BREAM BAY GUARDIAN SOCIETY 

Update as at 6 April 2025


The Bream Bay Guardians Society

With the assistance of Fraser Sinclair, representing the "Save Bream Bay Sands" group as our administrative lawyer, a formal application has been made this week to the Companies Office to establish an incorporated Bream Bay Guardians Society (BBGS). 

The stated purpose of the BBGS is to: protect and preserve the environment (Including advocating against applications to undertake activities which may have a detrimental impact on the environment) promoting sustainability and educating the public on matters of ecological and/or cultural significance, including by way of legal proceedings.

The following people have been nominated within the BBGS application as Officers and Members: 
Officers
Malcolm Morrison, Bruce Copeland and Mary Sinclair
Members
Those above, plus: Peter Hunt, Sacha Judd, Andre Labonte, Dawn Morrison, Pamela Tindall, Carin Wilson and Jenney Wilson.

It is our expectation that the Companies Office will respond promptly, allowing the BBGS to hold and protect assets (including money) for charitable purposes associated with an opposition to the MBL FastTrack application to mine sand in Bream Bay over the next 35 years. 

A Workplan

Concurrently, the BBGS has adopted a workplan structure with the proposed members leading each of the following areas of interest to a FastTrack application:

  1. The politics, policy and processes associated with the Government FastTrack legislation (Sacha Judd and Carin Wilson)

  2. Relationships, communications and publicity (Mary Sinclair, Carin Wilson and Emma Hart)

  3. The economics associated with FastTrack applications (Bruce Copeland)

  4. Sand flows and beach effects (Malcolm Morrison) 

  5. Concrete technology and supply (Peter Hunt)

  6. Environmental considerations (Andre Labonte, Pamela Tindall)

  7. The conditions of approval and compliance (Malcolm Morrison).

To support these members leadership, we have also accepted offers from a significant number of people in our community. Each of these have offered voluntary support for the work programme as outlined above. The professionalism, experience and successes of those volunteering to support - in law, engineering, marine geomorphology, marine science, coastal engineering, economics, planning and regulatory functions, marketing and cultural relationships, and other associated areas - is outstanding. We thank them all.

Priorities

To assist in the determination of workplan priorities, the BBGS members have agreed a three-phase programme:
Phase 1; Stop the application from being submitted
Phase 2; If Phase 1 does not succeed, proceed with assembling experts and challenging the detail in the application
Phase 3; If Phase 2 does not succeed, proceed with education relating to monitoring compliance with the consent and affects caused by the mining.

Phase 1

Phase 1 is in progress now.

A key focus in our current phase falls within the Politics, Policy and Process workstream, where we are seeking to examine and challenge the compliance of MBL dredging/mining at Pakiri.  From our reading and research to date, the Auckland Council for a significant period of the sandmining at Pakiri, failed to sufficiently monitor MBL if at all. This has meant that MBL have breached consent conditions with impunity even after an independent expert produced hard evidence of large seabed trenches that had been dug that far exceeded the consent conditions. These consent breaches have helped cause damage both at Pakiri  and most likely the Mangawhai Spit.

So why has Auckland Council not prosecuted MBL?

Reputable international research has found that trenches like this one are often the cause of substantial beach degradation, and that the hole will gradually fill up with sand off the beach. We understand that in many countries, the digging of such a trench so near to shore would lead to the company and its directors receiving enormous fines and perhaps jail sentences for the directors.
In our opinion, in NZ, if this sort of trench had been dug out across an equally sensitive environment (like a wetland) the company would almost certainly be fined substantially, and directors may receive criminal convictions resulting in custodial sentences. As we understand the law, the same consequences are available for serious environmental damage related to the marine environment.

As an outcome of our research in this area, we are submitting a LGOIMA to Auckland Council (an Official Information Act provision specifically designed for Councils) asking pointed questions about what they have done about MBL apparent breach. We will be following Auckland Council’s responses closely and update you as soon as we can.

If we can create enough 'noise' and public concern about MBL operations at Pakiri, then it is our expectation that MBL will not be given an easy trajectory to getting their Bream Bay FastTrack consent.

We must acknowledge the contributions of Damon Clapshaw who is as determined as we are to stop the Bream Bay sandmining. He was one of the key figures in demonstrating the inadequacies of MBL’s application for a consent renewal at Pakiri. A lot of this information is proving very useful for BBGS’s efforts.

A second focus of Phase 1 has comprised an examination of the economics associated with the MBL FastTrack proposal.  Bruce Copeland has championed this work. With the assistance of a highly capable community volunteer, a report has been produced challenging the overall, and the detail of MBL economic assessment. The prime reason MBL have given for the need to sand mine at Bream Bay is that Auckland will not have enough sand available for making concrete if this is not permitted.

This work which has been published in the local media clearly demonstrates that Auckland has and will continue to have a surplus of sand without MBL’s activities. It also shows that there will be no economic growth for Northland nor NZ. This then means that the prime reason for accepting any Fast Track application has not been met.

In the Concrete technology and supply workstream we are collecting evidence to challenge MBL's assertion that manufactured sand- based concrete is not as good as mined sand concrete.

Internationally there are many countries that use almost all manufactured sand-based concrete. Interestingly, we have found that almost all concrete in Wellington is made with manufactured concrete according to the Aggregates and Quarrymen Association.

The Sand flows and beach effects and the Environmental Considerations workstreams are planning a series of underwater filming to closely examine that the current state of the Bream Bay and the Pakiri seabed is. Shaun Lee, who is an acclaimed scallop and sea life expert will be diving with Dr Valentina Spanu, an internationally experienced marine geomorphologist, amongst others. We think this will be very revealing.

Relationships, Communication and Publicity
A Collective Effort

Importantly, and integral to each of the three phases of the work programme proposed by the BBGS members, our Relationships and Community members have invited and initiated what we expect to be enduring and closer relationships with both Patuharakeke and Ngatiwai Iwi/Hapu.

Representatives of both Patuharakeke and Ngatiwai have responded extremely positively to the approach and are encouraging a growing trust and connect as we work through each of the parties opposition to McCallum Brothers limited (MBL) proposed application to dredge sand from Bream Bay.

On 16 March Iwi/Hapu representatives were welcomed to Langs Beach, and as a combined group we supported One Tree Point, Ruakaka, Uretiti, Waipu Cove, and Whangarei Heads 'No Sandmining Groups' in a Bream Bay Boat flotilla protest. 

What a day that was. More than 50 boats, many with significant numbers on board, gathered in the area proposed to be mined by MBL, and gave voice to their opposition. 

With the support of a film crew contracted by BBGS we have collected significant film which has now been edited to produce a short 6-minute video clip of the protest and the opposition voice. With the agreement of those filmed, the video will be released and used by each of the parties - separately and collectively - in the near future as we continue to oppose a MBL FastTrack application.

Many thanks to the many Langs Beach residents that offered their boats for the protest, and who came on to the beach to support the boat protest. It was very heart-warming to see and feel the support we have.

Further relationships have been initiated during Phase 1 as BBGS members seek to maximise the wider Bream Bay and country-wide opposition to the MBL sand mining proposal. Notably, at a country-wide level, we are supporting and are being supported by the Endangered Species Foundation (www.endangeredspecies.org.nz).  This is the Foundation that has presented the 14000 petition to Government.

Your support is still needed 

Thank you to all those that generously supported us following the community group meeting in February. Your support is much appreciated and valued.

To date your support has helped us to film the boat protest, to film the voices of key BBGS members and community experts, and to produce the video we will release as soon as all participants in the video are agreed it can be used to promote our opposition.

Knowing and understanding that our total filming plan and related publicity costs going forward will require a substantial community support - we encourage you to consider donating to our cause. We estimate that up to a further $250k may be needed to get us through to Phase 2.

Our bank account details are as follows:
Name of Account: Mary Sinclair & Malcolm Morrison
Account Number: 02-0492-0280597-000

Should you choose to donate, please advise your name and mobile number in the payment.

NOTE: WE will be setting up a dedicated BBGS Account as soon as we are Incorporated. Funds in the above account will be transferred and all donations since our inception will be receipted.