Rhys and Antoinette Powell stand metres from where the proposed sand quarry would be built. Photo/ Tom Eley
A fight over a proposed sand quarry in the Waikato is heading to court.
Independent commissioners approved the quarry on the edge of Cambridge after a hearing in April. More than 330 locals objected to the plan.
One resident, Cambridge father Rhys Powell, who said he had 30 years’ experience working in mining, has filed an Environment Court appeal.
He told the Waikato Herald that in his opinion: “I am flabbergasted that it was approved after a lot of people were against it.”
RS Sand, a subsidiary of Stevenson Aggregates, plans to develop the quarry, with a pit area of 23ha towards the western boundary, at 77 Newcombe Rd, southeast of Cambridge.
The company said in its application that it would extract up to 400,000 tonnes of sand each year over the consent’s lifetime.
An economic report presented to the commissioners stated the region could lose about $180 million in benefits if the quarry plan were blocked.
Stevenson general manager - aggregates Kurt Hine told the Waikato Herald that the quarry would support growth, and the company would also plant 12.5ha of native bush, restore wetlands, and put protections in place for bats and lizards.
The land previously served as a dairy farm.
The commissioners considered the application on behalf of the Waipā District Council and Waikato Regional Council.
At the April hearing, 350 submissions were received – 339 of them opposing the quarry.
Powell, in his submission, argued the quarry plan broke several environmental rules, including regulation 54(c) of the National Environmental Standards for Freshwater, which banned new activities within 10m–100m of a natural wetland.
The quarry would breach the Heritage New Zealand Pouhere Taonga Act 2014, which required a 50m buffer zone around waterways in cultural landscape areas, he said.
He said the quarry would be built in five stages.
Powell said the first stage would clear pine trees and dig out the wetland area bordering his property.
Powell said in his submission that his biggest concern, however, was dust, which he said could expose neighbours to hazardous substances such as silica.
Powell also cited the Workplace Exposure Standards (2019), which set limits for breathing in hazardous substances.
According to Powell’s submission, the consent required dust to be checked over 24 hours. However, the quarry would only operate from 7am to 5pm.
He was also alarmed that monitoring was only required for the first three years instead of the quarry’s full 35-year life.
His wife, Antoinette,, said in the submission that she was concerned about what effect living near an open mine would have on her children.
Powell told the Waikato Herald he bought his property on French Pass Rd to enjoy peace and space for his family and horses.
“This is supposed to be a quiet area,” he said. “It is mind-boggling.”
Kenneth Elden Pearson, who lived further along French Pass Rd, said in his submission that he was concerned about the adverse effects on the existing landscape and rural character and its immediate surroundings.
Ian Hayton, who lives on Lake View Drive, said he had no objection to industrial development in the Waipā District, but the evidence presented was meeting only minimum standards.
RS Sand, as part of its consent application, sent letters to residents of French Pass Rd, Newcombe Rd, Lockley Rd, and Tirau Rd in 2021, seeking to meet and understand their concerns.
Waipa District has been growing at almost twice the national rate and is forecast to require an additional 13,000 houses by 2030, according to the application.
The company outlined that the quarry would provide sand and concrete products that would be “fundamental” to the lives of New Zealanders.
“A future supply of sand is essential to regional and national construction projects. Additional quarrying would ideally be carried out as close to the materials as possible,” the application said.
It consulted with Ngaati Korokii-Kahukura and Ngaati Hauaa and commissioned a cultural impact assessment and an archaeological assessment, the application said.
“There are no archaeological sites currently recorded within the proposal area. An archaeological authority will be obtained from Heritage New Zealand Pouhere Taonga for works (within) 40m of the Karapiro Stream gully to ensure unrecorded sites, wāhi tapu or other taonga are identified.”
The quarry would create long-term employment for machinery operators, administrators, and local management.
RS Sand‘s application said it planned to use water trucks to wet internal roads and stockpiles, while the sand processing plant would operate a wet system to keep dust down.
The Newcombe Rd sand quarry must meet strict national environmental standards, including air quality limits and protections for waterways, alongside extra conditions the Waipā District Council imposed.
The company said it appropriately mitigated any impacts by proposing wetland restoration along the Karapiro Stream’s southern bank.
“This will see Stevenson undertake a significant enhancement package over the next five years.”
The proposal includes restoring and enhancing the wetland and measures to protect native species such as bats and lizards.
RS Sand, in its submission, said it must monitor dust and environmental effects for three years, then ensure compliance through annual reports and council inspections.
Hine, of Stevenson Aggregates, told the Waikato Herald that the site was chosen because the sand was low in silt and pumice, making it ideal for concrete.
“Good roads, good pipes, and good buildings may not sound exciting, but they make life easier. And they all require concrete, which relies on high-quality sand.”
The company has plans for another quarry on Gordonton Rd that could produce more than 1.6 million tonnes of sand annually for up to 20 years.
The commissioners, Alan Withy, Alan Bickers and Richard Blakey, could only reject the proposal if RS Sand failed to avoid, fix, or offset the effects of the quarry.
In the consent decision, the commissioners concluded the quarry would not cause undue risk, as long as dust control measures such as sprinklers, water carts and wheel-washing for trucks were followed.
Gully walls, planting, and physical barriers would remain in place to protect the stream and nearby homes, the commissioners said.
The consent decision allows the quarry to operate weekdays from 7am to 5pm and Saturday mornings, with peak truck movements reaching up to 200 per day.
The consent addresses non-compliance with several Waipā District Plan rules, including vehicle entrance requirements, sealed parking areas, and vegetation clearance near the Karāpiro Stream, through specific consent conditions.
It also includes strict and enforceable conditions to manage environmental, traffic, and community impacts, with ongoing monitoring by both councils.
Next year, the Environment Court will hold a hearing and issue a judgment, with further appeals on points of law possible to the High Court.
The proposed development is on hold until the Environment Court hears the matter.
This could involve court-assisted mediation to try to resolve the dispute, but if that failed, a full hearing would take place.
Tom Eley is a multimedia journalist at the Waikato Herald. He previously worked for the Weekend Sun and Sunlive.