, Auckland Council, Auckland Tourism
Events and Economic Development and general public feedback, to the point whereby they are considered
(within the industry and regulatory agencies) to represent best practice.

Post Event Security Detail
A post event litter clean is carried out in the general area the following morning, the extent of which is
determined by the TMP/EMP activated for the event.

Control Room
On event days, Eden Park operates a central control room (based on the CIMS framework, which is
commonly used by Police, Fire Services, St John and other emergency service agencies). All operational
decisions are made through the control room, with on-field activities being the only exception to that rule.
Services such as NZ Police, Fire Service, St John, security services, ticketing, traffic management and event
management are located in this room, including the information/hot line. In the event of a complaint from

                                                                                                   20 | P a g e
May 2019
                                                                                                 Eden Park Trust

the neighbourhood being received, the appropriate response can be initiated immediately to deal with the
issue.

Public Address Systems (P.A.)
The Eden Park P.A systems (volume level) are managed via electronic limiters, which ensure compliance with
the Unitary Plan daytime noise limits. This system is calibrated by a qualified acoustic engineer, and checked
by this specialist for correct operation on a six monthly basis. All venue hirers are contractually obliged to
manage their respective programs (for P.A and music) through the Eden Park limiter control, with both
parties working conjointly to ensure compliance.

Field Lighting
The Eden Park field lighting systems are controlled via sophisticated management systems, which are
configured for three individual settings (cricket, rugby and egress). The lighting system is designed to
concentrate lighting emissions onto the field of play and lower bowl seating areas, and to minimise light spill
out of the stadium structure. Game day use of field lighting is managed in compliance with Unitary Plan
standards. Regular checks are conducted to ensure individual fittings are in keeping with the original
operational design parameters.

Police
NZ Police provide resource for events at scale based around game type and crowd size, including attendance
at liquor checkpoints. For small to large sporting events (5-15,000) a senior sergeant and communications
specialist are stationed in the Eden Park control room and for capacity events, more senior personnel are in
attendance.

Summary
As evidenced above, Eden Park has developed comprehensive management processes and procedures for
events held at the park at night time. Eden Park’s event management systems and procedures have been
well tested and are continuously refined to improve the outcomes for both patrons and neighbours. They
have been refined based on large international events including the Rugby and Cricket World Cups. The
systems are comprehensive in terms of addressing the effects of Eden Park operations on surrounding
properties, and are integrated in terms of coordinating the many stakeholders involved in events held at the
Park.

A T20 cricket match is proposed to be played in January in the summer season when the weather is warmer
and more settled and days are at their longest, with sunset at 8.37pm. The match also falls on the Sunday
of Auckland Anniversary Weekend 2020, where people make the most of the Summer holidays and the ‘long

                                                                                                     21 | P a g e
May 2019
                                                                                               Eden Park Trust

weekends’. People also tend to be more active and social during the summer months, taking advantage of
the additional daytime in the evening. These factors help ameliorate the impact that a one off T20 match
undertaken in the evening may have on surrounding residential amenity.

Overall, I consider that the crowd effects of a T20 cricket match involving the India national team played on
a Sunday night will be no more than minor. The implementation of the procedures and processing in the
management plans are able to adequately avoid, remedy or mitigate the impact that events may have on
surrounding residential and business properties, has been demonstrated during past matches at Eden Park.
Further, the proposed date of the game is the Sunday immediately prior to Auckland Anniversary Day 2020,
a public holiday.

Consultation and Communication

The Community Consultation and Communication Plan is implemented prior to a night-time match taking
place to ensure that nearby residents and businesses are aware of the event and the associated measures
are put in place to manage the event, including the movement to and from the stadium. Regular
communication with the community occurs via the Community Liaison Group (CLG) which is administered
and chaired by Auckland Council, providing two-way communication channel so that resident’s concerns
and input forms part of the adaptive management plan method used to maintain the OMP. The main
elements of the consultation and communication plan are as follows:

Information/Hot Line
Eden Park operates a 24/7 information line for residents or member of the public to make contact with Eden
Park during the business week, after hours or over the course of an event. All calls are answered, and action
is taken or written responses issued as soon as possible.

Community Liaison Officer
Contact details for the Eden Park Community Liaison Officer (CLO) are included in the Eden Park website. To
ensure that the local community and general public are able to make direct contact with Eden Park at all
times (irrespective of CLO availability), the information line number is listed on the Council’s website. A
response is provided either directly or within 24 hours of receiving a complaint or general feedback,
depending on the urgency.

Letter Drop

                                                                                                   22 | P a g e
May 2019
                                                                                                 Eden Park Trust

Eden Park delivers a residents newsletter to all properties likely to be affected by an event (either by mail or
electronic means). The newsletter provides relevant information relating to each event.

Web Site
Eden Park operate a comprehensive web page for the purposes of providing the latest general information
and event specific details.

Community Liaison Group (CLG)
The OMP includes full details of the CLG, administered and chaired by Auckland Council. Membership of the
CLG includes representatives from the Neighbourhood Association, Residents Association, Albert Eden Local
Board, Kingsland Business Society, Dominion Road Business Association, Auckland Council, Auckland
Transport, NZ Police and Eden Park Trust. Eden Park consults with and seeks from the CLF on matters relating
to:

      i.     The delivery of events;
      ii.    Changes to event delivery processes and or procedures;
      iii.   Mitigation strategies designed to eliminate or reduce impacts on residential amenity;
      iv.    Mitigation strategies associated with feedback from the CLG; and
      v.     New events which require change/alteration to the existing delivery model or are outside the
             planning framework.

The level and sophistication of consultation and communications continues to adapt and evolve to ensure
that residents, stakeholders and the general public are aware of upcoming events and measures put in place
to manage the event. This enables people to pre-plan for event day knowing what measures will be adopted
for a specific event. Overall, I consider that the effects of night time use of the stadium can be adequately
avoided, remedied and mitigated through the consultation and communication process and procedures
identified above. These ensure that surrounding residents, businesses and stakeholders are aware of
activities undertaken at night-time at the stadium and the associated measures put in place to manage these
activities, including the movement of patrons to and from the stadium.

Traffic and Transport Effects

The Eden Park precinct provisions require that the management of associated traffic and transport effects
of an event is undertaken in accordance with a Transport and Traffic Management Plan authorised by
Auckland Transport unless the sport generates a crowd of less than 5,000 people and does not require the
closure of a public road (Standard I3130.6.4 Traffic Management).

                                                                                                      23 | P a g e
May 2019
                                                                                                   Eden Park Trust

Eden Park operates a range of authorised TTMPs relative to the crowd size anticipated at each event, and
these are included as part of the OMP as Attachment B to this report. As noted above, a capacity crowd in
the vicinity of 45,000 is anticipated for the purpose of this assessment.

A Transport Assessment has been prepared by Traffic Planning Consultants on behalf of EPT, included at
Attachment C to this report. The TPC assessment makes the following observations in regard to any material
differences in effects between undertaking a T20 cricket match on Sunday night and finishing at 11pm:

“We do not anticipate that the general transport effects from allowing this match to occur on a Sunday night
would be any different than if it took place on a Saturday night. The following points are noted in this regard:

       The event would be held under the current operational traffic management plans (TMP’s) approved
        by Auckland Transport to manage the traffic and pedestrian effects. The traffic management
        response around the Eden Park environs is designed to mitigate the effects of traffic and ensure
        pedestrian safety while minimising the impact traffic management has on the residential amenity.
       Special train and bus services are put in place for large events to coincide with the finish time and
        provided these are available there is no material difference in effect.
       The third move to manage effects with the events is implementing a communication strategy. This
        is a common practice where EPTB works within Auckland Transport to inform and assist residents,
        the wider public and patrons of the event and the transport options available to them.
       Traffic flows on the surrounding road network on a Sunday night are typically lower than a Saturday
        suggesting that the overall effects will be less as there is additional capacity in the network to
        accommodate vehicle activity associated with the event. For example, vehicle flows measured by
        Auckland Transport on Dominion Road show that daily flows on a Sunday are 12% less than those
        recorded on a Saturday.
       A review of the scheduled train services on the Western Line reveal that there is no difference in
        schedule between a Saturday and Sunday between the hours of 12.00pm and 11.00pm when a
        match would be occurring.
       Scheduled bus services are also similar with a regular frequency of services occurring on
        Sandringham Road and Dominion Road through the time of the event, providing ample opportunities
        for patrons to utilise public transport as part of their travel to and from the event if not using special
        event services.
       With the match planned to be on a Sunday 26 January 2020, the day before a public holiday
        (Auckland Anniversary), a reduced demand for public transport and its drivers will be required for

                                                                                                        24 | P a g e
May 2019
                                                                                                    Eden Park Trust

         the following day. This will assist in ensuring a high level of public transport can be for the event
         without impacting on public transport requirements on Monday 27 January 2020.
        The potential for a cricket event to finish early due to a team’s performance or later due to weather
         disruptions and the impact it would have on public transport provisions is no different than what
         currently occurs. Nor it is it relevant to what time of day an event starts. Eden Park event organisers
         work closely with Auckland Transport and agree (under contractual agreements) as to the provision
         of additional public transport services and when they would be provided. During the event both
         organisations monitor these types of situations and ensure public transport provisions for the event
         occurs efficiently and safely.

Overall, it is considered that the traffic related effects of the proposal to undertake a T20 cricket match
between India and the New Zealand’s Men’s teams on Sunday 26 January 2020 can be accommodated on
the road network without compromising its function, capacity or safety.

I concur with the above statements. In my view, the transport and traffic effects associated with the
proposed match are able to be managed to ensure safety of pedestrian and vehicular movement around the
stadium, regardless of which day the match is being undertaken on.

In addition, given that the match falls on the Sunday before Auckland Anniversary Day, it is possible that this
may result in a reduction of vehicle flows around the stadium, as people may be out of the city for the
weekend, or partaking in other activities across the city.

Accordingly, I consider that any adverse transport and traffic effects on a Sunday will, subject to the
implementation of the OMP overall and the adopted TMP, be less than minor. EPT anticipates conditions of
consent to this effect.

Event Noise and Light Spill Effects

In relation to noise and light spill effects, the public address system and lights will operate for the full
duration of the match under normal cricket match operating conditions. It is noted that Eden Park is readily
able to comply with the lighting requirements of the Unitary Plan, and meets all applicable standards. Eden
Park’s form and the fact that its lights are incorporated in the stands significantly contains light spill.

Marshall Day Acoustics (MDA) has provided a letter dated 13 May 2019 (refer Attachment C to this Report)
relating to the noise requirements of the Unitary Plan, and has confirmed that the proposed match will be
undertaken in full accordance with the noise standards of the Eden Park Precinct. MDA has considered the

                                                                                                        25 | P a g e
May 2019
                                                                                                   Eden Park Trust

acoustic effect of holding a T20 cricket match at night on a Sunday compared to that which is anticipated
under the Unitary Plan, being any other night of the week.

MDA has detailed that the ‘acoustic exposure’ of the one off T20 cricket match on a Sunday would be no
different to any other day of the week.

MDA make the following comments with regard to background sound, and the likely acoustic impact of the
proposal:

“During the larger games, the typical noise levels will likely result in noise levels between 65 to 68 dB LAEQ for
periods during crowd cheering. Whilst this noise is noticeable when it happens, the effects are limited by
controlling the number of events, the duration and the finish time.

There is no reason why the noise output from a T20 match would be significantly different to a Sunday
compared to a week day, the sound system would be controlled by the same noise limit and crowd noise is
expected to be similar.

The overall noise impact of T20I cricket on a Sunday would not be significant for following reasons:

        Only a single T20 match is proposed to be moved to the Sunday;
        Residents have a public holiday the following day;
        The proposed date is well within the daylight saving period with a sunset time of 8.37pm for 26
         January 2020.
        During the event (which during the noise daytime) the sound level from the sound system inside a
         dwelling would be no more than 40d BLA10 even with windows open. 40 dB LA10 is the night time
         upper limit of acceptability for living areas for residential dwellings in suburban areas stated in
         AS/NZS2107:2016” Acoustics- Recommended design sound levels and reverberation times for
         building interiors.”

In summary, the Acoustic Report outlines that “there will be no difference in the noise output from an T20
cricket match on a Sunday compared to any other day. Aside from this lack of difference in noise level
(weekday to Sunday) the overall noise effects of the event are not significant as it will only occur on Sunday
and it can comply with the Eden Park noise limits which are the most restrictive of any stadium in New
Zealand. The overall noise effects from the application to move a one-off T20 match from a
weekday/Saturday to a Sunday (with a holiday on the following day) will be negligible”.

                                                                                                        26 | P a g e
May 2019
                                                                                                Eden Park Trust

Overall, and subject to the proposed conditions set out by MDA, any adverse noise and lighting effects arising
from the proposed use of Eden Park on a Sunday evening for a one off T20 cricket match involving the India
national team scheduled to finish at 11pm will be acceptable.

Economic and other Positive Benefits

Eden Park is the only venue in Auckland capable of hosting international T20 and ODI matches. The
continuation of Eden Park hosting a one off T20 cricket match will allow many Auckland families as well as
visitors to the city, the opportunity to watch the Black Caps play a quality international team in one of New
Zealand’s premier sports venues.

The continued use of Eden Park to host cricket matches makes efficient use of a limited resource and
contributes significantly to Auckland’s social and economic wellbeing, and enabling the ability of Auckland
residents to enjoy one of New Zealand’s national summer sports. No other stadium in Auckland is capable
of hosting ODI and T20 matches.

The match is scheduled to fall on the Sunday before Auckland Anniversary Day which is a public holiday, and
provides an attractive entertainment option for residents of Auckland to enjoy over the long weekend and
will bring with it a range of economic and positive benefits to the local economy.

Effects Conclusion

The anticipated actual and potential adverse effects of the proposed one off T20 cricket match involving the
India national team at Eden Park on Sunday 26 January 2020 until 11pm are able to be adequately avoided,
remedied and mitigated through the specific traffic, event and consultation and communication
management plans developed and operated by Eden park based on the event duration and capacity.

The effects of a T20 cricket match played on a Sunday night and with an 11pm finish time are no different
from those already authorised under the existing resource consent for ODI night matches at Eden Park, and
are able to be mitigated through conditions of consent relating to traffic, event and communications
management, and appropriate noise requirements.

The ability to successfully hold cricket matches on evenings has been proven with hosting of ODI and T20
games over a number of years and the improvement, refinement and adaptation of event and transport and
traffic management measures. These plans provide a safe and compliant environment for patrons within
the stadium and mitigate the effect that events may have on surrounding residential amenity.

                                                                                                    27 | P a g e
You can also read