Whenuapai airbase loses Environment Court noise complaint
Sept 27, 2019 17:22:45 GMT 12
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Post by nighthawknz on Sept 27, 2019 17:22:45 GMT 12
www.stuff.co.nz/national/116150250/whenuapai-airbase-environment-court-upholds-noise-complaint
www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12271423
This shit is starting to get out of hand...
A noise complaint about the late-night testing of aircraft engines at Whenuapai Air Force Base could jeopardise Air Force operations, Defence Minister Ron Mark says.
Neil Construction Limited went to the Environment Court, saying aircraft noise, particularly from engine testing, from the airport was excessive and in breach of the Resource Management Act.
Auckland Council and the Ministry of Defence opposed the claims.
The Environment Court released a decision on Friday, upholding the complaint and stating late-night testing of aircraft engines must comply with noise restrictions.
The base is in West Auckland and was established by the Royal New Zealand Air Force (RNZAF) shortly before World War II. Until 1965 it also served as Auckland's civilian international airport.
Neil Construction's desire for NZDF to mitigate the noise generated by testing of aircraft, could mean moving the testing to another area of the base, Mark said.
"To me, that makes the noise somebody else's problem and would impose significant cost on the taxpayer," he said.
Mark said he was also concerned with the precedent the ruling set.
"Other organisations may now be able to use this ruling against the Defence Force and it could put in jeopardy our ability to conduct search and rescue, and disaster relief operations outside of 'commercial office hours'," he said.
"Looking at the ruling it makes me wonder if perhaps one of the threats to our national security is property development."
The NZDF legal team are due to respond next week, he said.
The Environment Court said the decision was not to be enforced immediately.
An interim suspension is in place for 20 working days, while an appeal is considered.
If an appeal was submitted, the suspension will continue pending the outcome of that appeal, the decision said.
Neil Construction Limited went to the Environment Court, saying aircraft noise, particularly from engine testing, from the airport was excessive and in breach of the Resource Management Act.
Auckland Council and the Ministry of Defence opposed the claims.
The Environment Court released a decision on Friday, upholding the complaint and stating late-night testing of aircraft engines must comply with noise restrictions.
The base is in West Auckland and was established by the Royal New Zealand Air Force (RNZAF) shortly before World War II. Until 1965 it also served as Auckland's civilian international airport.
Neil Construction's desire for NZDF to mitigate the noise generated by testing of aircraft, could mean moving the testing to another area of the base, Mark said.
"To me, that makes the noise somebody else's problem and would impose significant cost on the taxpayer," he said.
Mark said he was also concerned with the precedent the ruling set.
"Other organisations may now be able to use this ruling against the Defence Force and it could put in jeopardy our ability to conduct search and rescue, and disaster relief operations outside of 'commercial office hours'," he said.
"Looking at the ruling it makes me wonder if perhaps one of the threats to our national security is property development."
The NZDF legal team are due to respond next week, he said.
The Environment Court said the decision was not to be enforced immediately.
An interim suspension is in place for 20 working days, while an appeal is considered.
If an appeal was submitted, the suspension will continue pending the outcome of that appeal, the decision said.
www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12271423
A property developer has won a noise complaint case against the country's largest military airbase, prompting the Defence Minister to declare that urban sprawl may now be a "threat to our national security".
The Environment Court today released a decision ruling in favour of developer Neil Construction Ltd by issuing a declaration that Whenuapai airbase must comply with noise restrictions when it does late-night testing of aircraft engines.
The court, however, stopped short of halting the work – saying the Defence Force had 20 days to lodge an appeal before the ruling came into force and could keep working while it was considered.
Much of the complex case hung on whether testing of engines could be considered "aircraft operations" under special noise guidelines that apply to the base, with the court ultimately ruling that it could.
"If one were to ask the neighbours how they were aware of aircraft operations, they would likely say that it was when they could hear aircraft engines operating," the court said in part of its decision.
In a statement, Defence Minister Ron Mark said there was no question the ruling could impact the military's use of Whenuapai - which was established before World War II.
"I understand this could mean moving the testing to another area of the base," he said.
"To me, that makes the noise somebody else's problem and would impose significant cost on the taxpayer - I understand this would be in the millions of dollars".
Mark said the precedent set by the decision could have serious impacts on the Defence Force's operations nationwide.
"It could put in jeopardy our ability to conduct search and rescue, and disaster relief operations outside of commercial office hours," he said.
"Looking at the ruling it makes me wonder if perhaps one of the threats to our national security is property development."
Mark said the NZDF's legal team would report back next week with advice about further steps.
Comment has been sought from Neil Construction.
Mark earlier this year announced the future of the RNZAF Base Auckland at Whenuapai was under review – along with the rest of the Defence Force estate - saying it was increasingly under threat from growing urbanisation near its boundaries.
"A property developer who has bought land right next to the base, which has been there for decades, is complaining that we run our engines at night or after dark," Mark told the Herald in July.
"This reverse nimbyism is having a massive impact on the ability of the Defence Force to operate today."
The decision also comes after outgoing Air New Zealand chief Christopher Luxon said the company was in the final stages of testing the viability of flying commercially from Whenuapai.
The company declined to comment on the Environment Court ruling on Friday.
The Environment Court today released a decision ruling in favour of developer Neil Construction Ltd by issuing a declaration that Whenuapai airbase must comply with noise restrictions when it does late-night testing of aircraft engines.
The court, however, stopped short of halting the work – saying the Defence Force had 20 days to lodge an appeal before the ruling came into force and could keep working while it was considered.
Much of the complex case hung on whether testing of engines could be considered "aircraft operations" under special noise guidelines that apply to the base, with the court ultimately ruling that it could.
"If one were to ask the neighbours how they were aware of aircraft operations, they would likely say that it was when they could hear aircraft engines operating," the court said in part of its decision.
In a statement, Defence Minister Ron Mark said there was no question the ruling could impact the military's use of Whenuapai - which was established before World War II.
"I understand this could mean moving the testing to another area of the base," he said.
"To me, that makes the noise somebody else's problem and would impose significant cost on the taxpayer - I understand this would be in the millions of dollars".
Mark said the precedent set by the decision could have serious impacts on the Defence Force's operations nationwide.
"It could put in jeopardy our ability to conduct search and rescue, and disaster relief operations outside of commercial office hours," he said.
"Looking at the ruling it makes me wonder if perhaps one of the threats to our national security is property development."
Mark said the NZDF's legal team would report back next week with advice about further steps.
Comment has been sought from Neil Construction.
Mark earlier this year announced the future of the RNZAF Base Auckland at Whenuapai was under review – along with the rest of the Defence Force estate - saying it was increasingly under threat from growing urbanisation near its boundaries.
"A property developer who has bought land right next to the base, which has been there for decades, is complaining that we run our engines at night or after dark," Mark told the Herald in July.
"This reverse nimbyism is having a massive impact on the ability of the Defence Force to operate today."
The decision also comes after outgoing Air New Zealand chief Christopher Luxon said the company was in the final stages of testing the viability of flying commercially from Whenuapai.
The company declined to comment on the Environment Court ruling on Friday.
This shit is starting to get out of hand...