ENV-2018-AKL-000078 ENV-2018-AKL-000078 DIRECT REFERRAL BY PANUKU DEVELOPMENT AUCKLAND Environment Court, Applicant and Auckland Council 21 August 2018 Statement of Evidence of Keith Ingram on behalf of the; Tug William C Daldy Preservation Society Inc.

INTRODUCTION

My full name is Keith Luke Ingram. I am the Patron - Marine Superintendent and a Senior Master of the tug William C Daldy. I am also a director of VIP Publications Limited publishers of Professional Skipper magazine. I live in Auckland.

The Society

“The Tug William C Daldy Preservation Society Inc.” is a voluntary organisation registered with the New Zealand Charities as a Charitable Trust. The Society is responsible for the restoration and maintenance of the heritage steam tug William C Daldy to New Zealand commercial marine survey standards and makes the vessel available for charters and public sailings, using all proceeds to maintain and preserve her.

Today the tug, is just completing our survey docking prior to entering the Maritime NZ safety system MOSS, is in better condition today than it was when the Society first took possession in 1978.

Mission Statement

“To restore and maintain the steam tug William C Daldy, as a fully operational working maritime heritage vessel; by promoting and educating generally the interests of the public in the historical and technical values of the by-gone-era of steam; via a stable and profitable Society for the benefit of Auckland City and all New Zealanders”.

About the ship

The William C Daldy was built for the Auckland Harbour Board in 1935 in Renfrew, Scotland by Lobnitz & Co. The contract price was £26,366. and the final cost £29,266. Upon completion, she steamed out to New Zealand under her own coal burning - steam generated power, in itself, a remarkable achievement, even by today’s standards. The William C Daldy, was the largest tug to be built for any port in New Zealand at the time.

Upon arrival in New Zealand, she commenced a career on Auckland’s Harbour that would span 41 years until she was eventually replaced and retired in 1977 by a more powerful vessel.

The Tug William C Daldy Preservation Society Inc

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Following her retirement in 1977, she was sold by the Auckland Harbour Board to the “The Tug William C Daldy Preservation Society Inc.” a voluntary organisation that has restored and maintained her in New Zealand commercial marine survey standards ever since.

During her working career she has been attributed as being the tug that saved the Auckland Harbour bridge in December 1958.

The tug was clearly then and remains today Auckland’s own heritage steam tug. She remains today the largest surviving, hand fired - coal burning tug of her type and class, still remaining in full operational safety standards of her country of domicile in the world today.

Apart from some cosmetic changes to meet with the Maritime Safety rules and hospitality for passengers, such as the covered awning over the aft deck. The ship remains largely in her original state with all machinery powered by steam. She is essentially a living heritage steam museum piece.

The steam tug, William C Daldy, is registered on the ‘World Ships Trust’ register as being a steam tug, the last serving vessel of her type and one of less than 20 steam powered tugs still in working survey in the world today.

It is recorded as a ship of significant heritage value on the ‘International Register of Heritage Steam Ships’ for her uniqueness and scarcity in that she retains a high degree of originality. The fact that both these international registers of ships consider her worthy of preservation

indicates a wider recognition of her significance.

Operational profile

Today the tug is operated by the Society on behalf of the people of Auckland from its berth on the north side of Hobson West wharf, adjacent to the Maritime Museum.

Our relationship with the New Zealand Maritime Museum remains strong with plans to now include the ship as a static and operational display for their guided heritage tours of vessels.

Sadly, these plans had to be put on hold for the last two years due to Panuku (Auckland Council) contractors working and repairing the pile wharf sub-structure under the museum. This placed huge public access difficulties and restrictions on the Society to operate normally and as such our activities were significantly curtailed during the time of construction works.

This said, we were still able to honour our commitments to Auckland Council’s Heritage Festival over the three weekends in September/October operating 20 Auckland Harbour cruises via the Ports of Auckland working port, the Devonport Naval Base, up under the harbour bridge returning past West Haven. During these tours we carried some 2400 Aucklander’s and tourists alike on a unique cruise, so they might experience the by-gone era of steam.

While available for and sailing on a number of public and private charters and excursions, Auckland Anniversary weekend in January is a similar big event, in support of the Ports of Auckland annual ‘SeePort’ event and the Anniversary Day regatta tug boat race. Once again over 1000 people enjoyed their time aboard the heritage steam tug out on Auckland’s Waitemata Harbour. A further 2000 people may also enjoy sailing events on charters or public excursions.

So, what we are essentially saying is that even with the access restrictions applied by the contractors and Panuku, the Society remained very active in maintaining the ship to a high operational standard. The ship itself is not obscure with no public presence. Our profile on

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Auckland’s Harbour and Hobson Wharf remains high. This is supported by the fact the tug has featured many times on National TV in support of promoting Auckland’s heritage events.

We also note that our neighbours have commented about the tugs activities, sailings, steam whistle and on occasions the bi-products of combustion, so we don’t go un-noticed.

To carry out our work in maintaining the tug as a public heritage steam asset the Society relies on its minimal earnings and sponsorship from both the community and businesses alike. Auckland Council is one such sponsor of whom we have a license to occupy ‘Heads of Agreement’ via Waterfront Auckland now ‘Panuku’, to use our current berth on Hobson West.

In doing so we are permitted under the Auckland Plan to raise steam and operate as a heritage, coal burning steam tug on Auckland’s Harbour from our berth at Hobson West.

We raise this, only to point out that both the Society and the ship we believe, are not obscure.

America’s Cup 36:

In reading the preceding documents, we must advise our extreme disappointment to find that neither the Society or the tug William C Daldy, rated much of a mention as an existing occupier, even though we have held a ‘Heads of Agreement’ to occupy our current berth on Hobson West wharf since August 2012.

Clearly with our past involvement as a large spectator vessel in both the Louis Vuitton and America’s Cup challengers and defences, the Society supports the America’s Cup sailing events and looks forward to once again being a part of these.

Likewise the Society wants to see Auckland’s waterfront grow as a peoples place while still retaining the commercial port. This is the life blood of Auckland’s heritage. We see the Society and the William C Daldy being an integral part of Auckland’s past and future maritime heritage in association with the New Zealand Maritime Museum.

Our submission Therefore it was our submission that we found we had no option but to object to the consent application in its current form, so as to be heard. We believe the applicant did fail in their duty of care to consider the social and fiscal impact on a very special heritage steam vessel. The last surviving example, in the world today. Auckland’s own heritage steam tug the William C Daldy. This is significant. The tug has always been and remains today Auckland’s own. However we must acknowledge that during the pre-trial mediation hearings the applicant did recognise us, and as a result we entered into free and frank discussions with Panuku in good faith in the hope we could seek an enduring solution to our berth problems.

Progress thus far

If it pleases the Court, we must advise that although we remain in discussions with both Panuku and POAL re; a potential alternative berth for Auckland’s heritage steam tug, we have not reached a satisfactory conclusion nor have we reached an agreed position for an alternative berth in writing.

Therefore it is with some concern that we find ourselves writing to the court once again without an agreed solution or resolution. While we appreciate that everyone is busy, time has marched on and the Society remains concerned that it may still become another casualty of progress.

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Conclusions:

We further state that the activities of Auckland’s own heritage steam ship (the tug William C Daldy) adds character to the waterfront and makes a significant contribution to the people attraction and enjoyment of the waterfront. Her regular harbour sailings are well supported.

We believe the Society has a legitimate expectation that it will continue to be accommodated in the Viaduct/Wynyard Precinct water-space areas, adjacent to the Maritime Museum. This is evidenced by the Heads of Agreement dated 4th August 2012, signed by Sir Bob Harvey in his capacity as Chairman of Waterfront Auckland on behalf of Auckland Council (Now Panuku). All subsequent dealings with Waterfront Auckland and then Panuku provided further confidence to the Society that the tug would continue to be accommodated within the vicinity of the Maritime Museum over the long term. While I acknowledge that the Society’s Heads of Agreement contains a provision allowing termination upon 6 months’ notice, our dealings with these public bodies gave the Society the firm impression that they would continue to be accommodated.

Loss of existing berth

The fact is that, if it were not for the ACup36 event, there is no reason to think Panuku would be giving us notice of termination of our current licence. For that reason, the loss of the tug’s current berth is a direct effect of the application for consent by Panuku which the Court should consider in terms of the RMA. The effect is significant, and it is no answer to simply say that Panuku is entitled to terminate on notice to the Society.

Notwithstanding the above, Panuku have now issued the Society notice terminating our current ‘Heads of Agreement’ (Berth Lease Contract) dated 26 July 2018. In doing so Panuku acknowledges that the required six months’ notice under the Heads of Agreement, has not been provided to the Society. They suggest that any efforts they make to assist with relocation of the tug to a new location in the POAL area is “in consideration” of that lack of notice.

The Society sees things differently. As noted, we consider that the tug would not have needed to be relocated, and notice would not have therefore been given, unless the ACup36 event were being accommodated on the Auckland Waterfront. We consider that Panuku is obliged to assist with finding an alternative location for the tug in order to address the effects of their application, not in consideration of a lack of notice under the ‘Heads of Agreement’.

We would point out that Panuku controls the waterfront wharves and berth availability outside of the POAL Customs bonded areas and as such there is no alternative berthage – private or otherwise available for a 750 ton ship such as the William C Daldy.

This said, we have endeavoured to work with both Panuku and POAL in good faith, in an effort to find an alternative berth suitable for the ship and the Societies’ operations and working commitments. As such, the Society remains hopeful that an agreement on an alternative berth satisfactory to the Societies needs will be reached before the 28 October 2018 Panuku stated deadline.

Unfortunately, however, this leaves us in the invidious position where we find ourselves with no option but to remain engaged in the Environment Court – RMA process as an affected party.

Our objection may be met

In consideration of the greater good associated with the application and the future of the America’s Cup defence in Auckland, we advise that our objection maybe met by:

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That provision be made for a suitable alternative berth with full public access to be provided during the time of construction and works.

That a new comparable berth be offered under the similar terms and conditions within the near proximity to the New Zealand Maritime Museum so that we may remain in close association with the maritime history contained within this museum.

Or failing this; that an alternative berth be offered and mutually agreed upon, one that offers the same or similar access and facilities of a safe haven within the down town waterfront area.

Given that we have not yet reached an agreed position on an alternative berth, we seek that the Court ensure that the effects of this application are appropriately mitigated, by imposing a condition on any consent it grants to Panuku’s application to the effect that the work cannot start on Hobson Wharf West until a satisfactory alternative berth is found and offered to the Society under similar terms, conditions and privileges to our existing Heads of Agreement.

That Panuku as a condition of consent makes available a suitable alternative berth, fit for purpose to be able to accommodate a 750ton ship the size of the William C Daldy as a part of the over-arching cost of the event.

This is our submission in evidence.

We have attached a number of referee’s supporting the Society and its work. Including a recent letter from Mayor Goff.

We thank you for your assistance and consideration in this important matter. We would also be happy to appear for the consents hearing committee and be heard in respect to this submission if the Court so requests.

Keith Luke Ingram. For and on behalf of the Tug William C Daldy Preservation Society

Attachment’s

Heads of Agreement

Letter Mayor Goff

Letter Maritime Museum

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WATE RFRO NT AUCKLAND

P +64 9 336 8820 F +64 9 379 411 6 Ground Floor. Pier 21 Building. 11 Westhaven Drive. Freemans Bay

PO Box 90343. Victoria Street West , Auckland 1142, New Zealand www.waterfrontauckland.co.nz

Waterfront $ Auckland ~

Heads of Agreement

relating to

Occupation of the Outer North Berth, Hobson W harf West

Auckland Waterfront Development Agency Limited

and

The Tug William C Daldy Preservation Society Inc.

Date 4 th August 2012

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This Heads of Agreement is made on 4th August 2012

Between (1) Auckland Waterfront Development Agency limited (Waterfront Auckland)

And (2) The Tug William C Daldy Preservation Society Inc. (The Society)

INTRODUCTION

Waterfront Auckland recognises The Society's responsibility and duty of care in preserving, maintaining and operating the heritage steam tug William C Daldy, as the last of her type and class still in survey in the world today. This vision is shared by Waterfront Auckland so that the community of Auckland may continue to enjoy the by-gone-era of steam, while stepping back in time into the early history as part of the legacy left from Auckland's waterfront and the Ports of Auckland.

USE OF THE BERTH

(a) Waterfront Auckland grants and The Society accepts the right to occupy and use the north facing berth, designated as Hobson Wharf West as outlined in red on the plan attached as Schedule 1 of this Agreement (The Berth).

(b) The Society accepts to enter into, and use The Berth on the terms and conditions set out in this Heads of Agreement.

(c) Waterfront Auckland reserves the right to access the Premises from time to time for whatever purpose although where practical prior notice of such requested access will be given to The Society.

CONDITIONS OF USE

Charges

1. In keeping with the vision of Auckland Council in creating an environment of returning the waterfront to, and for the enjoyment of the people of Auckland, Waterfront Auckland recognises the public value provided by The Society in keeping the heritage steam tug alive and available to the public, both as an affordable attraction for the public and local tourists enjoyment. The berth rental is therefore set at $1.00 per annum.

Term of Agreement

2. The term of this agreement shall commence on the date signed by both parties until:

(a) The expiry of a six (6) month period after either party has given the other written notice of cancellation;

Permitted Use

3. The Society will ensure that it's members:

(a) Only use the Berth for the sole purposes of The Society as a place to carry out its business of operating, maintaining and preservation of the heritage steam tug William C Daldy; and

(b) As a static heritage maritime display and or for its sea going operations for both charters and public sailings when the ship has steam raised .

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Annual Event Plan

4. To ensure that the Society's and Waterfront Auckland's use of the Berth is optimised, The Society and Waterfront Auckland's representatives shall work together to develop a suitable Annual Event Plan. The initial Event Plan is attached as Schedule 2. This Annual Event plan will be a constantly evolving process with new events coming on stream as others are retired.

Waters pace and Access Rights

5. This agreement relates only to the allocated water space of the Berth, its associated shore side facilities including power and water, prescribed parking, signage and both service vehicle and public access to the wharf.

Utilities

6. Waterfront Auckland will at its cost continue to keep and maintain the existing water, power, and lighting services to the Berth. The Society shall pay invoiced service consumption charges. Waterfront Auckland will invoice The Society for the service consumption charges.

Carparking

7. Waterfront Auckland will provided the Society with 4 car park spaces (without charge), at such locations as Waterfront Auckland may direct from time to time for the parking of motor vehicles (other than heavy vehicles) incidental to the Society's use of The Berth.

Subletting of the Berth and Change of Use

8. The Berth shall not be sub leased or used for any other purpose other than prescribed for the operation of the tug William C Daldy under section 3 of this Agreement, unless Waterfront Auckland at its sole discretion has approved such use.

Insurance

9. The Society shall throughout the Term of the Agreement keep the heritage tug, William C Daldy, its equipment and other property fully insured against third party loss or damage by any reason and/or other maritime risks.

(a) The Society shall ensure that any contractor, service vehicle or tradesman invited into the marina complex for the purpose of deliveries to and or to carry out work on the tug, holds sufficient insurance to satisfy the terms of this agreement.

(b) The Society shall, if requested by Waterfront Auckland, provide copies of the policies effected pursuant to this clause together with a certificate of currency for such policies.

Crew Manning and Responsibility

10. The Society in keeping with its duty of care will maintain the William C Daldy to a standard where it is safe and fit for purpose for its intended use as a heritage steam tug, be it as a static display or fully operational for passenger use in keeping with Maritime New Zealand survey standards (SSM/MOSS) for the Auckland inshore limits.

(a) The Society, in keeping with its duty of care, shall carry out the prescribed level of crew training to ensure the safe operation of the vessel at all times.

(b) That the vessel be manned in accordance with the prescribed Maritime New Zealand manning and safety standards whenever operated commercially at sea.

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Repairs and Maintenance

11. The Society will at its cost:

(a) Keep the Berth area clean, free and clear from all rubbish;

(b) Keep and maintain the Berth area and heritage steam tug William C Oaldy in good order and repair in a tidy and cared for condition.

Heritage Coal Fired Steam

12. While it is recognised by both parties that both steam and the products of combustion go hand in hand with any heritage steam vessel, The Society undertakes to maintain best practices when raising steam alongside to minimise the emissions of black smoke.

13. If Waterfront Auckland considers emissions from the heritage steam tug William C Oaldy are adversely affecting its marina operations, after due consultation , Waterfront Auckland reserves the right to direct that the William C Oaldy find an alternative berth. Such directed outcome may be subjected to the disputes resolution procedure in this agreement in an effort to seek a mutually agreed solution.

Requests for Movement

14. The Society agrees to any reasonable request to shift berths for marina operational requirements or berth servicing and or repairs. It is acknowledged and accepted by both parties that, where practicable, Waterfront Auckland will give The Society seven (7) days notice of the request to move, and shall offer an alternative berth for the time of vacancy requested.

15. Waterfront Auckland reserves the right to use the berth in the case of an emergency and also to require the Society to vacate the berth in an emergency or if necessary to allow urgent repairs to be carried out. In such circumstances, Waterfront Auckland may with best endeavours, but shall not be obliged to, provide an alternative berth or mooring.

Indemnity

16. The Society shall indemnify Waterfront Auckland against any loss, expense, legal liability, claims, extraneous damage and costs incurred by Waterfront Auckland arising as a result of the Society's act or omissions or the acts or omissions of other to which the Society has contributed or the acts or omissions of any person invited into the Marina by the Society.

Disputes Resolution

17. The parties will endeavour to settle any dispute in connection with this Memorandum by mediation before reverting to litigation. Either party may initiate mediation by giving written notice to the other party. The mediator will be such person as is agreed by the parties or failing their agreement within 7 days following the first date one party nominates a mediator, then a mediator will be appointed (at either party's request) by the president for the time being of the New Zealand Law Society whose decision as to the appointment of the mediator will be final and binding on the parties.

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The Tug William C Daldy Preservation

Society Inc.

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Schedule 1: Berth Plan

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Schedule 2: Annual Event Plan

The foll owing proposed events are schedu led for the 2012 - 2013 cruising season starting August 2012.

August 4: 1000. Welcome home to Hobson West

1200. Ship hosting Waterfront Auckland's 1" birthday.

August 5: Public sai lings, weather permitting at 1000 -1 200 -1400, if demand.

September 29: Heritage Week. POAl public sa ilings at 0900 - 1100 - 1300, on demand.

1830. Charter for marine industry.

September 29: On Water Boat Show public sailings at 1100 - 1300, if demand.

October 6: Heritage week. POAl public sailings at 0900 -1100 -1 300 on demand

October 13: Heritage week. POAl public sailings at 0900 -1100 - 1300 on demand.

labour weekend to Easter weekend: The ship is avai lable for charter and selected public sailings from PM Friday to 1500 Sunday and public holidays exclud ing Christmas Day to January 4 unless by special arrangement.

During this time, when practicable the ship while cold will be open to the public as a steam heritage display wi th hot and cold refreshments and light snacks available for purchase.

Excluding Christmas Day and New Years Day.

The Society is committed to working in with Waterfront Auckland's Events and Voyager New Zea land Maritime Museum to assist in open days and waterfront events as and where appropriate.

Auckland Anniversary weekend: Publ ic sailings at 0900 - 1100 - 1300 if demand.

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Special events.

Auckland Anniversary Day Regatta. Public sailing for the annual tugboat regatta.

Annual around Waiheke Island day cruise 0900 to 1630.

Annual Kawau Island - Mansion House Bay cruise, 0730 to 1800

April - May 2013. Annual docking and survey.

This schedule maybe subjected to change at short notice due to operational and safety requirements.

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Level 27, 135 Albert Street, Auckland 1010, New Zealand | Private Bag 92300, Auckland 1142 | aucklandcouncil.govt.nz | +64 9 301 0101

19 January 2018

Keith Ingram

By email: keith@skipper.co.nz

Dear Keith

I am pleased to write in support of the William C Daldy Preservation Society on the importance of the ship’s contribution to the history of Auckland and the role it continues to play in the life of our City.

The steam tug William C Daldy is a significant part of Auckland’s heritage. It was the largest tug of the day for the Auckland Harbour Board, when acquired 82 years ago.

The William C Daldy is believed to be the only vessel of its type still in full commercial working survey to maritime marine standards and the only vessel of her type still operating in the world.

The inclusion of the vessel in the International Register of Historic Ships published by the World Ship Trust of London as a historic vessel worthy of preservation indicates a wider recognition of her historic significance.

An interesting part of its history was its role on December 1 1958 during the construction of the Harbour Bridge. The central section is caught in 40-knot winds while being maneuvered into position. The William C Daldy was called to hold the 1200ton, 580ft long section in position with a “dead slow ahead” and sustained pull that lasted for 36 hours until the storm front finally passed over Auckland.

Auckland Council recognises the importance of this maritime historic asset and acknowledges the William C Daldy Preservation Society Inc, as the ships guardians. A huge amount of professional volunteer work has been done by the Societies members to ensure the preservation and well-being of this historic steam vessel.

The tug supports city and charitable events by providing harbour tours such as during Auckland’s annual heritage festival and Auckland Anniversary Weekend. Any support that can be given to the Organisation and the ship would be money well spent and appreciated by the people of Auckland.

Phil Goff

MAYOR OF AUCKLAND

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